Criminal justice is a system that involves practices and organizations, which the national and local governments uses in their endeavors of maintaining social control, deterring, and the general control of crimes, and sanctioning of individuals who violate the laws with criminal penalties and/or rehabilitation efforts. A rule of the thumb is that, when processing the accused through the criminal justice system, the government must operate within the provisions of laws that protect individuals’ rights.
In other words the goal of criminal justice system is to enforce standards of conduct that will offer maximum protection to individuals and the community. In United States, independent states are charged with the duty of deliberating plans and measures in their states that according to them will provide protection to both the individuals and the community through crime prevention and apprehension of offenders as provided by the “The President’s Commission On law Enforcement and Administration of Justice (1967). ”
Each state is unique from the others in regards to crime and criminal trends, and therefore it follows that criminal justice system policies adopted by a given state will vary from others. In order to come up with the best policies, a state through its governor should consult wide. Apart from the obvious cabinet members and other immediate advisors to the governor, specialists in criminal justice matters should be engaged in such consultation. These, experts should include local and to some extend few experts from other states deemed to be having similar crime and criminal trends.
In this case, the governor of the state of the Utopia will need to recruit experts in criminal justice (they could be long-serving attorneys, judges, or even long serving senior police officers); she will also require one or two ‘foreign’ experts. Since her plans involve a complete overhaul of the criminal justice system, she will need to from a taskforce that will study the current system in view of identifying the areas that will be changed as per her recommendations. Members in this taskforce will include representatives from the three organs the criminal justice system in the state, (i.
e. , law enforcement; the police: adjudication; the courts, and: corrections; the jails, prisons, probation, and parole), representatives from the ministry in charge of criminal affairs, representatives from the ministry of finance, experts, and few members of public. It should be noted that, it is only the newly elected governor who sees the need for changes in the current criminal justice system in the state of Utopia, and therefore to convince interested parties the importance of such change will not be an obvious endeavor.
It will therefore be imperative that she professionally work on her ‘defense’ because it is obvious that she will face a spirited challenge from anti-change elements in the state. In order to succeed in her plans she will need to be very sharp on her knowledge in crimes and crime prevention matters. For instance, she will need to organize her points on “restorative justice” NB: her new strategy fits well on the provisions of restorative justice.
Restorative justice, encompasses a growing social change that are aimed at institutionalizing peaceful approaches to harm, problem-solving and violations of legal and human rights. It involves innovations within the criminal and juvenile justice systems, schools, social services and communities. This is a complete contrast to a situation whereby the law, professionals and state are privileged. Restorative justice engages those who are harmed, wrongdoers, and the affected communities in search for solutions that are in themselves effective and can promote repair, reconciliation and the rebuilding of relationships.
Of importance is that restorative justice assumes a balanced approach to the needs of the victim, wrongdoer, and the community all which leads to the enhancement of safety and dignity for all. [Braithwaite (2002)] The governor will also face the members of public in order to sell her new policy to them, particularly, the media people (public defenders) are known for their knack of throwing hard questions when the right chance presents them selves. NB: the proceeding with strategy’s deliberations by the taskforce will largely depend on the public reception on the plan.
As explained above in order to make her ‘defense’ ‘solid’ the governor needs to turn inside out the literature on restorative justice. Some of the bestselling rhetoric and metaphors on restorative justice are: “A balance between the therapeutic and the retributive models of justice… a balance between the rights of offenders and the needs of the victims… a balance between the need to rehabilitate offenders and the duty to protect the public. ” [Liebmann (2007)] Again: [we want to move away from the current system of justice which asks, “(a) what laws have been broken?
(b) Who did it? (c) What do they deserve? ” to a restorative justice system which asks, “(a) who has been hurt? (b) What are their needs? (c) Whose obligations are these? ” [Zehr (2002)] The members of the taskforce obviously hold different views. For example, the corrections representatives will feel that their views must be listened to since the new proposal will chiefly affect their department than the other two departments. Some members will fail to attend meetings, they will pretend they were never informed in good time; they will delay giving their feeding backs.
In order to overcome any communication barrier, the governor will need to select the best mode of communication that will facilitate an almost instant feedback. Face-to-face communication will make a good bet as it will facilitate an almost instant response and hence regulating, reinforcing, and stimulating the communication. Face-to-face communication also turns a communication into a dialogue and hence issues are likely to be solved mutually. In cases of communication through the media, the governor needs to choose the most appropriate media that will reach all the intended audience.
For written messages, the governor should avoid muddled messages as they will only make the understanding of the content hard and therefore communication will fail. [Erven (n. d. )] After the taskforce deliberates and come to a conclusion, the transmission of the recommendations to the junior administrative officers in the three departments of the justice system will still be subject to communication hassles. Since this will undergo the administrative ladder down to the junior officers, there are the possibilities that opposing officers will delay passing on the recommendations or distort the information.
Some taskforce members will just play arrogant and fail to pass on the information by assuming that other officials in the justice system should know about the new policy. In order to overcome this hurdle the governor’s office will prepare a white paper that will detail the new regulations and their enforcement dates. This white paper will be published in two of the states most read daily newspapers. The governor should also use the most convenient media to pass on the agreed-on policy to members of public.
She should also consider holding public meetings whereby she will one-on-one explain to the public what the new policy entails. [Erven (n. d. )] References: Braithwaite, J. (2002), Restorative Justice & Responsive Regulation 2002, Oxford University Press, accessed on April 18, 2009 Erven, B. L. (n. d. ) Overcoming barriers To Communication, Department of Agricultural, Environmental, and Development Economics, Ohio State University, available online, http://aede. osu. edu/people/erven.
1/HRM/communication. pdf, accessed on April 19, 2009 Liebmann, M. (2007), Restorative justice: How it Works, London: Jessica Kingsley Publishers, accessed on April 18, 2009 The President’s Commission On law Enforcement and Administration of Justice (1967), The Challenge of Crime in a Free Society, U. S. Government Printing Office, accessed on April 18, 2009 Zehr, Howard. (2002). The Little Book of Restorative Justice Intercourse, PA: Good Books, accessed on April 19, 2009