Friday, July 24, 2020

Components of criminal justice system in India


Criminal Justice System in India: Need for Reforms | UPSC Essay ...

The criminal justice system consists of various agencies and procedures that the government established to prevent and control crimes and to impose necessary penalties for its commission and for violating the law. The criminal justice system has three major components such as law enforcement agencies, courts, and corrections. While each of these components are independent, they form the entire criminal justice system process in such a way that they are inter-related in function.
Therefore, these four major components need to be complementary with one another in terms of their distinct responsibilities to make an efficient criminal justice system as a whole.

The components are elaborated below:-

•Police

Police is one of the most important organization of the society. police man is the most visible representative of the government in a hour of need, danger, crisis and difficulty the police is firstly called when crime occur in the society to rescue the victim and to arrest the criminal.


Indian Security Police 25th Nov 2018 Hyderabad India

Role of police:-

1. To protect life, Liberty or property human rights and dignity of members in public.

2. To preserve public order.

3. To protect internal security.

4. To protect public property, road, railway, bridges etc.

5. To prevent crimes and and opportunities of crime.

6. To accurately register complaint.

7. Police personal who handle interrogation of the arrestee should keep record in a register with clear identification and name tag with their designations.

8. To create the feeling of security.

9. To rescue the victim physically harmed.

10. To control regulate the traffic on road and highway.

11. To collect intelligence information of all kind of crime including social offenses communism extremeness terrorism and other matters related to national society.

12. To take charge as investigating officer.

13. To motivate and ensure welfare of police personnel.

14. Every police officer behave in courtesy manna with public specially with female children and senior citizen.

15. Investigation related duty and jobs.

16. Crime prevention of peace and security and
crime detection work.

17. Order maintenance and security job.

18. Enforcement of social legislation minor major and special acts.

19. Collection of intelligence democratic and election related duties.

20. Natural calamities disaster management emergency duty.

21. Maintenance of police record and crime registration.

22. Miscellaneous duties and functions.

23. Calling witness and serving notice to them and
arresting criminal and suspects.

24. Taking criminal to court for police judiciary and trial.

25. Raids for various purpose.

•Prosecution

In a criminal trial the prosecutor represents the community. Their role is to assist the court and the jury to arrive at the truth and to do justice between the community and the accused. They are required to lay before a jury all the credible evidence considered relevant to what is alleged to be a crime.


                                                          Public Prosecutors and their Role in a Criminal Justice System ...

Role of Prosecution:-

1. The prosecutor has three main tasks to investigate crimes, to decide whether or not to instigate legal proceedings and to appear in court.

2.The prosecutor investigates crimes together with the police.

3.The task of the prosecutor is to prove that the suspect has committed the crime.

4. The office of prosecutor is charged with responsibility for prosecution in its jurisdiction.

5. The duty of prosecutor to seek justice not merely to convict.

6. To see to reform and improve the administration of criminal justice.

7. A prosecutor should avoid conflict.

8. A prosecutor should not represent a defendant in criminal proceedings in a jurisdiction.

9. Work to maintain law and order section 24,25 (CrPC).

10. Arrest/detention must be in accordance with law and judicial guidelines and speedy be trials.

Court(judiciary)

All of the procedures in the administration of justice revolve around the court system. If an individual is believed to have violated the law, the concern is to bring the person before the courts in a proper manner, to provide him a trial in court, and to follow through with the disposition or judgement made by the court.

      

Role of Court (judiciary):-

1.They decide whether a person committed a crime and what the punishment should be.   

2.Giving a description to the court to examine the witness at any stage.                                

3.Mandatory portion which compels the court to examine a witness if his evidence appears to be essential to to the just and fair decision of the court.

4.To put such question to accused as it considers necessary.                                                                                                                             

5.To question the accused generally on this law commission had observed that in this way this seeks to establish a direct dialogue between the court and accused for purpose of enabling the accused to give his explanation.                                                                                                                                   

6.court has power to question the accused at any stage of any inquiry or trial without previously warning him.

7.Investigation and arresting of suspect.

8.Charge sheet against suspect.

9.First court appearances.

10.Bail or bond.

11.Grand jury for preliminary hearing.

12.Trial or under trial.

13.Sentencing and probation.

14.Depends on crime and judges requirement.

15.Court and judge decision should be strong if there is is corruption in law the decision of court and believe on court contains no value.

16.Court will decide to give bail or under trial punishment.

17.Court decision will be followed by all no interference of light in court decision.

18.Crime report from victim witness and other parties.                                                        

19.To protect human rights, and to give relief to the victim.

20.All judicial arraignments paper work.

•Prison(correction)

Prison is an important and integral part of the criminal justice system in every country. It is appropriately used, it plays an important role in maintaining the rule of law so that it can be ensured that alleged criminals can be brought in justice and approved for serious crime. In prison prisons, prisoners should be able to provide human experience with opportunities for help and achieving rehabilitation.
The prison staff is headed by a governor, who directs the operation of the prison.  This officer is held responsible if there are problems such as riots, escapes, mismanagement of prisons and cruelty to prisoners. Prison buildings vary greatly in design. The warders of the control center can inspect all activity within the building. Juvenile institutions and open prisons often consist of a cluster of buildings surrounded by a central square.These buildings may include a library, chapel, dining hall or classroom.


                                      Six charts explain how undertrial prisoners in India are denied ...

