This paper looks at the nuances of the criminal justice system and the individuals who play major roles within this system. The paper discusses the role of the prosecutor, the defense attorney, the victim and the criminal. The role of victimization is explored as is the objective of discipline and punishment.
Criminal justice system refers to either the state or federal set of agencies and processes which are created by governments to control crime and to engage in penalties and discipline on those who break the law and who hurt others or damage property. "There is no single criminal justice system in the United States but rather many similar, individual systems. How the criminal justice system works in each area depends on the jurisdiction that is in charge: city, county, state, federal or tribal government or military installation" (NCVC, 2012). Thus, what can make the criminal justice system so tricky and difficult to understand is largely because different jurisdictions have differing laws, agencies and methods of criminal justice management (NCVC, 2012). Thus, the state system is in charge of handling crimes which occur within the state boundaries; the federal system handles crimes which occur in multiple states or on federal property (NCVC, 2012). Within this complex system, different people engage in different roles. The prosecutor, defense attorney, criminal and victim have unique parts to play within this intricate system.
Prosecutors
Prosecutors are attorneys who represent the state or federal government, though not the victim via the court process from the first moment the accused individual arrives in court, or until the accused person receives and acquittal or a sentence (NCVC, 2012). These attorneys offer "evidence in court, question witnesses, and decide (at any point after charges have been filed) whether to negotiate plea bargains with defendants. They have great discretion, or freedom, to make choices about how to prosecute the case" (NCVC, 2012). Thus, one could argue that the prosecutor works for the good of the general public and for the good of society, in helping to prevent dangerous criminals from being free on the streets and able to do more harm. The level of victimization that has been suffered should motivate this attorney to play their role as fully and effectively as possible (NCVC, 2012).
Defense Attorney
In America one of the overwhelming beliefs which guides the criminal justice system is that everyone is entitled to a fair trial. Part of engaging in the process of providing a fair trial for all involved parties is the act of allowing the individual who has been accused of a crime access to an attorney. This helps in keeping things fair. The attorney helps in defending the accused person in the charges that have been brought against him. "They are ether hired by the defendant or (for defendants who cannot afford an attorney) they are assigned by the court. While the prosecutor represents the state, the defense attorney represents the defendant" (NCVC, 2012). The defense attorney at times has to determine the level of victimization that the individual is suffering from and seek means of redress.
Victims
The victim refers to the individual who has been on the receiving end of the crime and who had suffered from it. In this case, this is the person who may have been physically hurt or abused or defrauded, conned or had property stolen or damaged. In order to appropriately understand the entire criminal justice system as a whole, one needs to be able to understand the role of the victim. The victim also is best served when hiring their own attorney to defend them and fight for their rights, redress, and justice in a given situation. Victims also have the ability to stay in touch with the prosecutor's office and may contact this entity to find out which prosecutor is in charge of their case, to inform the prosecutor if the defense attorney has contacted the victim, and to seek other information about the case" (NCVC, 2012). The level or intensity of victimization could motivate the victim to get more intensive justice or to seek harsher penalties for the criminal. Conversely, intensive victimization could also traumatize the victim so much that he or she does not seek out justice.
Criminal
The criminal is the person who has been convicted of a crime. This refers to the individual who has been accused, gone through the criminal justice system either through a trial or a hearing and has been sentenced by a judge or jury. Because victimization can be intense in the criminal justice system and the impacts of crime so devastating and life-ruining, many efforts have been made to better understand what makes a criminal commit a crime. Criminal profiling is one manifestation of the attempts to better understand criminals and what makes them commit crimes as they examine organized and disorganized crime and the mentality which leads to such things (pdx.edu,2013). Collecting information from a crime scene can lead to such discoveries, as can misinterpretation of a given situation (pdx.edu, 2013).
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