American Criminal Justice Systems and Functions

distressing judge is the bulge outline of legislation, practices and institutions used by the federal, produce and local determinements to go along social order by agreeling iniquity and punishing those who attaint the set fairnesss with wretched penalties. In the past, the society had their own ways in which they controlled demeanour of individuals and groups so that social order would be achieved. Most societies were controlled by norms, beliefs and value which moderated every individual or group confirmed to the societal set determine. The indigenous societies sanctioned the members who did non conform to the societal values and norms.Type of sanction differed from society to society. In some societies, those who violated societal values by engaging in felonious and deviant bearing, for instance, rape, the individual in most(prenominal) societies was perceived as bad omen and the sanction accept communication from society or burning the person into ashes. The sanctions encouraged concord in the society (Cole, 1999). In the modern times, norms still control expression in some societies by immigration and intercultural interactions direct limited the behavior control through norms.the States in particular is inhabited by mountain from different nationalities and cultures and therefore becomes the ideal control similarlyl for crime. American condemnable Justice systems present a uniform system that control behavior of individuals regardless of race, worship, culture or ethnic group and hence supporter in remarking social order in the American society. The malefactor justice polity in the United States has been guided by the 1967 presidents commission on law enforcement and administration of Justice which issued initial opus the challenge of crime in a free society. The commission advocated a systems approach to barbarous justice. The Presidents commission defined vicious justice system as the means for society to enforce the s tandards of accept necessary to protect individuals and the club (Cochranc, Melville and Marsh, 2004 Feinman, 1994) In America, the law enforcement agencies include born(p) law force prosecutors, courts, defense attorney and corrections which ar concerned with rub, charging adjudication and penalisation of those found guilty hence maintaining social order.In the ancient time, especially in the nitty-gritty Ages, common forms of punishments included exile, payment to victim in case of barbarian crimes, lack of payment attracted harsh penalties like corporal punishment in form of mutilation, flogging and sometimes execution. The present fell justice systems feat to ensure fairness and justice. Past data indicate that the society in US did non respect police as law enforcers until 1920. s when the police adopted new technology and placed emphasis on community policing following urban unrest.Introduction of comp stat in 1990s, in the police departments has assisted the pol ice to track cruels and the criminal justice system hold police responsible for dealing with crime problems. The interaction between the police and the community through community policing has assisted in tracking criminals. turn law in America involves persecution of an individual by the government for placeting an act that has been categorise ad as a crime. Most crimes in the United States ar launch by local read and federal government.In a criminal case, the allege through a prosecutor initiates the law suit and the offender engrossed authorized to pay a fine or both. In American Justice System, crime whitethorn be classified as felony or misdemeanor. Felony includes serious offences like rape and murder which attract one or more years imprisonment. Misdemeanors include such crimes like diminutive theft which attract less than a year imprisonment as a way of correction. However, before any act is considered crime, it has to be realized by statute or common law (Walker, 1993).Scholars have contributed a lot in the American Criminal justice system. Scholars through providing courses in criminology and psychology assist in explaining why some individuals engage in criminal behavior and classify different types of crimes like organized crime, white-color crime and juvenile crime. Sociologists have put forward classical conflict and confirming theories that explain why crime occurs and give remedies on how to curb the crimes and control further c criminal cases in the society. In America, crime is defined, classified, grade prohibited and punishable by the democracy.Criminal law in America is sublime from all other kinds of law because it carries it the moral condemnation of all society. every last(predicate) crimes be an in control panel against the society because the society as a altogether through its legislative bodys has made of collective judgment that certain behaviors atomic number 18 ill to the societal interests (Walker, 1993) In the new-made past, there have been occurrences of violent crimes which have promoted the government to revise and classify c criminal acts. American legislature has classified the crimes in different categories and they attract different punishments.Treason, sedition and espionage be crimes that are committed against the state. The crimes indicate non-patriotism of the offenders and the government controls such crimes for the protection of natural security. Most offenders who are found guilty of the offence receive fleshy punishment, for instance, corporal punishment which may include execution depending on the military capability of the offence. Murder, manslaughter, rape, kidnapping, assault and battery are crimes that are committed against persons. These crimes too glint under felony and the state ensures there is societal order and uniformity.The state punishes the offenders with the intent of defend the persons against violence. Burglary, arson and home invasion are cl assified as crimes against habitation with the aim of protecting the safety and security of ones home. The crimes too are considered felony and must be discouraged to ensure unison in the society (Cole, 1999 Parker, 2006 Cochranc, Melville and Marsh 2004). Theft, larceny, robbery, vandalism, forgery, extortion, fraud and embezzlement are classified as crimes against place and are controlled to protect private property. Protection of property ensures there is harmony and order in the society.Disorderly conduct vagrancy, incitement too riot, motor vehicle offences and alcohol and drugs are classified as crimes against open order and are controlled to protect commonplace peace, order and safety. Resisting arrest, obstruction of justice, bribery, beat and contempt of court are classified as crimes against administration of justice by legislature and are controlled to preserve honesty and efficiency of public administration. Prostitution, sodomy, obscenity, incest, indecent