Criminal Justice System
Criminal justice system is a phrase used to express the interdependent components of the courts, police, and correctional facilities in the government. The term also describes the criminal justice agencies found within states in a federal government. As a whole the criminal justice system is thus made up of the three aforementioned interdependent components. Law-making has often been added by some as the forth criminal justice component, since all legitimate activity of the criminal justice system emanates from the law (Fuller, 2005). The understanding of this is important because if the process of criminal justice is unfair, a portion of the unfairness will for sure stem from the criminal law. The substantive law aspect reflects the "what" of the statute, in that laws are established to define certain behaviour as crime, and thus give punishment to those who violate the law (Bohm & Walker, 2007). However in the recent times there have been calls for an overhaul of the criminal justice system. This stems from the diminishing public confidence in the system that has been accused of unfairness and inequity in performing its mandate. Hence a review of the criminal justice system is aimed at improving it to be fair, firm but compassionate, and colour-blind truly Fair and Effectiveness
The effectiveness of the law can be evaluated based on the access and equality of the law, its enforceability, resource efficiency, protection of individual rights, and a means to establish a balance between the rights of the society and individuals. To act effectively, the criminal justice system must render equal treatment to everyone, regardless of their income, education, age, social status or ethnicity. If it is discovered that an individual has been discriminate against, then the criminal justice system is deemed to have failed if its task. Equality before should have effective adaptations in order to suit the changing values and attitudes of the society and individuals (Karmen, 2009). Another factor that can determine whether or not the criminal justice system is effective is delays in the system. Criminal justice often takes too long before finalizing cases. Years elapse between the date when the crime was committed, and the time when the offender is sentenced. Such delays in the criminal justice system can result in the victim suffering from continuous trauma because of the offender not being punished. Delay can also result in witnesses forgetting important information that is relevant to the case in question. A fair and effective criminal justice should not be expensive to mete upon everyone. The criminal justice system can be very costly. Numerous citizens cannot afford legal representation. In some cases courts have recognized the necessity for adequate legal representation. Hence attempts to redress inequalities of accessing the legal system have been done through Legal Aid. This offers cheap legal representation to individuals on a limited income. Nonetheless, not everyone is provided with the legal aid. In order for people to qualify for legal aid, they need to pass a test asserting their assets or level of income, and a merit test where matters are serious enough with a likelihood of winning (Fuller, 2005). In view of all this issues, the criminal justice system cannot be said to be wholly effective and fair. The Rule of Law
Doubts have of late arisen on whether the criminal justice system abides by the principle of the rule of law. Arguments have been laid that misconceptions regarding criminal trails, and the power vested in organized crime, is the source of the degradation and corruption in the criminal justice system. This implies that the system is not performing on the principle of rule of law. Rather than serve the society by protecting the victims and convicting the guilty, the criminal justice system is dominated by indifferent court staff and judges, wily defence lawyers and...
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