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Criminal Justice System Essay

The Criminal Justice System Essay

❶All these ought to be regarded as the key elements of an inclusive social integration policy. Immigration laws govern the legal status of foreigners in such matters like citizenship.

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Imprisonment effects are likely to be brutal in poor developing nations where the government does not offer a financial support to the needed ones. The family of the imprisoned person is often left with new expenses, to meet such as cost of hiring a lawyer, buying foodstuffs for the imprisoned individual, and transporting costs to prison among others. Even a following release, the former prisoner is faced with the socio-economic exclusion due to their little or no employment prospects.

Consequently, they become vulnerable to a never-ending poverty cycle, which might force them to commit a crime and be jailed again. Therefore, imprisonment directly contributes to poverty of a prisoner, his family and the society, in general. A majority of prisoners are from the poor backgrounds, with a minimum access to the quality and sufficient healthcare. As a result, they usually have existing health complications upon entering jail, and their conditions continue to deteriorate due to the unpleasant prison conditions.

The examples of such conditions include overcrowding, poor nutrition, unavailability of exercise and fresh air, as well as an inadequate sanitation Smith, The key diseases that cause mortality and morbidity within prisons include mental disorders, TB, HIV infection, skin diseases, hepatitis B and C, malnutrition, injuries and diarrhea.

Other than prisoners, prison staff also risks contracting the above diseases. Since prisons are not cut off from the society, their release back to the society means that the general public risks being affected by similar diseases. Incarceration weakens a social cohesion and interrupts relationships because maintaining such cohesions is anchored on long-term relations. Imprisoning a family member disrupts the family structure, which, in turn, negatively affects the relationship among couples, children and their parents, as well as the entire community.

Imprisoning an individual often leaves his or her family with numerous expenses to meet, which may be a strain to poor families. The costs not only include the upkeep costs of the prisoner, but also the indirect costs such as healthcare, social and economic related costs.

Integrated Approach to Reforming Prisons. It is vital that prison reform should not be considered in seclusion from the broad criminal justice reform. According to the UNODC , effective prison reform depends on the rationalization and enhancement of criminal justice policies, sentence policies, crime prevention, as well as the availability of treatment and care of vulnerable people within the society.

Therefore, reforming the prison system ought to consider the needs of the whole criminal justice system and use an integrated strategy in order to attain sustainable effects. Apart from the prison service, the reform initiatives also need to include criminal justice institutions like the judiciary prosecution and the police service.

When using an integrated approach to reform prisons, other areas that are normally not included in the criminal justice system ought to be taken into consideration. These areas include developing mental counseling programmes for mentally challenged prisoners instead of locking them up in prisons.

Another area is the development of some drug dependence treatment programmes. Such programs will help in meeting the needs of the escalating number of criminals with special needs, as well as ensuring that prison services are not overstretched. There are three major subjects that need to be considered regarding a pretrial detention. Firstly, a majority of nations worldwide overuse pre-trial detention, and in numerous developing nations, the size of population of pre-trial prisoners is huger than that of prisoners who are convicted.

This is a contradiction to the international standards provision that provides a restricted utilization of pretrial detention. Another issue is that the pre-trial detention time is the period that is most abused within the criminal justice process. Lastly, pre-trial detainees ought to be assumed innocent till proven guilty.

However, this is not the case, as evident by the pre-trial detention conditions, which are usually worse than those of convicted prisoners. Additionally, numerous poor countries lack the prison resources. This means that persons in detention cannot access legal assistance and advice. This increases the chances of prisoners overstaying on remand, or not getting a fair trial, which further adds to prison congestions UNODC, As a result, key elements to take into consideration in reforming prisons would be enhancing the access to justice, offering a support for paralegal and legal aid programmes, enhancing the information management, as well as increasing the collaboration between prisons and courts in order to expedite the processing of cases.

Helping in developing safeguards for pre-trial detainees via monitoring and evaluation mechanisms should also be included as a part of prison reform.

Prison authorities are responsible for making certain that the treatment and supervision of prisoners corresponds to the rule of law, regarding their human rights, and the utilization of imprisonment period to prepare prisoners to be the productive people after their release. However, currently, there are outdated national rules and legislations regarding prison management, which urgently require a reform.

The prison departments in the majority of countries fall under the power of military institutions or the police. These managers do not have a specific training on prison management. Consequently, several prison systems globally suffer from low staff morale, the lack of effective leadership and inadequate systems of information collection. This is a hindrance to the development of sound strategies and policies founded on the trustworthy and factual data.

Therefore, the prison reform should aim at developing training programmes aimed at enhancing the leadership role of prison managers and their staff so that they apply some global norms and standards in their day to day practice.

