Britain's criminal justice system and concerns about its effectiveness

Criminal Justice System

After heavy bombardment on London by fighter plans of Germany in Second World War, someone asked Winston Churchill that would Britain live long! Churchill replied immediately that if our courts are providing justice then there is no question about existence of Britain, which they are. Similarly, in World War 1 and World War 2 where Jews were brutally killed by Nazis then some of the Jews got refuge in America. Americans do not have discrimination for any community at that time and famous scientist Einstein was one of them, which proved its worth. Provision of justice for every community is very important for any society, so it is for Britain. From last few years' lot of questions have been raised on criminal Judiciary system in Britain.

Shami chakrabarti (Director of liberty) says

Before you decide whether the system is fit for purpose, you have to decide what that aim is. In this country, there is too much pressure on the criminal justice system because it is supposed to eradicate society's ills. However, it is not the answer to everything; it cannot be used to overcome the mentally ill, the homeless and troubled teenagers. That is not what it is aimed for; it can never be fit for that purpose. Political leaders have created a panic about crime so the people now fear there would not be enough space in jails for all the people who are guilty of offences. They have trapped themselves in a debate where they tell the public there is nothing wrong with the system, then make more criminal laws to change it."

Criminal Judiciary system in any part of the world is divided into three parts; law enforcement, adjudication and correction and so in the Britain. Law enforcement includes police and its accessories organization that works on capturing the offender. In Britain after passing of anti-terrorist legislation in 2006 law enforcement agencies have been empowered and they can detain suspects without a trial and can gather information from transport companies, financial institution etc.

Adjudication process refers to judging of crime. In Britain, two types of judges entail adjudication process. First type of judges is professional judges. They are barristers or passed law exams and second type of judges is justice for peace. Jps (justice for peace) are not professional judges they judge the credibility of witness and do the job of fact-finding (according to her majesty court service). Legal role of Justice for peace is to judge less serious offences and crimes and forward their report to the crown court. In the UK, level of court decides that whether a jury is to pass judgment or whether judge, magistrate or justice for peace would decide it. If the court decides to rely on jury then members from wide section of society are selected. The aim of selection of members from across the society is add perspective of every section of society and not only the judges. (The Independent, 2009)

Strongest and weakest link in the Criminal Justice System

Strongest link in the British criminal Justice system is its adjudication process. Making of Jury is an excellent idea which includes members from wide section of the society so that crime is not judge from merely one angle it also includes the view point of peers and all those whose rights have been disturbed.

Weak link from my point-of-view is the imprisonment system as lot of people gets imprisonment, jails have been over crowded, and it has became difficult for the police to take care for the large number of criminals and certainly it costs more to British government.

Jackie Worall (director of policy, Nacro crime reduction charity says

"We have been warning for a long time that the increasingly punitive approach to criminal justice would push the jail population to uncontrollable levels and put at risk constructive regimes. The Government must contain the misuse of custodial sentences and order courts to exercise restraint in the use of imprisonment for less serious offenders and those on remand."

Another thing, which has put restraints on criminal justice system, is hyperactivity of the police, which has cast doubts and fears among the minds of people, and they hesitate to cooperate.

Nick Clegg (Liberal Democrat home affairs spokesperson) says

"The criminal justice system has been pressurized by relentless tough rhetoric and unprecedented legislative hyperactivity. The result is increased public fear of crime and antisocial behavior, the highest levels of mass incarceration in Western Europe, the demonization of young people, a simplistic reliance on crude instruments of control, and one of the Western world's highest rates of repeat crime."

Conclusion

As we have discussed that there have been problem with more imprisonment punishments and they have been no fruitful in eliminating the crime. From my point-of-view there should be more community correction programs. There are two elementary community correction programs. In the first type of program, integrated community correction programs assisted with sentencing guidelines and judicial discretion with a wide spectrum of possible sanctions and parole and probable options. In the second type of program, some states have instituted program in which authorized officials may direct already punished offenders into alternative sanction programs and parole probable options.

Frances Crook (Director, Howard League for penal reform) says

"It isn't fit for purpose because of the heavy reliance on ineffective responses such as prison. I would like to see the Home Secretary implement some community service - he would learn there are some really good schemes helping people to change their attitude and help the community."

Moreover Juliet Lyon (Director of the Prison Reform Trust) says

"It makes no sense to expect overcrowded jails to cut crime when the solutions lay outside, in better parental supervision, constructive alternatives for the young, mental health care, treatment for those addicted to drugs and drink, and a reduction in homelessness, poverty and unemployment."

As the British jails have been overloaded so judiciary should carefully give imprisonment punishments and less serious offenders should be given community-based punishments rather than being awarded punishments and purpose of any punishments should carefully. As the John Denham (Chairman Commons home affairs committee) says

"The central challenge is to rebuild public faith in community sentencing, with sentences that are clearer, and sentencing that more accurately shows the evidence on what reduces reoffending. There has been far too little emphasis about getting people into a work-type environment in prison, helping them make the transition into work in the outside world."