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Why Do We as a Society Need a Criminal Justice System

By batman2 Apr 15, 2012 1209 Words
Why do we (as a society) need a criminal justice system?
The Criminal justice system is essential in society today without it would mean chaos. Two reasons why we need a system are firstly that it is used to punish or correct wrongdoing (Sallmann and Willis 1980s) and secondly for protecting the young and otherwise vulnerable people (Justice Kirby). Without one would essentially mean total chaos in many parts the world. The system is a series of organizations, the definition of Criminal Justice System: Criminal Justice System. Dictionary.reference.com. LLC. Retrieved December 14, 2011, from http://dictionary.reference.com/browse/criminal+justice+system: a series of organizations who is involved in apprehending, prosecuting, defending, sentencing, and jailing those involved in crimes - including law enforcement, attorneys, judges, courts of law, prisons.

Crime has been around for hundreds of years in every country, during the times of ancient china, pre modern Europe, and colonial America. Throughout history there has been evolving forms of punishment, police reforms, and added rights for offenders and victims, different customs, ideals and economic conditions. Certain laws have changed over calendar years it can be to do with social control and order, for example owning and using a firearm (Gun laws), it has changed over time, society has decided to control and make order when it comes to firearms it is depended on local state and federal laws and licensing weather it is legal or illegal, whilst the public still wants to have a say and so works hard to lobby with or against the banning or regulations of firearms. Statistics show there is a high availability and or demand to purchase there is a popular interest for hunting, self protection etc therefore it is necessary.

The three main components of the system are one investigative, two adjudicative and three corrections. Police are front line dealing face to face with the public; they are the investigative arm of the CJS. Police need to be apprehending and adhering to the goals and methods of the CJS. The job is a political activity because it involves power. There are simple and more complex goals to for a policeman or woman the simple is to catch the offenders for committing a crime depending on the seriousness they can use discretion meaning the freedom to decide what should be done in a particular situation, but there are more complex goals such as preserving order and peace, protecting citizens and property.

All criminal justice law and related issues gets handled correctly by the right organization, it can prevent any tensions in the CJS, enforcing order it may mean a better world, it could mean the safety and wellbeing of a community or even one’s self.

To argue against then is to ask why we should not need a criminal justice system. The trends and tensions in the CJS may be enough to question why we need a CJS; other reasons may because of the standards and goals. There are many internal and external factors, these shape the system. The main tensions such as bigger vs. smaller, state vs. community, formal vs. informal, complex vs. simpler, expensive vs. cost effective, black letter justice vs. social justice, Anglo Australian vs. indigenous, public vs. private justice, lastly crime control vs. crime prevention.

Indigenous society’s in many communities do not like or are against the need to have a criminal justice system. Aboriginal people experience problems with respect to the CJS Part1V Aboriginal People and the Justice System. Ccja-acjp.ca. Retrieved December 14, 2011 from http://www.ccja-acjp.ca/en/abori4.html, the facts state that aboriginal accused are more likely to be denied bail, are more likely to be charged with multiple offences and often for crimes against the system, are not likely to have a lawyer present, plead guilty because they are intimidated by court and want to get the proceedings over with. According to the source the community values the desire for community harmony, avoidance of confrontation, respect for others and individual freedoms, believe in no concept of guilty/not guilty, and are reluctant to testify.

As a society we need a criminal justice system, it has traditional roots and proved worthy. It is interesting to look at larger populations where crime is much higher than in aboriginal community’s. Looking at bigger cities such as New York with a population of est. 8.008.278 million the statistics from NYS Crime Report. Criminaljustice.state.ny.us. Retrieved December 14, 2011, from http://criminaljustice.state.ny.us/crimnet/ojsa/NYSCrimeReport6mos9-13-11.pdf shows that from 2010-2011 the total number of crime rate has dropped -0.4% change, from 88.441 in 2010 to 88.055 in 2011 this is very positive because the figures are actually lower it is the outcomes of an effective and efficient Criminal justice system. Crime rate is lower and so the safety and well-being of the community and one’s self has been achieved.

At the time of birth and beginning to be brought up, the world can be a scary place, all being born individuals, and unique and with our own bodies and then later growing into adults with the help of education, experiences and the way we personally develop will help us understand what is right and what is not. We are taking the law into account every day so as that to stay safe and good law abiding citizens. Breaking the law means the person or persons has done wrong or continue to do wrong, many consequences could follow e.g., license’s suspension, disruption to family life, jail.

In conclusion having a criminal justice system means social control and social order. Sallmann and Willis from a well-used text book in the 1980s stated the goals of the system are, to punish the wrongdoing, to control crime by punishing offenders (and deter future offending), to reinforce social norms by making declaratory judgments about seriously unacceptable behavior. Although these goals are still widely used, a decade later Justice Kirby listed 3 goals himself, 1 the goals of the criminal justice system are to protect citizens, their corporations and community from uncongenial wrongs deliberately inflicted, 2 Protecting the young and otherwise vulnerable, and lastly 3 Upholding public peace from affront-causing disturbance.

To feel confident the performance of the CJS is measured along with any stems that come from it, basically to make sure everything is working correctly and fair. As time goes by many people begin to question the criminal justice system in the current century day, they can form a democracy, and would prefer to see a new type System but changing the ideals of such complicated system with its extensive strong roots is somewhat unrealistic to happen straightaway. The main role of the criminal justice system is to deter and investigate crime. The system needs to be strong and able to protect the human rights of accused and victims, the rich or poor, young or old. To conclude furthermore the system is very important to ending the worlds violence against each other, without a criminal justice system wrong doers would forever do wrong and there would be chaos, this is why (as a society) need a Criminal Justice System.

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