CRIMINAL JUSTICE SYSTEM

Management of Criminal Justice System

Management of Criminal Justice System

Introduction

The “Key figures of justice" was published by the Department of Justice in early December 2011. They provide key landmarks on the activity of Justice in 2010. Moreover, even at the end of December, the Ministry's website has also posted the annual statistical volume entitled “Convictions ", always for the year 2010. Together, these products can make a quantified assessment of the activity of criminal justice and the part that deals with crime. As always, this report some surprises as political speeches and media coverage of news items are removed from the daily reality of police, the gendarmerie and the courthouse. In 2010, all floors received 5 million records. From the outset, nearly 60% of them were unusable because the author of such infringement or denounced to the police or gendarmerie remained unknown (it is the "complaints against X", especially for flights, burglary and damage). Without elucidation police, justice is totally disarmed. She then removed nearly half a million procedures that have not complied with the law or who have not met loads sufficient to pursue one or more persons. Ultimately, 1.4 million are actually business "prosecutable." However, we must also subtract a little over 160 000 which will be filed without action for specific reasons: failure to find the perpetrators, the complainant's withdrawal, impaired mental status of the suspect, discovered the responsibility of the alleged victim, overly Benin's injury or disorder found. The number of these "rankings following sense" but continues to decrease over the years under political pressure "zero tolerance" therefore systematic response to the very facts less serious or less well established. In the end, the prosecutors have triggered some 640 000 prosecutions, most before the criminal courts in respect of offenses and not crimes. For misdemeanors, they also sent a little over 50 000 cases to the police courts. Finally they seized the judges of the children in nearly 54,000 cases. All these figures are slightly down compared to 2009. Besides these lawsuits, prosecutors have also resorted to measures "alternatives to prosecution" (typically "call the law") and "compositions criminal", a set of procedures in place in the 1990s and allow prosecutors to handle less serious cases quickly (avoiding further overburdening the courts and even lengthen the processing time of cases). Finally, the "key figures" also detail the same pattern specifically for minors. They represent about 10% of business volume "prosecutable." Here, the political pressure (and media) is even stronger, from the rankings without result is even smaller (6% overall). In exchange, more than half of cases are handled directly by the courts, including measures "alternatives to prosecution," essentially "call the law" (admonitions). In total, the "criminal response rate" (that is to say the proportion of cases not classified without suites) reached 94% among miners, significantly more than among adults (Walker, Samuel, 1992).

Discussion

The functioning of the criminal justice system is on the Federal Constitutional Court declining topos, serving in the judiciary and the political debate on the argumentative ...