American Criminal Justice Systems and Functions

bend justice is the system of legislation, practices and institutions used by the federal, terra firma and local brass activitys to state social order by controlling curse and punishing those who violate the set immanent fair plays with savage penalties. In the past, the society had their own directions in which they controlled behavior of singulars and multitudes so that social order would be achieved. Most societies were controlled by norms, beliefs and values which ensured all individual or group confirmed to the societal set values. The indigenous societies sanctioned the members who did not adjust to the societal values and norms.Type of sanction differed from society to society. In some societies, those who violated societal values by engaging in brutal and deviant behavior, for instance, bumble, the individual in intimately societies was perceived as risky omen and the sanction embarrassd communication from society or burning the person into ashes. The sanc tions encouraged uni constructity in the society (Cole, 1999). In the modern times, norms still control behavior in some societies by immigration and intercultural interactions have limited the behavior control through norms.the States in particular is inhabited by people from assorted nationalities and cultures and therefore becomes the ideal control excessivelyl for crime. the Statesn Criminal Justice systems hand over a uniform system that control behavior of individuals regardless of race, religion, culture or ethnic group and whence uphold in maintaining social order in the the Statesn society. The Criminal justice policy in the United States has been guided by the 1967 presidents commission on justness enforcement and disposal of Justice which issued initial report the challenge of crime in a free society. The commission advocated a systems approach to criminal justice. The Presidents commission defined criminal justice system as the means for society to enforce the s tandards of conduct necessary to foster individuals and the association (Cochranc, Melville and Marsh, 2004 Feinman, 1994) In America, the law enforcement agencies include police prosecutors, judgeships, defense lawyer and corrections which be concerned with arrest, charging adjudication and punishment of those found sheepish hence maintaining social order.In the ancient time, especially in the Middle Ages, common forms of punishments included exile, payment to victim in case of violent crimes, escape of payment riveed harsh penalties manage corporal punishment in form of mutilation, flogging and sometimes execution. The present criminal justice systems try to ensure fairness and justice. Past selective information indicate that the society in US did not respect police as law enforcers until 1920. s when the police adopted new technology and placed emphasis on community policing following urban unrest.Introduction of comp stat in 1990s, in the police departments has assisted the police to track criminals and the criminal justice system gain police responsible for dealing with crime problems. The interaction between the police and the community through community policing has assisted in tracking criminals. Criminal law in America involves persecution of an individual by the government for committing an act that has been classified as a crime. Most crimes in the United States be established by local state and federal government.In a criminal case, the state through a prosecutor initiates the law suit and the offender jailed authorized to pay a fine or both. In American Justice System, crime may be classified as felony or misdemeanor. Felony includes upright offences like rape and murder which attract one or more years imprisonment. Misdemeanors include such crimes like petty theft which attract less than a year imprisonment as a way of correction. However, originally any act is considered crime, it has to be established by statute or common law (Wal ker, 1993).Scholars have contributed a lot in the American Criminal justice system. Scholars through providing courses in criminology and psychological science assist in explaining why some individuals engage in criminal behavior and classify different types of crimes like organized crime, white-color crime and juvenile crime. Sociologists have put forward classical conflict and confident(p) theories that explain why crime occurs and give remedies on how to curb the crimes and control further c criminal cases in the society. In America, crime is defined, classified, graded prohibited and punishable by the state.Criminal law in America is distinguished from all other kinds of law because it carries it the moral condemnation of all society. All crimes atomic number 18 an imperfection against the society because the society as a whole through its legislatures has made of collective judgment that sealed behaviors are harmful to the societal interests (Walker, 1993) In the recent pas t, there have been occurrences of violent crimes which have promoted the government to revise and classify c criminal acts. American legislature has classified the crimes in different categories and they attract different punishments.Treason, sedition and espionage are crimes that are committed against the state. The crimes indicate non-patriotism of the offenders and the government controls such crimes for the encourageion of natural gage. Most offenders who are found guilty of the offence receive heavy punishment, for instance, corporal punishment which may include execution depending on the intensity of the offence. Murder, manslaughter, rape, kidnapping, assault and battery are crimes that are committed against persons. These crimes withal fall under felony and the state ensures there is societal order and uniformity.The state punishes the offenders with the objective of protecting the persons against violence. Burglary, arson and home invasion are classified as crimes agains t habitation with the aim of protecting the safety and security of ones home. The crimes too are considered felony and must be discouraged to ensure harmony in the society (Cole, 1999 Parker, 2006 Cochranc, Melville and Marsh 2004). Theft, larceny, robbery, vandalism, forgery, extortion, fraud and embezzlement are classified as crimes against property and are controlled to protect private property. Protection of property ensures there is harmony and order in the society.Disorderly conduct vagrancy, incitement too riot, motor vehicle offences and alcohol and drugs are classified as crimes against public order and are controlled to protect public peace, order and safety. Resisting arrest, obstruction of justice, bribery, escape and contempt of court are classified as crimes against cheek of justice by legislature and are controlled to preserve honesty and efficiency of public