PAPER ABSTRACT ON CRIMINAL JUSTICE SYSTEM
Category : Criminal Justice System
Introduction of the Argument
The criminal justice system is an arrangement of laws and decrees which guard and save community members and their property from harm. It resolves occurrences bringing about harm or offense to community members, which are considered to be criminal. Criminal offenders may possibly be reproved by means of law by fines, incarceration and/or community service. In the case of Australia, it is the contention of this paper that the criminal justice system that is implemented is considerably fair and effective to an extent in which one could expect. The following parts will be specifying the reason for this claim through the use of facts and figures obtained from government publications and existing literature.
Explanation of the Argument
All cultures build up arrangements of upholding order. This is done frequently by means of the ratification of proposed laws and common law. Australia acquired its criminal justice system from the English system at the period of colonization. From that point in time, Australian judges have construed, implemented and created this collection of laws. Moreover, the Australian legislatures have similarly added to them by means of legislation.
Whereas, alike in makeup, every State and Territory has its individual criminal justice system. In consequence, rules, punishments and rehabilitations for lawbreakers and preparations for overseeing justice are different across State/Territory borders. Efforts at enhancing the criminal justice system in Australia have frequently centered on acquiring larger uniformity connecting the State systems. Case development throughout the criminal justice system goes through three stages. This includes the investigative element. This phase is prevailed over by the law enforcement agencies such as the state and federal police, and the National Crime Authority. The second phase is the adjudicative element. This is composed of the court systems in which the investigative component of the criminal justice system hands over seized individuals who were suspected to have violated the laws of the land. It is in this phase where the arrested individual is proven guilty or innocent by the court system by means of deliberating legal codes and principles. The last phase is where the penal or correctional element comes into effect. It is in this stage where the adjudicated individual, who has been proven guilty, are rehabilitated through incarceration in jails and other correctional systems.
On a theoretical note, in 1968 Herbert Packer advocated a couple of models for the criminal justice system, crime control and due process. He intended to reveal how these two dissimilar paradigms, struggle for .