TERM 1 WEEK 3
Criminal Justice System
- System of agencies that officially respond to the commission of offences
- Identifies and responds to crime or threats of crime
Key Ministry of Justice Organisations in England and Wales
- Ministry of Justice
- Her Majesty’s Prison and Probations Service HMPPS
- Parole Board
- Prisons and Probation Ombudsman
- Victims Commissioner
- Youth Justice Board
- Criminal Cases Review Commission
- HM Inspectorate of Prisons
- HM Inspectorate of Probation
- Independent Monitoring Board
- Law Commission
(Overly) Simplified CJS Process
- Report a crime
- Charge
- Trial
- Sentence
- Appeal
- Punishment
Attrition Rates
If 100 crimes are committed:
- 50 will be reported to police
- 30 will be actually recorded as crimes by the police
- 7 will be ‘cleared up’
- 3 will result in a conviction in the courts
Starting the process: Reporting a crime
Reasons to report
- Confidence in the police and CJS
- Perceived moral/civic responsibility
- No other way of sorting out the problem
- Insurance purposes
Reasons not to report
- Belief police are inefficient, hostile, racist, sexist, discriminatory
- Fear
- No confidence in CJS
- Victims are criminals too
, - Offence may not be regarded as crime by the victim
Discretion
- Discretion is what affects decisions in the CJS
- Different actors in CJS practice discretion:
- Public
- Police
- Crown prosecution service (CPS)
Trial: going to court
- Magistrates or Crown Court
- Separation of powers
- Adversarial process
- Equal parties – prosecution versus defence
- Proof ‘beyond a reasonable doubt’
Due Process
- Law should be neutral, effective and fair
- Offenders rights
- Innocent until proven guilty
- Rules around interviews, arrests, interviews, police powers, collecting evidence,
obtaining confessions
‘Just Deserts’
- Getting what you deserve
- Punishment fits the crime – proportional sentencing
- Unjust if it is excessive or inappropriate
- The criminal Justice Act of 1991
Discretion
- Discretion is what affects decisions in the CJS
- Different actors in the CJS practice discretion:
- Public
- Police
- Crown Prosecution Services
- Courts and Judiciary
Sentencing
- Just deserts
- Consider seriousness of crime, harm, degree of blame, previous convictions, mental
status etc
- Range of sentences:
- Prison
- On license (rotl)
- Community sentence
- Fines
Miscarriages of Justice
Criminal Justice System
- System of agencies that officially respond to the commission of offences
- Identifies and responds to crime or threats of crime
Key Ministry of Justice Organisations in England and Wales
- Ministry of Justice
- Her Majesty’s Prison and Probations Service HMPPS
- Parole Board
- Prisons and Probation Ombudsman
- Victims Commissioner
- Youth Justice Board
- Criminal Cases Review Commission
- HM Inspectorate of Prisons
- HM Inspectorate of Probation
- Independent Monitoring Board
- Law Commission
(Overly) Simplified CJS Process
- Report a crime
- Charge
- Trial
- Sentence
- Appeal
- Punishment
Attrition Rates
If 100 crimes are committed:
- 50 will be reported to police
- 30 will be actually recorded as crimes by the police
- 7 will be ‘cleared up’
- 3 will result in a conviction in the courts
Starting the process: Reporting a crime
Reasons to report
- Confidence in the police and CJS
- Perceived moral/civic responsibility
- No other way of sorting out the problem
- Insurance purposes
Reasons not to report
- Belief police are inefficient, hostile, racist, sexist, discriminatory
- Fear
- No confidence in CJS
- Victims are criminals too
, - Offence may not be regarded as crime by the victim
Discretion
- Discretion is what affects decisions in the CJS
- Different actors in CJS practice discretion:
- Public
- Police
- Crown prosecution service (CPS)
Trial: going to court
- Magistrates or Crown Court
- Separation of powers
- Adversarial process
- Equal parties – prosecution versus defence
- Proof ‘beyond a reasonable doubt’
Due Process
- Law should be neutral, effective and fair
- Offenders rights
- Innocent until proven guilty
- Rules around interviews, arrests, interviews, police powers, collecting evidence,
obtaining confessions
‘Just Deserts’
- Getting what you deserve
- Punishment fits the crime – proportional sentencing
- Unjust if it is excessive or inappropriate
- The criminal Justice Act of 1991
Discretion
- Discretion is what affects decisions in the CJS
- Different actors in the CJS practice discretion:
- Public
- Police
- Crown Prosecution Services
- Courts and Judiciary
Sentencing
- Just deserts
- Consider seriousness of crime, harm, degree of blame, previous convictions, mental
status etc
- Range of sentences:
- Prison
- On license (rotl)
- Community sentence
- Fines
Miscarriages of Justice
