Crimianal Justice System Essay Research Paper INTRODUCTIONThe

Crimianal Justice System Essay, Research Paper

INTRODUCTION

The criminal justice system is a network of agencies that responds to crime, including police, courts and prisons. It has come a long way since the medieval period where torture was commonplace in the pursuit of justice. It is a well thought out system, but like other organizations, it has flaws. One of its major flaws is discrimination, on the basis of ethnicity, gender and class.

In determining the fairness and effectiveness of the criminal justice system, the discretionary powers of the various agencies need to be evaluated. Is this power being abused in a discriminatory manner.

With 5.5 billion dollars being spent on the criminal justice system every year, it can be considered “as enormously expensive, overly adversial in nature, disempowering, and customarily ignoring the rights of victims.” Is this because they may conflict with the rights of the defendant.

In determining how fair and effective the criminal justice system is, all aspects in relation to discretionary powers, discriminatory behaviour and procedures, police, the judiciary, corrections, Juvenile Justice, Indigenous issues, victims rights and offender rights need to be scrutinized and evaluated.

DISCRIMINATION

Indigenous people, the unemployed, low-income, and the poorly educated, appear to be the main targets in law enforcement, they also constitute the main proportion of our prison population. When comparing the legal treatment of conventional and corporate offenders, it would seem that they are also treated harsher than middle class offenders. White-collar crime may be “non-violent and sophisticated,” but it can have a life long impact, yet the ‘get tough’ policies are rarely used for this type of crime. Moreover, the wealthy have greater access to legal advice. The social standing of the judiciary may also be a relevant factor here; after all, how many judges are “women, Aboriginal, working class people.” Do they reflect their values and attitudes of their age, class, race and gender in their “legal decision making,” Moreover, “a communities sense of justice can be violated “ if everyone is not treated equally. Considering the criminal justice system is supposed to “look after everyone’s interests without fear or favour,” this could compromise the effectiveness of the criminal justice system.

Irrespective of being the victim or offender, women appear to be treated unfairly and inequitably. This is not surprising, considering our laws and institutions are dominated by males. Moreover, facilities available for women are inappropriate, lacking programs and services. However, Queensland had taken measures to address this problem, by establishing a women’s unit to “explore problems” relating to female prisoners. If incarcerated, they also spend most of their sentence in maximum security despite being imprisoned for less serious or violent offences than men.

Discrimination against Aboriginal people is evident, resulting in them being disproportionately represented in the criminal justice system. However, this is discussed in more detail later in the paper.

DISCRETIONARY POWER

Discretionary justice allows officials of the criminal justice system to incorporate extenuating circumstance “to make a choice on possible action or inaction.” This can result in inconsistencies, and is open to being compromised by emotions, bribery, political favroutism, racism and other forms of prejudices.

Police have enormous discretionary powers. Having the power to either charge or divert them from the criminal justice system. Similarly, the Department of Public Prosecutions exercise considerable discretion in interpreting Prosecutional Guidelines and making final decisions.

Inconsistencies may appear to occur in the sentencing process, as discretion is needed when interpreting the facts of a case. However, “the doctrine of precedent has evolved,” bounding judges to earlier decisions made by the “court at a higher level.” Moreover, “A Uniform Criminal Code” was passed in 1995, to be applied to all Australian jurisdictions from 2001, which will enhance a “unified approach in the administration of the criminal justice system.

The use of discretion is justified because of the ambiguity of the law, being a consequence of limited resources, and for equity and justice, to avoid unnecessary and counter-productive intervention. However, it can also cause infringements on the ‘rule of law’, by violating civil rights, due process and natural justice.

POLICING

The discretionary power of police has the potential for abuse; with corruption being an entrenched part of the police culture. However, accountability is maintained through agencies such as the Ombudsman or Police Internal Affairs. Some complaints about police have included inappropriate responses to hate crimes against homosexuals, and not taking complaints of racial abuse, seriously by non-English speaking persons.

Traditional policing methods are reactive, focusing on street crime and the protection of private property, which could be seen to reflect the interests of the dominant group. On the other hand, community policing acknowledges that the community have an “active role to play in the policing process,” with programs such as Neighborhood Watch being established.

It is difficult