24. Criminal justice institutions

2021 ◽  
pp. 719-741
Author(s):  
Steve Case ◽  
Phil Johnson ◽  
David Manlow ◽  
Roger Smith ◽  
Kate Williams
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Central Government ◽  
Separation Of Powers ◽  
Considerable Influence ◽  
Home Office ◽  
Governmental Agency ◽  
Independent Judiciary ◽  
The Government

This chapter explores the criminal justice institutions. In practice, the criminal justice system contains five distinct institutions that are responsible for delivering justice: the police, the Crown Prosecution Service (known as the CPS), the courts, probation providers, and prisons. Although they are all part of one overall system, each has different aims, roles, and challenges. Theoretically, the fact that these bodies are all accountable to the separation of powers concept should bring some unity in that it gives Parliament, the independent judiciary, and central government opportunities to shape the system to align with their version of justice. The government can exert considerable influence through the work of the Ministry of Justice or MoJ. The MoJ is currently the most important governmental agency in the criminal justice system, but the larger and more powerful Home Office is also involved to an extent, mainly with the police.

A “think piece” on intelligence, investigation and prosecution

2017 ◽  
Vol 24 (3) ◽  
pp. 449-460 ◽  
Author(s):  
David Fitzpatrick
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Financial Services ◽  
Justice System ◽  
Current System ◽  
Organised Crime ◽  
Home Office ◽  
Effective Response ◽  
Content Type ◽  
The Government

Purpose The purpose of this paper is to expose the failure of the criminal justice system of England and Wales to provide an effective response to widespread fraud and to point to sources from which a new doctrine may be created. The author’s approach draws on public sources, in particular, recent Home Office publications, the work of the House of Commons Home Affairs Committee and studies undertaken by the Mayor of London’s offices in 2014/2015. Design/methodology/approach The paper uses a critical assessment of the criminal justice system based on the author’s own experience as a fraud prosecutor. Findings Among the findings is that, while the failings of the current system have been apparent for some years, the extent and depth of the same failings have not been publicly realised, nor sufficiently acknowledged by the authorities. It has become obvious that the traditional response of the criminal justice system, when employed against fraud, will fail for want of anything corresponding to the resources required. A new doctrine will emerge as the Proceeds of Crime Act 2002 is revised and more flexibly employed. The Criminal Finances Bill also holds much promise, in particular, with its new offences akin to money laundering and the provision of powers of investigation at a significantly lower level of command among investigators. However, there remains an apparent reluctance in law enforcement to explain its methodology or to support reform, which would allow a fuller sharing of intelligence and appreciations of threats posed by fraud derived from intelligence with the financial services sector and the victim public. Originality/value The value of the paper is derived from the author’s long experience as a fraud prosecutor and as an adviser to the government, on fraud and organised crime, in a closely related jurisdiction with similar problems, but where greater success has been achieved, namely, Hong Kong.

Cultural competence in criminal justice

2015 ◽  
Vol 23 (5) ◽  
pp. 39-42
Author(s):  
Angela Herbert MBE
Keyword(s):  
Criminal Justice ◽  
Cultural Competence ◽  
Criminal Justice System ◽  
Justice System ◽  
Chief Executive ◽  
Skills Training ◽  
Voluntary Organizations ◽  
Content Type ◽  
The Government ◽  
Minority Ethnic

Purpose – Considers the role of cultural competence in the criminal-justice system and the crucial role that can be played by the right kind of training. Design/methodology/approach – Argues that there are no quick solutions to disproportionality of black and minority ethnic people in the criminal-justice system but advances the view that while individuals are incarcerated, it is important for the organization and its staff to make provisions that will make a difference. Findings – Suggests that any training provision should be made subject to those industries that are likely to employ black minority ethnic (BME) people, and that offering skills in prison that do not reflect cultural attainment in industry would be setting individuals up to fail. Practical implications – Urges that awareness and training should be embraced throughout all organizations from government policymakers, chief executive officers, management board, operational staff and partners, voluntary organizations and the client or user. Social implications – Argues that commitment from the government and the prison service can result in the provision of the kinds of cultural-competence learning and skills training that can more appropriately meet the needs of, in particular, BME individuals who are frequently ill-equipped when they leave the judiciary system. Originality/value – Concludes that this support would also help to communicate and promote awareness of other people’s cultures, provide insight into their understanding of the organization’s culture while also enabling the public to understand the importance of implementing positive change.

