Criminal justice is the delivery of justice for those who have committed crimes. The criminal justice system is a series of government agencies and institutions whose purpose is to identify and arrest lawbreakers and to inflict punishment on them. Other objectives include rehabilitating offenders, preventing other crimes, and moral support for victims. The main institutions of the criminal justice system are police, prosecutors and defense lawyers, courts and prisons.
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Hukum
Hukum Dari Bahasa Inggris Kuno lagu (sesuatu yang ditetapkan atau diperbaiki) ( Harper, Douglas. "Hukum". Kamus Etimologi Online . < span> Â ); legal berasal dari bahasa Latin legalis , dari lex "hukum," "undang-undang" ( Harper, Douglas. "legal". Kamus Etimologi Online . Â ) adalah sistem aturan yang biasanya diberlakukan melalui serangkaian institusi. Tujuan hukum adalah untuk menyediakan seperangkat aturan obyektif untuk mengatur perilaku dan menjaga ketertiban dalam masyarakat.
The oldest known law code is the Code of Hammurabi, dating from 1754 BC. The preface directly credits the law to the hammurabi code of Ur. In many parts of the world, the law can be established by philosophers or religions. In the modern world, laws are usually created and enforced by the government. These modified laws may coexist with or contravene other forms of social control, such as religious bans, professional rules and ethics, or cultural customs and community customs.
In the domains of codified law, there are generally two forms of law considered by the courts. Civil law is the rules and regulations governing transactions and complaints among citizens. Criminal law deals with acts that are harmful or harmful to society as a whole, where prosecutions are pursued not by individuals but by the state. The purpose of the criminal law is to provide a specific definition of what constitutes a crime and prescribe a penalty for committing such a crime. There is no valid penal law unless it covers both of these factors. The subject of criminal justice, of course, is primarily concerned with criminal law enforcement.
Maps Criminal justice
The criminal justice system
Definition
The criminal justice system consists of three main parts:
- Law enforcement agencies, usually police
- Court and attorney and attorney and accompanying advocacy
- Agents to detain and supervise offenders, such as prisons and trial agents.
In the criminal justice system, these different agencies operate together under the rule of law and as the primary means of maintaining the rule of law within society.
For the purposes of Section 8 (6) of the 1995 Criminal Appeals Act and section 194A (6) of the Criminal Procedure Code (Scotland) 1995, the criminal justice system includes, in particular, investigations of violations and treatment of offenders.
Branch criminal justice system
There are three branches of the criminal justice system.
1.) The first is the police/Law enforcers, the law enforcement branch enforces the law in their state, region, or assigned jurisdiction. The primary purpose of law enforcement officials is to enforce state, state or local laws. Definition of Law Enforcement: Law enforcement describes individuals and institutions responsible for enforcing the law and maintaining public order and public safety. Law enforcement including crime prevention, detection and investigation, and the arrest and detention of individuals suspected of violating the law.
2.) Courts (government agencies authorized to resolve legal disputes) uphold the law by preventing it from spoiling in the future. When an individual is demanded by law enforcement, it is the duty of the court to determine whether the allegation is justified and if so, determine the appropriate penalty.
3.) The third branch of the criminal justice system is correction. The duties of the prison branch are to ensure that the sentence or in some cases of rehabilitation is seen to the end of the sentence prescribed by the judge (court). Definition of correction: The institutional correction refers to persons placed in a secure prison facility. There are many types of correctional facilities operated by various government entities. Local prisons are operated by local or municipal governments, and usually detain offenders for short periods ranging from one day to a year.
Law enforcement
The first contact the defendant has with the criminal justice system is usually with the police (or law enforcement ) investigating alleged mistakes and making arrests, but if the suspect is harmful to the whole nation, national law enforcement agencies are called. When justified, law enforcement agencies or police officers are empowered to use force and other forms of legal coercion and means to influence public and social order. This term is most often associated with a state police department authorized to exercise the state police power within a particular area of ​​legal or territorial responsibility. This word is derived from the Latin politia ("civil administration"), derived from the Ancient Greek ?????, for the policy ("city"). The first police force comparable to the police is currently established in 1667 under King Louis XIV in France, although modern police usually trace their origins to the 1800s of the formation of Marines Police in London, Glasgow Police, and Napoleon Paris police.
