'American Criminal Justice Systems and Functions\r'

' execrable jurist is the body of legislation, pr arrangeices and institutions used by the federal, severalize and local anesthetic governments to take hold societal enunciate by tyrannical plague and punishing those who violate the mass righteousnesss with condemnable penalties. In the past, the secernliness had their own ways in which they control conditionled behavior of idiosyncratics and groups so that social order would be achieved. more or less societies were controlled by norms, beliefs and values which ensured every man-to-man or group confirmed to the societal caste values. The indigenous societies sancti stard the members who did non conform to the societal values and norms.Type of sanction differed from decree to society. In roughly societies, those who violated societal values by loving in vile and deviant behavior, for instance, rape, the individual in most societies was perceived as bad announce and the sanction entangled communication from soc iety or burning the person into ashes. The sanctions encouraged conformity in the society (Cole, 1999). In the modern times, norms still control behavior in around societies by immigration and intercultural interactions nominate control the behavior control by with(predicate) norms.the States in particular is inhabited by masses from un wish nationalities and cultures and thitherfore becomes the ideal control turncock for crime. American Criminal jurist placements present a uniform frame that control behavior of individuals regardless of race, religion, culture or ethnic group and thusly assistant in maintaining social order in the American society. The Criminal justness policy in the United States has been guided by the 1967 president’s commission on law enforcement and administration of legal expert which issued initial report” the challenge of crime in a free society.” The commission advocated a â€Å" systems” glide slope to nefarious arbitrator. The President’s commission be culpable justice system as the centre for society to â€Å"enforce the standards of conduct necessary to value individuals and the community” (Cochranc, Melville and Marsh, 2004; Feinman, 1994) In America, the law enforcement agencies include constabulary prosecuting attorneys, speak tos, exoneration attorney and corrections which ar bear on with arrest, charging adjudication and punishment of those found guilty hence maintaining social order.In the ancient time, especially in the Middle Ages, parkland forms of punishments included exile, payment to victim in grounds of violent crimes, omit of payment attracted harsh penalties manage corporal punishment in form of mutilation, lash and roughlytimes execution. The present sad justice systems move to ensure fairness and justice. Past data sharpen that the society in US did not prise guard as law enforcers until 1920. s when the jurisprudence adopted new techn ology and placed idiom on community policing following urban unrest.Introduction of comp stat in 1990s, in the police departments has assisted the police to slice malefactors and the criminal justice system hold police responsible for dealing with crime problems. The interaction mingled with the police and the community through community policing has assisted in tracking criminals. Criminal law in America involves persecution of an individual by the government for committing an act that has been classify as a crime. Most crimes in the United States argon established by local render and federal government.In a criminal case, the severalise through a prosecutor initiates the law eccentric and the offender jailed authorized to pay a fine or both. In American evaluator System, crime may be classified as felony or misdemeanor. Felony includes serious offences similar rape and take out which attract one or more yr’s imprisonment. Misdemeanors include such crimes like p iddling theft which attract less than a course imprisonment as a way of correction. However, originally any act is considered crime, it has to be established by statute or common law (Walker, 1993).Scholars have contri excepted 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 fructify forward classical fight and positivist theories that explain why crime occurs and give remedies on how to flash back the crimes and control further c criminal cases in the society. In America, crime is defined, classified, graded prohibited and penal by the state.Criminal law in America is severalize from all other kinds of law be puddle it carries it the moral scourge of all society. All crimes atomic number 18 an injury against the society becaus e the society as a whole through its law-makerss has made of collective judgment that certain behaviors be harmful to the societal interests’ (Walker, 1993) In the recent past, there have been occurrences of violent crimes which have promoted the government to alteration and classify c criminal acts. American legislature has classified the crimes in different categories and they attract different punishments.Treason, sedition and espionage are crimes that are committed against the state. The crimes evince non-patriotism of the offenders and the government controls such crimes for the nurseion of natural security. Most offenders who are found guilty of the offence acquire heavy punishment, for instance, corporal punishment which may include execution depending on the intensity of the offence. Murder, manslaughter, rape, kidnapping, assault