1 Flashcards
Actors of the Criminal Justice System
- Judges
- Jury
- Legislators
- Offenders
- Police
- Prosecution
- Victims
- Witness
INTERDEPENDENT System rather than a PROCESS
Is criminal justice a “system”?
Criminal justice represents a wide range of (institutions, actors and practices), each has (objectives and values) and (and interactions) does that make it a coherent or interdependent actors who don't work systematically together
Is it good if it is a coherent system (if everything works together, closely, is it efficient) or our interdependent system
More accurate to talk about a criminal justice “process” since it is interdependent, term of system isn’t always straightforward
Definition of Criminal Justice
The formal response of the state to wrong doing”, legal institution, deals with people suspected of crime, convicting the guilty and exonerating the innocent, achieved by means of due process, fairness and equality before the law
crime control + deterrence
Ways of thinking of Criminal Justice
governance (Zedner 2004), a way of resolving disputes, managing risks, and protecting the public
Way of regulating social world- definitions of crimes and states- psychological etc
social institution (Garland 1990) its a way of a society regulating social order- regulates, governs and controls social order-serves a social function
it is a political system -criminal justice has become more politicised, especially since 1970s
- political parties campaign on law and order
- political suicide to be seen as soft on crime
Concept of discretion in practice
Attrition
ways cases are selected in and out of criminal justice system
Out of all offenses in one year in uk, 2% end up in formal court proceedings
Prosecution in Scotland
Crown office and the procurator fiscal
Procurator Fiscal
Crown office and the procurator fiscal
Prosecution in Scotland
Provides an independent public prosecution service, investigates sudden and suspicious deaths and handles complaints against the Police in Scotland. The Service has extensive responsibilities in the investigation and prosecution of crime. It decides whether or not to start criminal proceedings, even if the accused has not yet
been arrested or charged by the police, and the Crown is not required to give any reason for the decision
Crown Prosecution Service
Prosecutor in England and Wales
Prosecutor in England and Wales
Crown Prosecution Service
Barrister
A lawyer in Britain who has the right to argue in higher courts of law
rights of audience (that is, a right to plead)
lawyer in Britain who has the right to argue in higher courts of law
Barristers
Solicitor
Gives legal advice and deals directly with clients.
Perform legal research and investigates course work
Gives legal advice and deals directly with clients.
Perform legal research and investigates course work
Soliciter
Roles and Functions of Prosecution
1- state sanctioned power to raise criminal cases- prosecutor as representative of the public interest, there is a state monopoly on responses to violence, generally raised this over time from the state and victim, used to be victim’s family of victim’s responsibility, cool detached role as opposed to invested victim
role and functions. more than just a stage in the process and a set of actors,
an institution that has a set of important social functions and meanings:
represents:
prosecution represents staged opportunity for public affirmation of norms and wrongdoing an consequences of breach
durkheim said that it reinforces shared ideals and values over conduct
-sends message out to the public
- prosecution decisions shape number and nature of crimes prosecuted
- shapes type of crimes that come into court
- this is shaped by others too, police and victims
Collective Conscious
The totality of beliefs and sentiments common to the average members of a society forms a determinate system with a life of its own - Durkheim
expressive role
prosecution represents staged opportunity for public affirmation of norms and wrongdoing an consequences of breach
durkheim said that it reinforces shared ideals and values over conduct
What proportion of crimes committed result in conviction
2%
Models of Prosecution
1 model of legality
- mandatory prosecution where sufficient
- found in systems that have criminal and legal codes
- little prosecutorial discretion - written out in advance
- germany and italy
#2 expediency - us and uk -gives wide discretion and flexibility to prosecutor over decisions over most stages
- prosecutor has power to investigate crimes at an early stage of the process
- investigatory powers
most systems are actually hybrid models
Concept of public prosecution developed when in scotland
15th century
Accountability in Scottish law
Lord Advocate directly accountable to Scottish Parliament
Procurator Fiscal accountable only to Lord Advocate
Negative Aspects/Implications of Discretion
Subjective judgement
Potential for discriminatory practices
Disparity and inconsistency- not everyone treated equally, given the same punishments etc, dealt with differently
Tension with ideal of equality before the law
Positive Aspects/Implications of Discretion
Allows flexibility
Avoidance of harsh/indiscriminate application of rules
Mercy and compassion?
External Mechanisms that can control Discretion
accountability to parliament
statutory limits
court decisions
inspectorate of prosecution
public and media scrutiny
Internal Mechanisms that can control Discretion
marking guidelines and codes of practice (now published)
policy
ethical restraints
transparency about decisions
Sentencing Rationales
- Retribution
- Incapacitation
- Deterrence
- Reform and rehabilitation
- Protection of the public
- Reparation