Prison overcrowding remains one of the key concerns in the majority of prisons worldwide. Punitive, criminal policies and deficiency of social protection services within the community also continue to add to the hasty increase of prisoners in numerous countries. Being the underlying cause of several cases of human rights violations within prisons, overcrowding should be solved through long-term measures. Though building new prisons can temporarily lessen overcrowding, the research by the UNODC shows that this strategy does not offer a sustainable solution.

Besides, it is expensive to build and maintain new prisons, which also puts the pressure on costly resources. According to the UNODC , rationalizing the sentencing policy plus the use of alternatives to prison will help to decrease overcrowding in prisons.

Other measures include transforming the focus of prison measures from isolation and punishment to the reintegration and restorative justice. The above strategies, when used in conjunction with sufficient support for offenders, help prisoners to lead productive and fulfilling lives, without the fear of them relapsing back to their criminal behavior patterns. Therefore, implementing prison sanctions within the society, as opposed to the process of isolation, provides better and long-term protection for the whole community.

Providing the support for the execution of noncustodial measures and sanctions, therefore, is vital in reforming prisons.

According to the UNODC , successfully reintegrating prisoners return to the society after their release remains a key objective in reforming prisons.

Social reintegration initiatives in the criminal justice system ought to begin urgently so as to have a maximum impact. This includes diverting from the ordinary criminal justice system to the proper treatment programmes particularly, for the vulnerable people within the society and developing purposeful programmes and activities within prisons. Another initiative is to adopt noncustodial sanctions, as opposed to isolating prisoners from the society. All these ought to be regarded as the key elements of an inclusive social integration policy.

However, the interventions aimed at offering the support to prisoners after they have been released from prison, as well as the variety of care for the needy in the community, can only be effective on condition that the imprisonment period is utilized properly to prepare inmates for re-entry into the community. The above initiatives necessitate a close corporation between social protection and healthcare services within the society, the criminal justice institutions, and the probation services.

The right to health and equality in the provision of healthcare remains a principle which applies to every prisoner who is entitled to obtain a similar quality of healthcare available in the society.

It is, however, sad that this basic right is seldom realized in prisons because of the extreme inadequacy of healthcare services. According to the UNODC , there exists severe understaffing and underfunding of healthcare services in most prisons. Usually, under the people in charge of penitentiary administration, healthcare services within prisons isolate themselves entirely from the national health authorities such as national TB and HIV programmes.

For instance, the specific health needs of women are hardly ever addressed. The right to health entails both the access to curative, preventive, supportive and reproductive health, and the access to basic health determinants such as adequate sanitation, safe water for drinking, sufficient nutrition and housing, safe food, safe dental and health services, gender equality, education and information related to health, and healthy environmental and working conditions.

The UNODC maintains that health in prisons and penal reforms are interrelated, and; therefore, an integrated approach ought to be adopted in order to address the huge challenge the HIV and AIDS, as well as other contagious diseases like tuberculosis within the prison settings. That is why improving prison conditions and management is a key to the development of sustainable health care strategy within prisons.

Since prison health is a fundamental portion of public health, enhancing prison health, is, therefore, vital for public health policies to succeed. The criminal justice system aims at maintaining the social control and deterring crime. It consists of legislature, courts and correction facilities.

The key issues that have been discussed in this paper include prison congestion, mental illness issues, alternative drug sentencing, capital punishment, and the prison reform among others. It is vital that the necessary reforms be done in these key areas to improve the quality of services offered by our criminal justice systems. Custom Criminal Justice System Essay Writing Service Criminal Justice System Essay samples, help Introduction A criminal justice system refers to the system of government institutions and practices directed at maintaining the social control and deterring crime CliffsNotes, Affiliate Program Refer our service to your friends!

Live Chat Order now. To register place your 1st order. FAQ What is a custom writing service? Are your writers qualified for the custom writing? How quick can my order be accomplished? Are essays offered by your company truly custom-written? Is it safe to buy papers from SupremeEssays. A crime by definition is conduct in violation of the criminal laws of a state, the federal government, or a local jurisdiction for which there is no legally acceptable justification or excuse Schmalleger, , p.

Law by definition is a rule of conduct, generally found enacted in the form of a statute, that proscribes or mandates certain forms of behavior Schmalleger, , p. The relationship between crime and the law is that without laws on the books there would be no crimes. Society would be in utter chaos. Society uses the consensus model and the conflict model to decide what acts are criminal.

In the consensus model society comes together and as a majority decide what is right and wrong behavior and make laws accordingly. These laws are moral based. In the colonial times adultery was a crime where the guilty sentence was corporal punishment. Today adultery is a personal issue not a crime. The conflict model different groups in society will have different ideas of what is right and wrong so whom ever has the power decides what a criminal act is.