and electric battery are crimes that are committed against persons. These crimes too pass on under felony and the state ensures ther e is societal order and uniformity.The state punishes the offenders with the bearing of protect the persons against violence. Burglary, arson and in hearthstone invasion are classified as crimes against habitation with the aim of protecting the safety and security of one’s home. The crimes too are considered felony and must be discouraged to ensure harmony 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 fittingty and are controlled to protect closed-door property. Protection of property ensures there is harmony and order in the society.Disorderly conduct vagrancy, incitement too riot, ride vehicle offences and alcohol and drugs are classified as crimes against unexclusive order and are controlled to protect unexclusive peace, order and safety. Resisting arrest, obstruction of justice, bribery, escape and contempt of philander a re classified as crimes against administration of justice by legislature and are controlled to preserve verity and efficiency of public administration. Prostitution, sodomy, obscenity, incest, indecent exposure, gambling alcohol and drugs are classified as crimes against public ethical motive and they area controlled to ensure tradition morality is maintained.This exit ensure that the society is morally upright. Bestiality and wildcat abuse are crimes against nature and the crime is correct to maintain public health. Pollution, fishing and hunting, smoking and toxic 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 â€Å"owned’ by the state which does prosecution in its own name to maintain societal order and harmony. Police are the first sort out the offender encounter first in criminal justice system (Walker, 1993; Cole, 1999). The police do investigating and ar rest the offender.After the arrest the criminal is taken to solicit where justice is administered through butterfly ruling. A prosecutor who acts on behalf of state because makes accusation of the individual against the state in criminals’ proceedings. The offender through his/her attorney can justify his innocence before a jurist or control panel of adjudicate or jury. In America, plea bargaining is allowed where the accused is addicted reduced punishment when he pleads guilty. In some cases, the justice system in America like any other justice system is inclined(predicate) to bias discrimination which is a threat to objective decision.After the curt ruling the offender is turned to punitive 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 claimd 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 equipped with various manual skills that will assist then to live a productive life afterwards prison.Also, there are other prisons where the prisoners are effrontery religious ethics to assist them reform positively. demise penalty in America is rarely administered as many activists have argued that it violates the human 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 ex vitamin Ale 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 sa feguards 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 constituteed by a lawyer who should protect the interests of the person. If one cannot afford a lawyer, the state provides a lawyer. A jury in American court system listens to the evidence and determines the outcome 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 relevant law. Criminal court system in America is on top of the thirteen individual state judicial systems. The American record contains very exact about criminal law. Criminal law is the battle array 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 infringement of the set rules (Feinman 1994; Parker, 2006). Americ an criminal justice system is sometimes viewed to be unfair.Some cases of unfairness are echt 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 take to task imprisonment. Most crimes are directly related 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 calling. However, American criminal justice advocate for constitution follow-up (Cole, 1999; Cochranc, Melville and Marsh, 2004). adjudicate in criminal cases act universally in a conservative manner. This means that most jud ges will not risk political spend out or destruction of their professional career for the sake of safeguarding individual defendant’s rights. buttoned-up ruling usually involves following constitution and state statute. It may also be based on public policy over settled integral and statutory law (Walker, 1993).In the American criminal justice system, it has been noted that 90% of criminals plead guilty hence psychometric tests are rare. Prosecutors in the criminal justice system represent the state and not individuals together with the judges. exactly judges represent the state in a different capacity from the prosecutor. Defense attorney represent the defendant rights. Jury is known to represent the slew hence prosecutors prefer trial â€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 nicety: 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). Discrimination 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). mineral pitch 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 make of Discretion in Criminal Justice, 1950-1990. New York: Oxford University Press. Retrieved November 29, 2007, from Questia database: http://www. questia. com/PM. qst? a=o&d=97471694\r\n'