The Modern Day Criminal Justice System Essay

1355 Words Aug 29th, 2016 6 Pages
Criminal law has been shaped by various ideas about its purposes (Duff, 2002a in Crime and Justice). One purpose served by the criminal law is to ensure that those who act wrongly receive the pain which is their just desert (Johnston and Ward 2010, 8). This simply put means that the community expectations of the criminal justice system is to see a wrongdoer reprimanded for his or her crime. The Elizabethan era is a prime example of this, as punishment for crime was often a public spectacle and in the form of hanging or flogging. The criminal justice system was also thought to shape human conduct. This purpose focuses more on the individual itself and their sense of wrongfulness of certain types of behaviour (Braithwaite, 1989).

This paper will describe these two purposes and analyse the issues of administration and how it manifests itself in the justice system. It will also assess the relevance to the modern-day criminal justice system.

Analyses of purpose one
It is suggested that the criminal justice system serves as a purpose to “ensure that those who act wrongly receive the pain which is their just desert” (Johnston and Ward 2010, 8). The main concept of this aim is punishment.

One important reason for justifying criminal punishment is to “maintain its moral force, to be able to justify criminal punishment on moral grounds while at the same time having a criminal justice system that resonates with the very people to protect and serve for whom it was…

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