Topic 2.

1/BCC 11023

Mr. KS Dharmasiri
Lecturer (Probationary)
Faculty of Criminal Justice

Introduction to Criminal Justice System

2.1 Meaning

2.1.1 The term Criminal Justice

1. Sociology of Law - Before a law forbids behaviors, such behaviors have long been morally
and religiously denied in society. They do so because of the harm that those actions cause
to society and its members. The sociology of law deals with the study of these things from
a sociological perspective.
2. Criminal Etiology - It studies the causes of crimes in relation to the criminals. It discusses
the theories that have been developed after scientifically studying the reasons for crimes. It
examines the psychological, biological, social, cultural, environmental, and psychopathic
factors that contribute to crime in adults and juveniles.
3. Penology - Penology studies the social responses to persons who have violated criminal
law. It is a practical and applied discipline under criminology that examines the penalties
and related policies as well as the system that follows before giving punishments and
procedures related to it. It looks at how the police, the judiciary, and the prison function in
the case of those who violate criminal law.

2.1.2 What is the Criminal Justice System?

In every known society, there are legally established criminal laws and other constitutional
laws to control the people who have been threatened by the common existence of society. Based
on the laws, it is the duty of every society to arrest the perpetrators of crimes, investigate them,
prosecute them, and punish the guilty. To execute this procedure, there are legally established
by governments to control crime and impose penalties on those who violate laws, is called CJS.
So, the criminal justice system is a collection of institutions that contribute to social security
and crime control through law enforcement.

Many ancient cultures allowed the victim or a member of the victim's family to deliver
justice. The offender often fled to his or her family for protection. As a result, blood feuds
developed in which the victim's family sought revenge against the offender's family.
Sometimes the offender's family responded by striking back. Retaliation could continue until
the families were tired of killing or stealing from each other or until one or both families were
destroyed or financially ruined.

The term criminal justice refers to the agencies of government charged with enforcing
the law, adjudicating criminals, and correcting criminal conduct. Criminal justice is the system
in which crimes and criminals are detected, detained, tried, and punished. The criminal justice
system's goal is to maintain social control and deter crime through sanctions and rehabilitation.
A criminal justice system is a set of legal and social institutions for enforcing criminal law.

The term CJS came to be used based on a report issued in 1967 by the presidential
commission on law enforcement and justice administration in the USA. As this report, “the
challenge of crime in a free society, define prevent crime, investigate crime, arrest suspects and
offenders, prosecution and punishment are the crime.

2.1.3 Definitions of the Criminal Justice system

There is no accepted definition to define Criminal Justice System. Generally, the Criminal
justice system means the Police, Judiciary, Prison, and Other Departments and officers
associated with the criminal justice process of any country. It is a formal response by police,
courts, and prison officials to alleged violations of the law. In other words, Criminal justice
means the agencies of social control that handle criminal offenders.

1. “A collection of institutions taken together which create and enforce the law” (Open
Education Sociology Dictionary).
2. “CJS is the law enforcement that is directly involved in apprehending, prosecuting,
defending, sentencing & punishing those who are suspected or convicted of criminal
offences” (Oxford Dictionary).
3. “The system in a society by which people who are accused of crimes are judged in
court” (Cambridge Dictionary).
4. “The system of law enforcement, involving police, lawyers, courts, and corrections,
used for all stages of criminal proceedings and punishment” (Dictionary.com).
2.2 Purpose and Social Relevance of the Criminal Justice System

The criminal justice system is designed to deliver “justice for all.” This means protecting the
innocent, convicting criminals, and providing a fair justice process to help keep order across
the country. In other words, it keeps our citizens safe. According to the presidential commission
on law enforcement and justice administration in the USA (1967), CJS protects individuals and
the community. There are 03 goals of CJS.

1. Control crimes - Crime control refers to methods taken to reduce crime in a society.
Crime control means the measures taken by the government in response to crimes and
criminals. Examples of crime control strategies include the arrest of suspects,
investigations, prosecutions, punishments, rehabilitation, counseling, and vocational
training programs.
2. Prevent crimes - Crime prevention means involves preventing criminal activity before
it occurs. Job and industrial training, informing the community, police patrol, and youth
counseling are examples of crime prevention.
3. Provide and maintain justice - It's perspective of the victim. Just as the criminal is
punished after committing the crime, Justice should be provided for the crime victim.
Justice should be provided by punishing criminals and compensating the victim.

Among some of the main purposes of the criminal justice system are:

1. Fighting crime.
2. Protecting the public.
3. Offering help to crime victims, their families, and witnesses.
4. Taking action to hold those responsible for crimes they have committed.
5. Helping offenders return to society and join the ranks of law-abiding citizens.

