Monday, 17 September 2012

Criminal Justice System in UK
Introduction Criminal justices the system of practices and institutions of directed at upholding, Those accused of crime have against abuse of investigatory and prosecution powers. and mitigating, or sanctioning those who violate with criminal penalties and efforts.

Definition of Criminal Justice System
Normally, the first contact an offender has with the criminal justice system is through police who investigates a suspected wrong-doing and make an arrest. Next is the court, where disputes are settled and justice is administered. In the U.S. guilt or innocence is decided through the adversarial system. If the accused is found guilty s/he turned over to the correctional authorities from the court system.

Criminal justice system refers to the collective institutions through which an accused offender passes until the accusations have been disposed of or the assessed punishment concluded. The criminal justice system consists of three main parts: (a) adjudication (courts which include judges, prosecutors, defense lawyers: and (b) corrections (prison officials, probation officers, and parole officers). In a criminal justice system, these distinct agencies operate together under the rule of law and are the principal means of maintaining the rule of law within society. (c) Law enforcement (police, sheriffs, marshals.

Policing
The first contact an has with the criminal justice system is usually with the (or law enforcement) who investigate a suspected wrongdoing and make an, but if the suspect is dangerous to the whole nation, a national level is called in . The first police force comparable to the present-day police was established in 1667 under King in France, although modern police usually trace their origins to the 1800 establishment of the in, the, and the. When warranted, law enforcement agencies or police officers are empowered to use force and other forms of legal coercion and means to effect public and social order.

Police are primarily concerned with keeping the peace and enforcing based on their particular mission and jurisdiction. Policing has included an array of activities in different contexts, but the predominant ones are concerned with and the provision of services. Formed in 1908 the began as an entity which could investigate and enforce specific federal laws as an investigative and in the United States; this, however, has constituted only a small portion of overall policing activity.

Main article:
The courts serve as the venue where disputes are then settled and justice is administered. With regard to criminal justice, there are a number of critical people in any court setting. These include the, and the. The judge, or magistrate, is a person, elected or appointed, who is knowledgeable in the law, and whose function is to objectively. These critical people are referred to as the courtroom work group and include both professional and non professional individuals.

The case should be decided in favor of the party who offers the most sound and compelling arguments based on the law as applied to the facts of the case. Is decided through the. In this system, two parties will both offer their version of events and their case before the court (sometimes before a judge or panel of judges, sometimes before a jury).

The prosecutor, or district attorney, is a who brings charges against a person, persons or corporate entity. The prosecutor should not be confused with a or plaintiff's counsel. It is the prosecutor's duty to explain to the court what crime was committed and to detail whathas been found which incriminates the accused. Although both serve the function of bringing a complaint before the court, the prosecutor is a servant of the state who makes accusations on behalf of the state in criminal proceedings, while the plaintiff is the complaining party in civil proceedings.

A defense attorney counsels the accused on the legal process, likely outcomes for the accused and suggests strategies Defense counsel may challenge evidence presented by the prosecution or present exculpatory evidence and argue on behalf of their client. At trial, the defense attorney may attempt to offer a to the prosecutor's accusations. The accused, not the lawyer, has the right to make final decisions regarding a number of fundamental points, including whether to testify, and to accept a plea offer or demand a jury trial in appropriate cases. It is the defense attorney's duty to represent the interests of the client, raise procedural and evidentiary issues, and hold the prosecution to its burden of proving guilt beyond a reasonable doubt.

This process varies depending on the laws of the specific jurisdiction. In some places the panel (be it judges or a jury) is required to issue a unanimous decision, while in others only a majority is required. In America, this process depends on the state, level of court, and even agreements between the prosecuting and defending parties. The final determination of guilt or innocence is typically made by a third party, who is supposed to be disinterested. This function may be performed by a judge, a panel of judges, or a panel composed of unbiased citizens. Some nations do not use juries at all, or rely on theological or military authorities to issue verdicts.

Those who cannot afford a private attorney may be provided one by the state. Historically, however, the right to a defense attorney has not always been universal. In the U.S., an accused person is entitled to a government-paid defense attorney if he or she is in jeopardy of losing his or her life and/or liberty. For example, inEngland criminals accused of were not permitted to offer arguments in their defense. In many jurisdictions, there is no right to an appointed attorney, if the accused is not in jeopardy of losing his or her liberty.

This reduced sentence is sometimes a reward for sparing the state the expense of a formal trial. Many nations do not permit the use of plea bargaining, believing that it coerces innocent people to plead guilty in an attempt to avoid a harsh punishment. Some cases can be disposed of without the need for a trial. Some nations, such as America, allow in which the accused pleads guilty, or not guilty, and may accept a diversion program or reduced punishment, where the prosecution's case is weak or in exchange for the cooperation of the accused against other people. In fact, the vast majority are. If the accused confesses his or her guilt, a shorter process may be employed and a judgment may be rendered more quickly.

