Why Do We as a Society Need a Criminal Justice System

Why do we (as a ball club) requirement a barbarous arbiter clay? Introduction As a corporation there is claim for a immoral rightness goerning body, as it is essential to grant faithfulnesss through by the population. We have these constabularys so tribe can non use m angiotensin converting enzymey or judicature agency to benefit themselves. The laws in addition establish that all(prenominal) person should check their and eitherone elses rights and obligations at heart the biotic community. The wicked arbiter strategy of rules, is a dodging of laws and rulings which protect community members and their property. Therefore, the laws determine which acts be savage and how the appaler is avengeed. (Sallmann, P. nd Wills, J. 1984 savage legal expert in Australia, Oxford University Press, Melbourne. ) The criminal nicety carcass in Australia formed centuries ago, with new forms of penalizations added along the way. From accordingly till now Australian judges have interpreted, applied and developed these laws, the Australian parliaments have also added to them through jurisprudence. (Sallmann, P. and Wills, J. 1984 Criminal jurist in Australia, Oxford University Press, Melbourne. ) Why we need a criminal umpire system There are three main divisions in criminal justice system, which exists of Police, Courts, and Corrections.Firstly, Police have the office to investigate and apprehend criminals. Secondly, Courts are responsible for fair trial and sentencing. Thirdly, Corrections are responsible for enslavement and supervision. The main purpose of this system is to manage unrestricted safety. In Australia we have nine legal systems, comprising 8 State or Territory systems and one federal system. Most of the administration of courts, the legal profession and legislation occurs in the States and Territories. Therefore, apiece State and Territory is responsible to carry out the laws and rulings for the criminal justice system. At torney-Generals incision (AGD) 1995, The judge Statement, AGD, Canberra. ) The criminal justice systems goals are to ensure that legislation and the law is upheld at all times. For example, protect the innocent, punishing the guilty, preserving order and peace and protecting victims from further anguish. Anformer(a) goal the criminal justice system let outms to be focusing on is education for the public regarding law-breaking and rehabilitation of offenders. This method is achieved by deterring offenders or counteracting crimes from spreading. Therefore, the goals of the criminal justice system are to balance criminal activity and crime revention. There is an teemingness of people, who think the criminal justice system is not really a system, and that it has always been flawed. It fails to de sufferr dead on target justice and is expensive and incompetent in determining cases. On the other hand there are m any(prenominal) people who firmly defend the system against such critic ism, viewing it as only needing minuscular change. As always, the truth lies slightlywhere in between the two arguments. The criminal justice system is offspring to continual criticism. Many of its qualities, such as the wearing of gowns and wigs, are seen to imitate a system which is outdated, concealing in old traditions and rocedures and out of touch with the society of today. As a society we need to understand that the police alone cant overcome all crimes therefore, it cant deal with every criminal. The criminal justice system introduced community based programs and institutions to help build safer communities. Examples of these programs and institutions are, Neighbourhood Watch and familiarity Corrections. Firstly, Neighbourhood Watch is a community based program, which aims to minimise crime within the community. This program requires most(prenominal) the community and the police gaining together to accomplish his goal. (Neighbourhood Watch, http//www. nhw. com. au/H ome) Secondly, Community Corrections is an institution which manages and supervises offenders on community based supervision orders such as Probation, free, Home Detention, Community Work and Bail. This institution requires the community, Courts and the Parole Board to all work together, to achieve the optimum leave alone. (Community Corrections http//www. nt. gov. au/justice/corr assistances/community_corrections/index. shtml) The criminal justice system is a complex social tree, the branches of this tree combine social and economic causes.It is often these other causes that determine the crimes committed and the response of the criminal justice system. These creators of crime can be sorted into two main groups environmental risk factors and individual risk factors. Environmental risk factors include the carnal, social, family, community, economic, cultural and semipolitical environments in which an individual lives For example, steeper rates of unemployment can have an impact on levels of crime, which in frolic will affect all sectors of the criminal justice system. Individual risk factors include mental and physical health status, demographic and ocioeconomic characteristics, attitudes and judgments, and lifestyles and behaviour. These individual risk factors must also be considered when looking at the broader condition of the criminal justice systems. (The National Criminal Justice Statistical Framework, Jul 2001. ) Various researches have addressed assorted outlooks to explain why some(prenominal) people have a criminal tendency. Examples of these outlooks are by Cesare Lombroso and Sigmund Freud. Firstly, Lombroso states that criminals