exposur e, gambling alcohol and drugs are classified as crimes against public morals and they area controlled to ensure tradition morality is maintained.This will ensure that the society is morally upright. Bestiality and animal abuse are crimes against constitution and the crime is regulated to maintain public health. Pollution, fishing and hunting, smoking and hepatotoxic waste dumping in America are crimes against environment and the state regulate them to preserve public health and natural environment. All crimes in US are owned by the state which does prosecution in its own name to maintain societal order and harmony. Police are the first grouped the offender encounter first in criminal justice system (Walker, 1993 Cole, 1999). The police do investigation and arrest the offender.After the arrest the criminal is taken to court where justice is administered through court ruling. A prosecutor who acts on behalf of state then makes accusation of the individual against the state in crimin als proceedings. The offender through his/her attorney can justify his ingenuousness before a judge or panel of judges or jury. In America, plea bargaining is allowed where the accused is given reduced punishment when he pleads guilty. In some cases, the justice system in America like any other justice system is prone to influence discrimination which is a threat to objective decision.After the curt ruling the offender is turned to correctional authorities when found guilty (Walker, 1993 Cole, 1999). In America, prisons are meant to reform criminals hence viewed as the best correctional authority. In America, the offenders may be required some set amount of fine to be set free or in conjunction with imprisonment. In the recent past, probation has become common where the individual mobility is limited together with opportunity to commit a crime while in prison the prisoners are furnished with various manual skills that will assist then to live a productive life after prison.Also, t here are other prisons where the prisoners are given religious ethics to assist them reform positively. Death penalisation in America is rarely administered as many activists have argued that it violates the homophile rights of the criminals. American court system is based on English statutes. In the court, four groups are involved in criminal case proceeding. These include the offender, prosecutor, judge or panel or judges or jury and the attorney. American legislature is responsible for enacting statutes, for example criminal law which govern conduct of individuals, groups or organization.American court system is governed by rules of procedure. The criminal cases in the court require special contribution safeguards for the accused. In a criminal case, the party that brings a case is called the prosecutors and the person sued is called defendant. The American legal system allow defendant to be represented by a attorney who should protect the interests of the person. If one cann ot afford a lawyer, the state provides a lawyer. A jury in American court system listens to the evidence and determines the outgrowth based on substantive law as instructed by a judge.The judge in American court system acts as a reference by enforcing the rules and explaining the applicable law. Criminal court system in America is on top of the thirteen individual state legal systems. The American constitution contains very little about criminal law. Criminal law is the collection of rules that identifies behavior that is condemned by the government with the aim of protecting the health and safety of American citizens and the state punishments with violation of the set rules (Feinman 1994 Parker, 2006). American criminal justice system is sometimes viewed to be unfair.Some cases of unfairness are genuine especially when there is discrimination based on race, religion and ethnic group. However, some cases of unfairness are based on misconception or due to conflict of law criminal. Most criminal defendants are not incarcerated for their crimes, not because the state lack resources to finance imprisonment, but because their offences are not insufficiently serious to warn imprisonment. Most crimes are directly think to lack of education, homelessness, mental illness, drug addiction, alcohol addiction, lack of proper parenting as opposed to evil motive.Therefore many judges, defense attorney and police officers are aware of the cause unless they are new in the career. However, American criminal justice advocate for constitution follow-up (Cole, 1999 Cochranc, Melville and Marsh, 2004). Judges in criminal cases act universally in a conservative manner. This means that most judges will not risk political fall out or destruction of their professional career for the sake of safeguarding individual defendants rights. Conservative ruling usually involves following constitution and state statute. It may also be based on public policy over settled constitutional and sta tutory law (Walker, 1993).In the American criminal justice system, it has been noted that 90% of criminals plead guilty hence trials are rare. Prosecutors in the criminal justice system represent the state and not individuals together with the judges. But judges represent the state in a different capacity from the prosecutor. Defense attorney represent the defendant rights. control panel is known to represent the people hence prosecutors prefer trial by judge while defense attorney prefer trial by jury (Cole, 1999 Parker, 2006) In conclusion, American criminal justice system is controlled by the American constitution and differs in the various states.The system is mainly meant to maintain order in society. References Cochrane, J. , Melville, G. , & Marsh, I. (2004). Criminal Justice An Introduction to Philosophies, Theories and Practice. London Routledge. Retrieved November 29, 2007, from Questia database http//www. questia. com/PM. qst? a=o&d=108764949 Cole, D. (1999). Discrimina tion and Denial Systemic Racism in Ontarios Legal and Criminal Justice System, 1892-1961. Canadian Journal of Criminology, 41(3), 428. Retrieved November 29, 2007, from Questia database http//www. questia. com/PM. qst? a=o&d=5001287719 Feinman, C. (1994). Women in the Criminal Justice System (3rd ed.). Westport, CT Praeger Publishers. Retrieved November 29, 2007, from Questia database http//www. questia. com/PM. qst? a=o&d=15255576 Parker, M. (2006). Asphalt Justice A Critique of the Criminal Justice System in America. Journal of Comparative Family Studies, 37(3), 479+. Retrieved November 29, 2007, from Questia database http//www. questia. com/PM. qst? a=o&d=5016038470 Walker, S. (1993). Taming the System The Control of Discretion in Criminal Justice, 1950-1990. juvenile York Oxford University Press. Retrieved November 29, 2007, from Questia database http//www. questia. com/PM. qst? a=o&d=97471694