ch 6- civics understanding our criminal justice system class 8
1.
2. Criminal Justice is the system of practices
and institutions of governments directed at
upholding social control, deterring and
mitigating crime, or sanctioning those who
violate laws with criminal penalties and
rehabilitation efforts. Those accused of crime
have protections against abuse of
investigatory and prosecution powers.
3. A criminal defense lawyer, also known as a defense attorney,
is a lawyer specializing in the defense of individuals and
companies charged with criminal conduct. Some criminal
defense lawyers are privately retained, while others are
employed by the various jurisdictions with criminal courts for
appointment to represent indigent persons; the latter are
generally called public defenders. The terminology is imprecise
because each jurisdiction may have different practices with
various levels of input from state and federal law or consent
decrees. Some jurisdictions use a rotating system of
appointments with judges appointing a private practice attorney
or firm for each case.
4. Police are responsible for conducting criminal investigations. At the investigation
stage, police gather and review information to figure out what happened. This
may involve, for example, examining the place where the crime occurred and
talking to victims and witnesses.
Based on what they learn, the police decide whether there is enough evidence to
prove an accused committed a crime. If they think there is, they may make a
report to Crown counsel recommending that charges be laid.
Like Crown counsel all police activities, including investigations, must be done
independently.
Here are the common steps in a police investigation.
The investigation begins when a crime or an incident is reported or known to
police.
Police gather information from the victim, witnesses and other people involved.
Police may ask the victim to complete a statement.
Police may ask witnesses to complete a witness statement.
In some situations, police may also examine the crime site to get any physical
evidence. This may include forensic evidence.
Police review the information collected and decide what action to take.
5. Prosecutors are Agents of the Attorney General and represent the interests of
the general public in the criminal justice system.
As a society, we share an interest in protecting ourselves from criminals and
the damage they cause. Our law enforcement system investigates crime and
prosecutes offenders. However, the justice system must also protect our valued
rights and freedoms and convict only the guilty. The prosecutor’s job is to
recognize these different and competing interests and conduct the
prosecution's business in a way that best serves them all.
Prosecutors also have a duty to act in a way that strikes a fair balance between
the competing interests of convicting the guilty, protecting citizens’ rights and
freedoms and protecting the public from criminals. As a result, prosecutors do
not work simply to get convictions. They are not the representatives of any
special interest group. They do not act as the lawyers for victims of crime.
Prosecutors represent the interests of all of us in ensuring that prosecutions are
conducted in a diligent, competent and fair way that respects the rights of all
citizens.
6. he judge in an Irish courtroom usually sits on a raised platform at the top of the
court and wears white collars, a black gown and wig.
If there is no jury in a case, it is the judge who decides which party shall win
and which party shall lose in a case. He or she listens to the evidence of both
sides and to the submissions of the barristers (or solicitors). The judge may ask
questions of any witness and of the barristers (or solicitors).
The judge may give the judgment in the case at the end of the trial or he or she
may "reserve" the judgment. When a judgment is reserved, the judge will take
time to consider the case and then at some later stage deliver the judgment.
If there is a jury in the case, it is the jury that decides the outcome of the case.
The judge merely provides guidance to the jury and makes sure that the trial is
run properly. The jury in a criminal trial has the very important function of
deciding whether the person accused of the crime is guilty or not guilty.
In April 2006 new rules were signed into effect changing the way judges in
Ireland are addressed in court. In the past, judges in Ireland were referred to as
"My Lord", or "His Lordship". Now, they will be addressed as "Judge" or
referred to as "The Court". The only exception to this is in the case of the Chief
Justice and President of the High Courts, who are addressed by their titles.
7. The term fair trial is a legal and ethical concept used to describe the procedural
rules of a court and the treatment of those accused of a crime. According to
democratic ideals, a fair trial is one in which the defendant's rights are
respected throughout the trial, the trial is handled according to due process and
established law, and the judgment is handed down by a neutral body. Ensuring
a fair trial is what governs many of the standard procedural rules of courts in
many regions, but the right to this treatment is by no means globally ensured.
Many human rights groups seek to improve trial legislation throughout the world
to increase the opportunity for justice worldwide.
Sometimes the right to a fair trial is codified in declarations of rights; there is
language about trial rights in the United States Constitution, the European
Convention of Human Rights, and other national and international documents.
The idea of this type of inherent and codified right is an ancient one; among
other examples, it was part of the reason behind public legal debates in the
ancient Roman forum. With the rise of monarchs and dictators who could pass
judgment regardless of trial, it is easy to see how quickly this right could be
dissolved if not codified and strictly followed on all levels of judgment.
8. A First Information Report (FIR) is a written document prepared by police
organizations in Bangladesh, India, and Pakistan when they receive information
about the commission of a cognizable offence. It is generally a complaint
lodged with the police by the victim of a cognizable offense or by someone on
his or her behalf, but anyone can make such a report either orally or in writing
to the police.
For a non cognizable offense a Community Service Register is created &
registered.
An FIR is an important document because it sets the process of criminal justice
in motion. It is only after the FIR is registered in the police station that the police
take up investigation of the case. Anyone who knows about the commission of
a cognizable offence, including police officers, can file an FIR.
As described in law,
When information about the commission of a cognizable offence is given orally,
the police must write it down.
The person giving information or making a complaint has a right to demand that
the information recorded by the police be read to him or her.
Once the information has been recorded by the police, it must be signed by the
person giving the information.