Police are particularly concerned with maintaining peace and enforcing criminal law based on their particular mission and jurisdiction. Formed in 1908, the Federal Bureau of Investigation began as an entity that could investigate and enforce certain federal laws as an investigative and "law enforcement" agency in the United States; This, however, is only a small part of the overall police activity. Policing has included a series of activities in different contexts, but most of all with regard to order maintenance and service provision. During modern times, such efforts contribute to the fulfillment of a common mission among law enforcement organizations in relation to traditional policing missions to prevent crime and maintain community order.
Court
The court functions as a place where disputes are resolved and justice is managed. With regard to criminal justice, there are a number of critical people in every court setting. These critical people are called the working group of the courtroom and include professional and non-professional individuals. This includes judges, prosecutors, and defense lawyers. The judge, or judge, is a person, elected or appointed, who is knowledgeable in law, and whose function is to objectively regulate the legal process and offer the final decision to dispose of the case.
In the US and in many countries, guilty or innocent (though in the US, the jury can never find the defendant "innocent" but "innocent") decided through a hostile system. In this system, two parties will offer a version of their event and debate their case before the court (sometimes before a judge or panel of judges, sometimes in front of a jury). This case must be decided to support the party that offers the most healthy and convincing argument based on the law applied to the facts of the case.
The prosecutor, or the district attorney, is a lawyer who filed a lawsuit against a person, a company person or entity. It is the duty of the prosecutor to explain to the court what crime is being committed and to specify what evidence has been found against the defendant. The prosecutor should not be confused with the plaintiff's or plaintiff's advice. Although both serve the function of bringing a complaint before the court, the prosecutor is a state servant who makes accusations on behalf of the state in criminal proceedings, while the plaintiff is the complaining party in the civil process.
A defense lawyer advises the defendant on the legal process, the likely outcome for the defendant and suggests a strategy. The defendant, not the lawyer, has the right to make the final decision on a number of basic points, including whether to testify, and to accept a plea bargain or demand a jury trial in appropriate cases. It is the defense lawyer's job to represent the client's interests, raise the procedural and proof issues, and hold the prosecutor at his expense to prove mistakes without a doubt. The defense may challenge the evidence presented by the prosecutor or present evidence that frees and debates on behalf of their client. In the hearing, defense lawyers may try to offer a rebuttal to the prosecutor's allegations.
In the US, the defendant is entitled to a defense lawyer who is paid by the government if he risks losing his life and/or his freedom. Those who can not afford private lawyers can be given one by the state. However, historically, the right to defense lawyers is not always universal. For example, at Tudor, the British criminals who were accused of treason were not allowed to make arguments in their defense. In many jurisdictions, there is no right to a designated lawyer, if the defendant is not in danger of losing his freedom.
The final determination of guilt or innocence is usually done by a third party, who should not be interested. This function may be performed by a judge, a panel of judges, or a panel of judges consisting of an unbiased citizen. This process varies depending on the laws of certain jurisdictions. In some places panels (be it judges or juries) are required to issue a unanimous decision, while in other countries only a majority vote is required. In America, this process depends on the state, the court level, and even the agreement between the claimant and the defending party. Some countries do not use juries at all, or rely on theological or military authorities to issue judgments.
Some cases can be removed without trial. In fact, most are. If the defendant pleads guilty, a shorter process may be used and an assessment may be given sooner. Some countries, such as the United States, allow bargaining where the defendant pleads guilty, nolo competes or is innocent, and can accept a diversionary program or reduce punishment, where prosecution cases are weak or in exchange for cooperation of the defendant against other persons. This reduced sentence is sometimes a reward for freeing the country from the cost of a formal court. Many countries do not allow the use of bargain pleadings, believing that it forces innocent people to plead guilty in an attempt to avoid harsh punishment.
The entire trial process, whatever the country, is full of problems and is subject to criticism. Bias and discrimination form an ever-present threat to objective decisions. Any prejudice from lawyers, judges or jurors threatens to destroy the credibility of the courts. Some argue that the Byzantine rule that often governs behavior and litigation limits the ability of ordinary people to participate, essentially reducing the legal process for fighting between lawyers. In this case, the criticism is that the decision is based on less and more justice on the eloquence and charisma of lawyers. This is a special issue when lawyers perform in substandard ways. The jury process is another area that is often criticized, as there are several mechanisms to guard against poor judgment or incompetence on the part of a lay judge. Judges themselves are very subject to the usual things like the time since their last rest.
