Discussion Is the Criminal Justice System Broken

Introduction

Criminal justice system is a system or concept tries to achieve justice and serve the purpose of law for the society. Criminal justice system is characterized by criminal laws, law enforcement, prosecutors, judge, magistrates, correction officials, prisons and other institutions. The purpose that criminal justice system was introduce to prevent future crime to continue happening and continue rising till the point that law can’t stop the criminal. Besides that, to punish the criminal for their wrong doing and will be a public lesson so the others will not repeat it. In “Is the criminal justice system broken” essay thr topic is analysed. 

Other than that, crime is an action which constitutes an offence and this is punishable by using the law that is suitable with the crime that the offender did and will cause the person that have committed such act to be responsible and learn from mistakes or crime. Who or how is a person will be called as a criminal? A person that does such act that break or violates the law will be called as criminal with the approval from the court. Here comes justice play a key role as justice is a concept is to achieve fairness among the victim and the offender. All this will be decided in the court with valid and strong evidence to get approval from the judge so that the criminal will be conduct punishment or if there is no sign or not enough evidence to approve a person is guilty so that person will be free without any charges.

Parts of the Criminal Justice System

In criminal justice system are separated into three parts which is law enforcement, court and corrections. Hence, when these three parts working together in criminal justice system it could make this system as useful and effective as they should be.

First of all, law enforcement has a crucial part in criminal justice system as they maintain law and order in the areas by protecting the citizens property and ensure the citizens safety so they can life in a peace and safety environment every day. Besides that, law enforcement also ensures doing investigation crime that happened around the area and arrest those criminals so they can face justice in the court. To able to prevent crime, law enforcement has to go for routine patrol or traffic stop so people do who break the law could be punish according the law. They also required to response emergencies as soon as possible so they could give the help they need. Besides giving services for the community, law enforcement also providing support to the community so that relationship between law enforcement and community could be closer so that they could corporate with the law enforcement when ever they need detail about the crime or criminal.

Besides law enforcement, there is court. Court is important having judicial authority to hear and resolve disputed I civil, criminal, ecclesiastical or military cases. There is lots of type of court by level according the type of case. The type of courts is, Federal court, Court of appeal, High court, Sessions court, Magistrate court, Syariah court and Hierarchy of Syariah court. All this court does have specific role for each one of the courts so that process in the court could go a lot smoother and justice could be applying to does who break the law so they can give the maximum punishment. With this people could be scared to be send for trial and get punishment that could ruin his or her life forever.

Last but not least is correction, correction also is a big part in criminal justice system to prevent future crime and punish crime for their wrong doing. Prison is part of correction that ensure prisoners and criminal detain behind bars so that they could serve their punishment. Besides that, in prison, the security level is very cause so they can ensure the environment in the prison is safely control by the prison guards. The treatment in prison also good cause the guard have to treat every single prison fair according with the law and regulation. Prison in

Malaysia it carries out order for detention issued by the courts or authorities against the inmates until their release. Furthermore, they also implement rehabilitation programs for inmates through various approaches.

Sentencing and Correction

Sentencing is the final stage of criminal justice process as sentencing aimed towards deterrence, rehabilitation, prevention and retribution. If a person found guilty of a crime, the judge will give imprisonment or punishment based on what is allowed in a statute such as the Penal Code. Imprisonment means that putting a person or criminal behind bars for a certain amount of time that been order by the court. There is three form of imprisonment that used in Malaysia Judiciary System that is imprisonment for life, imprisonment for a fixed period and imprisonment in default of a fine. Imprisonment for life means that a person could be behind bars until pass away or for 20 to 30 years depending of the crime and judge. Besides that, imprisonment for a fixed period is means normally a person will be behind bars to not exceeding 20 years. Finally, imprisonment in default of a fine usually occurs to a person fails to pay a fine that is prescribed by the court. There is still three more type of punishment such as whipping where by a person is canned using a thick rattan, community services where by a person will be order to do community work in public and death penalty where by a person will be carried out by hanging to death.

