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Chapter

This chapter examines justice in an absolute sense, and also justice in the context of the criminal justice system. The criminal justice system is the set of rules and practices under which government institutions and agencies act in order to prevent or control crime, to deal with those who break the law, and to support victims. ‘Justice’ in the context of ‘criminal justice’ refers to the extent to which the system aims to prevent or reduce offending; ensures that those who are accused, convicted, and sentenced are treated fairly (justly); and works to support victims and communities. Justice should be guaranteed by the law, especially the criminal law, in any state and should be clearly present in all decisions about crime and social issues made by those working for the state. As such, justice is core to almost every aspect of the criminal justice system. The chapter also considers broad definitions of justice; frameworks called criminal justice models on which understandings of justice in the criminal justice system can be anchored; philosophical ideas about the concept of justice; and the main systems used to bring about criminal justice.

Chapter

This chapter discusses both the theoretical notions and practical applications of justice. It considers some definitions of justice and examines criminal justice models, the philosophical underpinnings of justice as a concept, and the systems of criminal justice. It shows why justice is so important and the fact that justice may be approached form differing standpoints. After providing an overview of preliminary issues regarding justice, the chapter looks at justice issues within criminal justice and justice as a social construct. It then outlines the reasons why it is important to study justice and why justice matters to criminology. It also evaluates the four philosophical approaches to justice that take a broad view of the concept and allow us to see how justice and injustice can impact on society, crime, security, and well-being. Finally, it compares the two main systems of criminal justice: adversarial and inquisitorial.

Chapter

This chapter, which examines the role of psychology in the criminal justice process, begins with a historical context before charting the development of some applications of psychology to criminal justice. It then discusses the application of psychology to all stages of the criminal justice process: pre-trial, trial, and post-trial. The chapter considers how psychology has influenced the law and its application, and the role psychologists play in criminal justice settings. It also highlights ways in which the law impacts upon psychological practice using examples of limitations to culpability, diversionary schemes, and the diagnosis of Dangerous and Severe Personality Disorder.

Chapter

Margaret Malloch and Gill McIvor

This chapter, which examines the relevance of gender to an understanding of criminal justice responses to offending and victimisation, covers: gender differences in criminal involvement; gender and sentencing; gender and punishment; gender and ‘victimisation’; and gender and the criminal justice professions.

Chapter

This chapter starts by presenting a brief sketch of the key stages and decisions of the criminal process which forms part of the English criminal justice system. The significance of those stages and decisions is discussed before they are then classified according to their nature and consequence. This is followed in the next section by differentiating between the criminal process and the system before moving on to orient the reader by outlining significant reforms that have shaped the criminal process in the past decades. There is a final concluding section.

Chapter

This chapter examines three factors that can influence the direction of criminal justice: policies, practices, and people. It first considers criminal justice policies, with a particular focus on penal populism and the concept of ‘adversarial-lite’ justice. Moving onto criminal justice practices, the chapter discusses community service and levels of sentencing, along with payback as retribution and the due process model. Finally, it explores the effects of merging principles and policies on the people (the responders and receivers) who work in the criminal justice system. It highlights the role of criminal justice professionals in the delivery of criminal justice and how the 4Ps process (principles, policies, practices, and people) change the game in criminal justice.

Chapter

This introductory chapter briefly sets out the volume’s purpose, which is to explain the legal, procedural and evidential rules governing how cases are dealt with by the criminal justice system. It then explains the philosophy of the text and its unique features; introduces the key personnel and organisations within the criminal justice system; introduces the Criminal Procedure Rules; explains the classification of offences according to their trial venue; summarizes the jurisdiction of the criminal courts; stresses the importance of the pervasive issue of human rights; and highlights professional conduct considerations in the context of criminal litigation.

Chapter

Martin Hannibal and Lisa Mountford

This introductory chapter briefly sets out the volume’s purpose, which is to explain the legal, procedural and evidential rules governing how cases are dealt with by the criminal justice system. It then explains the philosophy of the text and its unique features; introduces the key personnel and organisations within the criminal justice system; introduces the Criminal Procedure Rules; explains the classification of offences according to their trial venue; summarizes the jurisdiction of the criminal courts; stresses the importance of the pervasive issue of human rights; and highlights professional conduct considerations in the context of criminal litigation.

Book

Liz Campbell, Andrew Ashworth, and Mike Redmayne

The Criminal Process continues to provides a reflective, contextualized consideration of doctrinal, practical, and normative issues in criminal processes and procedures. The text draws on arguments from the law, research, policy, and principle, to present an overview of this area of study. It focuses on England and Wales, with occasional comparative references. The book includes new coverage of contemporary issues, such as the disclosure of evidence in criminal trials and the treatment of victims, and on diversity and discrimination within the criminal justice process. Further reading suggestions and discussion questions are included at the end of each chapter.

Chapter

Anna Souhami

This chapter examines how youth justice systems are shaped by different ways of thinking about youth, crime, and justice. It first discusses the emergence of the youth justice system in the nineteenth century, and shows how contemporary ideas about the problems of youth and youth offending are both relatively recent constructions and intrinsically connected to broader anxieties about social disorder. It then sets out some of the principles that have dominated the youth justice system at particular moments (welfare, justice, actuarialism, and restoration) and the implications of each for how problems of youth offending and appropriate responses to it are understood. The final sections describe contemporary youth justice in the UK. They focus on the various systems that have emerged in England and Wales, and Scotland; the different contexts which have allowed these approaches to develop; and the pressures now faced by both.

