What do we intend by the ‘Criminal Justice System ‘ ( ‘CJS ‘ ) ?
This essay aims to reply the inquiry ‘What do we intend by the Criminal Justice System? ‘ In order to make this, we will get down by looking at an debut to the condemnable justness system and briefing speaking through the different bureaus it is comprised of. We will so travel on to look at the three chief authorities sections and map out their duties. This essay so intends to oppugn whether or non the CJS is really a system and to discourse struggle that may originate between the different bureaus. In order to understand the system, it must be broken down into three phases. These phases include the constabulary, the tribunals and the prisons. These can be evaluated to find whether or non the CJS is effectual.
The Criminal Justice System is one of the chief public services in the UK. It is made up of specific bureaus that respond to the committee of offenses. These work together and portion similar purposes and aims. These bureaus include the ‘Police Service, the Crown Prosecution Service, Her Majesty ‘s Court Service, The National Offender Management Service and the Youth Justice Board ‘ ( cjsonline.gov.uk March 2010 ) . All of these bureaus are directed by three chief authorities sections. These are the Home Office, the Ministry of Justice and the Office of Attorney General. These sections work together and each of these is responsible for different services within the system.
The Home Office was set up in the eighteenth century and although many alterations have been made since this clip, its cardinal aim is to protect the public therefore it is responsible for countries such as policing and security. This makes it responsible for all 43 constabularies forces within England and Wales. It is run by the Home Secretary who sets agenda ‘s and has direction boards in order to do certain its purposes and aims are carried out and their services are being delivered to the populace. The Ministry of Justice was established in 2007 and took over some of the duties of the Home Office. It is in charge of the justness system with countries such as condemnable jurisprudence and condemning. One of its departmental strategic aims is to guarantee a more effectual, crystalline and antiphonal condemnable justness system for victims and the populace ( http: //www.justice.gov.uk/publications/docs/justice-annual-report-08-09ii.pdf p48 ) . It is now headed by the Lord Chancellor which can besides be known as the Secretary of State for Justice and like the Home Office, it besides has a direction board. The Ministry of Justice now besides carries out the responsibilities for the Department for Constitutional Affairs which manages the Legal Services Commission and certain tribunals. The Office of the Attorney General was established to supply advice to jurisprudence functionaries. One of its chief duties is to guard the regulation of the jurisprudence and of public involvement ( hypertext transfer protocol: //www.attorneygeneral.gov.uk/AboutUs/Pages/default.aspx ) . It is accountable for the jurisprudence wrongdoers section which is made up of bureaus like the Crown Prosecution Service and the National Fraud Authority. In order to attest that these three sections work together, Local Criminal Justice Boards were set up. There are 42 of these boards and guarantee that all of the purposes of the three boards are carried out in their local country.
Ashworth ( 2010 ) claims that the CJS is non a system. It quotes that ‘To refer to it as a system is simply a convenience and an aspiration ‘ ( p71 ) although Newburn ( 2007 ) believes that there is grounds to demo that they work in partnership and portion similar ends ( p549 ) . Despite these similar ends overall, each phase of the CJS sometimes has different aims which may ensue in struggle between the different bureaus. For illustration, the tribunals may condemn a individual to prison to be punished, while probation officers would try to rehabilitate them. With these differing aims, the Office for Criminal Justice Reform ( OCJR ) was set up to guarantee these bureaus collaborated efficaciously and delivered the purposes of the CJS. These purposes are to forestall and observe more offense, to give victims and informants more support and to penalize and rehabilitate more wrongdoers http: //www.cjsonline.gov.uk/the_cjs/how_it_works/ . These purposes must be carried out in order for the condemnable justness system to be effectual.
Each of these purposes can be applied to the different phases within the CJS. These phases consist of the constabulary, the tribunals and besides the prisons. Each has a different function within the system with different aims. The constabulary are at that place to forestall and observe more offense ; this can be done through apprehensions while the tribunals are at that place to sentence wrongdoers and the prisons to penalize.
The constabulary are the primary phase in the bar of offense ( Joyce p84 ) . In most instances the bureaus ne’er respond at all as the CJS starts with the apprehension of a suspect or with the coverage of a offense. The constabulary have the authorization to mention a individual to the following phase of the CJS. This is done as they have to implement the jurisprudence with the purpose to maintain the peace. The tribunals have the power to condemn an wrongdoer and a tutelary sentence is the toughest penalty the tribunals can enforce while the prisons map is to penalize an wrongdoer.
From this it would look that the CJS is based upon penalty, nevertheless this is non the instance. Merely specific bureaus focus entirely on the penal system. Once an wrongdoer is sentenced by the tribunal, the wrongdoer enters the penal system ( Cavadino p1 ) . The penal system is a ‘system that exists to penalize and otherwise trade with those who have been convicted of condemnable offenses ‘ ( Cavadino p408 ) . The CJS in the UK is non merely about penalty but besides about the rehabilitation of wrongdoers. Therefore, it protects the populace in both the long and short term hypertext transfer protocol: //www.cjsonline.gov.uk/downloads/application/pdf/CJS_Review.pdf. Rehabilitation believes that ‘punishment can cut down the incidence of offense by taking a signifier which will better the single wrongdoer ‘s character or behavior and do him or her less likely to reoffend in future ‘ ( Cavadino p41 )
The three phases mentioned earlier collaborate good as all three have the aim to protect the populace. In order to happen out whether or non each of these phases are effectual, they can be measured by a figure of different agencies.
Clear up rates
Sentencing has increased in recent old ages. This can be proved by the addition in captives. Since 1980 the prison population increased from 42,000 to 85,000 in 2009 ( REF ) . Despite this addition, it can non be proved that there is an addition in offense as it may be due to stricter and harsher sentences being imposed by the tribunals. Regardless of this, respondents to the BCS were asked whether they thought sentences were excessively tough, approximately right or excessively indulgent, with over three quarters ( 76 % ) feeling that sentences were excessively indulgent ( Home Office Policing and condemnable justness p12 ) . Due to this addition in the prison population, it has been claimed that the conditions captives live in has made it hard to rehabilitate wrongdoers ( Joyce p365 ) and that it is possible that the prisons may be go againsting Article three of the Convention ( Ashworth p316 ) . One of the jobs that an addition in prison population has caused is overcrowding. This can take to inmates being contained to their cells for long periods of clip ( Ashworth p316 ) and the denial to rehabilitative programmes ( Joyce p377 ) . These overcrowded prisons can take to aggression and can damage a individual ‘s wellness and well-being. Other issues that are concerned with prison conditions include an addition in drug usage, security jobs and besides the funding of the prisons. These conditions may besides impact reoffending rates due to non being able to rehabilitate a individual.
Victimisation studies is a study which interviews a sample of the populace and supply a comparatively accurate step of offense rates ( Newburn p62 ) as they include offenses that have non been reported to or recorded by the constabulary. Despite this, they still can non be 100 % accurate and dependable due to the fact that they exclude ‘victimless offenses ‘ such as
Self study studies
Issues act uponing the CJS ‘s ability to be effectual
Assurance levels/ satisfaction
Dependability of stats
The media can act upon a individual ‘s perceptual experience of the CJS.
Good – The media nowadayss information to the populace of offenses. This can be done through new coverage and besides telecasting programmes such as ‘Crimewatch ‘ which give the public histories of events through existent life footage and Reconstructions ( Newburn p104 ) .