Digital Degradation

2020 ◽  
pp. 113-136
Author(s):  
Sarah Esther Lageson
Keyword(s):  
Big Data ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Social Inequality ◽  
Justice System ◽  
Digital Technologies ◽  
The Internet ◽  
Technological Systems ◽  
Big Data Technologies ◽  
The Government

Interviews with more than 100 people whose records appear online show how the ability to manage digital punishment is directly tied to a person’s familiarity with technological systems and their faith in bureaucracy. Instead of confronting the government or the criminal justice system, many people engage in digital avoidance, afraid that any attempts will only make the problem worse. This intersection between the criminal justice system and technology reproduces social inequality at the speed of the internet, disproportionately impacting people who have less access to and command over digital technologies. This chapter discusses the qualities of digital punishment, the strategies people who are experiencing digital punishment deploy to deal with their online stigma, and an explanation for why many people choose to engage in digital avoidance rather than try to have their online record removed. Rooted in theories of the digital divide and the disparate impact of big data technologies, the chapter concludes with a discussion of how digital punishment challenges long-held theories of criminal stigma, desistance, and rehabilitation.

Missing stitches

Interpreting ◽  
2008 ◽  
Vol 10 (1) ◽  
pp. 34-64 ◽  
Author(s):  
Ruth Morris
Keyword(s):  
Criminal Justice ◽  
Supreme Court ◽  
Criminal Justice System ◽  
Justice System ◽  
Fundamental Rights ◽  
Global Village ◽  
Police Investigations ◽  
The Government ◽  
Mere Existence

Along a continuum of interlingual interpreting which begins with police investigations and may end in a supreme court, consistent quality must be assured in order to comply with the standards of justice to which enlightened countries aspire and lay claim. With the advent of the global village, the quantity of cases requiring language mediation has exploded exponentially. The issues involved are not new, and simply put involve arranging for the provision of competent interpreters throughout the criminal justice system. However, the actual provision of quality interlingual interpreting in a criminal justice system is not a straightforward enterprise. The mere existence of legislation requiring the provision of interpreters in courts is not the key element. Nor are insightful comments made by appellate judges in cases brought because of an absence of satisfactory language arrangements. The article shows the problematic nature of interpreting arrangements in the criminal justice system for which the government and its players — even judges — assume no responsibility. The resultant “missing stitches” are likely to deprive those who do not speak the language of the proceedings of their fundamental rights.

scholarly journals HAK NARAPIDANA DALAM SISTEM PEMASYARAKATAN DITINJAU DARI PERSPEKTIF HAK ASASI MANUSIA

2018 ◽  
Author(s):  
Fransiska Novita Eleanora
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Point Of View ◽  
Human Being ◽  
System P ◽  
Correctional System ◽  
A Priority ◽  
The Government

Prisoners are persons who undergoing punishment for committed crimes. According to the verdict, a criminal shall be sentenced in prison. However, the rights of the prisoners are protected by the correctional system, and keep them as human being as a whole. They are rehabilitated, guided, and nurtured which the aims is to make them back to community after the sentencing is finished. From the point of view of human rights, are correctional system was made to protect the rights of criminal, where the criminal remains a priority for the government within the criminal justice system.

scholarly journals The Right of the Accused to Compensation in the Iranian Criminal Justice System

2018 ◽  
Vol 1 (1) ◽  
pp. 76
Author(s):  
Mansour Rahmdel
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Penal Code ◽  
Procedure Code ◽  
The Government ◽  
The Right ◽  
International Conventions ◽  
Rule Out

<em>Normally, the right to compensation refers to the victim’s compensation. The legislator also typically refers to the right to it, as the Iranian Criminal Procedure Code has done so in articles 14 and 15. But the present paper, refers not to the victim’s, but the accused right. The Criminal Procedure Code of 1912 and 1999 referred to the possibility of compensating the accused by the iniquitous private complainant. However, none of them referred to the government’s obligation to compensate to the innocent accused. In contrast, the Penal Code of 2014 stipulates the government’s obligation to compensate the defendant for damages, but does not rule out the possibility of compensation by iniquitous complainant. Certainly, it does not exempt the complainant to compensation. Reaffirming the responsibility of the government to offset the losses of innocent accused, in line with international conventions, is one of the highlights of the new code. But the lack of compensation for unjustified detention is one of the gaps in the new code. This paper proposes that the Iranian new code of criminal procedure, serves as a development in respecting the accused right in creating comprehensive compensation schemes.</em>

scholarly journals PERLINDUNGAN HUKUM TERHADAP PEREMPUAN KORBAN KEKERASAN DALAM RUMAH TANGGA DALAM SISTEM PERADILAN PIDANA DI KOTA JAMBI