The manipulation of the court system by defense lawyers and prosecutors, law enforcement and defendants has occurred and there have been cases where justice has been rejected.
Corrections and rehabilitation
The offender is then handed over to the correctional authority, from the court system after the defendant is found guilty. Like all other aspects of criminal justice, penal administration has taken many different forms throughout history. Initially, when civilization lacks the resources needed to build and maintain prisons, exile and execution are the main forms of punishment. Historically, shame and exile penalties have also been used as a form of criticism.
The most visible form of punishment in public in the modern era is prison. The prison may serve as a detention center for detainees after the trial. For the detention of the accused, the prison is used. Early prisons are used primarily to confiscate criminals and a little thought is given to the living conditions within their walls. In America, the Quaker movement is generally credited with building the idea that prisons should be used to reform criminals. This can also be seen as an important moment in the debate on the purpose of punishment.
Punishment (in the form of prison time) can serve many purposes. First, and most obviously, the detention of criminals removes them from the general population and impedes their ability to commit further crimes. The new goal of imprisonment is to offer an opportunity for criminals to be rehabilitated. Many modern prisons offer school or job training to inmates as an opportunity to study the call and thus gain a legitimate life when they return to society. Religious institutions also have presence in many prisons, with the aim of teaching ethics and instilling a sense of morality in custody. If a prisoner is released before the time is presented, he is released as parole. This means that they are released, but the restrictions are greater than someone on probation.
There are many other forms of punishment commonly used in relation to or in prison. Monetary fines are one of the oldest forms of punishment still in use today. This fine may be paid to the state or to the victims as a form of reparation. The probation and house arrest is also a sanction that seeks to restrict a person's mobility and his chances of committing a crime without actually putting them in a prison environment. In addition, many jurisdictions may require some form of public or community service as a form of reparation for lesser offenses. In the Corrections, the Department guarantees the judicial pre-punishment of pre-sentence-related chemical, related Special Precautions of certain Alternative Drug Prisoners and treatment will occur for offenders who are sentenced to Drug Abuse Prevention in accordance with RCW 9.94A.660.
Executions or death penalties are still used throughout the world. Its use is one of the most contentious aspects of the criminal justice system. Some societies are willing to use execution as a form of political control, or for relatively minor errors. Other societies execute only for the most evil and brutal offenses. Still others stopped the practice entirely, believing that the use of execution was too cruel.
Academic discipline
The functional study of criminal justice differs from criminology, which involves the study of crime as a social phenomenon, the cause of crime, criminal behavior, and other aspects of crime. It emerged as an academic discipline in 1920, beginning with Berkeley police chief August Vollmer who founded the criminal justice program at the University of California, Berkeley in 1916. Vollmer's work was undertaken by his student, O.W. Wilson, who led efforts to professionalize policing and reduce corruption. Other programs are established in the United States at Indiana University, Michigan State University, San Jose State University, and the University of Washington. In 1950, criminal justice students were estimated to number less than 1,000. Until the 1960s, the main focus of criminal justice in the United States was on policing and police science.
Throughout the 1960s and 1970s, crime rates soared and social issues became the center of attention in the public eye. A number of new laws and studies focus federal resources to examine new approaches to crime control. The Warren Court (Supreme Court under Supreme Court Justice Earl Warren), issued a series of decisions that redefine citizen rights and substantially alter the power and responsibilities of the police and the courts. The Era of Civil Rights offers significant legal and ethical challenges to the status quo .
In the late 1960s, with the establishment of the Law Enforcement Assistance Administration (LEAA) and related policy changes resulting from the Omnibus and Safe Street Crime Control Act in 1968. LEAA provides grants for criminology research, focusing on the social aspects of crime. In the 1970s, there were 729 academic programs in criminology and criminal justice in the United States. Mostly thanks to the Law Enforcement Education Program, criminal justice students numbered more than 100,000 in 1975. Over time, criminal justice experts began including criminology, sociology and psychology, among others to provide a more comprehensive view of the criminal justice system and the root cause crime. Criminal justice studies now combine practical and technical police skills with the study of overall social aberrations.
The four-year criminal justice degree program usually includes courses in statistics, research methods, criminal justice, police, the US court system, criminal court, correction, community correction, criminal procedure, criminal law, victims, juvenile justice, and various special topics. A number of universities offer Scholars of Criminal Justice.