In addition, the following objectives also exist within the criminal justice system.

1. To prevent the occurrence of crime

1. Justice in primitive societies

Many ancient cultures allowed the victim or a member of the victim's family to deliver justice.
The offender often fled to his or her family for protection. As a result, blood feuds developed
in which the victim's family sought revenge against the offender's family. Sometimes the
offender's family responded by striking back. Retaliation could continue until the families tired
of killing or stealing from each other or until one or both families were destroyed or financially
ruined.

As societies organized into tribes and villages, local communities increasingly began
to assume the responsibility for punishing crimes against the community and its members.
Punishments could be brutal—the condemned boiled in oil or fed to wild beasts. The
development of writing led to the creation of lists of crimes and their respective punishments.
The Code of Hammurabi in Babylon (circa 1750 B.C.E.) is generally considered the first such
set of laws. The laws of Moses, as recorded in the Bible, also cited offenses against the
community and their corresponding punishments. As empires grew, people who owned a lot
of lands and later the people in charge wanted a more organized legal system than blood feuds.
They did this by setting up courts. As a punishment for the crime, the offender was often forced
to work for the victim's family for a few years. Others were forced to work on public works
projects, sent away, or even killed.

2. The modern development in Criminal Justice

The criminal justice system is the legal authority against crime in a country. They are the public
institutions that deal with a nation’s crime and illegal problems. Moreover, they deliver justice
to persons who commit crimes. This system provides its services through a series of
institutions. There are three components of the criminal justice system. Those are Police,
Judiciary, and Prisons.
2.4 The Process in Criminal Justice System

Reported Crimes

Investigation

Juvenile Justice
System
Investigation Arrest
Juvenile

Initial Appearance
Preliminary
Hearing
Adjudication

Trail

Sentencing Probation

Post-conviction

Appeal Fine Restitution

Corrections Parole

Custody

Release
There are three main components in the criminal justice system. Those are law enforcement,
courts, and corrections. They work together to prevent and punish deviant behavior.

1. Law Enforcement - Police

The criminal justice response to crime begins when a crime is reported to the police or when
the police themselves discover that a crime has been committed. Once a crime is reported they
investigate to find out what has happened. Sometimes solving the crime is an easy-the victim
or a witness knows the perpetrator, or where to find him or her. Often, an arrest supported by
witness statements and crime scene evidence is sufficient to close a case, especially with a less
serious crime. More often, though, the police must conduct an in-depth investigation to
determine what happened in a particular crime. Even when the police start with a known crime
or a victim or witness, the investigation can be lengthy and difficult. An arrest is the seizing
and detaining of a person by lawful authority. After an arrest has been made, the suspect is
brought to the police station to be booked. Booking is the administrative recording of the arrest.
It typically involves entering the suspect's name, the charge, and perhaps the suspect's
fingerprints or photograph in the police blotter.

The police department is a public agency that gives its services by fulfilling orders from the
higher authority and enforcing the laws of a nation. Police officers operate their services by
controlling and preventing crime in a community. They basically work for implementing the
law, rules, and regulations of a country. Police departments help prosecutors in various criminal
investigations and gather necessary pieces of evidence in many cases. They protect people of
every society from culprits and criminals.

2. Courts System

The court system consists of attorneys, judges, juries, and ancillary staff. The guilt or
innocence of a suspect is determined in court. The suspect, now a defendant, is offered the
opportunity to defend himself in court as evidence is presented. He is either released or found
to have committed the alleged crime. If he's found guilty, the suspect receives a sentence or
punishment based on criteria set by the judge and by statute. The defendant is turned over to
the corrections system after sentencing.
Courts are the judgment seats where persons are accused of violating criminal law. Courts are
significant because they help to protect our constitutional rights. The main purpose of the court
is to discover the truth for the victim and provide justice to society. The primary actors of the
court are prosecutors, lawyers, judges, etc. One of the most significant functions of a court of
any country is to keep the peace.

3. Corrections System

The corrections system incorporates all forms of sentencing and punishment. A convicted
criminal is the responsibility of the corrections system until their full sentence is served or
commuted. Correction is new probation, jail, prison, parole, and many other new varieties of
sanctions. The primary function of correctional agencies is to punish criminals and provide
public safety through the rehabilitation of criminals. So, we can say that mainly these
correctional agencies deal with people who have been convicted of a crime. The primary duty
of a correction officer is to supervise individuals who come to jail, probation, prison, and some
other sanctions. The purpose of the correctional system is to separate criminals from society.
Obviously, these correctional agencies are a very significant part of the criminal justice system,
which provides housing for criminals who have been convicted of some criminal offense.