This article is written by of Shubham Kaurav of Second Semester of Lloyd Law College.
Introduction:
Regardless of a person’s social, economic, or cultural background, the justice system in any nation is intended to uphold law and order and guarantee that everyone receives justice. The juvenile justice system and the criminal justice system are often the two main components of the judicial system. Juvenile justice systems handle cases involving youngsters who have broken the law, while the criminal justice system handles cases involving adults who have committed crimes.
In this legal research paper, we will examine the distinctions between the juvenile justice and criminal justice systems, as well as the evolution and background of both systems, as well as how these systems function internationally. We will also look at the drawbacks and critiques of both systems and make suggestions on how to make them better.
Keywords: juvenile, criminal, crime, punishment, justice, punishment.
Historical developments:
Historical development of criminal justice system:
The history of the criminal justice system goes all the way back to prehistoric times. The majority of early civilizations imposed harsh penalties for crime, such as death or mutilation. The Code of Hammurabi, which originates from ancient Babylon in the 18th century BC, is one of the first books of law that has been discovered. This code established specific penalties for particular offences, ranging from fines to limb amputation.
Justice and retribution were closely related concepts in ancient Greece. If someone harmed them, it was anticipated that they would seek retribution for themselves or their family. But as the Greek city-states advanced, they started to rely more on the legal system to resolve conflicts and deal with offenders.
The idea of justice in ancient Rome was more concerned with upholding stability and order. The Twelve Tables, which were drafted in 449 BC, served as the foundation for the Roman judicial system. These rules, which were put into effect by magistrates and judges, specified precise penalties for particular offences.
Europe’s legal system was mostly governed by the Catholic Church during the Middle Ages. Ecclesiastical courts were founded by the Church to handle crimes including heresy, blasphemy, and witchcraft. There were also secular courts, although they were frequently dishonest and capricious.
In the late 18th and early 19th centuries, the beginnings of the modern criminal justice system were made. A new approach to criminal justice was developed as a result of the emphasis on reason and scientific research during the Enlightenment period. The emphasis of the legal system shifted from punishing offenders to crime prevention and became more logical.
English common law had a major impact on the criminal justice system in the United States. Boston became home to the nation’s first police force in 1838, and by the late 19th century, the vast majority of big cities had their own police forces. In order to deal with crimes that occurred over state lines, the US also formed a federal court system.
The criminal justice system saw considerable modifications in the 20th century, particularly in the field of civil rights. The Civil Rights Act of 1964 and the Voting Rights Act of 1965, which attempted to eradicate discrimination and advance equal treatment under the law, were passed as a result of the US civil rights movement. During this time, the criminal justice system also encountered many difficulties, particularly with regard to the treatment of minorities and police brutality.
The criminal justice system has come under more attention recently due to problems including mass incarceration, unequal sentences, and the use of force by police. Numerous reform initiatives have centred on lowering the prison population, enhancing conditions for inmates, and promoting alternatives to incarceration like restorative justice programmes.
Historical development of juvenile justice system:
The history of the juvenile justice system dates back to the late 19th century, a time when concern over how young offenders were handled in the criminal justice system was developing. Prior to this, children who broke the law were frequently treated in the same manner as adults and were sentenced to severe penalties including incarceration, forced labour, or even execution
Social reformer Jane Addams was a crucial player in the creation of the juvenile justice system. As a well-known champion of children’s rights, Addams was especially concerned with how young people were handled by the criminal justice system. She was one of the founding members of Hull House, a settlement house in Chicago that offered low-income families a variety of social services, including as education, health care, and legal assistance.
The first juvenile court law, which created a unique court system for minors, was enacted in Illinois in 1899. The new system was founded on the ideas of parens patriae, which is Latin for “parent of the nation.” The concept was that the state would serve as a surrogate parent, guiding, supporting, and rehabilitating children who were in difficulty with the law.
The juvenile court system in the US swiftly extended to other states, and by the turn of the 20th century, the majority of them had their own juvenile courts set up. These courts were supposed to be more focused on rehabilitation than punishment and to be less formal than adult courts.
Early on, the juvenile court system’s sessions were frequently informal, and judges relied on their own judgement to decide what was best for each child. But as time went on, the system became more formalised, with distinct guidelines and practises for handling cases involving minors.
Growing evidence emerged in the middle of the 20th century that young offenders were not always successfully rehabilitated by the juvenile court system. The system, according to several opponents, was excessively forgiving and did not hold young people responsible for their behaviour. This prompted a number of changes that tried to improve the efficiency of the juvenile justice system in the 1960s and 1970s.
The establishment of juvenile due process safeguards was one of these reforms’ most important changes. As a result, minors had the same legal protections as adults, such as the right to counsel, the right to cross-examine witnesses, and the right to a fair trial. These reforms aimed to guarantee that minors received fair treatment and that their rights were upheld.
There was a shift towards a more punitive approach to juvenile justice in the 1980s and 1990s. Many states started implementing “get tough” laws that imposed more severe punishments on juvenile offenders. The idea that juvenile crime was on the rise and the juvenile justice system needed to be more effective at preventing crime motivated this in part.
