In this paper the theme is to discuss the peripheral of the Criminal Justice system and its roles. This paper will also explain the process of the Criminal Justice System. In addition, it will give a brief description of crime, its relationship to the law and the models of how society determines its acts. Crime and its relationship to the law The definition of crime is a certain individual who commits a wrongful offense that is against the law. Crime is sometimes labeled as unenforced and can result in crimes and wrongful doings..
Crimes are determined to be offenses that is done wrong to the public or state. The relationship between crime and the law is without laws crimes cannot be enforced and therefore, society will take matters into their own hands. Without laws the society will not be safe and therefore, cannot protect the innocent from experiencing victimization (Schmallager, 2011). Components of the Criminal Justice System In society today there are two common laws that allow society to function and decide which acts are considered criminal.
Those Two laws are known as the Consensus Model and the conflict model. The Consensus models concludes that the Criminal Justice system works together to reach an achievement known as Justice. However, the conflict model concludes that the Criminal Justice systems main purpose is to serve their own interests (Schmalleger, 2011). The criminal Justice system is composed of three sections. Those sections consist of Police or law enforcement agencies, courts and corrections. Each component functions to comply. Police are the people who investigate and make the arrests.
Their main purpose is to keep the streets and people in society safe from crime. The second system is the courts. The courts are used to settle disputes and found innocent or guilty. The main purpose of the courts is to decide if an individual is innocent or guilty. The final step is the corrections. The corrections forms the punishment of the criminal, some include monetary, house arrest, and even probation. The main purpose of the corrections is to keep the offender from committing another crime (Schmallager, 2011). The Government Structures in the Criminal Justice system.
The Criminal Justice System consists of agencies at the federal, state, and local level. These branches are the legislative branch, the judicial branch, and the executive branch. The Legislative branch provides funding for the criminal justice agencies. The Judicial branch makes the judgments and pronounces the guilt of persons charged with crimes. The third branch, which is the executive branch, gives the power to enforce laws (Criminal Justice Information & Support, 2013). The Criminal Justice Process There are many steps to the Criminal Justice Process beginning with an investigation.
To start an investigation means law enforcement members to find evidence of a crime or case and prove that their suspect or convicted suspect has committed the crime. The second step is to make an arrest and take the individual into custody where they are later ask questions about the crime committed and then they are provided with a court date. Once they are provided with a court date they are taken in for booking. During this process personal information is taken and inserted into the computer systems. Miranda Rights are then read to he or she before they are placed in a holding cell.
Then there is appearance for their next court date. During their appearance to the court the judge who is viewing their case will provide them with the charges that are against them, the judge will also remind them of their rights and depending on how bad their crime is he or she may provide them with the opportunity for bail. Also during their first appearance they will be provided a lawyer if he or she cannot afford one or does not have one. (Smalleger, 2011). The next process of the Criminal Justice process is the preliminary hearing.
The purpose for a preliminary hearing is to decide whether or not the evidence of the case is good enough to go to trial. In a preliminary hearing a judge will decide if a crime has been committed is really stated as a crime. Depending on how strong the evidence is, he or she may suggest a plea bargain to be arranged. In some states the prosecutor may continue the case against a defendant by filing “information” with the court. Information that is filed is on a basis of the outcome of the preliminary hearing. Some states require an indictment be returned by a grand jury before the prosecution can go on.
The grand jury then hears the evidence from the prosecutor and decides whether the case is going to trial. Arraignment is the next step in the process. At the arraignment the accused victim will stand in front of a judge and hear the information that is against him or her as it reads. The defendant is then asked if they are guilty, not guilty, or no contest. If the defendant is guilty the judge will sentence a punishment (Criminal Justice Information & Support, 2013). Goals of the Criminal Justice System The goals of the Criminal Justice system are to maintain order, punish the guilty, and remove threats from society.
Presumption of innocence begins with presuming that the suspect is innocent until proven guilty. Then there is due process which is related to the presumption of innocence. Due Process involves a complete examination of each case. Independent judiciary states that anyone who is accused of a crime can chose to have their case seen by jury members who will provide them with a fair and honest trial. Openness and accessibility is another step that is a goal to the Criminal Justice System. It states that only the public can give information about how they feel about the public.
Equality before law is the last goal of the criminal Justice system, it states that people in Canada also be given a fair and impartial trial (Criminal Justice Information & Support, 2013). Conclusion The objective of this paper is to show how the Criminal Justice system runs and how the laws are applied. In addition, it shows how the relationship of crime is created to the law. Also it describes the components of the Criminal Justice system. Works Cited Criminal Justice Information and Support. (2012). Retrieved from www. justicebc. ca F. schmallager, 2011 Criminal Justice Today (11th ed. )Upper Saddle River, NJ Pearson/Prentice Hall.