In the article, “Systemic Facts: Toward Institutional Awareness in Criminal Courts” Andrew Crespo (2016) is proposing that criminal courts can become more involved in criminal just procedures than they are. Currently, these courts are more passive in their roles, while other actors (i.e. the prosecutors and law enforcement) are more traditionally more active. However, criminal courts possess an abundant amount of information that could attribute to reformation in our current criminal justice system, but this will require effort in a few different areas. All of which include, to some degree, collecting, accessing, and organizing the various caches of information so that the information becomes more “transparent” (Crespo, 2016). Ultimately, this …show more content…
Crespo (2016) also addresses, in this section, constitutional criminal adjudication and how there is a discrepancy between the roles of criminal courts when interpreting the constitution and the transactional process of adjudication in accordance to the constitution. In my opinion, this section of the discussion, or body, of the article is primarily addressing the more passive roles (i.e. an administrative role) of the courts and how the courts might be able to take on a more active role in criminal …show more content…
2065). With this I believe that, Crespo (2016) is simply stating that in order to develop a more active role, we need to become more aware of more active agencies within our system, which would increase the criminal courts’ institutional awareness over the criminal justice system. However, it is also in this section that Crespo (2016) discusses criticism in the form of questioning criminal courts’ ability to utilize systemic facts as it could be possible that they’re only able to see case-specific information. This concern is addressed when Crespo (2016) states that, “Criminal courts are not just individual judges. They are also institutions, capable of generating and accessing a body of knowledge that they have obtained through their own serial set of interactions with the world” (p. 2068). I believe that this quote is providing a satisfying answer to the problem introduced by the various critics that Crespo (2016) gives in this
Criminal law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order. Procedural matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system interact.
When examining criminal justice systems it is important to note two important criminal justice models, the due process model and the crime control models. Most governments function based on several aspects from each criminal justice model; these crime models were initially introduced by Herbert Packer in 1968 (Cole, Smith, & DeJong, 2014). The due process model in the criminal justice system reflects the formal decision making process and highlights the importance of ensuring the criminal justice system works upon reliable knowledge (Cole, Smith, & DeJong, 2014). The crime control model is based on efficiency and ensuring crime is repressed as much as possible; this model promotes bargaining and often encourages defendants making deals with
Well written procedures, rules, and regulation provide the cornerstone for effectively implementing policies within the criminal justice system. During the investigational process, evidence collected is subjected to policies such as Search and Seizure, yet, scrutinized by the Exclusionary Rule prior to the judicial proceeding. Concurrent with criminal justice theories, evidence collected must be constitutionally protected, obtained in a legal and authorized nature, and without violations of Due Process. Although crime and criminal activities occur, applicability of policies is to ensure accountability for deviant behaviors and to correct potentially escalation within social communities It is essential the government address such deviant behavior, however, equally important is the protection of the accused which also must become a priority when investigating criminal cases.
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 packer believed in which ones rights are not to be infringed defrauded or abused was to be considered to be the ideal for procedural fairness. “I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.” Thomas Jefferson pg 9 cjt To convict an individual because proper consideration was not taken will stir up social unrest rather then it’s initial intent, when he or she who has committed the crime is not punished for their doings can cause for a repetition and even collaboration with other’s for a similar or greater crime.
phase of the criminal justice system, and to do so in a harmonized manner. Without a systematic
U.S. Department of Justice. 2002. “What is the Sequence of Events in the Criminal Justice System?”
The criminal justice system is a group of institutions that work together to protect a society, prevent and control crime, and maintain justice; enforcing the laws regulated by society. As the years have gone by and society has evolved; so have the criminal justice system and its methods to accomplish its role in society. This short analysis will evaluate the main facts that have been affecting the criminal justice system for decades and have influenced the evolution the justice system is enduring in a changing society (Muraski, 2009). Amongst the changes in the system, we will discuss the effect the changes have had on the citizens and how their perceptions have evolved as well.
The media plays a big role in shaping the people’s perceptions about the court system. Without media we would remain uneducated to the occurrences outside our social groups. Media and especially news coverage provide us with important point of contact with the rest of society. In debunking popular myths about our court system we will look at the “facts” (the truth, the actual event, a real thing). With a myth being based upon “exaggeration” or heightening of “ordinary” event in life. Myths become a convenient mortar to fill gaps in knowledge and to provide answers to questions social science either cannot answer or has failed to address. Myths tend to provide the necessary information for the construction
Wanting to understand and be involved with putting the right criminal behind bars has always been a passion. Getting a better understanding of the criminal justice system explained how innocent can be convicted. During, this learning process it has been obvious that there are new and lethal forms of criminality, which can range from international terrorism to transnational syndicates.
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
That is a very simple explanation of public criminology that incorporates much of its diversity. This quote is of great importance to gaining an understanding of public criminology, as it is not only about incorporating the public in the generation of knowledge, but more about activism. It is about directly gaining knowledge through different people’s experiences and eventually changing opinions through public presentations. Through many sources, this broad term will be analyzed and described as clearly as possible, drawing from course presenters’, course readings, and research.
The definition of justice and the means by which it must be distributed differ depending on an individual’s background, culture, and own personal morals. As a country of many individualistic citizens, the United States has always tried its best to protect, but not coddle, its people in this area. Therefore, the criminal justice history of the United States is quite extensive and diverse; with each introduction of a new era, more modern technologies and ideals are incorporated into government, all with American citizens’ best interests in mind.
There are certain moments in American life that have certain dignity" (38). The judicial system is a very complex system and deserves the respect and dignity that is required. It needs to be taken seriously. The public has no right to make it into a game. This is a serious process of bringing criminals to justice.
...rounding individual offender needs and courtroom management and organizational concerns. Although courtroom actor reliance on different focal concerns is theorized to be uniform across jurisdictions, the relative emphasis and subjective interpretation of these considerations is likely to vary across court communities (Ulmer and Johnson, 2004). This is because "the meaning, relative emphasis and priority, and situational interpretations of them is embedded in local court community culture, organizational contexts, and politics" that vary across courts (Kramer and Ulmer, 2002: 903). From this perspective, judicial departures can be understood as the result of the complex interplay between formally rational guideline recommendations and substantively rational sentencing concerns, based on varying interpretations of different focal concerns across courtroom communities.
Offenders are protected today by both the rule of law, ensuring that all offenders are treated equally, regardless of their age, sex or position in the community, and due process, which ensures that all offenders are given a fair trial with the opportunity to defend themselves and be heard (Williams, 2012). Beccaria’s emphasis on punishment being humane and non-violent has also carried through to modern day corrections. It is still the case today that offenders must only receive punishment that is proportionate to the crime they have committed and the punishment is determined by the law. The power of the judges and the magistrates to make decisions on punishment is guided by the legislation and they do not have the power to change the law (Ferrajoli,