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The Criminal law system - Essay Example

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The Criminal law system

This means that even those who enact laws or promulgate policies are not exempt from the objective purpose of the law-that anyone who commits any crime or aggression must be brought before the courts of justice and be given fair and impartial trial according to non-arbitrary legal procedures.
Justice, in the strictest essence of the word, means that all men are equal under the aegis of the law and have the opportunity to develop and to achieve free from state compulsion and threats and intimidation of others. If a person's right is violated and that the law penalizes such violation committed by another, the state may step in to protect the rights of the aggrieved and penalize the aggressor. This, in effect, is the role of criminal justice system
There are main major components of criminal justice system. These are the following-1) the existence of law enforcement; 2) the establishment of courts of justice; 3) and the existence of clear objective penalties. These components must be in accordance with the rule of law so that government agencies and institutions tasked with the protection of criminal justice system must act in accordance with the provisions of the Constitution, that the courts' duty is to secure the accessibility of justice to all individuals, and that penalties must be fair, non-arbitrary, never excessive, and be meted out only to the guilty.
In free and democratic countries like the United States, criminal justice system is defined by laws and policies promulgated by the state through the legislative branch. One of the mechanisms to strengthen criminal justice system is the President's Commission on Law enforcement and Administration of Justice issued in 1967 whose purpose is to prevent and combat crime (McCord, 1997).
Every country in the world has its own criminal justice system. This is because sound and efficient criminal justice system will guarantee peace and orderly society, as well as the economic progress and political maturity of a nation. There is an undeniable connection between effective criminal justice policy and good governance, the same way that there is symbiotic relationship between the first and economic development of a nation.
Corruption
One of the aspects that largely undermine criminal justice system is the practice of corruption, which is a criminal offense since it is perpetrated to defraud the government and the taxpayers. Though generally committed by government officials, private individuals, particularly those who enter into contracts with the government, may also perpetrate corruption. There are manifold forms or facets of corruption, a dim reality that makes it hard to detect and deter. This is the reason why the government must establish effective mechanisms, as well as institutions and agencies, designed to detect graft and corrupt practices and to punish perpetrators. The clever schemes of corrupt individuals, both public and private, including their illegal activities and practices, must be detected and deterred by anti-corruption government agencies in order to discourage impunity and deter future crimes.
Based on the report of Transparency International (2007), corrupt practices constitute of the "abuse of entrusted power for private gain." The intent of the ...Show more

Summary

Without justice there can be no just, safe and progressive society. It is an indispensable function of a government to promote justice and defend the freedoms of its citizens. In protecting the rights of the people, a government has to institute and strengthen its systems and institutions designed to prevent and mitigate crimes, maintain social control and ensure peace and order…
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The Criminal law system essay example
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