Components of Criminal Justice - Essay Example

? Criminal Justice Submitted Submitted by: Module Q The researches reveal the very fact that the term justice could notcapture the attention of the Americans for a long time; it is therefore, it was neither demanded during the struggle for the independence in 18th century, nor did any politician laid stress upon the implementation and enforcement of the same. On the contrary, justice actually did not prevail in the US society till the first half of twentieth century even. Consequently, “justice” was used to be observed keeping in view the race, ethnicity, religion, origin and sexual orientation of both the complainant and the accused. The notion justice, according to Rawls (1971), could not obtain place in the Declaration of Independence; nor did it earn popularity in the US Constitution. It was not the cornerstone of the abolitionist movement, the Civil War, the women's suffrage movement, or the civil rights movement. However, the US judicial system, like all civilized societies, appears to be determined to protect the US citizens from any harm and hurt caused at the hands of the criminals and offenders in one way or the other. Consequently, it aims to control criminal activities by introducing and enforcing the standard of conduct applicable on all American citizens without discrimination. Being the torch-bearer of human rights, the US law vehemently supports justice and equality and seriously condemns any act that may challenge the word of law by attacking or harming others through words or action or both. However, it does not imposes bar or restrictions on non-observing of moral values, and allows any type of activities provided these do not damage the rights of the victim. The misconception of preferring the whites on other races while providing justice is actually the outcome of the theory that some specific crimes have unanimously attributed to some particular ethno-racial groups; as Shaw & McKay are of the view that since all social norms, mores, values, cultural traits and life patterns are transferred to the future generations, criminal activities are also transmitted by the individuals belonging to one specific region to their next generation. It is why people are aware of some specific form of crimes to be committed against them. (Akers, 2009) Somehow, an accused is, according to US judicial system, is innocent until he is proven guilty. For this, he is provided with the facility of complete legal representation, due judicial process and trial at the court of law in order to prove his innocence. Q 2: Components of Criminal Justice: Theorists define five components of the US criminal justice system, which include enforcement of law, prosecution procedure, defense attorneys, courts and corrections. (Hagan, 1977) By closely investing the components, it becomes evident that all the five are well-knitted with one another in such a forceful manner that no component could be viewed as separate from the remaining four ones. For instance, enforcement of law regulates the activities of the individuals, and on finding any deviation from the statutes of prevailing law, it orders for the immediate arrest of the accused on the basis of the complain made by the victim or witness of the offence. The police, in the light of the criminal justice system, report the same to the judicial magistrate or any competent authority, which decrees order for the prosecution procedure of the offence committed and complained. The prosecution examines the accused at the court of law, and tries to investigate the validity of the statement made by the complainant. Somehow, the accused is also provided the opportunity to defend himself through attorney, which enters into cross-examination with the complainant in order to verify the circumstances that led towards the committing of the crime under prosecution. Since courts have been established for hearing the cases, all the prosecution is performed at the crime court of law, which takes oaths, appoints staff, determines evidence and holds the entire legal procedure to convict or release the accused. Similarly, correction officers are also appointed by the court in order to supervise the convicted offenders during their conviction in prison, or in the community on probation or parole. Hence, all these components make the entire criminal justice system. Q 3: It is reality beyond suspicion that the members of law enforcement agencies certainly belong to one community or the other; the same is the case with the complainants/victims and the accused/offenders. The law enforcing agencies not only keep the ethno-racial, religious background and sexual orientation of the parties, but also cases are lodged and presented in the light of the population that is in majority in the area. Almost same is the case with the US judiciary, which is aptly blamed for displaying partiality in favor of the whites and against the non-whites. Here it appears the conflict between the components of justice system. One the one side the prosecution tries the offender at the court of law, and is determined to convict him; and on the other side, the system is supporting him by providing him unnecessary chances of proving his purported innocence by producing evidence, either true or false, just to ensure his release. (Vedder et al. 1976) The same is the situation in Corrections, where the correction officer, which allows the offender to join his community on the basis of probation or parole. Since an offender is criminal and thus dangerous for the peace and stability of his social establishment, setting offenders free is just equivalent to inviting the disorder in society. Thus, the components above-mentioned contradict and conflict with one another in many ways in their nature and scope. Q 4: The theorists have defined two major models of criminal justice system i.e. Crime Control Model and Due Process Model; both of which contradict with one another in nature and scope. Crime control model lays stress upon the repression and crushing of criminal activities under the chariot wheels of justice, so that such acts of offence could not be repeated in future. On the contrary, Due Process Model looks for the free and fair trail of the accused at the court of law in order to renounce unfair charges and allegations on the innocent individuals for the future days to come. Similarly, Crime Control Model aims to protect the victims’ rights rather displaying leniency towards the culprit. Since the culprit has not only hurt the victim, but has also broken the prevailing law, so why should he be protected in a respectable manner that is attributed to the poor victim of crime. However, Due Process Model demands for the protection of the offender’s rights in the light of the famous Bill of Rights that instructs regarding the protection of the culprit. The Crime Control Model urges for the immediate providing of justice on the basis of prosecution at the court of law; on the contrary, Due Process Model advocates for providing complete and unconditional chances of proving his innocence rather than haphazard trials that may ruin the very objective of justice. By critically examining both the models discussed-above, it becomes crystal clear that both of them maintain validity and carry weight as well for the successful providing of justice. However, since the offence and breaking of law has been given a go by the accused, the protection and sympathies of the justice system must be in favor of the victim in order to discourage the repetition of the same in society. Consequently, Crime Control Model is more effective one in its nature and scope. References Akers, Ronald L. (2009) Social Learning & Social Structure: A General Theory of Crime and Deviance Transaction Publishers Rawls, John (1971) A Theory of Justice Cambridge University Press Hagan, Frank, E. (2008) Criminology Sage Publications National Center for Victims of Crime (2008) The Criminal Justice System: What Is It? Retrieved from http://www.ncvc.org/ncvc/AGP.Net/Components/documentViewer/Download.aspxnz?DocumentID=45713 Stickels, John W. (2008) The Victim Satisfaction Model of the Criminal Justice System Volume 2, Issue 1 Retrieved from http://www.scientificjournals.org/journals2008/articles/1370.pdf Vedder, Clyde B., Koenig, Samuel., & Clark, Robert E. (1976) Criminology. Holt, Rinehart & Winston New York. Read More