Lecture 8 The Criminal Justice System and Process

Question 1

What is Justice?

Answer 1

“Justice is concerned with balancing competing claims, with dealing fairly with all parties, doing ‘justice’ means giving what is due”(Hudson, 2003)

Question 2

What are the key principles of justice?

Answer 2

Key principles:
Rule of law
Habeas corpus
Presumption of innocence
Right to fair trial
Proportionality

Question 3

What is Habeas Corpus?

Answer 3

The writ of habeas corpus, often shortened to habeas corpus, is the requirement that an arrested person be brought before a judge or court before being detained or imprisoned

Question 4

What are the dominant models in the Criminal Justice Process?

Answer 4

Crime Control = purpose of CJS is prevention and repression of crime through prosecution & punishment.

Due Process = purpose of CJS is to act as arbitrator between individual & state

Question 5

What are the general models in the Criminal Justice Process?

Answer 5

General models:

• retribution and just deserts
• denunciation and degradation
• rehabilitation
• restoration and reparation
• managing offending behaviour
• bureaucratic efficiency
• power

Question 6

What does the Criminal Justice System in England and Wales look like?

Answer 6

1. Crime Reported
2. Investigation
3. Arrest
   - Formal Caution
   - Fixed Penalty
   - Suspect charged
   - Released on Police bail
   - Released without charge
4. Case prepared by prosecution (CPS) - Support given to victims and witnesses
5. Appear at court
   - Defendant not guilty
   OR
   - Defendant guilty
   Community order given, custodial sentence given, youth offender sentenced