However, there has been a growing understanding in recent years that punitive approaches to juvenile justice are not always successful. Many experts now contend that rehabilitation and prevention should take precedence over punishment. Due to this, attempts to reform the juvenile justice system have been redoubled, with a focus on recidivism reduction and a stronger emphasis on evidence-based practises.
Purpose and Approach
Purpose and Approach of criminal justice system:
The criminal justice system protects society against criminal activity, prosecutes lawbreakers, and provides justice for crime victims, among other crucial functions. The criminal justice system takes a diverse strategy depending on the jurisdiction, but generally speaking, several distinct agencies and procedures collaborate to accomplish these aims.
The criminal justice system’s enforcement of laws is a crucial component. Law enforcement organisations like police departments and government entities like the FBI are primarily in charge of this. When these organisations suspect that a crime has been committed, they conduct investigations, acquire evidence, and make arrests. By detecting and apprehending those who engage in criminal behaviour, law enforcement aims to reduce crime and safeguard the public.
The second stage of the criminal justice system, which involves the court system, begins once a suspect has been taken into custody. This comprises the government’s pursuit of the case, the accused’s representation by counsel, and the decision of the case by a judge or jury. The purpose of the legal system is to decide whether the defendant is guilty or innocent and to administer just punishment in the event that they are.
Punishment, which can take many different forms, is a crucial component of the criminal justice system. This may involve community work, probation, fines, detention in a jail or prison, or a combination of these. Punishment serves as a deterrence, preventing others from engaging in illegal activity, and it also serves as a kind of retribution for crime victims.
There is a rehabilitation component to the criminal justice system as well. This entails offering assistance and resources to people who have engaged in criminal behaviour so they can reintegrate into society and stop committing crimes in the future. Counselling, career training, and drug rehab are a few examples of this.
Depending on the particular jurisdiction and the type of offence, the criminal justice system may take a different approach. The emphasis may alternate between being on rehabilitation and prevention in some situations and on vengeance and punishment in others. Restorative justice programmes, which seek to undo the suffering caused by the crime and encourage healing for both the victim and the offender, may be given priority in some countries.
Overall, the criminal justice system pursues a diverse range of objectives and makes use of a number of strategies to do so. The system’s effectiveness is a topic of constant discussion and dispute, yet it is nonetheless an important part of contemporary society
Purpose and Approach of juvenile justice system:
To provide a different system of justice for young criminals who have not yet achieved the age of majority, the juvenile justice system was created. The juvenile justice system focuses on resolving the underlying problems that may have contributed to a young person’s engagement in delinquent behaviour and is intended to be rehabilitative rather than punitive.
The juvenile justice system bases its methods on the idea of parens patriae, which translates to “parent of the nation.” This strategy acknowledges that the state has a responsibility to act in the best interests of young people who require direction, oversight, and care.
Compared to the adult criminal justice system, the juvenile justice system has a more individualised approach. The juvenile justice system considers the particular circumstances of each young person and works to give them the assistance and resources they need to succeed rather than focusing exclusively on punishment.
Diversion, which involves moving young people from formal court procedures and into other programmes that could be more suitable for their needs, is a crucial component of the juvenile justice system. Community service, counselling, and educational programmes are some examples of diversion programmes.
The juvenile justice system offers a varietyof options for dealing with young offenders when judicial action is required. These might include placement in a residential facility, probation, or therapy. These interventions aim to provide young people the tools they need to make wise decisions and stay away from delinquent behaviour in the future.
Confidentiality is another important component of the juvenile justice system. Records from juvenile courts are often sealed, which means that the public cannot access them. This is done in an effort to shield young people from the stigma associated with having a criminal record and to motivate them to lead fulfilling lives going forward.
In general, the goal and strategy of the juvenile justice system is to give young people the help and direction they require to overcome their obstacles and develop into contributing members of society. The juvenile justice system aims to address the underlying causes of delinquent behaviour and assist young people in creating better futures by emphasising rehabilitation rather than punishment.
Legal proceedings
Legal Proceedings criminal justice system
In the criminal justice system, there are several procedures that must be followed in order to ensure that the accused is given a fair trial and that justice is done. Some of the crucial steps in the criminal justice system’s legal proceedings include the ones listed below:
- Arrest: The legal process usually starts with the accused being taken into custody by police authorities. When police have reason to believe that a person has committed a crime, this happens.
- Booking: After being brought into custody, the suspect is booked in a police station or jail. This include gathering their personal data, getting their fingerprints, and taking a picture of them before locking them up in a cell until their arraignment.
- Arraignment: The arraignment is the accused’s initial court appearance. The charges are read to the accused during the arraignment, and they are also told of their rights. Additionally, the accused has the option to enter a plea, which is typically either guilty or not guilty.
- Pretrial proceedings:Pretrial processes start when the defendant has pleaded guilty or no contest. Information exchanged between the prosecution and defence throughout this process may also involve plea discussions.
- Trial: Should the matter go to a jury trial, the prosecution will present its case, and the defence will then have the chance to cross-examine potential witnesses and offer its own evidence. The accused’s guilt or innocence is then determined by the judge or jury.
