Criminal Justice

Sadržaj

1. Criminal justice........................................................2
2. Goals.......................................................................2
3. Law..........................................................................3
4. Criminal justice system............................................3

4.1.

Police............................................................4

4.2.

Courts...........................................................4

4.3.

Correstions....................................................6

5. Academic discipline.................................................8
6. History of criminal justice.........................................9

6.1.

Modern police...............................................9

7. Variation of justice...................................................10
8. Understendings of justice........................................11

8.1.

Justice as harmony.......................................11

8.2.

Justice as divine command...........................12

8.3.

Justice as natural law....................................12

8.4.

Jsutice as human creation.............................12

8.4.1. Justice as trickery.....................................13
8.4.2. Justice as mutual agreement....................13

8.5.

Justive as a subordinate value.......................13

9. Theories of retributive justice....................................14

9.1.

Utilitarianistm..................................................14

9.2.

Retributivism...................................................15

9.3.

Mixed theories................................................15

Criminal justice

Criminal justice is the system of practices and institutions of

governments

directed at

upholding

social control

deterring

and mitigating

crime

, or sanctioning those who

violate

laws

with criminal penalties and

rehabilitation

efforts. Those accused of crime

have

protections

against abuse of investigatory and prosecution powers.

According to most theories of justice, it is overwhelmingly important:

John Rawls

claims

that "Justice is the first virtue of social institutions, as truth is of systems of
thought." Justice can be thought of as distinct from and more fundamental
than

. Justice has traditionally

been associated with concepts of

fate

reincarnation

Divine Providence

, i.e. with a life

in accordance with the cosmic plan. The association of justice with

fairness

has thus

been historically and culturally rare and is perhaps chiefly a modern innovation [in
western societies].

Studies at

UCLA

in 2008 have indicated that reactions to fairness are "wired" into the

brain and that, "Fairness is activating the same part of the brain that responds to food in
rats... This is consistent with the notion that being treated fairly satisfies a basic
need". Research conducted in 2003 at

Emory University

Georgia

, involving Capuchin

Monkeys demonstrated that other cooperative animals also possess such a sense and
that "

inequity aversion

may not be uniquely human." indicating that ideas of fairness and

justice may be instinctual in nature.

Goals

In the United States, criminal justice policy has been guided by the 1969 President's
Commission on Law Enforcement and Administration of Justice, which issued a ground-
breaking report "The Challenge of Crime in a Free Society." This report made more than
200 recommendations as part of a comprehensive approach toward the prevention and
fighting of crime. Some of those recommendations found their way into the

Omnibus

Crime Control and Safe Streets Act of 1968

. The Commission advocated a "systems"

approach   to   criminal   justice,   with   improved   coordination   among   law   enforcement,
courts,   and   correctional   agencies. The   President's   Commission   defined   the   criminal
justice system as the means for society to "enforce the standards of conduct necessary
to   protect   individuals   and   the   community."   The   criminal   justice   system

criminal justice system, these distinct agencies operate together both under the

rule of

law

and as the principal means of maintaining the

rule of law

within

society

Police

The first contact an

offender

has with the criminal justice system is usually with

the

police

(or

law enforcement

) who investigate a suspected wrong-doing and make

arrest

. 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. The term is most commonly associated with police departments of a

state

that

are authorized to exercise the

police power

of that state within a defined legal or

territorial area of responsibility. The word comes from the

Latin

politia

("civil

administration"), which itself derives from the

Ancient Greek

πόλις, for

polis

("city"). The

first police force comparable to the present-day police was established in 1667 under
King

Louis XIV

France

, although modern police usually trace their origins to the 1800

establishment of the

, the

, and tfukc u

Police are primarily concerned with keeping the peace and enforcing

criminal law

based

on their particular mission and jurisdiction. Formed in 1908 the

Federal Bureau of

Investigation

began as an entity which could investigate and enforce specific federal

laws as an investigative and "

law enforcement agency

" in the

United States

, this,

however, has constituted only a small portion of overall policing activity Policing has
included an array of activities in different contexts, but the predominant ones are
concerned with

order maintenance

and the provision of services.

Courts

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 critical people are referred to as the courtroom work group and
include both professional and non professional individuals. These include
the

judge

prosecutor

, and the

defense attorney

. The judge, or magistrate, is a person,

elected or appointed, who is knowledgeable in the law, and whose function is to
objectively administer the legal proceedings and offer a final decision to dispose of a
case.

In the U.S. and in a growing number of nations,

guilt

or innocence (although in the U.S.

a jury can never find a defendant "innocent" but rather "not guilty") is decided through
the

adversarial system

. In this system, two parties will both offer their version of events

and

argue

their case before 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 sound and compelling arguments based on the law as applied to the facts of
the case.

The prosecutor, or district attorney, is a

lawyer

who brings charges against a person,

persons or corporate entity. It is the prosecutor's duty to explain to the court what crime
was committed and to detail what

evidence

has been found which incriminates the

accused. The prosecutor should not be confused with a

plaintiff

or plaintiff's 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
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. 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

rebuttal

to the prosecutor's 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,
in

Tudor

England

criminals accused of

treason

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.

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

jury

panel composed 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)