ABSTRACT
The criminal justice system provides the mean, or framework, for enforcing laws, adjudicating criminal offenses, and protecting public safety. This article is the first to provide a comprehensive review of the many aspects of the justice system, including police prosecution and corrections, with the primary focus on systemic barriers and reforms. Zeroed in on are such topics as racial and socioeconomic inequities, the success rate of rehab programs, and the methods in which technology fight and prevent crime. The aim is to provide empirical evidence about the effectiveness of certain current practices and suggest ways in which these can be improved by using case studies and statistical data and analyzing the available policies. The results reinforce the notion that policymakers should take a nuanced stance where both criminal deterrence and offender treatment are core principles.[1]
KEYWORDS
Criminal Justice, Crime, Judgement, Evidence, Law enforcement
INTRODUCTION
The criminal justice system is at the bedrock of societal organization; constituted to maintain due process, safeguard individuals, and deliver final judgements. Consisting of a complicated web of establishments such as police departments, courts, prisons alongside other auxiliary undertakings; society control can’t be sustained without these. It plays its significant roles in the context/detail societal control, crime deterrent and preventer mechanisms as well as ensuring that lawbreakers meet their match through punishment. Operating under a set of legal principles and procedural safeguards designed to protect individual rights and encourage fairness and equity, the system works. [2]
In recent years, the criminal justice system has come under intense scrutiny for needing change, which is as a result of notable cases of corruption, system. National and international debates have been ignited by these issues. Debate has further brought out the need for holistic reform in order to face underlying inequalities and make justice system work better.
Research in criminal justice is touching on areas as diverse as crime causation, prevention strategies, analysis of criminal behavior, as well as effectiveness of rehabilitation programs. bias, race, social-economic status disparities among others. Furthermore, we will explore in this paper the key components of the criminal justice system such as its pattern, functioning, obstructors and efforts to reform it.
This paper explores specific areas of the criminal justice system, such as its formation, activities, difficulties facing it, and the efforts ongoing to change it. By looking at the recent literature and using scientific studies as basis, it hopes to clarify how this system works in different situations, what effects it has on diverse communities, and ways forward.[3]
RESEARCH METHODOLOGY
This research on criminal justice uses a mixed methodological design that brings together both quantitative and qualitative techniques for a better understanding of the subject. This includes more elaborate data with strong contextual information at the same time making provision for statistical analysis in order to detect trends and relationships. [4]
REVIEW OF LITERATURE
1. Historical context and evolution
This research on criminal justice uses a mixed methodological design that brings together both quantitative and qualitative techniques for a better understanding of the subject. This includes more elaborate data with strong contextual information at the same time making provision for statistical analysis in order to detect trends and relationships.[5]
2. Theological perspectives
The theory of criminal justice encompasses diverse angles concerning root causes of crime as well as most effective approaches towards dealing with it. The classical theories, advanced by philosophers such as Cesare Beccaria and Jeremy Bentham, are supportive of a rational punishment that stresses on deterrence and proportionality. In contrast, positivist theories, influenced by Cesare Lombroso, focus on the biological and psychological factors that contribute to criminal behavior. Contemporary criminological theories, including social learning theory, strain theory, and labeling theory, explore the social and environmental influences on criminal behavior..[6]
3. Systematic challenges and inequities
There are major issues within the criminal system that reoccurring studies pinpoint. Major disparities based on race and wealth exist – thus non-White people especially blacks as well as Latinos are overrepresented in arrests, sentencing, and imprisonment. Social class is a determining factor in cases involving people from low income families who often get arrested more frequently than those who are at a higher class level this difference raises issues of prejudice against other groups which can result into unfair treatment in general.[7]
4. Law enforcement practices
Law enforcement practices have been a focal point of research. Research has concentrated on the police enforcement patterns, notably following several cases where the police were accused of using brutal force and exceeding their required limits whenever dealing with criminal suspects. Most of the literature reviewed focuses on the association between various policing strategies including community oriented policing, zero-tolerance policies, predictive policing and their influence on crime control as well as relation of the members of the public. Additionally, studies explore the effects of police training, accountability measures, and body-worn cameras on reducing incidents of misconduct and improving transparency.[8]
5. Judicial processes and sentencing
The judicial process, from arrest to trial and sentencing, is another critical area of research. Another significant realm for inquiry pertains to judicial process that extends from arrest through to court trial and pronouncement of judgement to cases. Scholars try to analyze how discretion operates in prosecutorial decision-making process, plea bargaining, and final judgment on offenders. Study subjects have critiqued laws such as minimum mandatory sentence prescriptions; the three strikes provision etc., on the grounds they promote jail overcrowding or impose heavier punishments on minorities. Research also explores alternative sentencing models, such as restorative justice and drug courts, which aim to provide more rehabilitative and less punitive responses to crime. [9]
Conclusion
The literature on criminal justice reveals a multifaceted and dynamic field, characterized by ongoing debates and evolving perspectives. While significant progress has been made in understanding the complexities of crime and justice, numerous challenges and disparities persist. Continued research and policy innovation are essential to address these issues and move towards a more just and effective criminal justice system.[10]
METHODS
I have used various books, websites, blog, journals and articles in completing my work.
