Posted at 10.16.2018
What do we mean by the 'Offender Justice System' ('CJS')?
This essay aims to answer the question 'What do we mean by the Lawbreaker Justice System?' To carry out this, we will start by looking at an release to the criminal justice system and briefing chatting through the different firms it is made up of. We will then go on to check out the three main authorities departments and map out their responsibilities. This essay then intends to question set up CJS is truly a system and discuss conflict which could arise between different agencies. In order to understand the machine, it must be divided into three levels. These stages are the law enforcement, the courts and the prisons. These can be assessed to determine whether or not the CJS is effective.
The Criminal Justice System is one of the primary public services in the united kingdom. It is made up of specific organizations that react to the commission rate of offences. These work together and reveal similar seeks and aims. These agencies include the 'Law enforcement Service, the Crown Prosecution Service, Her Majesty's Court docket Service, The Country wide Offender Management Service and the Youngsters Justice Panel' (cjsonline. gov. uk march 2010). All of these agencies are aimed by three main federal departments. They are the house Office, the Ministry of Justice and the Office of Attorney General. These departments work together and each of these is in charge of different services within the machine.
The Home Office was set up in the 18th hundred years and although many changes have been made since this time around, its key goal is to protect the public it is therefore accountable for areas such as policing and security. This makes it accountable for all 43 authorities forces within England and Wales. It really is run by the Home Secretary who sets agenda's and has management planks in order to ensure its aims and aims are completed and their services are being sent to the public. The Ministry of Justice was proven in 2007 and took over some of the responsibilities of the house Office. It really is in charge of the justice system with areas such as criminal laws and sentencing. One of its departmental strategic goals is to ensure a more effective, clear and responsive unlawful justice system for victims and the public (http://www. justice. gov. uk/publications/docs/justice-annual-report-08-09ii. pdf p48). It really is now headed by god, the father Chancellor which can be known as the Secretary of Express for Justice and like the Home Office, it also has a management plank. The Ministry of Justice now also carries out the duties for the Office for Constitutional Affairs which manages the Legal Services Payment and certain courts. ANY OFFICE of the Attorney General was founded to provide good advice to law representatives. One of its main tasks is to guard the guideline of regulations and of general public interest (http://www. attorneygeneral. gov. uk/AboutUs/Pages/default. aspx). It really is accountable for the law offenders office which is made up of organizations like the Crown Prosecution Service and the National Fraud Authority. In order to certify that these three departments interact, Local Criminal Justice Planks were setup. You can find 42 of the planks and ensure that all of the goals of the three boards are carried out in their geographic area.
Ashworth (2010) promises that the CJS is not a system. It quotes that 'To make reference to it as something is merely a convenience and an aspiration' (p71) although Newburn (2007) thinks that there is evidence to show that they work in relationship and show similar goals (p549). Despite these similar goals overall, each level of the CJS sometimes has different objectives which may result in conflict between the different agencies. For instance, the courts may phrase a person to prison to be punished, while probation officers would attempt to rehabilitate them. With these differing objectives, any office for Offender Justice Reform (OCJR) was set up to ensure these businesses collaborated effectively and provided the aims of the CJS. These aims are to prevent and identify more crime, to give patients and witnesses more support and also to punish and rehabilitate more offenders http://www. cjsonline. gov. uk/the_cjs/how_it_works/. These aims must be carried out for the unlawful justice system to be effective.
Each of the aims can be employed to the several phases within the CJS. These levels consist of the authorities, the courts and also the prisons. Each has a new role within the machine with different targets. The police do you have to prevent and identify more crime; this is done through arrests as the courts are there to phrase offenders and the prisons to punish.
The police are the primary level in preventing criminal offenses (Joyce p84). Generally the organizations never respond at all as the CJS starts with the arrest of an think or with the reporting of the crime. The authorities have the specialist to refer a person to another level of the CJS. That is done as they have to enforce regulations with the motive to keep carefully the serenity. The courts have the power to phrase an offender and a custodial phrase is the toughest abuse the courts can impose while the prisons function is to punish an offender.
From this it would appear that the CJS is situated upon punishment, financial firms not the case. Only specific firms focus exclusively on the penal system. Once an offender is sentenced by the courtroom, the offender gets into the penal system (Cavadino p1). The penal system is a 'system that exists to punish and normally deal with those people who have been convicted of criminal offences' (Cavadino p408). The CJS in the united kingdom isn't only about abuse but also about the treatment of offenders. Therefore, it protects the public in both the long and short-term http://www. cjsonline. gov. uk/downloads/application/pdf/CJS_Review. pdf. Rehabilitation thinks that 'punishment can decrease the incidence of criminal offense by taking a form which will increase the individual offender's character or behavior and make her or him less inclined to reoffend in future' (Cavadino p41)
The three levels mentioned previously collaborate well as all three have the target to protect the public. In order to determine if each of these stages are effective, they could be measured by a variety of means.
Clear up rates
Sentencing has increased in recent years. This is proved by the upsurge in prisoners. Since 1980 the prison populace increased from 42, 000 to 85, 000 in '09 2009 (REF). Not surprisingly increase, it cannot be proved that there is a rise in criminal offense as it could be anticipated to stricter and harsher phrases being imposed by the courts. No matter this, respondents to the BCS were asked whether they thought sentences were too difficult, about right or too lenient, with over three quarters (76%) sense that sentences were too lenient (Home Office Policing and unlawful justice p12). For this reason increase in the prison inhabitants, it's been claimed that the conditions prisoners are in has made it difficult to rehabilitate offenders (Joyce p365) and that it's possible that the prisons may be violating Article three of the Convention (Ashworth p316). One of the problems that a rise in prison populace has induced is overcrowding. This can lead to inmates being comprised to their skin cells for extended periods of time (Ashworth p316) and the denial to rehabilitative programs (Joyce p377). These overcrowded prisons can result in aggression and can harm a person's health and wellbeing. Other conditions that are concerned with prison conditions include an increase in medicine use, security problems as well as the financing of the prisons. These conditions may also have an effect on reoffending rates anticipated to not having the ability to rehabilitate a person.
Victimisation research is a survey which interviews an example of the public and provide a relatively accurate way of measuring crime rates (Newburn p62) as they include crimes that have not been reported to or registered by the authorities. Despite this, they still can't be 100% appropriate and reliable because of the fact that they exclude 'victimless offences' such as
Self report surveys
Issues influencing the CJS's capability to be effective
Confidence levels/ satisfaction
Reliability of stats
The media can influence a person's belief of the CJS.
GOOD - The mass media presents information to the general public of crimes. This is done through new reporting and also television programs such as 'Crimewatch' which supply the public accounts of occasions through true to life footage and reconstructions (Newburn p104).