Correction means when a person been given treatment and where prison try to change the person to a better person by attending programs and such. In Malaysia there is a place for Juvenile offenders is the Henry Gurney School. In here is participate by child ages of 10 to 17 in illegal behavior. In here they are teaching and train so they can be prevented to involved in adult crime such as robbery, murder and such. In here they are required participate in counseling, sport activities, recreation, academic and physical education, religious instruction, vocational training and agricultural. After they are 18-year-old, person that finish their punishment could leave while those that not finish with their punishment will send to the adult prison to continue serve their punishment that they required to.

Problems of the Criminal Justice System

Any system in the world no matter how good it is, there will be problems in that system. As the saying go criminal justice system also got some problem in the system that could be even better. First of all, one of the major problems of the criminal justice system is that how much justice you may got involving who you are and how much money you got the more you give the more lawyer will defend you according the cases. Secondly the problem of unfair sentences, even though the law already stated clearly but still we have this problem happening is just not often. Besides that, problem of corruption and this problem is not only happening a few countries but almost every country is facing this problem. Furthermore, unreliable witness and police. According to Judge Rolf Bender of Germany, in 95 percent of all criminal cases that statement from a witness is evidence. Lastly age-old problem also one of the problems of the criminal justice system cause those who have tried to solve glaring public injustices have learn is easier wished for than done.

MACC arrests judge in investigation of illegal immigrants past case. The Malaysian Anti-Corruption Commission (MACC) arrested a Sessions Court judge in Kuala Kubu Bharu, Selangor on corruption charges involving the release of illegal immigrants. Chief Commissioner Thee of The High Commissioner of The High Commissioner of The High School confirmed the arrests made this evening. The arrests relate to the recent arrest of a lawyer, deputy prosecutor and several police officers, he said in a statement. They were reportedly arrested for taking bribes to obtain the release of illegal immigrants detained by authorities in Kuala Kubu Bharu. 'Investigations regarding the detention of unauthorized foreigners detained for release purposes after payment,' Said 'Some money was also seized during the capture,' he added. Malay Mail reports the lawyer 'paid' 17,500 ringgits intended for policemen and deputy prosecutors to release illegal immigrants before being arrested by MACC investigators. Deputy prosecutors were also found to have 82,500 ringgit ($1,000) believed to be the result of other bribery activities, the report said.

The Process a Criminal Goes Through in the System

When a criminal wants to go in to the system, there is few of stages process for a criminal goes through in the system. There are 6 stages process that need to be follow for a criminal goes through in the system. First and foremost, stage 1 is arrest and investigation. In this stage police have 24 hours to complete the investigation if the investigation is not done after 24 hours, they could apply to the court for the extension time for the investigation. Secondly, stage 2 remand proceeding it means that a suspect only can be detain for not more than 24 hours if police wish to detain the suspect more than 24 hours application have to be made to the Magistrate Court. Furthermore, in stage 3 charge and bail, which is when criminal charge will be read and explained after that criminal could bail by a bailor or will be in custody and wait till the next court session. Stage 4 pre trail which means like a meeting or talk before trail happened. Here stage 5 begins where by prosecution calling their witnesses and also present evidence to the court. Lastly, stage 6 post trail where by a person is found guilty, court will sentence the accused person according the prescribed punishment.

Conclusion

In conclusion, criminal justice system is important for our daily life and to serve justice for those who do wrong. Criminal justice system is not only to punish people but also to change a person attitude so that he or she could change be a better person and could have another chance for a better future rather than just in and out jail. However, the criminal justice system still could be improving even better so that criminal could not just get away easily or get less punishment because of corruption that happened between the judge and criminal. I hope in the future that, with this keep improving criminal justice system and working together with other system that one day we will be free from crime and people could life in peace and harmony forever and ever.

Reference

• https:www.freemalaysiatoday.comcategorybahasa20190722sprm-tangkap-hakim-dalam-siasatan-kes-lepas-pendatang-haram, Sunday, 18 July 2021
• https:www.masterproblems.com201311problems-in-criminal-justice-system.html#:~:text=5 major problems with the criminal justice system,that this is easier wished for than done. , Sunday, 18 July 2021
• http:mathews.mythe-different-types-of-sentencing-in-criminal-law , Friday, 16 July 2021
• https:www.ojp.govncjrsvirtual-libraryabstractscorrection-young-offenders-malaysian-prisons , Friday, 16 July 2021
• https:www.upcounsel.comlectl-some-background-on-the-criminal-justice-system-of-malaysia Thursday, 15 July 2021