- Sentencing:If the accused is found guilty, the judge will typically sentence them. Fines, probation, community service, or jail are all possible punishments.
- Appeal: The accused may take the ruling to a higher court if they are dissatisfied with the trial’s outcome. The appeals procedure can be drawn out and include courts at many levels.
The accused is entitled to the following rights throughout the judicial process: the right to legal counsel, the right to silence, the right to a jury trial, and other safeguards intended to guarantee a fair trial. The criminal justice system’s legal processes are intricate and entail numerous organisations and people cooperating to see that justice is done.
Sentence and punishment:
Sentencing and Punishment in criminal justice system
The criminal justice system includes sentencing and punishment to ensure that people who break the law are held accountable for their acts. Some important components of punishment and sentence in the
Punishments for crimes can take many different forms, from fines and community service to probation, jail time, and even the death penalty. The particular penalty will be determined by the crime’s type and gravity, as well as the jurisdiction where it took place.
- Guidelines for sentencing: Many countries have established standards that judges must adhere to while deciding on a punishment. These regulations include elements like the criminal history of the perpetrator, the gravity of the offence, and any aggravating or mitigating circumstances.
- Mandatory minimum sentences: For some offences, judges must impose a particular sentence regardless of the particular facts of the case. Mandatory minimums are debatable because some offenders may receive excessively harsh terms as a result.
- Rehabitation:In addition to punishing offenders, the criminal justice system may also emphasise rehabilitation in an effort to lower the risk that they will commit crimes again. Counselling, drug abuse treatment, or career training programmes may be a part of rehabilitation.
- Restitution: In some circumstances, offenders may be ordered to pay a fine or perform community service in order to make amends to their victims. This aims to make up for any harm the offence may have done to the victim.
- Sentencing disparities: Disparities in sentencing based on race, gender, and other criteria still exist in the criminal justice system, despite efforts to develop guidelines and lessen bias in sentencing.
- Appeals: Following the imposition of a punishment, the offender may have the chance to challenge the ruling before a higher court. This enables a review of the verdict and any mistakes that may have occurred during the trial or sentencing procedure.
Sentencing and punishment in the criminal justice system often have the dual objectives of increasing public safety and decreasing recidivism while also holding offenders accountable for their deeds. The system is continually changing, and initiatives are being taken to lessen inequities in sentencing, provide possibilities for rehabilitation, and enhance overall fairness and efficiency.
Sentencing and Punishment in juvenile justice system:
Particularly when it comes to punishment and sentence, the juvenile justice system functions differently from the adult criminal justice system. Instead of only punishing young offenders, the juvenile justice system’s primary objective is to rehabilitate them. The strategy is intended to consider the particular developmental requirements and circumstances of young people who have been charged with crimes.
Instead of emphasising punishment, the juvenile justice system prioritises rehabilitation and education. The goal is to give juvenile offenders the resources and tools they need to change their life and refrain from committing crimes in the future. This may involve counselling, instruction, job training, and other initiatives aimed at addressing the underlying reasons behind the young person’s criminal behaviour.
The fact that the juvenile justice system often refrains from using imprisonment as the primary form of punishment is an important component of the system. Instead, alternatives to incarceration and community-based programmes are frequently employed. This is so because studies have shown that incarcerating young individuals can have detrimental effects such as higher recidivism rates and other undesirable results.
A judge often participates in the juvenile justice system’s sentencing process, reviewing the facts of the case and the needs of the kid. The nature of the offence, the youth’s prior records, and their unique needs and circumstances are just a few of the considerations the court takes into account. The objective is to come up with a sentence that will give the young person the assistance and tools they need to stay away from criminal activity in the future.
In the juvenile justice system, there are various possibilities for sentencing, including as probation, community service, restitution, counselling, and other types of rehabilitation programmes. When incarceration is necessary, the emphasis is on giving the youth educational and therapeutic assistance rather than just punishing them.
Overall, the juvenile justice system approaches punishment and sentence more rehabilitatively than the adult criminal justice system. The objective is to ensure that justice is done and victims receive reparations while also giving young offenders the tools and assistance they need to change their lives.
Conclusion:
Finally, it should be noted that the juvenile justice system and the criminal justice system are both crucial facets of the legal system. While they have many things in common, like the desire to uphold justice and advance public safety, they also differ greatly in terms of their priorities, methods, and sanctions.
The criminal justice system’s procedures are created to guarantee that the accused is given a fair trial and that justice is done, and it largely concentrates on adult criminals who have committed major crimes. Fines and community service to jail or the death sentence are all possible penalties.
The juvenile justice system, in contrast, is aimed towards rehabilitation and concentrates on young people who have engaged in delinquent behaviour. In contrast to the criminal justice system, the proceedings are intended to be more lenient and informal, and the penalties often include counselling, community work, or incarceration for minor offenders.
Overall, both systems are crucial for upholding law and order and making sure that those who violate the law are held accountable. It is crucial to keep scrutinising and enhancing both systems as society develops in order to make sure that they are efficient, effective, and fair for everyone involved.
References:
Juvenile Justice Act, 2015
Indian penal code,1860
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