History
The modern criminal justice system has evolved since ancient times, with new forms of punishment, adding rights to offenders and victims, and police reform. This development reflects changes in habits, political ideals, and economic conditions. In ancient times until the Middle Ages, exile was a common form of punishment. During the Middle Ages, payments to victims (or families of victims), known as wergilds, were other common punishments, including for violent crimes. For those who can not afford to get out of punishment, harsh punishment includes various forms of corporal punishment. These include mutilation, branding, and whip, and execution.
Although the prison, Le Stinche, existed as early as the 14th century in Florence, Italy, the detention was not widely used until the 19th century. The corrupt reforms in the United States were first initiated by William Penn, near the end of the seventeenth century. For a time, the Pennsylvania criminal code was revised to prohibit torture and other forms of harsh punishment, with jails and jails replacing physical punishment. This reform was restored, after Penn's death in 1718. Under pressure from the Quaker group, this reform was revived in Pennsylvania towards the end of the 18th century, and led to a sharp decline in crime rates in Pennsylvania. Patrick Colquhoun, Henry Fielding and others led significant reforms during the late XVIII and early nineteenth centuries.
The first formal criminal justice system created by the British during the American revolution, they created a system to justify the guarding of citizens from their government. In each district or district selected there is a judge who will now be known as a judge. These individuals are responsible for determining whether the Crown or otherwise known as the British government has sufficient evidence to hang individuals for crimes. Britain will not always hang someone for a crime, there will also be a court for the punishment that will be done by cleaning the ship, prison ship, or locked up in mainland England. During the American revolution, the main types of punishment must be hanged or sent to a prison ship like the infamous HMS Jersey. After the American revolution, the British criminal justice system was later adopted by other developing countries (such as the United States).
The modern police
The first modern police force is usually said to be the Metropolitan Police in London, founded in 1829 by Sir Robert Peel. Based on the Peelian principle, it promotes the preventive role of the police as a deterrent to crime and urban chaos. In the United States, the police department was first established in Boston in 1838, and New York City in 1844. Initially, police were not respected by the public, as corruption was rampant.
In 1920, headed by police chiefs Berkeley, California, August Vollmer and O.W. Wilson, the police began to professionalize, adopt new technology, and emphasize the training and professional qualifications of new employees. Despite such reforms, police agencies are led by highly autocratic leaders, and there is still a lack of respect between the police and the public. After the urban riots of the 1960s, the police placed more emphasis on public relations, reforms such as increased diversity in recruitment, and many police agencies adopted community policing strategies.
In the 1990s, CompStat was developed by the New York Police Department as an information-based system to track and map crime patterns and trends, and hold the police accountable for dealing with crime. Since then, CompStat has been replicated in police departments throughout the United States and around the world, with problem-oriented policing, intelligence-led police, and other information policing strategies that have also been adopted.
See also
- Outline of criminal justice - a structured list of topics related to criminal justice, organized by the subject area
- Ethics of criminal justice
- Criminal justice reform
- Criminal Justice Academy
- Criminal liability in French law
References
Further reading
- Dale, Elizabeth. Criminal Justice in the United States, 1789-1939 (Cambridge University Press, 2011) 184 pp
- More complete, John Randolph. Criminal Justice: Mainstream and Crosscurrents 2005. Prentice Hall. Upper Saddle River, NJ.
- Serge Guinchard and Jacques Buisson. French criminal procedure law Lexinexis Editor, 7th ed., September 2011, 1584 pages.
- Hanes, Richard C. and Sharon M. Hanes. Crime and Punishment in America. Volume 1. 2005. Thomas Gale. Farmington Hills, MI
- Friedman, Lawrence M. Crime and Punishment in American History. 1993. Basic Books. New York, NY.
- Sunga, Lyal S. Emerging System of International Criminal Law: Development of Codification and Implementation, 1997. Kluwer Law International. Den Haag, Netherlands.
- Walker, Samuel Popular Justice: History of American Criminal Justice. 1980. Oxford University Press, Inc. New York
External links
- Criminal Justice Academy
- International Center for Justice Justice Transition Justice Crime (ICTJ)
- Scottish Crime Research Center, a highly respected academic research center that focuses on issues of crime and justice.
Source of the article : Wikipedia
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