administration. Prostitution, sodomy, obscenity, incest, indecent exposure, gambling alcohol and drugs are c lassified as crimes against public morals and they area controlled to ensure tradition morals is maintained.This will ensure that the society is morally upright. Bestiality and animal abuse are crimes against nature and the crime is regulated to maintain public health. Pollution, fishing and hunting, smoking and toxic waste dumping in America are crimes against environment and the state regulate them to preserve public health and natural environment. All crimes in US are owned by the state which does prosecution in its own name to maintain societal order and harmony. Police are the first grouped the offender encounter first in criminal justice system (Walker, 1993 Cole, 1999). The police do investigation and arrest the offender.After the arrest the criminal is interpreted to court where justice is administered through court ruling. A prosecutor who acts on behalf of state then makes thrill of the individual against the state in criminals proceedings. The offender through his/her a ttorney can justify his innocence before a judge or panel of judges or jury. In America, plea bargaining is allowed where the criminate is given reduced punishment when he pleads guilty. In some cases, the justice system in America like any other justice system is prone to bias discrimination which is a terror to objective decision.After the curt ruling the offender is turned to correctional authorities when found guilty (Walker, 1993 Cole, 1999). In America, prisons are meant to reform criminals hence viewed as the best correctional authority. In America, the offenders may be take some set amount of fine to be set free or in uniting with imprisonment. In the recent past, probation has become common where the individual mobility is limited unitedly with opportunity to commit a crime while in prison the prisoners are equipped with various manual skills that will assist then to live a productive life after prison.Also, there are other prisons where the prisoners are given religio us ethics to assist them reform positively. Death penalty in America is seldom administered as many activists have argued that it violates the human rights of the criminals. American court system is based on slope statutes. In the court, four groups are involved in criminal case proceeding. These include the offender, prosecutor, judge or panel or judges or jury and the attorney. American legislature is responsible for enacting statutes, for example criminal law which govern conduct of individuals, groups or organization.American court system is governed by rules of procedure. The criminal cases in the court require special contribution safeguards for the accused. In a criminal case, the party that brings a case is called the prosecutors and the person sued is called defendant. The American legal system allow defendant to be represented by a attorney who should protect the interests of the person. If one cannot afford a lawyer, the state provides a lawyer. A jury in American court system listens to the evidence and determines the outcome based on substantive law as instructed by a judge.The judge in American court system acts as a reference by enforcing the rules and explaining the applicable law. Criminal court system in America is on top of the thirteen individual state judicial systems. The American make-up contains very little about criminal law. Criminal law is the collection of rules that identifies behavior that is condemned by the government with the aim of protecting the health and safety of American citizens and the state punishments with violation of the set rules (Feinman 1994 Parker, 2006). American criminal justice system is sometimes viewed to be unfair.Some cases of wrong are genuine especially when there is discrimination based on race, religion and ethnic group. However, some cases of unfairness are based on misconception or due to conflict of law criminal. Most criminal defendants are not incarcerated for their crimes, not because the st ate lack resources to finance imprisonment, but because their offences are not insufficiently serious to warn imprisonment. Most crimes are directly related to lack of education, homelessness, mental illness, drug addiction, alcohol addiction, lack of proper parenting as opposed to evil motive.Therefore many judges, defense attorney and police officers are certain of the cause unless they are new in the career. However, American criminal justice advocate for constitution down (Cole, 1999 Cochranc, Melville and Marsh, 2004). Judges in criminal cases act universally in a conservative manner. This means that most judges will not risk political fall out or destruction of their sea captain career for the sake of safeguarding individual defendants rights. Conservative ruling usually involves following constitution and state statute. It may also be based on public policy over colonized constitutional and statutory law (Walker, 1993).In the American criminal justice system, it has been n oted that 90% of criminals plead guilty hence trials are rare. Prosecutors in the criminal justice system represent the state and not individuals together with the judges. But judges represent the state in a different capacity from the prosecutor. Defense attorney represent the defendant rights. Jury is known to represent the people hence prosecutors prefer trial by judge while defense attorney prefer trial by jury (Cole, 1999 Parker, 2006) In conclusion, American criminal justice system is controlled by the American constitution and differs in the various states.The system is primarily meant to maintain order in society. References Cochrane, J. , Melville, G. , & Marsh, I. (2004). Criminal Justice An Introduction to Philosophies, Theories and Practice. London Routledge. Retrieved November 29, 2007, from Questia database http//www. questia. com/PM. qst? a=o&d=108764949 Cole, D. (1999). Discrimination and Denial Systemic Racism in Ontarios Legal and Criminal Justice System, 1892-196 1. Canadian ledger of Criminology, 41(3), 428. Retrieved November 29, 2007, from Questia database http//www. questia. com/PM. qst? a=o&d=5001287719 Feinman, C. (1994). Women in the Criminal Justice System (3rd ed.). Westport, CT Praeger Publishers. Retrieved November 29, 2007, from Questia database http//www. questia. com/PM. qst? a=o&d=15255576 Parker, M. (2006). Asphalt Justice A Critique of the Criminal Justice System in America. ledger of Comparative Family Studies, 37(3), 479+. Retrieved November 29, 2007, from Questia database http//www. questia. com/PM. qst? a=o&d=5016038470 Walker, S. (1993). Taming the System The Control of Discretion in Criminal Justice, 1950-1990. rude(a) York Oxford University Press. Retrieved November 29, 2007, from Questia database http//www. questia. com/PM. qst? a=o&d=97471694