Criminal Justice

Criminal justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts. Those accused of crime have some protections against abuse of investigatory and prosecution power. A crime is an offence that merits community condemnation and punishment, usually by way of fine or imprisonment. This is different from a civil wrong (a tort), which is an action against an individual that requires compensation or restitution. Criminal offences are normally prosecuted by the State, whereas it is usually up to an individual to take a civil action to court. It is also possible for an individual to begin criminal proceedings, but this is very rare. Some matters, such as assault, can be both criminal and civil wrongs at the same time. The police can prosecute for assault and the victim can take civil action to recover money for any injury suffered. A person who takes money without permission commits a criminal offence, whereas a person who fails to pay back money commits a civil wrong (not a crime). Although a civil action can be commenced to recover the money, the borrower can only be prosecuted for a criminal offence if fraud is involved. Whether or not the police decide to charge a wrongdoer with a criminal offence is entirely their decision. A victim of crime cannot force the police to prosecute an offender, but it is possible, although not common, to make a private prosecution. It is very advisable to get legal advice if you are considering this. The criminal justice system consists of three main parts: (1) Legislative (create laws) (2) adjudication (courts) and (3) corrections (jails, prisons, probation and parole). In the criminal justice system, these distinct agencies operate together both under the rule of law and as the principal means of maintaining the rule of law within society.