Chapter

This chapter evaluates the alternative means of responding to offenders and their crimes which have emerged in criminal justice and have been gaining wider recognition. Those who favour innovations of this kind tend to reject conventional assumptions and approaches, proposing new principles for the operation of the justice system. The chapter considers two distinct but similar challenges to conventional models of justice which have developed from this viewpoint: restorative justice and diversion. Restorative justice is based on the presumption that dealing with crime is a process rather than a single act or decision, that it involves collaboration between those with a stake in the offence, and that it emphasises healing as well as ‘putting things right’. Diversionary interventions, which can include community service, restitution, and education, as well as elements of restorative practice, provide an opportunity for the offender to avoid criminal charges or formal judicial processes, albeit sometimes by meeting certain conditional requirements.

Chapter

This chapter studies criminal justice policies, practices, and the people who work within the system. It begins by tracing the origins and influences of criminal justice policies. Criminal justice policies predominantly come from the government, but other organisations and individuals such as academics, the media, corporations, and lobbyists can influence them. The motivations behind these policy influencers may vary, but they all share the ultimate aim of ensuring that their preferred strategy is implemented in practice. The chapter then considers the significant impact that ‘penal populism’ can exert on policy, and how government policy is shaping the ways in which the ‘adversarial-lite’ principle is implemented. It assesses use of both of those policies in practice in the courtroom and the community to see how key principles can play out in reality. Finally, the chapter reflects on the effects of all the components upon the people who work in the criminal justice system.

Chapter

This chapter describes the key principles of the criminal justice system. These key principles behind the abstract aims of criminal justice include the rule of law, adversarial justice, and restorative justice. The chapter particularly focuses on the rule of law doctrine to illustrate its status as the ultimate authority for democratic systems of justice around the world, but it also reflects on three of its supplementary concepts: an independent judiciary, due process, and human rights. Meanwhile, the traditional adversarial contest in a courtroom between two opposing sides means such hearings can lack impartiality as the role of the judge is limited to ensuring that the rules are followed. The restorative justice principle offers a different dimension, one that prioritises repairing the harms suffered by the injured parties.

Chapter

This chapter examines the role of science in the criminal justice process, focusing on DNA profiling evidence, both as an important topic in its own right and as a case study illuminating broader issues. It considers the potent combination of scientific innovation and public policy making in the development of new forms of legally admissible evidence. The chapter explores some general, and fundamental, aspects of the logic of forensic proof in criminal trials.

Chapter

Anthea Hucklesby

This chapter explores issues relating to the prosecution process. It introduces some of the main theoretical and conceptual issues with the prosecution process, and considers a number of key trends in recent criminal justice law and policy. The discussions cover the agencies involved in the prosecution process; making sense of the criminal justice process; diminishing defendants' rights; and differential treatment.

Chapter

Anthea Hucklesby and Azrini Wahidin

This introductory chapter first sets out the book's purpose, which is to explore the key issues relating to the criminal justice system in the early part of the twenty-first century. It aims to provide undergraduate students with an overview of the institutions and agencies of the criminal justice system and the issues that arise with the process by which individuals are convicted and punished for transgressing the criminal law. The chapter then discusses the UK criminal justice system; criminal justice in context; and the effectiveness the criminal justice system. An overview of the subsequent chapters is also presented.

Chapter

Derek Kirton

This chapter examines youth crime and responses to it. It discusses the key principles around which youth justice has evolved and how the balance between them has changed over time. The chapter considers some of the main theories and models that have been put forward to explain youth crime, including patterns linked to social divisions based on class, ethnicity, and gender. Attention is also given to recent ‘moral panics’, such as young people's use of weapons, gang activity, and involvement in the 2011 riots. Finally, a review of contemporary youth justice policy and debate regarding its future direction is provided.

Chapter

This chapter provides an overview of the major themes in the history of crime and punishment in England and Wales over the last 250 years. It discusses the usefulness of historical research in this field and the research methods employed by historians; some salient features of the history of crime, criminal justice, and punishment; and aspects of criminal justice history that can assist in the understanding of contemporary issues and debates. The chapter demonstrates that the nature of crime and criminal justice at any given time can only be understood within the period's specific political context.

Chapter

This chapter examines the source and changing nature of the fundamental principles of criminal justice. It begins by considering a process of change for criminal justice featuring four factors labelled as ‘game changers’ — principles, policies, practices, and people — with a particular focus on principles. It then discusses the importance of the rule of law doctrine and some of its key features, including parliamentary sovereignty, separation of powers, an independent judiciary, due process, and human rights. It also explores the essential features of an adversarial justice system and the restorative justice principle and concludes with an assessment of the roles of the police, the courts, and the Crown Prosecution Service in the criminal justice system.

Chapter

This chapter examines how far the police are, and should be, allowed to infringe the freedom of the individual through arrest. It considers the legal rules and their effectiveness in controlling the use of this power, and also looks at what reasons for arrest are lawful. The chapter shows that arrest is used for many purposes, some more legitimate than others.