Tuesday, July 10, 2012

Criminal Justice System


Criminal Justice System is a body, in which local, public and private agencies involve in the process of crime investigation, gathering of relevant evidences, criminal apprehension, pressing charges and conducting trials for passing applicable sentences to criminals (Siegel and Senna, 2005).  . The main aim criminal justice system is to reduce crime and increase security of the public. It also focuses at rehabilitation of the victims. Prosecutor, Defense Attorney, Criminals and Victims play a major role in criminal justice system. This paper describes roles and functions of each individual in the criminal justice system and explains how victimization affects each role. This paper also elaborates on goals of alternative sanctions and how these goals help offenders to lead better life when they come out of prison sentence.

Prosecutor
Prosecutor is the chief legal representative of the prosecution in the court. The prosecution is the legal party responsible for presenting a case in the court against a person accused of breaking law.

Defense Attorney
Defense Attorney or defense lawyer is the one specialized in the defense of individuals and companies charged with criminal conduct.

Criminal & Victim
Criminal is an individual who has committed the crime where as a victim is a person, who suffered from the illegal activities of criminal.

What are the goals of sentencing associated with each role?
·         Sentencing is the duty of the court, but prosecutor has the role of assisting the courts in making its decision of appropriate sentence by drawing the court’s attention with regard to the following factors:              
·         Hearing to the victims personal statements
·         Any mitigating or aggravating factors disclosed by the prosecution case
·         Any statutory provisions, guideline cases which may assist
·         Prosecutor can also offer assistance to court by making submissions, in regard of the above factors, to decide the sentencing range in which the offense falls.
·         Prosecutor must set out in writing aggravating and mitigating factors when informing court of the case in sentence hearing in complex cases where there is a possibility of misunderstandings.
·         The duties such as applying for compensation and ancillary orders such as anti social behavior orders lies with the prosecutor.
·         Prosecutor should challenge assertions made by defense in mitigation which is misleading or derogatory.
·         Prosecutors must comply with Attorney general’s guidelines in accepting the pleas and prosecutor role in sentencing exercise.
·         A defense attorney should protect client’s rights through out the process of criminal prosecution
·         To increase the incapacitation to reduce the crime rate. Increased incapacitation on selected offenders to make them lead their normal life after they released from imprisonment.
·         Rehabilitation of offenders helps them to recover from the imprisonment life to lead regular life.
·         Reformation of offender
·         Satisfying the victim to taking steps to reduce the crime rates. In olden days, offenders used to get punishments to pacify victims but the imprisonment, nowadays, is a broad term. Criminal Justice System has been taking steps to train offenders in such a way to reduce the crime rates.

Goals of alternative sanctions
Form Government’s standpoint
·         Alternative sanctions should help governmental in-charge to use all community facilities for rehabilitation
·         Cost reduction of government resources (Stephan 2001). 

From Criminal’s Standpoint
·         To help offender to lead his or her regular life as an imprisonment dents an individual’s reputation and moral values. It is very difficult for a person to rebuild his regular lifestyle immediately after he comes back from imprisonment.
·         To help offender to get a better change to rehabilitate himself or herself.
·         To avoid process of prisonisation (Reid 1976, p. 592)
·         To help offender avoiding the shame of prison sentence
·         To create Intensive Supervision Probation
·         Organizing Boot Camps to create positive environment
·         Employment Counseling and Assistance. This will help offender to learn a specific skill set.
·         Income maintenance assistance
·         Drug and Alcohol Counseling

From Community’s Standpoint
·         To reduce the cost. Institutional treatment is much expensive than alternative sanctions

Recommendations regarding Victims Rights
·         It is very important to investigate an entity, which has violated victim’s rights.
·         Establishing a universally accessible statewide automated victim information notification system will definitely improve victim notifications.
·         It is advisable to maintain a website with toll-free number, which might become the sources for information on victim’s rights.
·         Creating awareness programs on victim rights would also help people to understand victim’s statutory and constitutional rights
·         Create media campaigns to increase the awareness of victims’ rights
·         Stop sharing the information of crime victim’s address or any other contact information without approval of victim (Lubitz and Ross2001).

Conclusion
Criminal Justice system is a body, which monitors any task related to crimes. Alternative sanctions will not only help offenders but also governments and communities. Government can save money by releasing criminals after training them to embrace life skills, employment skills and incapacitation. Offenders will learn to lead a good life after the prison sentence with the help of alternative sanctions. Victims’ Rights should be amended to include various awareness programs.



References
Lubitz, R.L., & Ross, T.W. (2001). Sentencing guidelines: Reflections on the Future. National Institute of Justice. Retrieved January 17, 2012, from <http://www.ncjrs.org/txtfiles1/nij/186480.txt>
Reid, S. T. (1976). Crime and Criminology, Dryden Press, Hinsdale, Illinois, p. 623.
Siegel, L.J., & Senna, J.J. (2005).  Introduction to criminal justice: Tenth edition. Belmont, California: Thomson Wadsworth.
Stephan, James (2001).  State Prison Expenditures, 2001. Office of Justice Programs, United States. Dept. of Justice. Retrieved  January 17, 2012 from <http://www.ojp.usdoj.gov/bjs/pub/pdf/spe01.pdf>

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