The entire trial process, whatever the country, is fraught with problems and subject to criticism. and form an ever-present threat to an objective decision. In this case, the criticism is that the decision is based less on sound justice and more on the lawyer's eloquence and. This is a particular problem when the lawyer performs in a substandard manner. Any on the part of the lawyers, the judge, or jury members threatens to destroy the court's credibility. Some people argue that the often Byzantine rules governing courtroom conduct and processes restrict a layman's ability to participate, essentially reducing the legal process to a battle between the lawyers. The jury process is another area of frequent criticism, as there are few mechanisms to guard against poor judgment or incompetence on the part of the layman jurors. Judges themselves are very subject to bias subject to things as ordinary as the length of time since their last break.

The Manipulations of the court system by defense and prosecution attorneys, law enforcement as well as the defendants have occurred and there have been cases where justice was denied.

Corrections
Like all other aspects of criminal justice, the administration of has taken many different forms throughout history. Early on, when civilizations lacked the resources necessary to construct and maintain prisons, forms of punishment. Offenders are then turned over to the correctional authorities, from the court system after the accused has been found guilty. Historically punishments and have also been used as forms of censure.

Early prisons were used primarily to sequester criminals and little thought was given to living conditions within their walls. In America, the movement is commonly credited with establishing the idea that prisons should be used to reform criminals. The most publicly visible form of punishment in the modern era is the. Prisons may serve as detention centers for prisoners after trial. For containment of the accused, jails are used. This can also be seen as a critical moment in the debate regarding the purpose of punishment.

Punishment (in the form of prison time) may serve a variety of purposes. Many modern prisons offer schooling or job training to prisoners as a chance to learn a vocation and thereby earn a legitimate living when they are returned to society. Religious institutions also have a presence in many prisons, with the goal of teaching ethics and instilling a sense of morality in the prisoners. First, and most obviously, the incarceration of criminals removes them from the general population and inhibits their ability to perpetrate further crimes. A new goal of prison punishments is to offer criminals a chance to be rehabilitated. If a prisoner is released before his time is served, he is released as a parole. This means that they are released, but the restrictions are greater than that of someone on probation.

There are numerous other forms of punishment which are commonly used in conjunction with or in place of prison terms. are also sanctions which seek to limit a person's mobility and his or her opportunities to commit crimes without actually placing them in a prison setting. Furthermore, many jurisdictions may require some form of public or community service as a form of reparations for lesser offenses. Monetary are one of the oldest forms of punishment still used today. These fines may be paid to the state or to the victims as a form of reparation. In Corrections, the Department ensures court-ordered, pre-sentence chemical dependency assessments, related Drug Offender Sentencing Alternative specific examinations and treatment will occur for offenders sentenced to Drug Offender Sentencing Alternative in compliance with RCW 9.94A.660.

Some societies are willing to use executions as a form of political control, or for relatively minor misdeeds. Other societies reserve execution for only the most sinister and brutal offenses. Execution or. is still used around the world. Its use is one of the most heavily debated aspects of the criminal justice system. Others still have outlawed the practice entirely, believing the use of execution to be excessively cruel or hypocritical.

History
The modern criminal justice system has evolved since times, with new forms of, added for and victims, and reforms. During the, payment to the victim (or the victim's family), known as, was another common punishment, including for violent crimes. These developments have reflected changing, political ideals, and economic conditions. In ancient times through the Middle Ages, was a common form of punishment. For those who could not afford to buy their way out of punishment, harsh penalties included various forms of. These included, and , as well as

Though a prison,, existed as early as the 14th century in was not widely used until the 19th century. Correctional reform in the United States was first initiated by towards the end of the 17th century. For a time, criminal code was revised to forbid and other forms of cruel punishment, with and replacing corporal punishment. These reforms were reverted, upon Penn's death in 1718. Under pressure from a group of these reforms were revived in Pennsylvania toward the end of the 18th century, and led to a marked drop in Pennsylvania's crime rate. and others led significant reforms during the late eighteenth and early nineteenth centuries.


Legislature
A Legislature is a kind of with the power to pass, amend, and repeal The law created by a legislature is called In addition to laws, legislatures usually have exclusive authority to raise or lower and adopt the and other. Legislatures are known by many names, the most common being although these terms also have more specific meanings.

In the legislature is formally supreme and appoints a member from its house as the prime minister which acts as the In a, according to the doctrine, the legislature is considered an independent and coequal branch of government along with both the and the executive.

The primary components of a legislature are one or more or houses: assemblies that can and upon A legislature with only one house is called legislature possesses two separate chambers, usually described as an upper house and a lower house, which often differ in duties, powers, and the methods used for the selection of members. Much rarer have been legislatures; the still exists, but the most recent national example existed in the waning years of.
In most parliamentary systems, the lower house is the more powerful house while the upper house is merely a chamber of advice or review. However, in presidential systems, the powers of the two houses are often similar or equal. In it is typical for the upper house to represent the component states; the same applies to the supranational legislature of the. For this purpose, the upper house may either contain the delegates of state governments, as is the case in the European Union and in and was the case in the before 1913, or be elected according to a formula that grants equal representation to states with smaller populations, as is the case in and the modern United States.