have stigmata, and that these stigmata consist of abnormal dimensions of the skull and jaw.Lombroso even claimed that different criminals have different physical characteristics which he could discern. (Cesare Lombroso. (2009). Secondly, Sigmund Freud hypothesized that the most commonplace element that contribut ed to criminal behaviour was faulty identification by a child with her or his parents. The improperly socialized child may develop a personality disturbance that causes her or him to direct asocial impulses inward or outward. The child who directs them outward becomes a criminal, and the child that directs them inward becomes a neurotic. (Sigmund Freud (1961). ConclusionFor a society to work it needs to have a level of structure, that is applied and understood by everyone. Laws within the criminal justice system piss that structure and regulate the way in which people and organisations behave. If we did not have a criminal justice system, there would be a haul of chaos, within the systems of focus and crime control. Therefore, if there is no threat for penalty, the level of crime within the society could be relaxation high. The major goals in criminal justice tend to be creating a helping hand in reducing crime, through bringing major offences to justice, or raising the communi ties confidence.Along with others the justice system whole works towards preventing crime or helping offenders turn away from committing a crime. (Goldsmith, Israel and Daly 2006) Therefore, the criminal justice system is to create balance throughout society. We as a society need this system, to protect people within our communities from crime and preventing crime. Is the system fair? No. But the criminal justice system can only be as fair as human beings are capable of making it. References 1. Sallmann, P. and Wills, J. 1984 Criminal Justice in Australia, Oxford University Press, Melbourne. 2.Attorney-Generals Department (AGD) 1995, The Justice Statement, AGD, Canberra. 3. (Neighbourhood Watch, http//www. nhw. com. au/Home) 4. (Community Corrections http//www. nt. gov. au/justice/corrservices/community _corrections/index. shtml) 5. The National Criminal Justice Statistical Framework, Jul 2001. 6. Cesare Lombroso. (2009). New World Encyclopaedia. 7. Freud, S. (1961). The Complete W orks of Sigmund Freud (Vol. 19). London Hogarth. 8. Goldsmith, Israel and Daly 2006, criminal offense and Justice An Australian standard in Criminology (third Edition) Sydney Lawbook Company.Why Do We as a Society Need a Criminal Justice System?WHY DO WE AS A SOCIETY NEED A CRIMINAL jurist SYSTEM? Introduction The criminal justice system is comprised of a basic formation, the law enforcement agencies, the courts, and the correctional services. This system has existed since ancient times and although the three facilities havent completely been replaced over the centuries, there has been a lot of change and amendment to how the system is used to investigate, deter, and spare order and control in todays society.It is a fundamental part of our society and we know that comprehensive, utile, and nondiscriminatory implementation of criminal justice system causes is essential to windup violence, both for freeing individual and for ending the worldwide epidemic of violence against one other.Although the system has evolved over the years to adjust and accommodate people of different status, class and provide a multicultural diorama to society, just as any other system there will always be some impediments and inconsistencies such as, financial restraints, inequality, selective law enforcement and public influence such as media ideas and images of crime. Why we need a criminal justice system It would be unrealistic of people in society to opine every crime could be prevented and every criminal caught and incarcerated.Its however not unrealistic to expect to live in a safe society that is provided with equality, fairness, and is reliable and respected. Without the criminal justice system the entire society would disintegrate and it would be overrun with crime and wrong doing. The law enforcement, the courts and the correctional arms of the system each take on a responsibility to follow procedures laid down by the government, who determine what society needs more or little of at any particular time.From the data below (Government expenditure by sector 2004-2005) we can quite clearly see how the criminal justice system has changed in order to meet the needs of society this is an example of how the government prioritises the needs of society at any particular time. The education sector of the map is openly the highest in priority which shows that government is now seek a different perspective as was used years ago by now educating the public and society on how to help prevent crime themselves and teaching parents how to help prevent their children from deviating against them, and becoming another statistic.Coming in second to education is the health expenditure which shows that there is quite a high need for medical and health attention for those that come in contact with the criminal justice system. The government is becoming more conscious of the need for chances of rehabilitation for mentally ill and suicidal persons, where these mil itary issues are not now seen as a crime but now as a personal issue and the government is now taking it extremely seriously the need for a solution and not punishment to their mental states which may have led them to their criminal ways instead of punishing them for their illness.As we see community services are the next most important thing the government is seeing as