Criminal Justice Systems date back thousands of years during the times of Cain and Abel in the bible. The golden rule used was an “eye for an eye.” During the 125BC however, the Roman Republic took place in ruling of criminal offences. The ruling was so inefficient due its many weaknesses. For instance, it kept changing laws every now and then thus bringing in disorientation and vagueness. This resulted to lack of moral basis in the law since people did not know what rules were governing them. In the 375BC, some Christian elements were introduced to the Roman law making it more stable (Anon, n.d.).
History
In the 1230’s, a material containing legal regulations and guidelines were developed by a man by the name Bracton. These laws were used and applied in the formation the English Common law and during the period when America was under colonialists. Still after that period, a man developed other legal principles. His name was William Blackstone. Some of these principles included: justice provides a sanction against the offender, justice is proportionate to our actions, Justice is retributive, judgment declares what is right, judgments corrects what is wrong, judgment directs behavior, and that citizens can not be treated like criminals unless tried and proven to be criminals (Anon, n.d.).
During the colonial period, the colonialists who came to America had no knowledge in law nor did they have any trained lawyers. Thus, they used the English common law system. This system solved cases by use of set standards and guidelines. Decisions made on cases were also based on previous judgments made on similar cases, thus no new laws were made hence the law was stagnant. The court procedures involved members of the community who formed the grand jury.
It was the duty of the jury to decide whether the evidence provided was satisfactory to incriminate a person. However, on realizing that the law system was so poor the colonialists decided to create a new criminal system that was more advanced and efficient. Due to lack of professional knowledge in the field of law, the colonialists made many mistakes and used creativity to make a system that only suited their needs. The system shallow and vague as it included moralistic crimes such as “idleness, lying, drunkenness, and even bad behavior” (Lacey, 2001). However, the colonial criminal justice had several important key institutions which included:
Colonial courts: The pre-revolutionary courts used the laws of Great Britain which created a rebellion since the colonialists complained that the laws were biased as they did not offer the same rights as Englishmen.
The function of the courts was to solve cases of any alleged criminals by colonialists. Most of the courts were presided over by one judge. In 1787, the U.S constitution was adopted and had two of its amendments addressing criminal justice. The Fifth Amendment provided that, “A person shall be given a notice of the case against him, and that he will be accorded an opportunity to prepare for a defense” (Duhaime, n.d.).
Corrections: These were punishments used by the colonialists on persons who were found guilty of their crimes. Whipping was also frequently used especially on slaves who were criminals. Other forms of punishment during that time included cutting off ears and executions. In the 1800’s, more states started to imprison offenders rather than executing or whipping them. By the mid of 1800’s, many of the penitentiaries were turned to reformatories. Criminals started being treated for their crimes by use of therapies and were required to wear striped uniforms (Lacey, 2001).
Police officer: In the colonial criminal Justice system, there was a prime official elected who was the County sheriff. His duties were supervising elections and collecting taxes from citizens. In the 1700’s, the system of night watchmen to patrol at night was created. During the period between American Revolution and Civil wars, municipal police departments were started. In Philadelphia, a 24-hour police force formulated in he 1930’s, while at the same time in New York day and night time forces were organized. Today the system of police chiefs has been fully implemented, while still many counties also have the old sheriff system. These two perform same duties, the only difference being the sheriffs are elected while local governments (Lacey, 2001) appoint police officers.
How Criminal Justice systems have developed over time
Up to today, the criminal justice system has gone through notable developments due to the current technology being applied and the new systems being used. The system is more refined than in the past since it has put in place laws which are more certain, defined and which equally to all citizens. Another observable development includes the recording of all proceedings for future reference. There is also equality in the treatment of offenders and the offenders are also accorded more rights as compared to the past. Punishments such as cutting off ears have also been abolished. Though others such as execution are still applied by some states, their application is only limited to specific cases and specific offenses. Today the criminal justice system operation is based on five components that include the following (Conly, 2009).
Enforcement of the law locally: the police officers mainly carry this out. It has the duty to bring the offenders the criminal justice system though it can resolve some crimes (e.g. speeding) through issuing a fine (Anon, n.d.).
Court trial: At this step, the available witnesses or the law officer present their evidence against the offender to the prosecutor. The prosecutor will then decide whether indeed a case should be filed against the offender.
Court case: the case designed by the prosecutor is then brought before the judge. If the criminal is unquestionably guilty the case will be over and the judge issues punishment. Otherwise, if the accused claims to be innocent the case proceeds to the next step. Trial by a grand jury: a jury in the court hears both sides of the case and decides whether the accused is guilty is not. If found guilty the jury determines the punishment. It is also the duty of the jury to see to it that the proceedings are carried out in the fairest way possible (Conly, 2009).
Decision and punishment: after the jury has heard the case, it then decides whether the offender is guilty or not. If found guilty a punishment is then given.
From the above steps it can be clearly seen that the Criminal Justice System has undergone a lot of polishing and it just gets better every time. At least now, it is organized and procedural. Qualified lawyers who have knowledge and experience in the field of law also conduct it. Indeed this is a recognizable development.
References
Anon, (n.d.). Police History. Web.
Conly, D. (2009). Crime Migrates from Street to Spreadsheet. The Chronicle of Higher Education. Washington, 55(36), p. 6.
Duhaime, L., (n.d.). The Timetable of World Legal History. Web.
Lacey, N. (2001). In Search of the Responsible Subject: History, Philosophy and Social Sciences in Criminal Law Theory. Modern Law Review, 64(3), 350.