Saturday, February 8, 2020
The role of the rule of law in the criminal justice process in UK Essay
The role of the rule of law in the criminal justice process in UK - Essay Example In the British Criminal Justice System, divisions like the Crown Prosecution Sector, the police, the law courts and the prisons operate together to bring about criminal justice. In general, the three departments are mutually responsible for the Criminal Justice System (CJS) and its subdivisions. These three consist of (i) The Ministry of Justice, which is concerned with the magistrates' law courts, the Appeals Courts, the Crown Court, the National Offender Management Service, and the Legal Services Commission (ii) The Home Office under whose jurisdiction are the police (iii) The Attorney General's Office which is in charge of the Serious Fraud Department, the Crown Prosecution Service, and the Customs and Revenue Prosecutions Division In ordinary circumstances, it is the responsibility of the Ministry of Justice to oversee the entire justice procedure (Roberson, Wallace and Stuckey, 2009). It is responsible for justice being meted out from the time when a suspect is apprehended, to t he time they are charged with a crime and incarcerated (if this is the result) (Schmalleger, 2009). The Ministry of Justice also plays a role in a felonââ¬â¢s probation process. The ministry is also expected to provide legal aid, and seek to decrease the chances of re-offending. The Home Office, on the other hand, is responsible for safeguarding the public from instances of crime, terror and other anti-social behaviours. The home office ensures peopleââ¬â¢s safety in order to facilitate investment and peaceful coexistence. It also promotes the acceptable level of tolerance that allows people to live with others from different backgrounds without there being unnecessary problems that come about through misunderstandings. This division is responsible for counter terrorism initiatives, safe policing and overall crime reduction strategies.à The Attorney General, who is usually assisted in handling these responsibilities by the Solicitor General, is the key legal counsel to the B ritish Government (McLeod, 2010). Both the Solicitor General and the Attorney General are responsible for making sure that all citizens uphold the rule of law. à The Attorney General also has additional public interest responsibilities such as committing to objecting to extremely lenient sentences that are given to serious criminals, as well as initiating proceedings in courts concerning the Contempt of Court Act (Zander, 2007). The function of the Criminal Justice System (CJS) is to bring all to justice by convicting and imprisoning the felons while defending the public. It is also in charge of investigating crimes and making sure that the perpetrators are held accountable for their crimes (Packer, 1968). The CJS also carries out other functions such as executing court orders, collecting fines and overseeing custodial as well as community punishment. à The main objectives for the CJS are: à â⬠¢Ã à à à à To enhance their efficiency in bringing crimes and their p erpetrators to justice. à â⬠¢Ã à à à à To boost public confidence in the way the CJS conducts its operations à â⬠¢Ã à à à à To make crime victims feel that their grievances have been satisfactorily addressed by the Police unit as well as the CJS. à â⬠¢Ã à à à à To constantly gather, evaluate, and make use of statistics concerning different ethnicities so as to identify irregularities in the distribution of responsibilities in the CJS. à â⬠¢Ã à à à à To increase the finding of criminal factors so that the public is made aware that criminals will not go unpunished (Sanders and Young, 2000). While not all the members of society are predisposed to crime, such a step will help in discouraging potential criminals. The Basic Concept Underlying the Rule of Law In the 19th and 18th British society, many individuals who belonged to the upper classes were not treated in the same way as the rest of the British citizens. If they committed any crimes, they had special government laws that would be used to judge their cases
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