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Understanding Our Criminal Justice System

 Understanding Our Criminal Justice System

JandK BOSE

Excercise

Q.1. In a town called Peace Land, the supporters of the Fiesta football team learn that the supporters of the Jubilee football team in the nearby city about 40 km away have damaged the ground on which the Final between both teams is to be held the following day. A crowd of Fiesta fans armed with deadly weapons attacks the homes of the supporters of the Jubilee football team in the town. In the attack, 10 men are killed, 5 women are gravely hurt, many homes are destroyed and over 50 people injured.
Imagine that you and your classmates are now part of the criminal justice system. First divide the class into the following four groups of persons:
1. Police 2. Public Prosecutor 3. Defence lawyer 4. Judge
The column on the right provides a list of functions. Match these with the roles that are listed on the left. Have each group pick the functions that it needs to perform to bring justice to those who were affected by the violence of the Fiesta fans. In what order, will these functions be performed?
Roles Functions
Police hear the witnesses
record the statements of witnesses
Public Prosecutor cross examine the witnesses
take photographs of burnt homes
Defence Lawyer record the evidence
arrest the Fiesta fans
Judge writes the judgment
argue the case for the victims
decide for how many years the accused wil be put in jail
examine the witnesses in court
pass the judgment
get the assaulted women medically examined
conduct a fair trail
meet the accused per
Now take the same situation but ask one student who is a supporter of the Fiesta Club to perform all the functions listed above. Do you think the victims would get justice if only one person performed all of the functions of the criminal justice system? Why not?
State two reasons why you believe that different persons need to play different roles as part of the criminal justice system.
Answer:
Roles Functions
Police Records the statements of witnesses
Takes photographs of burnt homes
Arrests the Fiesta fans
Gets the assaulted women medically examined
Public Prosecutor Cross examines the witnesses
Argues the case for the victims
Judge Hears the witnesses
Records the evidence
Writes the judgement
Decides for how many years the accused will be put in jail
Passes the judgement
Conducts a fair trial

The victim would not get justice if only one person performs all the functions of the criminal justice system, because he could get influenced by various prejudices. Separation of power is necessary within a judicial system too, since absolute power can lead to unfairness.

Two reasons why different people need to play different roles as part of the criminal justice system are:

  1. All the aspects of trial and investigation cannot be conducted by a single person, as it entails a diverse range of work including arresting, recording the statements of witnesses, defending the victim and accused parties, passing a fair trial and judicially correct judgement.
  2. If all the powers are vested on one person alone, it might be misused and thereby violate the laws based on just and equal decision.

A single ideology may not be the right one, as it can affect the trial and the result of the case.

Q.2. Important Definations:

Answer:

Term Definition
Accused In the context law and order this refers to the person who is tried by a court for a crime
Cognizable Refers to an offence for which the police may arrest a person without the permission of the court
Cross-examine Refers to the questioning of a witness who has already been examined by the opposing side in order to determine the veracity of his/her testimony
Detention Refers to the act of being kept in illegal custody by the police
Impartial The act of being fair or just and not favouring one side over another
Offence Any act that the law defines as a crime
To be charged of a crime This refers to the trial judge informing the accused, in writing, of the offence for which he/she will face trial
Witness Refers to the person who is called upon in court to provide a first-hand account of what he/she has seen, heard or knows

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