criminal justice system
TRANSCRIPT
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Criminal Justice System
Avinash Rajput Criminology 2nd Semester Lok Nayak Jayprakesh Narayana National Institute of
Criminology and Forensic Science Ministry of Home Affairs
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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
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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
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The Branches of Criminal Justice System
LEGISLATIVE BRANCH
JUDICIAL BRANCH
THE EXECUTIVE BRANCH
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LEGISLATIVE BRANCH Defines criminal behavior
Establishes penalties
Passes laws governing criminal procedure
provide funding for criminal justice agencies
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JUDICIAL BRANCH The guilt of persons charged with crimes
Interpret the law
Administers the process by which criminal responsibility is determined
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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
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The major components of the Criminal Justice System
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POLICE Enforce laws Investigate crimes Apprehend offenders Maintain public order rotect rights/freedoms of indivduals
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Hierarchy of Police
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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
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Main Components of Court JUDGE
PUBLIC PROSECUTOR
DEFENCE LAWYER
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CORRECTION Rehabilitate and reform offenders Protect the community Humane custody
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Hierarchy of Prison
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Criminal Justice System as a Filtering Process
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Key Players in Criminal Justice System
POLICE
PUBLIC PROSECUTOR
DEFENCE LAWYER
JUDGE
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POLICE Investigate the case Arrest the accused Collect the evidence Keep the peace Prevent crime Provide social services
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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
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Hierarchy of Prosecution
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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
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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
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Purpose of Criminal Justice System
DOING JUSTICE
CONTROLLING CRIME
PREVENTING CRIME
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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
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Types of Criminal justice system
INQUISITORIAL PROCESS
ADVERSARY PROCESS
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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
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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
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DISADVANTAGE OF INQUISITORIAL PROCESS
Equal treatment of the law for all segments of the society is not entertained
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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
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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
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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
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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
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Thank You