2018 ◽  
Vol 18 (1) ◽  
pp. 168
Author(s):  
Ferdricka Nggeboe
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Protection ◽  
Protection Theory ◽  
The Republic ◽  
The Government ◽  
Victims Of Violence ◽  
Husband And Wife

The marriage bond that is conducted aims to form a happy prosperous household, eternal and lasting under the protection of God Almighty, with the aim, automatically the family should be fostered as well as possible, mutual love and affectionate love between husband and wife and children . Each couple wishes for a harmonious married life, but not forever the condition of the household between husband and wife good and peaceful, because sometimes there are quarrels and bickering, which often leads to the occurrence of violence in the household that eventually happened to a percerarian. The legal policy issued by the Government of the Republic of Indonesia to anticipate violence especially domestic violence is Law Number 23 Year 2004 on the Elimination of Domestic Violence (PKDRT). This law is expected to reveal the various violations in the household and the protection of the rights of victims of violence without exception, therefore the question to be answered in this study is, How to protect the law against women victims of domestic violence in the criminal justice system in the City Jambi. This research uses empirical juridical type, and as its analysis knife the researcher uses legal protection theory, that is preventive law protection and repressive law protection. The emphasis of the analysis on the fact that repressive legal protection in the criminal justice system is reflected from the case reporting process until the case is decided by the judge in court. In addition to a brief overview of the process of domestic violence in the criminal justice system, there are also some judges' decisions on cases with free decisions and verdicts stating that the case was revoked. That the repressive legal protection of victims of domestic violence through the decision of a court of a criminal verdict has shown the comparison of law, although it is still far from the legal certainty.Keywords: Legal Protection Against Women, Domestic Violence Victims, Criminal Justice System

scholarly journals Legal Protection Reform for Children Conflicted with Law

Rechtsidee ◽  
2014 ◽  
Vol 1 (1) ◽  
pp. 59
Author(s):  
Emy Rosna Wati
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Court ◽  
Legal Protection ◽  
Victims Of Crime ◽  
The Law ◽  
The Government

The government has long been giving protection to children. Protection is reflected in the issuance of various Law. One of them is the Law No. 23 of 2003 on Child Protection. The legal protection of children in conflicted with law and child as victims of crime are regulatedin articlenumber 64. Issuance of Law No. 3 of 1997 on Juvenile Court actually originates from a passion for protecting the rights of children in conflicted with the law. However, due to inadequate understanding and mindset of Juvenile Court, which is do not have the children’s perspective, what comes up is that the substance of Law on Juvenile Court is not to protect children but to prosecute children. However, after the release of Law No. 11 of 2012 onThe Criminal Justice System of Children, legal protection of children in conflict with the law was encouragingly reformed. How To Cite: Rosna Wati, E. (2014). Legal Protection Reform for Children Conflicted with Law. Rechtsidee, 1(1), 59-70. doi:http://dx.doi.org/10.21070/jihr.v1i1.101

scholarly journals The Criminal Justice System as Enablement for Social Order in Nigeria

2019 ◽  
Vol 17 (1) ◽  
pp. 72-86
Author(s):  
Darlington Iwarimie-Jaja ◽  
Raimi Lasisi
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Social Order ◽  
Justice System ◽  
Data Gathering ◽  
Complementary Method ◽  
The People ◽  
Content Analysis Method ◽  
The Rich ◽  
The Government

The place of the Criminal Justice System (CJS) in ensuring and sustaining social order in any country has been long established especially with the understanding that norms, rules, and laws act as social adhesives for society. However, some countries in the developing world seem to be grappling with significant challenges associated with criminal justice delivery as a consequence of the real and perceived inefficiency of the CJS in dealing with deviant issues. This to a large extent tend to undermine social order and by extension the collective conscience of the people. In Nigeria, criminal justice issues have attracted strong theoretical and practical affronts with the dominant perspective being that the poor are often denied justice in favour of the rich with adverse implications for social order. As a result, this paper examined the issue of the CJS in order to show how this affects social order in Nigeria. The paper adopts the content analysis method for data gathering and the qualitative approach to data analysis. Also, the Marxist Political Economy perspective is adopted as the theoretical framework as well as a complementary method of analysis. The paper submits that in a society like Nigeria where criminal justice is significantly defined by the politics of corruption, social order will be largely elusive and in its place, there will be an obvious consistency in criminal activities in the country. The paper recommends among others that the government should strengthen the criminal justice system and provide an enabling environment for it to function effectively if social order is to be achieved in Nigeria.

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