a need in the criminal justice system. The law enforcement, courts and correctional facilities only deal with the law and order in society and maintaining social control, but without the community services (Eg Housing, education, financial services, legal services) the people going into and coming out of the criminal justice system would have nowhere to go for nourish. The community services is a crucial element to the criminal justice system for the individuals of crime, the families and everyone affected, by providing the additional support needed.The system for punishment has changed many times over the decades t he criminal justice system has been around, from corporal punishment (whipping, removing of hands for theft and even execution), to lighter punishments such as community services, probationary periods, and parole for less serious offences to prison terms for more severe offences. The less serious of offences such as vandalism by a juvenile will more than likely obtain a community service punishment to remove or fix the damage caused there by ridding the community of the vandalism and educating the convicted, in turn the convicted is less likely to reoffend.So in most cases such as theft, vandalism, and minor round out cases, if the case is finalised in court by conviction (typically by a defendants entering a invocation of guilty to the offence or to a less serious offence), the defendant may receive a non incarceration sentence such as parole, community service or probation. From this narrowing of cases Daly et al. (2006) p 275 anchor from a large number experienced by victims t o a trickle of defendants convicted and sanctioned has the appearance of a funnel and saves resources and space in prisons and other correctional facilities for the more serious defendants.As the above pie chart (Composition of government expenditure on criminal justice 2006-2007) shows us the police services are at the head position of the overall expenditure of the three arms of the criminal justice system. The government is aware of the vast need for more funds into the policing sector, for the fact this arm is the division that provides the law and order and is out there addressing the issues that are affecting society and apprehending the criminals in, to ensure the criminal justice system continues to function in a fair and equally sufficing way.The police have moved to further advance their policing techniques, from general law enforcement to Community policing, which focuses more on conciliatory rather than a coercive approach to police work, which involves the community and individuals in playing a co-participatory role in the act of crime prevention. In refinement the overall principle of the criminal justice system is to provide justice for everyone in society and to keep society safe and in order by convicting the criminals and rehabilitating them not to offend again, and to support them as the get into society.The criminal justice system works with other organisations to help prevent crime and bring those who to offend to justice and also educating society and keeping them involved in ways they can help. Even with the inconsistencies and impediments, without a criminal justice system, societies all over the world would be overrun with chaos and society would surrender to function. In order to keep society smooth running and the people safe maintenance of the criminal justice system is vital for social order and control. References Composition of government expenditure on criminal justice image (2006-2007).Retrieved 26 declination 2011, from ht tp//www. aic. gov. au/statistics/criminaljustice. aspx Daly, Kathleen Israel, Mark Goldsmith, Andrew John. (2006) Crime and Justice A guide to criminology, 3rd Ed. Sydney Lawbook Co. Ch. 13 Daly, Kathleen, Aims of the Criminal Justice system p275 Government expenditure by sector image (2004-2005). Retrieved 26 December 2011, from http//www. aic. gov. au/statistics/criminaljustice. aspx Perrone, S. , White, R. (2010) Crime Criminality Criminal Justice (1st Ed. ) Oxford Oxford University PressWhy Do We as a Society Need a Criminal Justice System?Why do we (as a society) need a criminal justice system? Everyday, society is the respondent to rules and procedures that shape the way we interact with one another. Perhaps the most defining rules and procedures are those that deal with criminality and criminal justice. This paper will first of all look at the goals of the criminal justice system and how the criminal justice system tries to achieve them. Secondly, this canvass will exami ne how the criminal justice system functions and whether this is effective in achieving the goals it develops out.Perhaps the most obvious goal of the criminal justice system is to respond to crime. This goal is fulfilled through the apprehension of those who root for crimes, and the subsequent punishment of these offenders. However, when looking at the full scope of the functions of the criminal justice system, it further aims to prevent crime and promote personal and community safety (Pink, 2007). In summary, the basic function of the criminal justice system is social control (Bryett, Crasswell, Harrison, Arch, & Shaw, 1993).Social controls dictate what behaviours are acceptable in society, so as to ensure the best interests of society as a whole are maintained (Bryette, et. al. , 1993). date the criminal justice system is not the only form of social control, it is perhaps the most obvious white-tie control. The government criminalizes activities and behaviours that are deemed to be harmful to society. This government then gives the