Some of the references include:
•Alexander Michelle, The New Jim Crow: Mass Incarceration in the Age of Colorblindness 79 (The New Press 2012)
•Becker Howard S, Outsiders: Studies in the Sociology of Deviance 111-113 (Free Press 1963)
•Bibas S, Plea Bargaining Outside the Shadow of Trial 117 (Harvard law Review 2004)
•Bratton W & Knobler P, Turnaround: How America’s Top Cop Reversed the Crime Epidemic 246 (Random House 1998) .
SUGGESTIONS
Some suggestions for this respected topic include:
- Impact of Mandatory Minimum Sentences on the Criminal Justice System
Explore if these laws serve their prevention and delivery of justice. Besides, analyze the implications of required minimum sentences on sentencing outcomes. [11]
- Role of Forensic Science in Criminal Justice
Assess the importance and reliability of forensic science in criminal investigations and trials.[12]
- Police use of Force and Accountability
Discuss how police uses force. Deliberate on ways to ensure responsibility such as body cameras, civilian review boards and federal oversight. [13]
- The Effectiveness of Rehabilitation Programs in Prisons
The effectiveness of different rehabilitation programs in the reduction of recidivism is mainly conference on educational programs , vocational training and mental health services. [14]
- Juvenile Justice Reform
The difficulties and victories in changing juvenile justice systems need our eyes on them. Also consider the treatment of juvenile offenders, how juvenile detention affects them and other alternatives to imprisonment. [15]
CONCLUSION
Historical evolution and underlying theories are the lenses through which current practices can be best understood. Transition from a punitive mentality to a more caritative one is a persistent struggle to reconcile public security with individual rights. Nevertheless, these developments notwithstanding, structural injustices like racism and economic inequality continue in society, thus shaking the very foundation of justice and equality within the system.
Protection methods used by men in uniforms, the courts’ way of working and penal methods that are used have good sides and bad sides specific to each of them. Good policing strategies and the law changes would end better but they should be morally put into use so that they do not backfire to different things. Recidivism rates tend not decrease after criminals are jailed yet, there are non-custodial programs which appear effective at facilitating offenders’ re-entry in society.[16]
According to research, comprehensive reforms are essential in addressing systemic issues. This is among the fundamental ways towards a fair and efficient criminal justice system.
These research findings show that there is a need for more research and new ideas. In future studies, long-term consequences of these reforms need to be analyzed together in conjunction with laws in force in other systems and there is a necessity to come up with new measures to solve current problems.[17]
[1] R.V Kelkar, Lectures on Criminal Procedure 2 (12th ed. Eastern book company 2022)
[2] Cesare Lombroso, Criminal Man 83 (Duke University Press 1876)
[3] KD Gaur, Criminal Law Cases and Materials 55 (LexisNexis 2018)
[4] Manoj Kumar Sinha and Deepka Kharb, Legal Research Methodology 7 (LexisNexis and The Indian Law Institute 2017)
[5] Mitchel Roth, Crime and Punishment: A History of the Criminal Justice System 35 (Cengage Learning 2010)
[6] Manoj Kumar Sinha and Deepka Kharb, Legal Research Methodology 332 (LexisNexis and The Indian Law Institute 2017)
[7] Natasha A. Frost & Todd Clear, The Punishment and Failure of Mass Incarceration in America 254 (NYU Press 2014)
[8] Barak Ariel, Alex Sutherland and Ryan Henderson, European Journal of Criminology, Sage Journals (July 24, 2016), https://journals.sagepub.com>abs
[9] Howard Zehr, The Little Book Of Restorative Justice 10 (Good books 2002)
[10] Robert K. Merton, Social Structure and Anomie 672-682 (American Sociological Review 1938)
[11] Michael Tonry, Sentencing in America 1975-2025, 141-198 (Crime and Justice 2013)
[12] Nitish Kumar Gupta and Sweksha Bhaduria, International Journal for Multidisciplinary Research, IJFMR (Mar 23, 2024), https://www.ijfmr.com>papers
[13] Wesley G. Skogan, Police and Community in Chicago: A Tale of Three Cities 47 (Oxford University Press 2006)
[14] Francis Cullen and Paul Gendreau, Assessing Correctional Rehabilitation: Policy, Practice and Prospects 109-175 (Criminal Justice 2000)
[15] Barry C Feld, The Evolution Of The Juvenile Court: Race, Politics, and the Criminalizing of Juvenile Justice 58 (NYU Press 2017)
[16] Michael Tonry, Punishing Race: A Continuing American Dilemma 24 (Oxford University Press 2011)
[17] Bruce Western, Punishment and Inequality In America 55 (Russell Sage Foundation 2006)
NAME: RAJASMITA CHATTERJEE
BA LLB (H) 1ST Year
COLLEGE NAME: AMITY UNIVERSITY KOLKATA