Criminal Justice Essay

2353 words - 10 pages

Criminal Justice System

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Introduction

The system consists of the crime, the accused, the courts and then the jail where the accused is sent in case he is found guilty of committing the crime. It is the entire paradigm within which the focus lies on finding out the real culprit of the crime and involves various stages through which the accused is sent in order to determine the real cause of the crime committed. There is a certain criminal law which determines the entirety of the criminal justice system, and it is within the law through which the various bodies within the system work collectively. It ...view middle of the document...

These agencies process suspects, defendants, and convicted offenders and are interdependent insofar as the decisions of one agency affect other agencies. The basic framework of the system is provided by the legislative, judicial, and executive branches of government (The Structure of Criminal Justice, 2011).

The law is designed in such a way that it allows for all the crimes which might be committed in the society to fall under its scope. The law is only the beginning when it comes to curbing the crime. It is just the starting point in the entire procedure to prevent the crime from happening.

The law is a code which contains various clauses designed to punish the wrongdoer in each and every circumstance.

Criminal law envelops the criminal procedure employed when charging, trying, sentencing and imprisoning defendants convicted of crimes, as well as regulation concerning how suspects are investigated, charged and tried. Criminal law is typically enforced by the government. The state, through a prosecutor, initiates the suit. Some subcategories of criminal law include Substantive Criminal law; Criminal Procedure; and the special problems and issues arising in administration and enforcement of criminal justice (Criminal Law, 2011).

Criminal law consists of the procedure code which lays down the emphasis on how the trial is to be conducted for the accused, as it contains everything from the beginning of the trial till the end of the trial.

Courts

The courts have a very specific role to play while dealing with law in criminal procedure. It is the duty of the court to be unbiased in its judgement and give both the parties a chance to be heard in essence. Courts usually listen to the prosecutor and the defence, and make their judgement according to the law prescribed. For example, if there is a case of murder, then the Court would look up the section of the criminal code which defines the punishment for murder, only after it is convinced that with respect to the evidence and all the data, the accused did murder the victim beyond reasonable doubt.

A trial may be held before either a judge and jury (a jury trial) or before a judge with no jury (a bench trial). The more serious criminal trials are held in General Sessions court. The judge or jury must listen to all the facts of the case and decide whether or not the defendant is guilty of the crime. If the defendant is found “not guilty,” he will be released from custody. If the defendant is found “guilty,” he may be sentenced right then or at a later time. Almost always the judge decides the sentence. Under South Carolina law, the jury decides the sentence only in cases in which the solicitor asks for the death penalty, called “capital” cases (The Criminal Court Process, n.d.).

A criminal trial is presented before the jury once sufficient evidence against the accused is acquired. The Court comes at the stage when it assesses the facts and...

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