Criminal Justice System
• Introduction
• A system of practices by which criminal conduct is investigated, arrests made,
evidences gathered, charges brought, defenses raised, trials conducted, sentence
rendered, and punishment carried-out.
• “A System consisting of a set of legal and social institutions through which
criminal law is enforced with the help of defined procedural rules and
limitations.” (Encyclopedia of Crime and Justice)
• Genesis of CJS
• British: Father of CJS; USA: Father of Criminology
• Major Components of CJS
• Law Enforcement Agencies (Police)
• Courts (Judiciary, Prosecutors, Defense Attorneys)
• Correctional Agencies (Prisons, Probation, Parole)
• Police
• Definition
• “The department of government which is charged with the preservation
of law and order, the promotion of public safety, and the prevention and
detection of crime.” (Black’s Law Dictionary)
• “Police is a law-and-order force.” (Hutchinson Encyclopedia)
• Legal Perspective: functions of Police
“The Police function is universal in the society.” ([Link])
• Crime Detection
• Crime Prevention
• Law and Order Enforcement
• Investigation
• Public Safety
• Marxist Perspective: A Tool of Bourgeoisie
Affluent are not punished while proletariats are always.
• Pakistan-Police
• “Police is an engine of exploitation and symbol of terror.” (A Former IGP
Hafiz S.D.)
• Major Developments through The Police Ordinance 2002
• Separation of Investigation wing from watch and ward
• Establishment of Public Safety Commissions at district, provincial,
and federal leve: Accountability of Police
• Separation of Prosecution to highlight deficiencies
• Creation of National Police Bureau to ensure implementation of
reforms
• Stumbling Blocks which undermine Police-performance
• Under-the-table Culture: Corruption
• Lacking Training skills among junior officers: Devoid of Professionalism
• Extraneous influence (Postings before the end of investigations,
Promotions, etc.)
• Outdated Statutes (CrPC-laws, PPC laws )
• Lack of Human Resources
• Lack of Infrastructural and Financial Resources (Poor facilities, no perks
like Army-men)
• Dearth of Technological Advancement
• Trust-deficit between Police and Public due to harsh treatments (torture
for seeking evidences and proofs)
• Sticking to The Policy of Clearance Rate (For Police, it is more important
that how many case have been solved)
• Way-forward
• Government-level
• Provision of funds (equipment, infrastructural betterment, salaries
and perks)
• Laws to counter political influence
• Steps to enhance man-power
• District based Inquiry committees to inquire Police high-
headedness (consisting of District and Session Judge)
• Small committees headed by Honorary magistrates at local
stations
• Institutional Level
• Ensuring better recruitment process
• Better training to ensure specialization and professionalism
•
. For the sake of knowledge and in thecontext of Pakistan, definitions of three key
terms related torehabilitation and reintegration must be noted:
Corrections:
“…services and programs aimed at correcting
the criminal conduct of the Prisoners in order to rehabilitateand integrate them
in the society
” (Section 4(l) of the Sindh
Prisons and Corrections Services Act, 2019)
Probation
: The term probation is based on two laws titled
as the Good Conduct Probationer‟s Release Act, 1926 and
the Probation of Offenders Ordinance, 1960. The concept of probation is that
first time offenders may be released by thecourt on surety. Probation may be
applied as an alternate toimprisonment.
Parole
: The term parole is not defined in the law. The Good
Conduct Probationer‟s Release Rules, 1927 refer to ParoleOfficers who supervise
the prisoners on „parole‟. The
concept is that the provincial governments may suspend thesentence of a
prisoner and release him under a licence due tohis good behavior