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Role of the criminal justice system
The role of the prosecutor in a criminal trial
The role of the prosecutor in a criminal trial
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Recommended: Role of the criminal justice system
If the police bring the case to the public prosecutor, it is also authorized to issue a punishment order to the defendant instead of summoning him and bringing the case to court. this punishment order will gradually replace the consensual settlement penalty/transaction offered in the past by the public prosecutor to the defendant. The purpose of this is to reduce the number of offences that remain without punishment.
A different procedure is issued if the case is classified as crime. The Dutch definition of crime includes violent crimes, like serious offences against life and serious offences against property. This category also includes some traffic offences, like drunk-driving, hit and run, and drug crimes. In these crimes, the public prosecutor can propose a settlement as well as issue a punishment order. If the accused refuses to accept it or he does not agree with the punishment order, the case goes to the court.
The courts of first instance consist of one judge for less severe offences (which has the authority to impose custodial sentences up to one year) and of three judges for more serious cases. Most of the time, the trials are carried out with no interrogation of witnesses and the judges base their decision primarily on the written dossiers prepared by the police during the investigation phase.
In case of conviction, sanctions imposed range from fines and community service to imprisonment. All can be set conditionally as well as unconditionally. Sanctions can be punishments, which must be proportionate, or measures (such as medical treatment), which serve a more rehabilitative goal and do not need to be proportionate. Determinate custodial sentence varies between one day and 20 years. Sentence length depends on the seve...
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...ch Juvenile Justice. Journal Of Ethnicity In Criminal Justice, 7(2), 85-106. doi:10.1080/15377930902929182
Mexico Country Profile. (2013). Mexico Country Profile, 1-70.
Ribeiro, L. (2011). How Does the Criminal Justice System Operate from an Empirical Point of View? An Analysis of the Netherlands Case. European Journal On Criminal Policy & Research, 17(4), 267-284. doi:10.1007/s10610-010-9131-x.
Ringnalda, A., & Kool, R. (2012). The prosecution of bias crime in the Netherlands and the problem of net-widening: fundamental limits to criminal liability. Crime, Law & Social Change, 58(1), 53-74. doi:10.1007/s10611-012-9369-y van de Riet, M., Bernasco, W., & van der Laan, P. (2007). Between protection and repression: a short history of juvenile policing in the Netherlands. International Journal Of Police Science & Management, 9(3), 214-225. doi:10.1350/ijps.2007.9.3.214
Overall, intermediate sanctions have pros and cons as opposed to the method of incarceration. Benefits that are present tend to correlate with the idea of helping both the offender and society, the ability to let an offender still be punished but not to the extent of being too harsh such as imprisonment, and the ability to not overcrowd jails and to focus on more severe cases. Now referring to the negative side of things, intermediate sanctions are very uncertain when it comes to the ethicacy and philosophy behind these
Pollock, J. M. (2012). Crime and justice in America: An introduction to criminal justice (2nd ed.). Amsterdam: Elsevier.
This paper will be focusing on the courts as the specific sub-system in the criminal justice system. As said in the book the court system is responsible for charging criminal suspects, carrying out trials, and sentencing a person convicted of a crime. The fear of crime influences criminal justice policies in the court system. One way it does this is with the courts sentencing. Courts are able to give out severe punishments as a method of deterrence. This specific type of deterrence would be general deterrence. The book says that general deterrence theory should work if the punishment is clear, severe, and done swiftly. According to this theory, crime rate should drop because people will fear the punishment. The other way fear of crime influences
The individuals within our society have allowed the people to assess and measure the level of focus and implementation of our justice system to remedy the modern day crime which conflicts with the very existence of our social order. Enlightening us to the devices that will further, establish the order of our society, reside in our ability to observe the Individual’s rights for public order. The governance of our present day public and social order co-exist within the present day individual. Attempts to recognize the essentiality of equality in hopes of achieving an imaginable notion of structure and order, has led evidence-based practitioners such as Herbert Packer to approach crime and the criminal justice system through due process and crime control. A system where packers believed in which ones rights are not to be infringed, defrauded or abused was to be considered to be the ideal for procedural fairness.
As an alternative to incarceration, intermediate sanctions are most often used for non-violent offenders. Intermediate sanctions is a new option of punishment that was develop to better match the punishment with the seriousness of the crime for non-violent offenders. With this new kind of punishment, comes new responsibility for the offender to become a contributing member of his or her community (textbook, 131). The main way that offenders accomplish this is by learning new job skills and holding a stable job (textbook, 131). Along with the responsibility of job, offenders are sometimes ordered to do additional sanctions which includes, paying any fines, getting an education or even getting treatment if needed (textbook, 131). Offenders are, at times, ordered to do all of these. Intermediate sanctions can be implemented in several ways. It can be implemented during arraignment or the initial sentencing, after the offender agrees to treatment and has shown improvement to comply, or it can be implemented as a means to reduce the population in the correctional system (textbook, 131). This brings up the question of whether intermediate sanctions should be used ...
