The justice system affects every other aspect of the society. Countries with a fair justice system are able to enjoy peace and economic growth as the citizens in a peaceful environment can invest more of their time in development activities (Stephen, 2005). The area of robbery as one of the violent offenses presents a clear mirror for people to measure the standards of operation in the system of justice. The process of handling the suspects from the time the accused is arrested by the police to the time the judges decide the case would help one judge whether the criminal justice system is effective or not.
Albert (2006) explained that if the structures set in the law courts were to apply in theory, one would talk of a fair system of justice but practice has shown the opposite of what is written in the law books. The process of administering justice is faced with a lot of influences which are extra legal ranging from corruption, discrimination based on ones social status, and the excess discretion given to the prosecutors and the judges which are sometimes misused. Looking at the judicial processes in criminal courts in places like china and the United States, one cannot fail to notice the defects of the criminal justice field.
The police as the primary contact in this process are supposed to arrest the accused and keep them under custody as investigations and interrogations are done. The presumption of innocence is supposed to prevail until one is proven guilty and the rights of the accused should be observed. According to Albert (2006) the police have often treated the accused in very harsh ways and have in several occasions caused body harm in the name of fighting to get information from them. This is a violation of the human rights for the accused persons.
The prosecutors play a vital role in the justice system as they guide the judges and magistrates on how to rule a case. They are supposed to observe fairness and protect the rights of the accused and at the same time ensure that justice is realized at the end of the process. The prosecutors have been corrupted by the parties to the case and often disrupt the adducing of evidence and the testimonies thus misleading the judges and magistrates. The end of such a case is that the innocent are convicted.
According to Stephen (2005) the court systems are very defective, the period of investigation takes too long while the accused is still locked in detention, the confession rate required is very high and the administrative form of penalties can be compared to incarceration that one experiences without trial. The suspects are denied their right to refuse interrogation and and do not enjoy any innocence presumption. The accused are not allowed to have a witness who testifies in support of their defense and confront the people who accused them.
During investigation the accused is denied the right to have a counsel as this is only allowed during trial and even at this stage, access to the counsel is limited by ones financial capability to higher a counsel. The laws which have been adopted by most countries from England and Whales have given the judges a lot of discretion in deciding cases before them. Stephen (2005) stated that judges are allowed to exercise their moral judgments and pass a ruling that is legal.
This exposes the accused to great risks because if the judge is biased by an accused act or has a negative view about an accused actions, he may end up convicting the accused in unfair manner without putting a proper consideration on the points of law. Albert (2006) posited that those who are charged with the responsibility of enforcing the law should adopt the guidelines on human rights which have been set by the United nations directing the prosecutors on how to conduct the judicial processes.
The media should come in to expose the activities which take place behind the judicial curtains in order to ensure that the judiciary is made answerable to the citizens for any activities it undertakes to perform and policies should be adopted to check and control the discretion of the prosecutors and the judges to avoid misuse of power. References Albert, R. (1998). Violence Prevention and Understanding The Rights of the People. New York: McGraw Publishers. Stephen, S. (2000). The Elements of Fair Hearing: What Justice is Accorded to the Minority Ethnics? Michigan: Michigan Publishers.