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Criminal Justice System


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Criminal Justice System

  1. 1. Criminal Justice System Avinash Rajput Criminology 2nd Semester Lok Nayak Jayprakesh Narayana National Institute of Criminology and Forensic Science Ministry of Home Affairs
  2. 2. Defination  The term criminal justice refers to the agencies of government charged with enforcing law, adjudicating criminals, and correcting criminal conduct.  A criminal justice system is a set of legal and social institutions for enforcing the criminal law in accordance with a defined set of procedural rules and limitations.  A criminal justice system is a set of legal and social institutions for enforcing the criminal law  The phrase criminal justice system refers to a collection of federal, state, and local public agencies that deal with the crime problem
  3. 3. Objectives of Criminal Justice System  To prevent the occurrence of crime  To punish the criminals  To rehabilitate the criminals  To compensate the victims as far as possible  To maintain law and order in the society  To deter the offenders from committing any criminal act in the future
  4. 4. The Branches of Criminal Justice System  LEGISLATIVE BRANCH  JUDICIAL BRANCH  THE EXECUTIVE BRANCH
  5. 5. LEGISLATIVE BRANCH  Defines criminal behavior  Establishes penalties  Passes laws governing criminal procedure  provide funding for criminal justice agencies
  6. 6. JUDICIAL BRANCH  The guilt of persons charged with crimes  Interpret the law  Administers the process by which criminal responsibility is determined
  7. 7. THE EXECUTIVE BRANCH  Executive power is given to the president, governors, and mayors  Carries out (executes) many acts of government  Holds powers of appointment and Pardons  They can lead efforts to improve criminal justice  Provides leadership for crime control
  8. 8. The major components of the Criminal Justice System
  9. 9. POLICE      Enforce laws Investigate crimes Apprehend offenders Maintain public order rotect rights/freedoms of indivduals
  10. 10. Hierarchy of Police
  11. 11. COURT  Place where “arguments” get settled  Court applies the law to the argument at hand  Court give the punishment Thera are mainly three types of Court  District Court  High Court  Supreme Court
  12. 12. Main Components of Court  JUDGE  PUBLIC PROSECUTOR  DEFENCE LAWYER
  13. 13. CORRECTION  Rehabilitate and reform offenders  Protect the community  Humane custody
  14. 14. Hierarchy of Prison
  15. 15. Criminal Justice System as a Filtering Process
  16. 16. Key Players in Criminal Justice System  POLICE  PUBLIC PROSECUTOR  DEFENCE LAWYER  JUDGE
  17. 17. POLICE  Investigate the case  Arrest the accused  Collect the evidence  Keep the peace  Prevent crime  Provide social services
  18. 18. PUBLIC PROSECUTOR  Lawyers who represent the state and conduct criminal cases against defendants  The role of the Prosecutor begins once the police filed the chargesheet in the court  The Prosecutor must conduct the prosecution on behalf of the Police investigation  It is his/her duty to present all the facts, witnesses and evidence before the court  He/She has the right to a speedy trial
  19. 19. Hierarchy of Prosecution
  20. 20. DEFENCE LAWYER  Represent the accused after arrest to give advice  Investigate details of the offense on behalf of the accused  Discuss the case with the prosecutor and test the strength of the state’s case  Represent the accused at bail hearings  Represent the accused at trial  Present an appeal
  21. 21. JUDGE  The judge is like an umpire in the Court  The judge hears all the witnesses and see the evidence presented by the both parties  The judge decides whether the accused person is guilty or innocent  If the accused is convicted, then the judge pronounces the sentence  He may send the person to jail or impose a fine or both according to the law prescribes
  22. 22. Purpose of Criminal Justice System  DOING JUSTICE  CONTROLLING CRIME  PREVENTING CRIME
  23. 23. Steps in the criminal justice process  Investigation  Arrest  Prosecution  Filing of an information by a prosecutor  Arraignment by a judge  Pretrial detention or bail  Plea bargaining  Trial/adjudication of guilt  Sentencing by a judge  Appeals  Punishment or rehabilitation
  24. 24. Types of Criminal justice system  INQUISITORIAL PROCESS  ADVERSARY PROCESS
  25. 25. INQUISITORIAL PROCESS  This System relates basically to Romano Germanic System of Law  This is also known as civil law system  The Judge can play active role  The accused must help to the prosecutor and the court
  26. 26. ADVANTAGE OF INQUISITORIAL PROCESS  The court plays substantive role in the trial to secure justice  All the component of criminal justice system must help to secure justice  Any distortion can be easily detected with the effort of the court
  27. 27. DISADVANTAGE OF INQUISITORIAL PROCESS  Equal treatment of the law for all segments of the society is not entertained
  28. 28. ADVERSARY PROCESS  Adversary mode of justice is close to Anglo-American system  It advocates the supremacy of law  The Judge play the role like a football umpire  The accused need not cooperate with the police and he can remain silent in the court throughout the trial  The prosecutor must prove the accused guilt beyond the reasonable doubt
  29. 29. ADVANTAGE OF ADVERSARY PROCESS  It insists upon strict observance of procedural law  The representation of lawyer from both sides is indispensable  The accused has right to silence  He need not give evidence from his side  Prosecution must prove the guilt beyond reasonable doubt  The accused may claim benefit of doubt
  30. 30. DISADVANTAGE OF ADVERSARY PROCESS  The accused does not help the police  The police must work on his own strength against the accused  Contest on technical error in the court is possible  The court is helpless to correct it  The police sometime may not be able to find sufficient evidence against the accused  This leads to dropping-out of the case
  31. 31. Improve criminal justice system in India  Simplification of Rules and Procedures  Repealing of Outdated Laws  Criminal Law Amendment  Police as Investigative Agency  Judicial Accountability  Appointment, Promotion and Transfer of Judges  Average Judge-Population Ratio  Perjury and Contempt Of Court  Efficient Public Prosecutor  Transparency of Court Proceedings  Time Bound Filling of Vacant Post in the Judiciary