Criminal Justice System Analysis

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The criminal justice landscape is responsible for upholding law and order by convicting criminals whilst ensuring that a fair trial is held (Wilson:2004:22), regardless of the status of the accused, provided there is sufficient evidence to convict. In this essay, it will be discussed as to whether the criminal justice system needs an effective balance between the two models that constitute it, to reach a utilitarian conclusion, based on the optimum level of punishment and rehabilitation. To do this, firstly, the definition of an effective criminal justice system must be established, after which, the strengths and weaknesses of a firstly balanced, then unbalanced, justice system will be discussed, whilst also considering how the justice system…show more content…
This indicates that perhaps only one model is needed in order to serve justice as the punishment is more likely to fit the severity of the crime and it becomes a case of one rule fits all. Similarly, Beccaria(21) thinks that a balance is unnecessary as it is a common interest to prevent crimes, thus deterrence should be “stronger in proportion” to the crime committed, implying the necessity for crime control. Moreover, according to a Home Office study(Wilson:22), 49% thought there was “too much leniency” towards criminals and punishment. Here, it shows that rather than maintaining a balance, there is a need to respond to public opinion, especially when there is a higher public interest rate. Although, arguably, it is for this reason that there needs to be a balance between the models because the public is less informed and so rely on their emotions when reaching a judgement, whereas the justice system by default is meant to rely on fact to pass judgement. Conversely, in certain cases, having a balance may not work for example with Jon Venables, who under a balanced system, was given a sentence with rehabilitation and anonymity yet still…show more content…
However, for the majority, there has still been a maintenance of aspects of the due process model with moves towards rehabilitation in the prison service, for example getting treatment for sex offenders and educational implementations to get offenders out of the prison system and into work. However, to maintain an effective system, in some cases, there is the need to favour one model for the greater good. Beccaria(19) believes that an effective justice system should have prompt punishment after the crime, yet, according to Davies et al(1995:23), these models are becoming out of date. Arguably as Davies et al continue, the ‘just deserts’ is apter for an effective system as it uses proportionality rather than just purely punishing them. Regardless of what model is used, crime will always be an aspect of society and therefore in order to effectively deal with it, there needs to be a balance between the models so as to reach justice for the victim and not alienate the

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