History of Criminal Justice Essay

The modern sinful referee dodging has evolved since old-fashionedtimes, with new forms ofpunishment, addedrightsforoff restersand victims, andpolicingreforms. These developments have reflected changingcustoms, semipolitical ideals, and economic conditions. In ancient times through the middle Ages,exilewas a common form of punishment. During theMiddle Ages, salary to the victim (or the victims family), known aswergild, was some other common punishment, including for violent hatreds.For those who could not afford to buy their way out of punishment, harsh penalties included various forms ofcorporal punishment. These includedmutilation,branding, andflogging, as well asexecution. Though a prison,Le Stinche, existed as early as the 14th century inItaly, incarcerationwas not widely employ until the 19th century. correctional reform in the United States was initiative initiated byWilliam Penn, towards the end of the 17th century. For a time,Pennsylvanias whitlow code was revised to forbid anguishand other forms of cruel punishment, withjailsandprisonsreplacing corporal punishment.These reforms were reverted, upon Penns death in 1718. Under pressure from a group of boosters, these reforms were revived in Pennsylvania toward the end of the 18th century, and led to a marked drop in Pennsylvanias crime rate. Patrick Colquhoun,Henry Fieldingand others led significant reforms during the late 18th and early nineteenth centuries. 19 Definition Criminal justiceis the system of practices and institutions ofgovernmentsdirected at upholdingcontrol, deterringand mitigatingcrime, or sanctioning those who violatelawswith criminal penalties andrehabilitation efforts.Those charge of crime haveprotectionsagainst abuse of investigatory and prosecution powers. The criminal justice system consists of three main partitionings (1)Legislative(create laws) (2) adjudication (courts) and (3)corrections(jails, prisons, probation and parole). In the criminal justice system, these disti nct agencies operate together both under therule of lawand as the principal means of maintaining therule of lawwithinsociety. PolicingThe first communicate anoffenderhas with the criminal justice system is usually with the jurisprudence(orlaw enforcement) who investigate the suspected wrongdoing and make anarrest, but if the suspect is dangerous to the strong nation, a national directlaw enforcement agencyis called in . When warranted, law enforcement agencies or jurisprudence officers be empowered to use force and other forms of judicial coercion and means to effect unrestricted and social order. The term is most commonly associated with police departments of a domainthat are authorized to exercise thepolice powerof that state within a defined legal or territorial area of responsibility.The word comes from theLatinpolitia( civil administration), which itself derives from theAncient Grecian , forpolis(city). The first police force comparable to the present-day police was est ablished in 1667 under KingLouis XIVin France, although modern police usually trace their origins to the 1800 establishment of theMarine PoliceinLondon, theGlasgow Police, and theNapoleonicpolice of Paris. Police are primarily concerned with keeping the peace and enforcingcriminal lawbased on their particular mission and jurisdiction.Formed in 1908 theFederal Bureau of Investigationbegan as an entity which could investigate and enforce specific federal laws as an investigative and law enforcement agency in the United States10this, however, has constituted only a small portion of overall policing activity. 11Policing has included an array of activities in different contexts, but the predominant ones are concerned withorder maintenanceand the provision of services. 12 Courts Courts of Law The courts dish up 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 criti cal people are referred to as the courtroom work group and include both professional and non professional individuals. These include thejudge,prosecutor, and thedefense lawyer. The judge, or magistrate, is a mortal, elected or appointed, who is knowledgeable in the law, and whose function is to objectively administer the legal proceedings and convolution a final decision to dispose of a case. In the U. S. and in a increase number of nations, criminalityor innocence (although in the U.S. a venire can never find a defendant innocent but preferably not guilty) is decided through theadversarial system.In this system, two parties will both offer their version of events andarguetheir case in advance the court (sometimes before a judge or panel of judges, sometimes before a jury). The case should be decided in favor of the party who offers the most expectant and compelling arguments based on the law as applied to the facts of the case. The prosecutor, or district attorney, is alawye rwho brings charges against a person, persons or corporate entity.It is the prosecutors duty to explain to the court what crime was committed and to detail what deductionhas been found which incriminates the accused. The prosecutor should not be confused with aplaintiffor plaintiffs counsel. 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.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 attorneys duty to represent the interests of the client, raise procedural and evidentiary issues, and h old the prosecution to its preventive of proving guilt beyond a reasonable doubt. 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 arebuttalto the prosecutors accusations.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. 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. For example, inTudorEngland criminals accused oftreasonwere 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.The final determination of guilt or innocence is typically made by a third party, who is supposed to be disinterested. This fun ction may be performed by a judge, a panel of judges, or ajurypanel tranquil of unbiased citizens. 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 majorityvoteis required. In America, this process depends on the state, level of court, and even agreements between the prosecuting and defending parties.Some nations do not use juries at all, or rely on theological or military governance to issue verdicts. Some cases can be disposed of without the need for a trial. 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. Some nations, such as America, allowplea bargainingin which the accused pleads guilty,nolo contendereor not guilty, and may accept a diversion program or reduced punishment, where the prosecutions case is weak or in exchange for the coo peration of the accused against other people.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, accept that it coerces innocent people to plead guilty in an attempt to avoid a harsh punishment. The immaculate trial process, whatever the country, is fraught with problems and subject to criticism. Biasanddiscriminationform an ever-present threat to an objective decision. Any prejudiceon the part of the lawyers, the judge, or jury members threatens to destroy the courts credibility.Some people argue that the often Byzantine rules governing courtroom conduct and processes restrict a laypersons ability to participate, essentially reducing the legal process to a battle between the lawyers. In this case, the criticism is that the decision is based less on sound justice and more on the lawyers eloquence andcharisma. This is a particular problem when the lawyer performs in a substandard ma nner. 