Criminal Justice System - Essay Example

Criminal Justice System School Criminal Justice System 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. Every government has the necessary role in enacting effective laws to deter crimes and penalize violators according to the established justice system and objective legal procedures. "No one is above the law"-this is the creed that is adopted by nations claiming to be democratic and free. 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. Its purpose and components 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 perpetration who commits corrupt practices is to accumulate private wealth for his private gain, an act that not only constitute contempt of established laws, but also an act that defrauds taxpayers of their money. This is the reason why it is crucially important for governments to adopt laws that would curb and deter corrupt practices in order to maintain and promote a just and orderly society. If people in the government are the very aggressors of the law designed to promote social justice, then it would be hard or even impossible to run after the perpetrators in high places who try their very best to ensure that the long hand of the law and the wheel of justice are effectively mangled and derailed. In this case, a nation would be deprived of natural economic progress and the people denied of a bright and progressive future. Corrupt practices and its derivatives are a clear affront to social justice (Gray and Kaufmann, 1998, p.7). Many third world countries are poor because of corruption and because of the sheer lack of criminal justice mechanism to combat corruption and jail its many perpetrators who usually occupy high-ranking government positions. Most countries like North Korea, Myanmar, Laos, Bangladesh, Kenya, among many others are hundreds of years beyond industrialized countries in terms of economic growth simply because of one common denominator-their government officials arrogate state power unto themselves and have no intention to adopt sound and effective criminal justice mechanisms. These countries deserve their fate, so to speak, because their leaders are not simply incompetent but also corrupt, while their people could not just muster the strength and courage to fight for their rights and freedoms. Judicial system A weak justice system mangled by systemic corruption has an immense negative impact on public order, economy and the lives of the people. In its Global Corruption Report 2007: Corruption in Judicial System, Transparency International (2007) concluded that "corruption is undermining justice in many parts of the world," depriving the people of their individual rights duly guaranteed by the constitution and their right to "a fair and impartial trial". Transparency International in its eye-opening report stressed that corruption in judiciary is one of the main problems in the world today, and warned that unless this concern is properly addressed graft and corrupt practices may cause strings of crises such as the disability of the international community to engage in transnational crime and terrorism, poor trade and economic growth, sluggish human development, and the denial of the people of fair justice system (Transparency International, 2007). An independent judiciary is the only way to a sound justice system, which is one of the greatest developments in the modern world. There are two most important and indispensable functions of the judiciary- 1.) Constitutional review and 2.) Judicial independence. The first is expressly stated in the Constitution of the United States, which is the first in the world that put much importance on the sanctity of individual rights. The second is the guarantee that justice and the rule of law are faithfully served. Crimes and other kinds of illegal acts can be committed anywhere and anytime. While crimes are rampant in the unholiest of places and in ungodly hours, they can also be committed in the most sacred of places like churches, convents and seminaries, as well as in the most solemn corridors of powers like Washington, D.C., Moscow, and England. There is an imperative role of judicial system in curbing not simply corruption but also all kinds of crime that can be committed not only against the state but also against all individuals of all economic levels. The role of courts The judiciary, which is one of the most important constitutional creations, is empowered to protect every individual against the abuses and excesses of the government, including those of private individuals, to uphold the rule of law and to observe faithful obedience to the goals of the court. Without the judiciary there can be no civilized state and sound and effective criminal justice system. Without a functional judiciary a state cannot exist, this is because a territory that has no established laws and justice system will not produce a productive and conscientious society. It is the same as that conventional wisdom that just and productive people will not exist in a corrupt society and that corrupt people will not exist in a just society. The powers granted to the judiciary have concomitant duties. Since judges and justices are vested with power to determine the rights of individuals who seek redress from the court of justice, their duty is to make an impartial and fair decision. Bribery, corruption and other crimes should have no place in any court of justice because what is at stake here is not just the right of a certain individual but also his life, liberty or property. In the United States, America's founding fathers envisioned that the protection of individual rights enumerated in the bill of rights is now in the hands of people in the judiciary. That is why there are sets of codes of conduct and disciplinary measures that await erring members of the bar and of the bench in case they breach their canons and constitutional duties. The Code of Conduct for U.S. Judges enumerated only seven yet broad measures by which all judges must follow. Thus, every individual, public or private, has the duty to help in crime prevention efforts and in upholding established criminal justice system. According to Sherman, Farrington, Welsh, & Mackenzie (2002), it is the duty of several "institutional settings" to practice crime prevention and support criminal justice system. This is the reason why a number of crime prevention programs now find their way in crucial government agencies and state policies. Because of today's rampant cases of crimes, government agencies now utilized technology to detect crimes and to catch perpetrators. There are now novel technologies and high-tech equipment and instrument that are instrumental in the police work like surveillance apparatuses, exclusive software that can be used to track or detect criminals and crime syndicates. Strengthening criminal justice system Fortifying a nation's criminal justice system will not be an easy task. It takes time and political will of those in power to combat crime and efface the evil face of corruption through sound and effective criminal justice system. The three components of criminal justice policy-enforcement, courts and punishment or corrections must work together to achieve a common goal-to fight crimes and restore or maintain peace and order. In the area of enforcement, government agencies or institutions that are tasked with crime prevention and investigation must be equipped with modern artillery, as well as the most effective crime-prevention mechanisms. Without effective crime prevention programs, agencies cannot function well. In this age of cyber technology, crime-prevention personnel of the government must know how to utilize computer technology to the advantage of the government over individual perpetrators and crime syndicates. On the other hand, the judiciary must remain an independent branch of the government to better perform its function away from political interference and intimidation of those in political or economic power. Thus, criminal justice system requires the interdependence of the three main government branches-the executive, the legislative and the judiciary-and all crucial government agencies and institutions in achieving its purpose, but demand their independence to better perform their functions. References: Gray, C. & Kaufmann, D. (1998). Corruption and Development. Finance and Development, p. 7-10. Retrieved on May 10, 2009, from McCord, J. (1997). Violence and Childhood in the Inner City. Massachusetts: Cambridge University Transparency International (2007). "Global Corruption Report 2007." Transparency International. Retrieved May 10, 2009, from Sherman, L., Farrington, D. Welsh, B. & Mackenzie, D. (2002). Evidence-Based Crime Prevention. London: Routledge Read More