criminal justice system the force and resources to enforce these laws and punish those who do not conform (Bryett, et al. , 1993).This formal control is used to reinforce slack social controls such as family, education, peers and mass media which, on their own are generally quite effective social controls. However, liberal controls alone cannot be relied upon to enforce criminal justice processes, therefore the state imposes the powers of the criminal justice system to regulate society. The Australian criminal justice system is based on the belief that all people are treated equally in the eyes of the law. Concepts such as disengagement of powers, judicial precedent and fair procedures are key to the Australian riminal justice system (http//www. dfat. gov. au/facts/legal-systems. html). In Australia, each state and territory governs its own set of criminal laws, enforcement, adjudicative and correctional systems (Earle, S arre, & Tomaino, 1999), with the federal government making laws on trade and commerce, taxation, defense, external affairs, and immigration and citizenship (http//www. dfat. gov. au/facts/legal-systems. html). While there are some central legal themes, this arrangement leads to differing definitions of offences and appropriate sentencing (Earle, Sarre, & Tomaino, 1999).Each of these state and federal governments are comprised of 3 develop branches of government legislative, executive and judicial. The legislative arm of the government makes laws, while the executive government administers the laws, and the judiciary severally interprets these laws and applies them (http//www. dfat. gov. au/facts/legal-systems. html). This concept is known as the separation of powers, and was employed to prevent one group having the power to be judge, jury and executioner in the criminal justice process (Hayes & Prenzler, 2009).The criminal justice system is also made up of three core elements polic e, courts and corrections. Police are the first response in the criminal justice system and are responsible for crime prevention and detection, maintaining public order and providing fate assistance. They are also responsible for apprehending suspects to be processed through the next phase of the criminal justice system, the courts (Hayes & Prenzler, 2009). It is the role of the criminal courts to adjudicate cases brought before them.It is here that the guilt or innocence of the defendant is intractable (Pink, 2007). If guilt is found, the defendant is moved on to the corrective services, which administers the sentence brought down by the court. This can result in being taken into custody, community work, or rehabilitation (Pink, 2007). While these three systems are attached to each other, they also have their own agendas, leading many to query the phrase criminal justice system (Daly, 2006). Daly (2006) describes an accurate definition for the term system as a collection of inte rdependent agencies, each having its own function. Prenzler & Sarre (2009) note that the current criminal justice system shows very little systematic or authoritative co-ordination between the various agencies. This is mainly due to the fact that these agencies have differing aims. For example, the police perform obligatory duties to capture and detain suspects, while the courts work to protect the rights of the defendant, in some cases going so outlying(prenominal) as to discredit the police if they fail to follow correct procedures (Daly, 2006).These differences sometimes lead to what is seen to be delicate sentencing, and can reduce public confidence in the criminal justice system (Hayes & Prenzler, 2009). However, while some people may believe that the components of the criminal justice system as we know it are unconnected and in some cases inefficient, the alternative would not protect people from the abuses of state power (Daly, 2006) through corruption, yield and a monop oly of power.As stated earlier, the aim of the criminal justice system is to prevent crime, respond to crime, punish crime and protect the community in a fair and just manor to all people. While the phrase criminal justice system may cause debate about its accuracy in defining the criminal justice process that Australia adheres to, the concept of the criminal justice system is important to achieving the goals that it has set out. In fact, the same notion that encourages people to report that the criminal justice system is not a system, is the very notion that allows the criminal justice system carry out its objectives.The criminal justice system as we know it is a strong formal social control and, in conjunction with informal social controls, is essential to provide a moral and democratic society. References Australian Government Department of distant Affairs and Trade. (2011). About Australia. Retrieved 20 December 2011 from http//www. dfat. gov. au/facts/legal_systems. html Bryet t, K. , Crasswell, E. , Harrison, Arch, & Shaw, J. (1993). An Introduction to Policing Vol 1 Criminal Justice in Australia. Sydney Butterworths. Daly, K. , Isreal, M. , & Goldsmith, A.J. (2006). Crime and Justice A Guide to Criminology (3rd Ed. ). Sydney Lawbook Co. Prenzler, T. & Sarre, R. (2009). The Criminal Justice System. In H. Hayes. , & T. Prenzler. (Ed. ). (2009). An Introduction to Crime and Criminology (2nd Ed. ). New South Wales Pearson Education Australia. Pink, B. (2007). National Criminal Justice Statistical Framework. Canberra Australian self-assurance of Statistics. Sarre, R. , & Tomaino, J. A. (1999). Exploring Criminal Justice Contemporary Australian Themes. Adelaide South Australian Institute of Justice Studies.