Criminal Justice System

Avinash Rajput Criminology 2nd Semester Lok Nayak Jayprakesh Narayana National Institute of

Criminology and Forensic Science Ministry of Home Affairs

Defination The term criminal justice refers to the agencies of

government charged with enforcing law, adjudicating criminals, and correcting criminal conduct.

A criminal justice system is a set of legal and social institutions for enforcing the criminal law in accordance with a defined set of procedural rules and limitations.

A criminal justice system is a set of legal and social institutions for enforcing the criminal law

The phrase criminal justice system refers to a collection of federal, state, and local public agencies that deal with the crime problem

Objectives of Criminal Justice System

To prevent the occurrence of crime To punish the criminals To rehabilitate the criminals To compensate the victims as far as possible To maintain law and order in the society To deter the offenders from committing any criminal act

in the future

The Branches of Criminal Justice System

LEGISLATIVE BRANCH

JUDICIAL BRANCH

THE EXECUTIVE BRANCH

LEGISLATIVE BRANCH Defines criminal behavior

Establishes penalties

Passes laws governing criminal procedure

provide funding for criminal justice agencies

JUDICIAL BRANCH The guilt of persons charged with crimes

Interpret the law

Administers the process by which criminal responsibility is determined

THE EXECUTIVE BRANCH Executive power is given to the president, governors,

and mayors

Carries out (executes) many acts of government

Holds powers of appointment and Pardons

They can lead efforts to improve criminal justice

Provides leadership for crime control

The major components of the Criminal Justice System

POLICE Enforce laws Investigate crimes Apprehend offenders Maintain public order rotect rights/freedoms of indivduals

Hierarchy of Police

COURT Place where “arguments” get settled Court applies the law to the argument at hand Court give the punishment

Thera are mainly three types of Court District Court High Court Supreme Court

Main Components of Court JUDGE

PUBLIC PROSECUTOR

DEFENCE LAWYER

CORRECTION Rehabilitate and reform offenders Protect the community Humane custody

Hierarchy of Prison

Criminal Justice System as a Filtering Process

Key Players in Criminal Justice System

POLICE

PUBLIC PROSECUTOR

DEFENCE LAWYER

JUDGE

POLICE Investigate the case Arrest the accused Collect the evidence Keep the peace Prevent crime Provide social services

PUBLIC PROSECUTOR Lawyers who represent the state and conduct criminal

cases against defendants The role of the Prosecutor begins once the police filed

the chargesheet in the court The Prosecutor must conduct the prosecution on behalf

of the Police investigation It is his/her duty to present all the facts, witnesses and

evidence before the court He/She has the right to a speedy trial

Hierarchy of Prosecution

DEFENCE LAWYER Represent the accused after arrest to give advice Investigate details of the offense on behalf of the

accused Discuss the case with the prosecutor and test the

strength of the state’s case Represent the accused at bail hearings Represent the accused at trial Present an appeal

JUDGE The judge is like an umpire in the Court The judge hears all the witnesses and see the evidence

presented by the both parties The judge decides whether the accused person is guilty

or innocent If the accused is convicted, then the judge pronounces

the sentence He may send the person to jail or impose a fine or both

according to the law prescribes

Purpose of Criminal Justice System

DOING JUSTICE

CONTROLLING CRIME

PREVENTING CRIME

Steps in the criminal justice process

Investigation Arrest Prosecution Filing of an information by a prosecutor Arraignment by a judge Pretrial detention or bail Plea bargaining Trial/adjudication of guilt Sentencing by a judge Appeals Punishment or rehabilitation

Types of Criminal justice system

INQUISITORIAL PROCESS

ADVERSARY PROCESS

INQUISITORIAL PROCESS This System relates basically to Romano Germanic

System of Law This is also known as civil law system The Judge can play active role The accused must help to the prosecutor and the court

ADVANTAGE OF INQUISITORIAL PROCESS

The court plays substantive role in the trial to secure justice

All the component of criminal justice system must help to secure justice

Any distortion can be easily detected with the effort of the court

DISADVANTAGE OF INQUISITORIAL PROCESS

Equal treatment of the law for all segments of the society is not entertained

ADVERSARY PROCESS Adversary mode of justice is close to Anglo-American

system It advocates the supremacy of law The Judge play the role like a football umpire The accused need not cooperate with the police and he

can remain silent in the court throughout the trial The prosecutor must prove the accused guilt beyond the

reasonable doubt

ADVANTAGE OF ADVERSARY PROCESS

It insists upon strict observance of procedural law The representation of lawyer from both sides is

indispensable The accused has right to silence He need not give evidence from his side Prosecution must prove the guilt beyond reasonable

doubt The accused may claim benefit of doubt

DISADVANTAGE OF ADVERSARY PROCESS

The accused does not help the police The police must work on his own strength against the

accused Contest on technical error in the court is possible The court is helpless to correct it The police sometime may not be able to find sufficient

evidence against the accused This leads to dropping-out of the case

Improve criminal justice system in India

Simplification of Rules and Procedures Repealing of Outdated Laws Criminal Law Amendment Police as Investigative Agency Judicial Accountability Appointment, Promotion and Transfer of Judges Average Judge-Population Ratio Perjury and Contempt Of Court Efficient Public Prosecutor Transparency of Court Proceedings Time Bound Filling of Vacant Post in the Judiciary

Thank You