The main parts of a criminal justice system can best be described as a discretionary model, because so many steps are taken from the stages of committing a crime to being prosecuted and possibly release from correctional institutions in the future. Each one of these steps have a serious deciding elements in them that play a role in the prosecution of a criminal. As stated in the text book “no two cases are alike, and no two defendants are alike,” (Barkan, 17). Because of the uniqueness of each case and the people involved in it a system must be put in place to insure that at every stage of the criminal justice system there is a set of questions and decisions that are being made effectively and properly. This insures both fairness and structure to what is …show more content…
The first step of the criminal justice system is the execution of a crime. A lot of variation can happen here, because some victims of crime do not report the crime immediately, or they do not realize they are a victim of crime until later. Also, some crimes may not have witnesses, which can lead to a crime not being reported as well. This is a great example to show why the discretionary model is so useful in the criminal justice system, because with so much variation in crime there needs to be a foundation laid down to guide the case in the right path. After the committing of a crime the law starts to get involved. One way or another a case will eventually land in the hands of the police. Police then can decide to investigate, arrest, or dismiss a case. After the police determine their investigation path they then have to decide if the information they have gathered is going to lead to the arrest of the criminal. If an arrest is made more steps follow for the criminal and his or her case. The prosecutor of the case
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In the article, Democracy and Criminal Justice in Cross-National Perspective: From Crime Control to Due Process, it argues that the criminal justice system has changed from using the crime control method to now using the due process method. In order to understand why this issue is important we must first know what the crime control and due process model are. The crime control model is simply a model that says an individual is responsible for themselves. It also protects the rights of law abiding citizens. The crime control model is set up for punishment.
The Australian police force is one of the most noticeable and influential agencies of social control within society. Because of this, the NSW Code of Practice signifies in attempting improving the liability of the NSW Police to the community it serves. The Code of Practice complements the NSW Police’s code of Conduct & Ethics by providing an ethical framework for police, by reinforcing the need for all officers to act with honesty and integrity. These codes are created upon members of the NSW Police acting in accordance to morals and values such as treating everyone with respect, courtesy and fairness and powers are applied correctly and sensibly. These ethics aim to improve the Police’s NSW Police Force Code of Practice as it requires officers to put good practice into place.
Mandatory minimum sentencing laws, which were introduced about three decades or so ago, allow judges to issue a minimum prison sentence at the discretion of the prosecutor, who determines the charges that are placed against a defendant. These laws, as outlined by the Criminal Justice Policy Foundation (n.d), limit the power of the judges to make a judgment on the punishment that can be given to a defendant. The meaning being that mandatory minimums transfer the power to give sentences from the judges to the prosecutors, a scenario that is worsened by the fact that some prosecutors misuse this power. As such, mandatory minimum sentences should be repealed, particularly for the gun and drug-based offenses. Mandatory Minimum Sentence Laws Foster Uncontrolled Prosecutorial Discretion Evils
To understand, what is "discretionary decision making" within the Criminal Courts, let me explain what is discretion. According to the textbook America 's Courts and The Criminal Justice System discretion is the lawful ability of an agent of government to exercise choice in making a decision. Now, "discretionary decisions in the criminal court process are made on the basis of legal judgements" (Neubauer & Fradella, p132). The "three major subcomponents are legal judgements, policy priorities, and personal philosophies" (Cole, 1970; Smith)". An example would be a prosecutor who refuses to file a criminal charge because in her legal judgement, the evidence is not enough to prove all the elements of the offense" (Neubauer & Fradella).
The conflict and consensus models reflect two opposite systems in criminal justice. In the conflict model, which works to protect individual rights, “justice is more of a product of conflicts among agencies where the component parts function primarily to serve their own interests”(Cronkhite, 2013, p. 202). Laws in this model reflect the beliefs of the interest groups with the most power and are “used primarily to control the behavior of the defective, dependent, and delinquent, the dangerous classes” (Hagan, 2009, p. 11).
