Introduction
Criminal justice systems denote groups of organizations and procedures embedded in countries’ constitutions to control and prevent their citizens from breaking the law. The systems also propose punishments for lawbreakers. However, a person who may be charged with breaking the law is considered to be innocent until proven guilty. This paper outlines five main arms of the criminal justice system namely; parliament which creates the law, courts where disputes are settled, and justice administered, and the rehabilitation organizations like the prisons, probations, and parole. All these arms work together under the guidance of the constitution.
This study explores investigations of offenses and arrests of suspects both of which are executed by the police who are the law enforcers in collaboration with the defense and the attorney.
The development of a criminal justice system
Criminal justice systems in many countries continue to experience reforms and changes. Constitutional amendments lead to new ways of punishing lawbreakers, observing the rights of suspects, and addressing changes in the police force. Legal dynamics in contemporary society bring about to bring changes in people’s culture, political and economic perspectives.
Traditionally, suspects would be sent into exile or compelled to pay hefty fines. Offenders who were unable to pay fines would be punished severely. Prisons were rarely used in the 14th Century. Their use increased in the 19th Century. Criminal laws have since been changed by many states to remove torture and corporal punishment as correctional remedies. Prisons are the modern world’s form of incarceration of law offenders and crime suspects. Modern policing is widely practiced today. The concept was first introduced by London metropolitan police with the main aim of preventing criminal activities from happening. In earlier times, citizens did not respect the police. Instead, corruption became a common occurrence.
In 1990, new technology and strategy of community policing were developed by the police, and this assisted in improving the relationship between the police and the community.
Criminal justice systems
The court order
This component denotes a law enforcement organ. Courts observe and uphold many types of laws. Any accused person is entitled to his rights like that of facing his accusers, defending himself, and legal representation. A suspect who may not afford to hire a legal expert is entitled to free legal representation catered for by the state. Every citizen has a right to an appropriate and just judicial process. The courts’ mandate entails safeguarding the law of the land and making verdicts on cases brought before them. The accused can be found guilty or innocent. If found culpable of committing felonies, the state may hold suspects in the correction facilities, and if innocent, they can be set free. This aspect denotes the sole responsibility of the courts (Edwards, 2010).
Correctional mechanisms
An individual found guilty of perpetrating a felony may be imprisoned and sent to jail as a correction measure or subjected to probation, or both. Correctional facilities may face many challenges like overcrowding and poor sanitation. Human factors may also form part of the problems that correctional centers face like bullying, theft, and intimidation.
Description of each country
An investigation of the suspect is usually the responsibility of the police force. In certain systems, the investigative process constitutes the probationary, examination, and trial phases (Art & Jervis, 2011).
Common law
This legislation is similarly practiced by nations that were formerly under the British colony or members of the commonwealth. It is popularly referred to as the “English Common Law.” The statute borrows a lot from the Bible and also from other regulations that were practiced by Romans, Anglo-Saxons, and Normans. Scholars accredited King Henry II (r. 1154- 1189) for creating the English Common Law. Before Henry’s rule, cultural law and religious doctrines were practiced independently. Henry formed the King’s court and drafted rules that governed everybody hence the name “common.” The legislation formulated by Henry became famous in England. The laws were referred to as “legal precedents”.
Civil law
It is a general legal system in the universe and is practiced in many countries in the world. Its major characteristics comprise Roman and Canon laws, a combination of various statutes and their legal interpretations put together by the Roman emperor. These laws are well planned and documented systematically.
The main aim of civil law is parliament that makes them and ensures that they are well written and documented in the approved constitution of a nation. Certain countries affix codes to their civil laws. The legislation may also vary in the manner in which they are interpreted. France is one of the countries whose civil law may require reforms as the civil statutes can be interpreted differently (Rangel, 2010).
Eastern Asia
In this region, social law is utilized by many countries like China and other communist states especially in Russia. Social law may be equated to civil law because it was derived from the Marxist-Leninist ideology. North Korea’s laws may be based on communist doctrines.
Islamic law
It is a religious law practiced in Muslim countries and can be referred to as Sharia (An Arabic word that means “the Right Path”. In several Islamic nations, Sharia is administered together with civil laws. Sharia doctrines examine an individual’s public and private life in terms of his obligations and make recommendations on a suitable or preferred code of conduct. The law also stipulates punishment for law offenders. Sharia law may be derived from the Qur’an, the holy book of Muslims that was given to Prophet Muhammad by angel Gabriel. Saudi Arabia is an example of a state that upholds religious law. The doctrine can be derived from Sunnah, the book that contains the teachings of the prophet and his work.
Management of legal issues in the modern legal system
The government must avail efficient services to people who need them.
States must uphold the right to information, advice, and representation when providing legal services to all their citizens.
Courts must safeguard the law and uphold justice.
Legal systems are managed and run by public money and the funds must be managed diligently as required and planned.
The impact of culture on the development of each system
Cultural differences have their merits and demerits. They play different roles and realize varying outcomes in the criminal justice system. Cultural perspectives may bring out creativity, development of new ideas, policy-making, and equity concerns. Culture can also dictate how a judgment may be made because a judge may refer to particular cultural practices when writing a final judgment in a given case.
The relevance of politics to the management of each legal order
People who make decisions in the legal system are politicians who are usually elected by the citizens of a given country through a democratic process. When drafting laws, parliamentarians always make political decisions that must conform to their party manifesto (Kinzer, 2009).
Judges may at times be persuaded by political pressure to make certain decisions.
Conclusion
The criminal justice system is evolving fast unlike in the olden days. Traditionally, the justice system did not experience the dynamism observed in the contemporary age. Today, the justice system is accommodative, friendly, and result-oriented based on the rule of law. Citizens need to embrace legal changes as they stand to benefit from them.
References
Art, R., & Jervis, R. (2011). International Politics: Enduring concepts and contemporary issues tenth edition. Boston, MA: Longman.
Edwards, S. (2010). Left Behind: Latin America and the False Promise of Populism. New York, NY: John Wiley & Sons.
Rangel, C. (2010). The Latin Americans: Their Love-Hate Relationship with the United States. New York. NY: Harcourt Brace Jovanovich.
Kinzer, S. (2009). Overthrow: America’s Century of Regime Change from Hawaii to Iraq. Northern California, NC: Times Books.