Criminal Justice System

Topics: Crime, Police, Criminal justice Pages: 6 (2176 words) Published: August 12, 2013
What does criminal justice aim to do? Explain the relevance of Packer's (1968) models of due process and crime control and how these support or conflict with the aims of criminal justice.

Philip P. Purpura (1997) states “Criminal justice focuses on the criminal law, the law of criminal procedure, and the enforcement of these laws, in an effort to treat fairly all persons accused of a crime”. The aim of criminal justice is to deliver justice efficiently. The system ensures that people are punished for the crimes in which they have committed and aims to prevent them from committing further crimes by rehabilitation. If rehabilitation is successful then this may lower crime rates in the future. The main aim of the Criminal Justice System is to ensure the community is safe and reassure them that they are being protected from criminals. It is also to ensure that all criminals are punished, but punished fairly. Criminal justice helps to improve effectiveness in the justice system, it aims to make sure everything is done correctly and all of the correct rules and laws are followed. It ensures that society trusts them and has confidence in them. If there is no trust then suspects may not feel safe when they are on trial.

The Criminal Justice system involves the police, the Crown Prosecution service, the courts, Lawyers, and the prison system. The core systems of the criminal justice system consist of the police, the Crown Prosecution Service, the courts, the National Offender Management Service and also the Youth Justice Board. The role of the police officer is to basically prevent crime and provide a safe community. They have to ensure no one is breaking the law and maintain the law, they also have to investigate crimes and also detect crime in the area's in which they are based in. The Crown Prosecution Service have to decide whether to prosecute a suspect. They have to come up with the decision of whether to take a crime to a law court in order to be dealt with. Once the police have gathered evidence to support a criminal act they take it to the Crown Prosecution Service to be dealt with.

All cases start in a Magistrates Court, serious crimes such as murder and rape may then be passed down to Crown Court. The National Offender Management Service works with prisons and probation, it ensures offenders are managed correctly during their sentence. It also gives advice and reports on offenders to service court appearances and sentencing processes. The Youth Justice Board aims to prevent crimes committed by young offenders under the age of 18, it also helps to rehabilitate young offenders. Public agencies are also involved such as the forensic science service and the victim support service. The adversarial approach includes the prosecution and the defence. They both dispute because the prosecution service aims to ensure that the suspect is found guilty, which is very important in a case because they remain innocent until proven guilty. The defence service does the opposite, they try and make sure the offender is not proven to be guilty. The suspects have the right to remain silent because it is not up to the suspect to prove that they are guilty it is up to the prosecution. To balance it. There are many great police officers and there can be some that aren't as great. Some appear to be fair and some unfair. There are judges who appear to be very strict and appear to give long sentences and then there are some judges who appear to be very lenient and give very short sentences. Some lawyers may be very skilful and other lawyers may be less skilled and very un-organised. The inquisitorial is different because it just focuses on getting the truth. This system is a much calmer environment where as the adversarial approach is more argumentative.

Herbert Packer, (1968) conducted two models, the due process model and the crime control model. These models both represent two systems that are competing within the criminal justice...

References: Philip, P., (1997) Criminal Justice. United States of America, Washington: Heinemann.
The guardian. (2009). Ian Tomlinson Death. Retrieved from The Guardian newspaper website: http://www.guardian.co.uk/uk/2012/jul/19/simon-harwood-not-guilty-ian-tomlinson
The Guardian. (2009). Police assault on Ian tomlinson. Retrieved from YouTube: http://www.youtube.com/watch?v=HECMVdl-9SQ
Gibson, B., (2008). The Criminal Justice System. Hampshire: Waterside press.
BBC News. (2012). Sam Hallam murder conviction quashed by court of appeal. Retrieved from BBC news website: http://www.bbc.co.uk/news/uk-england-london-18102336
Great Britain., (2003). Police and Criminal Evidence Act 1984. London, Kingsway: The Stationary Office.
Cliff notes. (2010). Crime Control or Due Process. Retrieved from cliff notes website: http://www.cliffsnotes.com/study_guide/Which-Model-Crime-Control-or-Due-Process.topicArticleId-10065,articleId-9911.html
Samaha, J., (2006). Criminal Justice. United States of America: Thomson higher education.
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