Throughout history, it has become very clear that the tough on crime model just does not work. As stated by Drago & Galbiati et al. In their article: Prison Conditions and Recidivism, although it is...
Champion, D. J., Hartley, R. D., & Rabe, G. A. (2012). Criminal Courts: Structure, process, and
They are successful in immediately punishing the offender and they are also seen as “high in profile”. Following a sentencing, the convicted criminal is immediately escorted out of the courtroom and straight to the confinements of prison. This instant punishment keeps the convicted off the streets preventing more harm to the community. This also is a result of “high in profile”. Prison is the most severe punishment that the government can inflict on a criminal (including the death-penalty). Criminal sentencing is taken very seriously and is meant to scare lawbreakers from re-offending. However, rehabilitation does a better job in preventing
All the laws, which concern with the administration of justice in cases where an individual has been accused of a crime, always begin with the initial investigation of the crime and end either with imposition of punishment or with the unconditional release of the person. Most of the time it is the duty of the members of constituted authorities to inflict the punishment. Thus it can be said that almost all of the punishments are an act of self-defense and an act of defending the community against different types of offences. According to Professor Hart “the ultimate justification of any punishment is not that it is deterrent but that it is the emphatic denunciation by the community of a crime” (Hart P.65). Whenever the punishments are inflicted having rationale and humane factor in mind and not motivated by our punitive passions and pleasures then it can be justified otherwise it is nothing but a brutal act of terrorism. Prison System: It has often been argued that the criminals and convicted prisoners are being set free while the law-abiding citizens are starving. Some people are strongly opposed the present prison and parole system and said that prisoners are not given any chance for parole. Prisons must provide the following results: Keep dangerous criminals off the street Create a deterrent for creating a crime The deterrent for creating a crime can be justified in the following four types Retribution: according to this type, the goal of prison is to give people, who commit a crime, what they deserved Deterrence: in this type of justification, the goal of punishment is to prevent certain type of conduct Reform: reform type describes that crime is a disease and so the goal of punishment is to heal people Incapacitation: the...
...T., Reiner, R. (2012) ‘Policing the Police’ in The Official Handbook of Criminology. Ed. By Maguire, M., Morgan, R., Reiner, R. Oxford: Oxford University Press, 806- 838
When an individual enters the criminal justice system, it always begins with the police. So in order for police to be involved in any situation, there has to be a crime committed or violation of any law which has been put in place by the government. As the police act as the enforcement agents of these laws, they are the first ones to be involved. There are four steps that police follows when there is a crime – the crime itself, the report of the crime, the investigation of the crime, and the arrest to finish this process – these are the very basic avenues which police follows.
Crime is some action/omission that causes harm in a situation that the person/group responsible ‘ought’ to be held accountable and punished irrespective of what the law book of state say.
Punishing the unlawful, undesirable and deviant members of society is an aspect of criminal justice that has experienced a variety of transformations throughout history. Although the concept of retribution has remained a constant (the idea that the law breaker must somehow pay his/her debt to society), the methods used to enforce and achieve that retribution has changed a great deal. The growth and development of society, along with an underlying, perpetual fear of crime, are heavily linked to the use of vastly different forms of punishment that have ranged from public executions, forced labor, penal welfare and popular punitivism over the course of only a few hundred years. Crime constructs us as a society whilst society, simultaneously determines what is criminal. Since society is always changing, how we see crime and criminal behavior is changing, thus the way in which we punish those criminal behaviors changes.
Every country has a form of criminal justice system. This system consists in a different series of organizations that work together to defend, sentence and punish those that did not follow the law or have been involved in any type of crime. In most of the countries, the system is similar be-cause is based on law enforcement agencies, attorney generals, judges, courts of law and prisons. All of these organizations work together to contribute towards the better enhancement of the working cooperation within the criminal justice system. However, these procedures won’t al-ways be fully applicable in certain countries.
According to David Garland, punishment is a legal process where violators of the criminal law are condemned and sanctioned with specified legal categories and procedures (Garland, 1990). There are different forms and types of punishment administered for various reasons and can either be a temporary or lifelong type of punishment. Punishment can be originated as a cause from parents or teachers with misbehaving children, in the workplace or from the judicial system in which crimes are committed against the law. The main aim of punishment is to demonstrate to the public, the victim and the offender that justice is to be done, to reduce criminal activities and to deter people from wanting to commit any form of crime against the law. In other words it is a tool used to eliminate the bad in society or to deter people from committing criminal activities.