Criminal Justice System
Generally speaking, the Criminal Justice System is the body, in which public, private and local agencies involve in a process of crime investigation, discovering the relevant evidences, criminal apprehension, pressing charges and conducting the trials for passing appropriate sentences to felons. The major purpose of criminal justice system is to lessen the crime rate and increase security of the populace (Siegel & Senna, 2005). It also concentrates at rehabilitation of the victims and casualties of dissimilar crimes. Prosecutor, defense attorney, criminals and victims play the key role in the entire criminal justice system. This paper describes roles and functions of every individual in the criminal justice system and clarifies how victimization influences every role. This paper also speculates on the issue of goals of alternative sanctions and how these goals assist offenders in having better living when they come out of the prison.
The Adversary Justice System
The finest method to discover the truth, consistent with adversary pattern of criminal justice, is by having the advocate for prosecution and for defense. Every advocate has the accountability for presenting the facts from the partisan viewpoint. This system is presupposed to maximize the opportunities all the pertinent facts will be put before the fact-finder.
The crucial dissimilarity between the defense and prosecution is that a prosecutor plays the twofold role of administrative lawyer and administrative representative, whereas defense attorney acts mainly as the guardian of defendant's interests (Alito, 1998).
Prosecutor: prosecutor is the chief officially authorized representative of the prosecution in a court. The prosecution is the lawful party accountable for presenting the entire case in the court against the individual blamed of breaking any law (Alito, 1998). Prosecutors are usually the lawyers, who have law degree, and are treated as legal specialists by the court. They only become involved in the criminal case when the suspect has been discovered and charges have to be filed. They are frequently employed by office of the administration. Often, many offices exist in one country, particularly those countries with federal administrations where sovereignty has been transferred in some way.
Defense attorney: defense attorney or defense lawyer is the person specialized in the defense of people and also companies charged with some criminal behavior. The accountabilities of the defense attorney include the presentation of oral opinions and arguments in court, writing and researching lawful documents, evolving relationship with a client and proving his or her innocence as best as possible (Alito, 1998). These accountabilities are essential and demand a lot of legal proficiency and human sympathy. Regardless of the public opinion upon a client, the defense attorney has to uphold and struggle for the client's blamelessness. The defense attorney is a client's finest and single advocate.
Criminal and Victim: criminal is a person, who has committed the felony where a victim is an individual, who suffered from the unlawful actions of criminal. Generally, a crime victim is the person, to whom damage was done of who experienced emotional or physical loss as the outcome of the commission of an offence (Nahra, 2005). Crime victims are those individuals most directly influenced by crime. Even in the case if a criminal is never found, the individual who has been victimized should still be considered a casualty.
Criminal victimization is the frightening experience for many people. Unlike many usual life experiences, victimization is not expected and never welcomed. Victimization usually causes trauma and depending upon the degree of trauma a human being has already experienced in the lifetime, crime may be overwhelming. On the whole, victimization frequently influences humans on the emotional, psychological, physical, financial, and social level. Casualties of the crimes are also usually burdened by the difficulty of the criminal justice system (Nahra, 2005).
Traditionally, in the efficient administration of the criminal justice system, role of the casualty in criminal prosecutions has been crucial. Victim testimony frequently is the most significant aspect of the successful prosecution. Furthermore, a victim's collaboration in an investigation and prosecution results in a prosecutor's exercise of judgment in favor of criminal prosecution (Nahra, 2005). Prosecutors have wide discretion to capitalize on the cooperation with victims and expertise as they feel appropriate. Actually, any requirement prosecutors distance themselves from casualties - usually the most effective resources of data concerning a crime - cannot be sustained by public or constitutional policy deliberations. The fact that casualty’s cooperation and help may make it simpler for the prosecutor to exercise the accountabilities should be considered a positive aspect in the supervision of the criminal justice system (Nahra, 2005).
The Goals of Sentencing Associated with Every Role
Sentencing is, in fact, the responsibility of the court. However, the prosecutor has the role of helping the courts in making the decision of proper sentence by drawing the court’s attention with regard to the following aspects:
- Hearing to the casualty’s statements;
- Any aggravating or mitigating aspects disclosed by the prosecution case;
- Any statutory provisions, guideline cases that may help;
- Prosecutor may also offer own help to court by making submissions, in regard of the above factors, to make a decision concerning the sentencing range, in which offense falls;
- Prosecutor has to set out in writing mitigating and aggravating aspects when informing court of the case in sentence hearing in complex cases where there is a a chance of misunderstandings;
- The responsibilities such as applying for compensation and supplementary orders, for instance, anti social conduct orders lies with prosecutor;
- Prosecutor should challenge assertions made by defense in mitigation that is misleading or offensive;
- Prosecutors have to comply with attorney general’s guidelines in accepting pleas and prosecutor role in sentencing exercise;
- The defense attorney has to defend client’s rights through out the course of criminal hearing;
- To augment the incapacitation to lessen the crime degree. Increased incapacitation on selected offenders to make them lead the normal living after they are released from a prison;
- Rehabilitation of criminals helps them to recover from the imprisonment existence to lead usual life;
- Reformation of a criminal;
- Satisfying the casualty to taking steps to lessen the crime degree. Previously, criminals used to get punishments to calm victims but the imprisonment, today, is a broad term. Criminal Justice System has been taking steps to train criminals in such a way to lessen the crime degree.
Goals of Alternative Sanctions
From the community’s point of view:
To lessen the cost. Institutional treatment is far more expensive than many alternative sanctions.
Form government’s point of view:
- Alternative sanctions have to assist governmental in-charge to utilize all community facilities for rehabilitation;
- Cost reduction of administrative resources.
From felon’s point of view:
- To assist the criminal in leading the regular living as an incarceration dents a person’s reputation and moral values. It is extremely hard for any individual to rebuild the regular style of life immediately after he or she comes back from prison;
- To assist a criminal in getting a better opportunity to rehabilitate herself or himself;
- To avoid the course of prizonization (Reid, 1976);
- To assist a criminal in avoiding the shame of imprisonment;
- To develop intensive supervision probation;
- Arranging boot camps to evolve the positive and optimistic atmosphere;
- Employment counseling and help. This will assist a felon to learn certain skill set;
- Income maintenance help;
- Drug and alcohol counseling (Reid, 1976).
Recommendations Regarding Victim’s Rights
· It is extremely crucial to investigate an entity that has violated casualty’s rights.
·Creating the commonly available statewide automated casualty data notification approach will certainly enhance victim notifications.
· It is highly recommended to preserve the Internet site with toll-free number that might become the source for crucial data on casualty’s rights.
· Evolving the dissimilar awareness programs on casualty’s rights would also assist individuals in understanding victim’s legal and constitutional rights
· Evolve the media campaigns to augment the awareness of casualty’s rights
· Stop sharing the data of crime victim’s address or any other contact data without consent of a victim.
Criminal Justice system is the body that monitors any task related to felonies. Every individual member of the judicial system has certain role. Prosecutor, criminal, defense attorney, and victim are all accountable for handling during a trial. This paper has addressed the roles of the defense attorney, prosecutor, criminal, and casualty. Also, the aims of sentencing linked to every role, the aims of the alternative sanctions, and the recommendations concerning the casualty’s rights have been discussed.
Alternative sanctions will not merely assist felons but also administrations and communities. The administration may save funds by releasing offenders after training them to embrace employment skills, life skills and incapacitation. The criminals will learn to lead a good way of living after the prison sentence with the assistance of certain alternative sanctions. Victims’ rights have to be amended to embrace the dissimilar awareness programs.
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