Criminal Justice System Case Study

GROUP 2

CJS2202 CRIMINAL PROCEDURE

What is the criminal justice system?

The criminal justice system is the set of agencies and processes established by governments to control crime and impose penalties on those who violate laws. There is no single criminal justice system in the World but rather many similar, individual systems. How the criminal justice system works in each area depends on the jurisdiction that is in charge: city, county, state, federal or tribal government or military installation. Different jurisdictions have different laws, agencies, and ways of managing criminal justice processes. The main systems are:

•State: State criminal justice systems handle crimes committed within their state boundaries.

•Federal: The federal

Due process of law is regarded as the most appropriate way to attain justice. Violation of procedure leads to exclusion of evidence in the court. Secondly the position of the court is regarded as that of an arbiter. Both parties contest in the court of law and argue out there cases with facts. The court is to see whether re he parties involved argue the game being played before it is fair and conducive to justice or not. The representation of lawyer from both sides is obligatory, the accused has right to silence. He need not give evidence from his side. Prosecution must prove the guilt beyond reasonable doubt lastly the accused may claim benefit of doubt Individual 's right to privacy is best preserved under it.

Its demerits is that the accused does not help the police during investigations hence the prosecutor has the mandate to look for evidence to submit in the court hence the police must work on his own strength against the accused. Too much insistence upon procedure some time may lead to acquittal of the accused and impunity on the offence. The judge in the court as an umpire is a misleading conception since one only judges according to the evidence submitted in court.

Minor error in the procedure is ignored, if the purpose of justice is solved. Procedure is not held vital, ultimate justice is regarded as the goal. All the component of criminal justice system, i.e. the police, the prosecutor, the defense lawyer, the court and the accused must help to secure justice. So, the accused has no right to silence. Any distortion of evidence, dubious practice followed by the accused or by the lawyers can be easily detected with the effort of the court. Its demerits are Participation of the court in the inquisition of the case may lead it to biased attitude for example if one is involved closely with the issue being dealt with or a person close one will tend to push the case to the limit. Right to privacy of the accused is denied and that the accused is exposed to express everything which he need not express keeping in view of the merit of the case. The prosecutor or the police having separate law to deal with their conduct may misuse their power and is likely to exceed their authority, which they are not entitled to. Supremacy of law and equal treatment of the law for all segments of the society is not entertained. (C, 1996)

After a close analysis of the inquisitorial and adversarial system of justice l came to the conclusion that the systems have provided an interesting comparative insights. Those attempts reveal important contemporary goals of criminal procedure.