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. 13 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. Interpol TheInternational Criminal Police face(ICPO), widely known asINTERPOL,3is anintergovernmental organizationfacilitating international police cooperation. It was established as the International Criminal Police Commission (ICPC) in 1923 and adopted its telegraphic promise as its common name in 1956.Its membership of 190 countries provides a budget of around 60 million through annual contributions. The organizations headquarters is inLyon, France. It is the second largestintergovernmental organizationafter theUni ted Nationsbymember states. In 2011, the Interpol General Secretariat employed a staff of 673 representing 93 member countries. 1Its current Secretary-General isRonald Noble, a former United StatesUnder Secretary of the Treasury for Enforcement. SucceedingKhoo Boon Hui, its current President is Deputy Central conductor of the French Judicial PoliceMireille Ballestrazzi.In order to maintain as politically neutral a role as possible, Interpolsconstitutionforbids it to approach any interventions or activities of a political, military, religious, or racial nature. 4Its work focuses primarily on public safety,terrorism,organized crime,crimes against humanity,environmental crime,genocide,war crimes,piracy, illicittrafficinworks of art,illicit drugproduction,drug trafficking,weapons smuggling,human trafficking,money laundering,child pornography,white-collar crime,computer crime,intellectual property crimeandcorruption.Interpols headquarters are located inLyon, France. Corrections Offender s are then turned over to the correctional authorities, from the court system after the accused has been found guilty. Like all other aspects of criminal justice, the administration ofpunishmenthas taken many different forms throughout history. Early on, when civilizations lacked the resources necessary to construct and maintain prisons,exileandexecutionwere the primary forms of punishment. Historically pathospunishments andexilehave in like manner been used as forms of censure.The most publicly visible form of punishment in the modern era is theprison. Prisons may serve as detention centers for prisoners after trial. For containment of the accused, jails are used. Early prisons were used primarily to sequester criminals and little thought was given to living conditions within their walls. In America, theQuakermovement is commonly credited with establishing the idea that prisons should be used to reform criminals. This can also be seen as a critical moment in the debate regarding t he purpose of punishment. Punishment (in the form of prison time) may serve a variety of purposes.First, and most obviously, the incarceration of criminals removes them from the general population and inhibits their ability to rend further crimes. A new goal of prison punishments is to offer criminals a chance to be rehabilitated. Many modern prisons offer schooling or melody 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 in howevering a sense of morality in the prisoners. 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. Monetaryfinesare one of the oldest form s of punishment still used today. These fines may be paid to the state or to the victims as a form of reparation. Probationandhouse arrestare also sanctions which seek to restore a persons 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. In Corrections, the Department ensures court-ordered, pre-sentence chemical dependency assessments, related Drug Offender Sentencing secondary specific examinations and treatment will occur for offenders sentenced to Drug Offender Sentencing Alternative in compliance with RCW 9. 94A. 660. Execution orcapital punishmentis still used around the world. Its use is one of the most heavily debated aspects of the criminal justice system.Some societies are willing to use executions as a form of political control, or for relatively minor misdeeds. Other societies reserve e xecution for only the most sinister and brutal offenses. Others still have outlawed the practice entirely, believing the use of execution to be excessively cruel or hypocritical. History of criminal law The first civilizations generally did not distinguish betweencivil lawand criminal law. The first written codes of law were designed by the Sumerians.Around 2100-2050 BCUr-Nammu, theNeo-Sumerianking ofUr, enacted the oldest written legal code whose text has been detect theCode of Ur-Nammu although an earlier code ofUrukaginaofLagash( 2380-2360 BC ) is also known to have existed. Another important early code was theCode Hammurabi, which formed the core ofBabylonian law. Only fragments of the early criminal laws ofAncient Greecehave survived, e. g. those ofSolonandDraco. 2 The similarly significantCommentariesofGaiuson theTwelve Tablesalso conflated the civil and criminal aspects, treating theft orfurtumas atort.Assault and violentrobberywere analogized to trespassas to property. Brea ch of such laws created an obligation of law orvinculum juris discharged by payment of monetary compensation ordamages. The criminal law ofimperial Romeis collected in Books 47-48 of theDigestAfter the revival ofRoman lawin the 12th century, sixth-century Roman classifications and jurisprudence provided the foundations of the distinction between criminal and civil law inEuropeanlaw from then until the present time The first signs of the modern distinction between crimes and civil matters emerged during the Normanof England.The special imagination of criminal penalty, at least concerning Europe, arose in Spanish Late Scolasticism (seeAlfonso de Castro), when the theological notion of Gods penalty (poena aeterna) that was inflicted solely for a guilty mind, became transfused into canon law first and, finally, to secular criminal law. 6The development of thestatedispensingjusticein a court clearly emerged in the eighteenth century when European countries began maintaining police servi ces. From this point, criminal law had formalized the mechanisms for enforcement, which allowed for its development as a glaring entity.Objectives of criminal law Criminal law is distinctive for the uniquely serious potential consequences orsanctionsfor failure to abide by its rules. 7Every crime is composed ofcriminal elements. Capital punishmentmay be imposed in some jurisdictions for the most serious crimes. Physical orcorporal punishmentmay be imposed such aswhippingorcaning, although these punishments are prohibited in much of the world. Individuals may beincarceratedinprisonorjailin a variety of conditions depending on the jurisdiction. Confinement may be solitary. Length of incarceration may vary from a day to life.