Criminology

There has been an increase in crime due to the advancement in technology. This allows the criminals to become sophisticated with time. It has allowed an easy escape of the criminals who should be arraigned in courts and brought to justice. There has been an increase in the use of drugs, kidnappings, illegal firearms and terrorism. New forms of crime have developed with time and these are great worries for citizens. The level of crime, however, varies from region to region. There are different models to control crime and maintain order. It is the duty of the government to ensure that crime within the country is reduced to a lower level. The government has put machinery to ensure that this is achieved and maintained.

Criminal Justice System refers to a system which ensures the reduction of crime through measures geared towards punishing the offenders. It ensures control and bringing to justice the culprits who violate the set laws. Efforts which are used are either to rehabilitate the offenders or the use of penalties. However, there are limits to the application of these efforts with the rights of the accused protected by the legislation. Criminal justice systems vary and have different goals and principles. Most systems, however, are governed by the need to reduce crime in the society to protect its citizens.  There is need for proper coordination to be established in all the organs and departments involved. The achievement of reduction of crime is to ensure that all offences are brought to justice. This ensures that the trust is maintained by the public on the judicial system. It ensures fairness in the criminal justice system. Three organs make up the criminal justice system. These are Police, Courts and correctional units. The police ensure the enforcement of laws. The courts are charged with the duty of adjudication whereas correctional units (prisons and jails) hold the culprits1.

For the criminal justice to work effectively, laws have to be set. These are rules which are enforced through a channel of institutions. They function to have an objective of rules that are used to maintain order.1 Criminal law deals with dangerous action which should be punished in the society. Civil laws govern the problems or an issue between individuals.1 Criminal laws defines the aspects of crime and gives the verdict of punishments for the crimes. Criminal justice basically deals with criminal law.1

Control of Crime and Rights of accused
Criminal justice systems ensure the reduction in crime rate within the society. The system does this by successfully detecting crime through investigations, prosecution and detention of the offenders.1 While carrying out its functions, there is need to protect the rights of the accused. The criminal justice system does not, however, ensure this. Most  offenders are not protected in police custody. Criminal justice has a social responsibility of protecting the suspects apart from its fight against crime. The reason behind the decline in the operations of the justice is the disparity in wealth.1

As Sanders and Young (2007) write, In a society in which power, status and wealth are unequally distribute along lines such as age, gender, race, and class, much criminal justice activity will compound wider social divisions.

The police, for example, may detain someone without giving them a reason for their arrest. It is upon the police to justify why an individual is arrested. The person needs to be informed of the reasons why he or she is being detained.2 It is therefore wrong for a person to be detained for more than a certain period before being charged in a court for crime he or she has been made aware of. This directive is from a court of law and it is known as A Writ of Habeas Corpus. It is a requirement to the government to give reasons as to why a person has been imprisoned.2

Secondly, law enforcers and judges may charge someone without involving a jury. Every person who commits a serious offence should undergo a trial in front of a jury. The jury (fellow citizens) determines the persons innocence or guilt.2 The involvement of a jury offers an effective way to check whether the law enforcement is effective or not. The jury should not be biased in their decisions.2 In some instances, however, there might not be a jury trial at the request of the accused. The right to a jury may be waived by a person who feels that the judge would understand the circumstances more.2The proceedings of the grand jury are usually secret and the public is not part of it. It decides on whether the evidence is sufficient for a trial to be made on the accused. This is mainly for felony cases.1

Thirdly, the system may put a person two times in jeopardy. This violates the persons right to be protected from double jeopardy. A person cannot be charged twice for the same offence after passing a jury trial.2 Once a person has been acquitted (found not guilty), no legal action can be taken afterwards against the person for that particular crime.

The police may also resolve to excess and cruel punishment on the accused. Torture by the police has been a common scenario in many systems. This violates the rights of the accused. Painful techniques such as whippings have been used by most law enforcers. The accused should also be provided with a good environment and humane conditions.2 Most prisons are in a pathetic unsanitary condition which violates the right of the accused to be protected from such conditions

Police officers have for along time searched peoples property without warrant. This is a forbidden practise and the law officer needs to gather substantial evidence to allow him to have a warrant from the judge.2The need for a warrant has been a big issue which has created controversies. Evidence got through a forceful search of a persons property may be suppressed by the court on request by the lawyer.2

In summary, criminal justice system may end up violating the rights of the accused who should be offered protection by the state.2 In most current justice systems,  the rights of accused include the following right to a jury trial, counsel representation, innocent till proven guilty, the right to prove his or her innocence by providing evidence and or witnesses. Cross-examination of the accusers is also a right of the accused.2 He or she should be given time to ask relevant questions that might help himher in the case. These rights can be violated if the criminal justice system is flawed or not efficient despite the fact that crime levels might be reduced.

The case of Ernesto Miranda (1963), for example, had to be struck down by the court since the police did not inform him of the right to remain silent and the right to consult a lawyer.3 He had been convicted of attacking a woman. The woman identified him and he was interrogated by the police.3 However, he was not informed of these rights although he confessed.3 Mirandas lawyer claimed that the police had violated the 5th amendment which states that a person should not be compelled to be a witness against himself.3 This ruling of the court was met with a lot of complains by the enforcement officials.3 This led to the police resolving to read the rights to the suspects. These are right to remain silent, right to a lawyer, reminder that a lawyer will be provided if the suspect cannot afford and the reminder that anything that he or she says may be used against him. These are the Miranda rights of suspects.3

It is the duty of the government to ensure that order is maintained and the citizens are protected.2There has been a rise in the crime levels and this makes the law enforcers to be tough. It sometimes leads to excessive force being used on the criminals to ensure that crime levels are reduced. This, however, should not warrant the violation of the rights of the accused who should be protected. There are limits to the power of the police and this is included in the constitution.2The prosecutors have the duty of proving a persons innocence or guilt. There is need to have a balance between the powers of the officials and their limits to avoid oppression.2