To maintain order and control over the general public to oversee that the law is being upheld, the various branches of the system must function with these same goals with detailed tactics and regulations that each member of the system engages with. Law enforcement and the courts both operate as sectors of the criminal legal system factory by following their set operational procedures to follow through with their production goals. To produce their goods, in the form of legal maintenance and order over citizens' engagement with the law, the branches of the criminal legal system exert the power provided to them through the language they are instructed to use in their operating procedures, just a factory would have set regulations to operate its machinery. The criminal legal system currently functions as a factory producing control over the general population, and while effective at its desired duties, at some point the factory must be critically evaluated to determine whether its standard operating practices are in place for the safety of the people, or for the power of the factory
While most of the unlawful conviction cases have been widely publicized, the general public remains alert and skeptical on how to properly address this new wave of challenges in our criminal justice system as a by-product of police brutality, junk science, eyewitness misidentification and much more. Limited policy adjustments have been implemented in the existing framework of conducting legal proceeding to indict criminal behaviors, nor have it provided adequate opportunities and resources for victims that fall under the wrongfully acquitted category. Current regulations for have strengths and flaws, which will be disclosed in this research. Exoneration, the contemporary legal approval from the judge and the court that indicates a defender
It allows for cross-examination of evidence presented between the prosecution and defence (adversaries). Although judges when dealing with criminal matters act as independent third parties that simply make a judgement on evidence presented, they still have the ability to enact their own judicial discretion. This refers to the ability for a judge or magistrate to make a decision based upon a range of possibilities on the particular circumstances of a case. In essence, the judge takes into account the mitigating and aggravating factors that can explain or increase respectively the severity of an offence. However much this may allow for alleged offenders to be fairly treated in the trial process, it can be questioned on whether this aspect of the legal system aids in socially preventing crime in contrast to the situational prevention that comes with punishing offenders.
“After an individual has been accused of a crime, the process generally moves to the courts” (ic.galegroup.com). In ic.galegroup.com, if there is evidence to be presented against the criminal to get indicted, a list of charges against the accused will be given. There are cases that justice was served unfairly. Sadly there are many who are imprisoned for illegal activity they did not carry out. Also, people are punished harshly for doing something very minor where no one or anything was hurt, stolen or broken.
Discretion is an official action taken by a police officer or any other agent of criminal justice in whereby they use their individual judgement to decide the course of action suitable for an occurring incident. In criminal justice, an officer considers the totality of circumstances before reaching on a decision to either take legal action or not against an individual. And to what extend the and kind of action will be take (Griffiths, 2013: 122), for instance; warning or arresting the individual. Furthermore, discretion is the privilege or permission granted to officers to use their own judgement to make practical decisions. However there are also attached constraints to this.
For example, law enforcement officers, attorneys, correction officers, or even judges can be faced with discretionary decision making when it comes to the criminal justice process. This process will begin with having to arrest by the law enforcement officer who is in the field. As the case is officially forwarded to the attorney, multifarious avenues of discretionary decisions will be available to resolve a case or cases. When it comes to officers, they must use discretion when it comes down to deciding to enforce the law when situations arise. As an example, unclear laws or moral standards can cause an officer to have an alternate resolution when it comes to the problem.
Discretion on every level of the criminal process is important. Depending upon how an officer handles a traffic stop could end an arrest or how a prosecutor will prosecute any defend it can depend on whether or not the individuals will spend a significant amount of time in jail. The amount of bail set, evidence, and even probation can all be at the discretion of the Judge and also the prosecutors. These are all discussed in Judicial Discretion In The Common Law Courts an article in the Washington and Lee Law Review. Each of these plays a vital role in determining the outcome of a case put before a judge.
Prison population rates are the outcome of a complex interplay of factors, both external, intermediate and internal to the criminal justice system (Snacken, Beyens & Tubex, 1995). Penologists have for instance studied the influence on prison populations of economic and political systems (Lappi-Seppälä, 2011; Cavadino & Dignan, 2006), media coverage (Green, 2008), [eventueel aanvullen met andere studies naar externe/intermediaire factoren]. With regard to the internal factors – “attitudes and decisions made within the criminal justice system” (Snacken, 2007: 172) –, there is a need to study decision-making practices throughout all different phases of the criminal justice system. Bushway & Forst (2013), for instance, acknowledge this necessity,
When puzzling over the Criminal Justice System, i believe regarding three major establishments that method a case from origination, through trial, to penalty. A case begins with the police, they 're in charge of one thing, WHO raisecountless queries about/try to search out the reality a couple of crime and gather events or objects that prove one thing to spot and use against the assumed criminal. The case continues with the court system, that weighs the events or objects that prove one thing to decide/figure out if the person (who is being sued or WHO was sued) is guilty on the far side an affordable doubt. If so, the corrections system can use the means that at their disposal, specifically jailing and probation, to penalize and proper the behavior of the wrongdoer. Throughout every stage of the method, (agreeing with, or associated with, the Constitution) protections exist to create positive that the rights of the person and
In the criminal justice system, there are three major components. They are the police, the courts, and the corrections. Each one of the components has a role to play in the system. The police are in charge of arresting and investigating crimes. The courts are charged with the responsibility of punishing offenders while the corrections implement the court rulings.