Role of Prison (correction):-

1.Prisons have four major objectives these objectives are retaliation, disability, detention and rehabilitation.              

2.Retaliation means punishment for crimes against society.

3.Depriving criminals of their freedom is a way of repaying debt to society for their crimes. 

4.Inspiration refers to the removal of criminals from society, so that they do not harm innocent people. Condemnation means prevention of future crime.                                                      

5.It is hoped that prisons provide a warning to people thinking of committing a crime, and that the possibility of going to jail will discourage people from breaking the law. 

6.Rehabilitation refers to activities designed to turn criminals into law-abiding citizens, and may include imparting educational courses in prison, teaching job skills, and counseling with a psychologist or social worker. 

7.To bring the criminal who are under trial on the order of the court.

8.To give punishment to criminal.

9.And to make them realize that they have committed a crime for which they are being punished by staying in jail.

10.And the prisoners are also given work and education according to their interests so that after leaving the prison, he/she will have a good life.

Monday, July 20, 2020

Juvenile Delinquency: What Makes Teenager Commit a Crime?

Juvenile Delinquency: What Makes Teenager Commit a Crime?



When a minor commits a crime it is addressed differently in the court system. Special courts and judges are set up to handle juvenile delinquency cases.  This is done to protect minors from the harsh realities of adult court and punishment.

It is the belief of the legal system that minors who commit crimes are not fully aware of their actions.  He believes that the thought and decision-making process of a minor is not fully developed and the court wants to approach these cases in a different way. In many circumstances, a minor can overcome the crime that was committed and is guilt-free to lead an adult life.

It is only under special circumstances that the court will allow a minor to be tried as an adult because this arrangement prioritizes rehabilitation of minors rather than punishment.

Why juvenile commit crime? What are the Causes of Juvenile Delinquency?

Common Reasons for Juvenile Delinquency: Why juvenile commit crime?

Turning to criminal acts is often the result of other issues in the minor's life.  It is because of this that the court system tries to approach criminal acts with adults with fewer offenders.

Some of the most common reasons for turning minors into juvenile delinquency include:

1. School/Institution problems


School/Institution problems are one of the causes of juvenile delinquency. There are many reasons related to schooling that can lead a minor to criminal activity.  Truancy is one of the main reasons. When a child misses a lot of schools they do not receive the benefits of education or learn the discipline of attending school each day.

When a minor conflict occurs to a learner or parent who is not interested in ensuring that the child attends school regularly, that child may eventually end up in situations that lead to criminal activity. These issues can be approached and corrected and the child can move towards making life guilt-free.

2. Economic problems

Lack of food, clothes or a safe place to live can also lead to criminal activity.  Children will stop stealing when they are hungry.  If a minor is not in a position to fulfill their most basic needs, there is a high probability of committing several types of criminal activities.

3. Substance Abuse in home

When there is a home life in which substance abuse occurs inside the home, there is a high risk for criminal activity by minors in that household.  Crimes may be committed to achieving needs that are not being provided, or they may be committed to helping their caregivers support their habits.  When substance abuse occurs in a household, there is less guidance for minors as well.
When substance abuse occurs at home, minors are at a higher risk for substance abuse and are one of the causes of juvenile delinquency.  When a teen is using drugs or alcohol, there is a significantly higher risk for criminal activity.  This is for two reasons.  First, minors will commit crimes so that they can support their habit.  The second reason is that the decision-making process in the minor is manipulated and they can do things they have not really thought about.

It is very easy to influence someone to commit a crime when they are under the influence of a mind-altering substance because they do not have the thought process to make the right decision.

4. Physical Abuse

It is not uncommon for a child or adolescent to be physically abused when they are away from home.  It usually occurs in the form of more violent crimes against people or property.  Assassins of all types of vandalism are often associated with physical abuse at home.

5. Lack of Adult Interaction

Children are influenced by the people around them.  That is the natural order of things.  Encourage children who do not have adult influence in their lives to teach right from wrong, or simply have a presence in their lives, who are more affected by criminal activities.  An adult effect helps children make the right decisions in all situations.

6. Peer Pressure

People who may have a dramatic effect on minor associates choose what to do when away from home.  Peer pressure is a very real thing, and minors will often act in front of their "friends" so that they are accepted and part of a group and cause to be juvenile delinquency.

In more dangerous neighborhoods you may also see children acting out of fear of gang activity.  Minors make choices to protect themselves or to influence gang members for their own safety.  Peer influence and personal safety can lead to a life of crime for any minor.

Crime in Japan - Victims' justice | Asia | The Economist

Of course, there can be many other factors that can contribute to a small one that violates the law.  Because these circumstances may or may not be the deciding factors for breaking the law, the court system looks at the entire situation very carefully when reviewing a case involving a minor.

Why You Need The Right Criminal Attorney For Your Teenager?

What is juvenile crime? - Quora

The right type of legal representation is required in any criminal case involving a minor.  The parents or guardians of an accused minor should seek a criminal lawyer who has a dedicated department for juvenile offenses.  A lawyer who is familiar with the juvenile justice system will be able to provide the best representation for your child.

The juvenile justice system is different than the adult system.  The focus of the Courts is to rehabilitate and help the child bend his life.  However, the court should be made to understand the circumstances of the crime and the lives of the accused so that the best decision can be taken about the case.  A lawyer who works with accused minors on a regular basis understands these requirements and will be able to aggressively represent your child in court.

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