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Criminal Justice. Yesterday & Today. By: Jose Del Valle ENG 1105 Online May 6 th , 2011. Introduction. The criminal justice system has been going through a constant change since the beginning of time. This system has been noted to date back to the Bible days in
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Criminal Justice Yesterday & Today By: Jose Del Valle ENG 1105 Online May 6th, 2011
Introduction The criminal justice system has been going through a constant change since the beginning of time. This system has been noted to date back to the Bible days in the form of the Ten Commandments, but started to change dramatically faster towards the 1750s in Italy and Rome.
Early Criminal Codes • In the early times of Criminal Justice, the system was composed of codes. Three of the most important codes and changes are: • Babylonian and Sumerian Codes • Roman and Greek Codes • The Middle Ages
Babylonian and Sumerian Codes The law of Babylonia has had an immense effect upon that of nearly all the countries of Europe. The greatest work of this nation was the production of the system of laws. These systems were necessary for the extension of commercial activity in the city. The use of these judicial functions, at least in matters of the law, seems to have been in the hands of hierarchy. The Babylonian code was also responsible for what we know today as “trial jury system” created by the “Common Law.”
Roman and Greek Code The Romans are known to be the people who have devised the most perfect legal system which the world has ever known. • “Laws of the Twelve Tables” was the first text created by the Romans • It was dated back to the mid-fifth century B.C. • That tablets proposed that the laws should be written so that magistrates and judges don’t apply them arbitrarily • Today, Roman laws are no longer applied in legal practices, although some countries like South Africa are still based on the old “ius commune,” which is Latin for “Common Law.”
The Middle Ages The Middle Ages brought forth a new wave of codes and laws. This reformed system was packed with: • New laws • Rights for offenders • Rights for the victims • New forms of punishment
The Middle Ages (Cont.) Different forms of punishment were beginning to show more and more during the Middle Ages. A common punishment was payment to the victim’s family or the victim him/herself, also known as “wergild,” which is was a value placed on every human being and every piece of property. If property was stolen, or someone was injured or killed, the guilty person would have to pay “wergild” to the victim's family or to the owner of the property. Other forms of punishment included: • Mutilating • Branding • Execution
Modern Theory Our Criminal Justice system operates mostly by the following forms: • No human law or justice can preempt “natural (or God’s) law” • Absolute rights are God given • God has place on every civil authority the responsibilities to ensure that absolute rights are not infringed • Upon citizens, the government is additionally with protection of citizenship (relative) rights
Modern Theory (Cont.) This theory was used to create order in society at the expense of liberty. By eliminating the burden of proof on the prosecution to produce evidence of “intent” to do harm, the government is free to create a third classification of law under which they can impose “sanctions” on the accused. As criminal law developed in the 20th Century, our American Jurisprudence shifted further away from the common law principle that a crime was composed of two elements, “Actus Rea,” (Guilty deed) and “Mens Rea.” (Guilty Mind)
Components of the Justice System The contemporary criminal justice system is society’s instrument of social control. Today the system can be divided into three main components: • Police: Investigates crimes and apprehends suspects • Courts: Where a determination is made whether a criminal suspect is guilty as charged • Corrections: Which treats and rehabilitates offenders as well as incapacitates them so that they may not repeat their crimes
Criminal Justice Assembly Line The criminal process is seen as a screening process in which each successive stage—pre-arrest investigation, arrest, post-arrest investigation, preparation for trial or entry of plea, conviction, disposition—involves a series of routinized operations whose success is gauged primarily by the ability to pass the case along to a successful conclusion. According to this view, each of the 13 stages is a decision point though which cases flow.
Conclusion The history of criminal justice can be a massive world of information. With each step towards the closing of the research, more and more information becomes of great interest, especially for those pursuing a career in criminal justice. The journey through this paper has taught me a lot of insider information that I might need in my future goals as a criminal justice student. Although these findings are encouraging, nagging questions still remain about the precision of the earlier days in the justice system.
References • DiIulio, John. No Escape: The Future of American Corrections. New York: Basic Books, 1991. • Garland, David, Mike McGuire and Rod Morgan. Of Crimes and Criminals. Oxford: Oxford University Press, 2002. • Lea, John. 2004. 26 May 2011 <http://lcjb.cjsonline.gov.uk/Cambridgeshire/1534.html>. • Packer, Herbert. The Limits of the Criminal Sanction. Stanford, California: Stanford University Press, 1975. • Perez, Jacob. Tracking Offenders. Statistics. Washington D.C.: Bureau of Justice, 1994. • Walker, Samuel. Sense and Nonsense About Crime. Belmont, California: Wadsworth, 1985.