Our government has three branches, the executive, the legislative, and the judiciary. These three branches make up the framework to our criminal justice system. The executive branch in federal, state, and local have the power to appoint judges, heads of the department of corrections, and police chiefs. The legislative branch in federal, state, and local levels decide what criminal acts are and what sentences are for those acts.

They also provide the funding for the criminal justice agencies. Supreme Court is the highest court in our justice system. The precedents it sets are used as the guidelines for lower level courts to reach their conclusions Schmalleger.

There are eight choice theories as to why people commits crimes. These theories are the classical and neoclassical, biological, psychobiological, psychological, sociological, social process, conflict, and emergent Schmalleger, , p.

In classical and neoclassical theory crime is caused by exercising your free will. In biological theory crime is caused by criminal genes.

In psychobiological theory crime is caused by human dna, nutrition, hormones, physical trauma, body chemistry, and environmental contaminants.

In psychological theory crime is caused by a diseased mind or inappropriate behavioral conditioning. In sociological theory crime is caused by the structure of society and the organization or disorganization of society. In social process theory crime is caused by the failure of self-direction, inadequate social roles, or associating with defective others.

The conflict theory crime is consequence of social, political, economic inequities. The emergent theory crime is socially constructed Schmalleger, , p. The major components to the criminal justice system the police, the courts, and corrections CJi, The police, made up of sheriff and police departments, enforce our laws, investigate crimes, make arrests, and insure public safety Schmalleger, , p.

The courts, made up of judges, prosecutors, and defense lawyers, conducts fair and impartial trials, decide criminal cases, ensure due process, impose sentences on the guilty, and provide a check on the exercise of power by the other justice agencies Schmalleger, , p.

This demonstrates how the criminal justice system should aim to offer rehabilitation as an alternative to prison. In this case, prison quite clearly did not achieve the aim to deter the criminal from re committing crime. Rehabilitation also recognises the reality of social inequity and provides them with personalised help; it allows offenders to see light at the end of the tunnel and helps them understand the devastating effect that they have had on a victim and their family.

Secondly, it eliminates them from the re-offending trance they have been stuck in. However it could be argued that rehabilitation is a soft punishment as the offender may not want to change and by undertaking rehabilitation, they feel like they have gotten away with it. Even though there is the opportunity for restorative justice many victims may not want to do it because it is extremely distressing for them, just like in a rape case where the defendant pleads not guilty but is found guilty it makes the victim relive the trauma again.

There is also a strong stigma attached to criminals and they find it hard to reintegrate back into a normalized life and society. Punishing and rehabilitating prisoners simultaneously can be extremely effective at reducing reoffending rates.

This is shown by Bastoy prison in Norway. If we treat people like animals in prison when they are in prison they are likely to behave like animals. Here we pay attention to you as human beings. This helps prepare prisoners and gives them the necessary skills for when they are released. When I get out I want to live and have a family.

To conclude there are many views on what the criminal justice system should aim to do. The number of prison places has nearly doubled from 44, in to over 83, currently. This demonstrates how punishment solely has not deterred criminals from committing crime. However, the use of rehabilitation and punishment works hand in hand to reduce re-offending. Speaking with a retired crown court judge, he expressed how he thought community service was successful.

It punishes the offender but it also acts as an aid to rehabilitate them via instilling a work ethic and developing skills for employability whilst boosting their self-esteem. It can be said that each criminal needs to be assessed on whether they should be purely rehabilitated or collectively punished and rehabilitated via their records and if there were any aggravating and mitigating factors in the case.

Rehabilitation does not work if the person at the time does not want to change, however if they were punished and rehabilitated at the same time it allows them to reflect on their crimes and change for the better.

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The Criminal Justice System has many components that make up its system. The police, corrections, and the courts all play the role and act together in trying to maintain the most respectable and functional CJS.

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Criminal justice system is a phrase used to express the interdependent components of the courts, police, and correctional facilities in the government. The term also describes the criminal justice agencies found within states in a federal government.

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- This essay intends to address the role that state agencies, both within the Criminal Justice System (CJS) and more broadly the institutions of education, employment and health, play in supporting and implementing diversionary programs for offenders with mental health problems. The Criminal Justice System Essay Words | 6 Pages. The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a .

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A criminal justice system refers to the system of government institutions and practices directed at maintaining the social control and deterring crime (CliffsNotes, ). The system is made up of three key parts, i.e. the legislature (to create laws), courts and correction facilities (prisons, jails, a parole and probation). The major components to the criminal justice system the police, the courts, and corrections (CJi, ). The police, made up of sheriff and police departments, enforce .