Miscarriage of Justice



Miscarriage of Justice

Introduction

The historical meaning of justice has not changed. In today's world as well, justice is measured in accordance with a prescribed set of values, which are determined on the basis of property, rights, racial or ethnic background and power. The prevailing practice of justice in contemporary times can best be understood by applying the concept on the political front. However, there have been numerous issues of criminal injustice in the past. Studies show that criminal behavior is motivated by a feeling of injustice that individuals experience when they become aware that other people are having advantaged in the justice system. Relative deprivation is thus a social-psychological construct that arises from a subjective perception of inequity in the justice system. This paper critically analyze the following quotation,

“The issue of miscarriage of justice has always been a constant pressing social concern, not least for the obvious harm caused to the victims. At the same time, the possibility that innocent people have been wrongly convicted of serious crimes has resulted in some of the most progressive changes to the criminal justice system in attempts to prevent their occurrence in the future.” Criminal Justice System

A criminal justice system consists of the social and legal institutions that enforce the criminal law in confirmation to the defined procedures, limitations and rules. In the U.K, there are separate state, military and federal criminal justice systems. Each of the states has separate systems for juveniles and adults. This system also consist of subsystems which comprises of either one or more of the public institutions and their staff members which include police and agencies responsible for enforcing laws. The responsibility even lies on appellate and trial courts, public and prosecution defender offices; parole and probation agencies; custodial institutions and departments responsible for all the functions. The key players of a criminal justice system comprises of both private and public actors such as private defense attorneys, bail bondsmen, defendants, private agencies who offers supervision, treatment or assistance to the criminals. It also provides assistance to the victims and officials that represent or assist the offenders. There are few agencies whose work includes the enforcement of the criminal law, for example, driver and bureaus for vehicle licensing; agencies responsible for allotting the taxation and the resources.

Criminal justice system is the state's legal apparatus for the use of public penal power. In brief, the criminal justice system is considered as the subsystem of the overall legal system of the state that is concerned with crime and punishment. The purpose of the criminal justice system is to secure social order on the territory of the state, by means of crime control through the threat and use of punishment. From this starting point, the basic justification for the systems' existence lies, paradigmatically, in the argument of its general preventive effect. At the same time, the criminal justice system should secure criminal justice. In this regard, the criminal justice system is typically considered as rooted in the basic values of ...