Because members of legislatures usually sit together in a specific room to deliberate, seats in that room may be assigned exclusively to members of the legislature. In parliamentary language, the term seat is sometimes used to mean that someone is a member of a legislature. For example, saying that a legislature has 100 "seats" means that there are 100 members of the legislature, and saying that someone is "contesting a seat" means they are trying to get elected as a member of the legislature. By extension, the term seat is often used in less formal contexts to refer to an electoral district itself, as for example in the phrases.

A court is a form of often a with the between and carry out the administration of, and matters in accordance with the In both courts are the central means for and it is generally understood that all persons have an ability to bring their claims before a court. Similarly, the of a crime include the right to present a before a court.

The system of courts that interpret and apply the are collectively known as the. The place where a court sits is known as a. The room where court proceedings occur is known as a, and the building as a; court facilities range from simple and very small facilities in rural communities to large buildings in cities.

The practical authority given to the court is known as its jus dicere) -- the court's power to decide certain kinds of questions or petitions put to it. According to a court is constituted by a minimum of three parties: the actor or, who complains of an done; the reus or who is called upon to make satisfaction for it, and the judex or judicial power, which is to examine the truth of the fact, to determine the law arising upon that fact, and, if any injury appears to have been done, to ascertain and by its to apply a. It is also usual in the superior courts to have attorneys, and advocates or counsel, as assistants, though, often, courts consist of additional attorneys, and perhaps a jury.

The term "the court" is also used to refer to the or officials, usually one or more. The judge or panel of judges may also be collectively referred to as (in contrast to and ollectively referred to asthe). In the United States, and other common law jurisdictions, the term "court" (in the case of U.S. federal courts) by law is used to describe the judge himself or herself.

In the the legal authority of a court to take action is based on and venue over the parties to the litigation.

Jurisdiction
Jurisdiction, means "to speak the law," is the power of a court over a person or a claim. In the United States, a court must have both personal jurisdiction and subject matter jurisdiction. Each state establishes a court system for the territory under its control. This system allocates work to courts or authorized individuals by granting both civil and (in the United States, this is termed subject-matter jurisdiction). The grant of power to each category of court or individual may stem from a provision of a written or from an enabling. In, jurisdiction may be deriving from the common law origin of the particular court.

Trial and appellate courts are courts that hold. Sometimes termed "courts of first instance," trial courts have varying Trial courts may conduct trials with juries as the (these are known as or trials in which judges act as both finders of fact and (in some jurisdictions these are known as. Juries are less common in court systems outside the common law tradition.

are courts that hear of lower courts and trial courts.

Some courts, such as the may have both trial and appellate jurisdictions.

Civil law courts and common law courts
The two major models for courts are the civil law courts and the common law courts. Civil law courts are based upon the judicial system in France, while the common law courts are based on the judicial system in England. In most civil law jurisdictions, courts function under an. In the common law system, most courts follow the governs the rules by which courts operate: for private disputes (for example); and for violation of the criminal l

In particularly in correction, corrections, and correctional, are describing a variety of functions typically carried out by, and involving the and of persons who have been. These functions commonly include. A typical correctional institution is a. A correctional system, also known as a penal system, thus refers to a network of agencies that administer a prisons and community-based programs like parole and probation boards; this system is part of the larger which additionally includes and Jurisdictions throughoutand the Uk have ministries or departments, respectively, of corrections, correctional services, or similarly named agencies.

Corrections is also the name of a concerned with the theories, policies, and programs pertaining to the practice of corrections. Its object of study includes personnel training and management as well as the experiences of those on the other side of the fence — the unwilling subjects of the correctional process. Stohr and colleagues write that "Earlier scholars were more honest, calling what we now call corrections by the name, which means the study of punishment for crime."

The terminology change in US academia from "penology" to "corrections" occurred in the 1950s and 1960s, and it was driven by a new philosophy emphasizing. It was accompanied by concrete changes in some prisons, like giving more privileges to inmates, and attempting to instill a more communal atmosphere. At least nominally, most prisons became correctional institutions, and guards became correctional officers. Although the corrections-related terminology continued thereafter in US correctional practice, the philosophical view on offenders' treatment took an opposite turn in the 1980s, when the "get tough" program was labeled by academics as "The New Penolog

Conclusion
The use of sanctions, which can be either positive (rewarding) or negative is the basis of all criminal theory, along with the main goals of social control, and deterrence of behavior.

Many facilities operating in the United States adhere to particular correctional theories. Although often heavily modified, these theories determine the nature of the facilities' design and security operations. The two primary theories used today are the more traditional Remote Supervision and the more contemporary In the Remote Supervision Model, officers observe the inmate population from remote positions, e.g., towers or secure desk areas. The Direct Supervision Model positions within the inmate population, creating a more pronounced presence.
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