1. Criminal Justice System
Avinash Rajput
Criminology 2nd Semester
Lok Nayak Jayprakesh Narayana National Institute of
Criminology and Forensic Science
Ministry of Home Affairs
2. Defination
The term criminal justice refers to the agencies of
government charged with enforcing law, adjudicating
criminals, and correcting criminal conduct.
A criminal justice system is a set of legal and social
institutions for enforcing the criminal law in accordance
with a defined set of procedural rules and limitations.
A criminal justice system is a set of legal and social
institutions for enforcing the criminal law
The phrase criminal justice system refers to a
collection of federal, state, and local public agencies that
deal with the crime problem
3. Objectives of Criminal
Justice System
To prevent the occurrence of crime
To punish the criminals
To rehabilitate the criminals
To compensate the victims as far as possible
To maintain law and order in the society
To deter the offenders from committing any criminal act
in the future
4. The Branches of Criminal
Justice System
LEGISLATIVE BRANCH
JUDICIAL BRANCH
THE EXECUTIVE BRANCH
6. JUDICIAL BRANCH
The guilt of persons charged with crimes
Interpret the law
Administers the process by which criminal responsibility
is determined
7. THE EXECUTIVE BRANCH
Executive power is given to the president, governors,
and mayors
Carries out (executes) many acts of government
Holds powers of appointment and Pardons
They can lead efforts to improve criminal justice
Provides leadership for crime control
11. COURT
Place where “arguments” get settled
Court applies the law to the argument at hand
Court give the punishment
Thera are mainly three types of Court
District Court
High Court
Supreme Court
16. Key Players in Criminal
Justice System
POLICE
PUBLIC PROSECUTOR
DEFENCE LAWYER
JUDGE
17. POLICE
Investigate the case
Arrest the accused
Collect the evidence
Keep the peace
Prevent crime
Provide social services
18. PUBLIC PROSECUTOR
Lawyers who represent the state and conduct criminal
cases against defendants
The role of the Prosecutor begins once the police filed
the chargesheet in the court
The Prosecutor must conduct the prosecution on behalf
of the Police investigation
It is his/her duty to present all the facts, witnesses and
evidence before the court
He/She has the right to a speedy trial
20. DEFENCE LAWYER
Represent the accused after arrest to give advice
Investigate details of the offense on behalf of the
accused
Discuss the case with the prosecutor and test the
strength of the state’s case
Represent the accused at bail hearings
Represent the accused at trial
Present an appeal
21. JUDGE
The judge is like an umpire in the Court
The judge hears all the witnesses and see the evidence
presented by the both parties
The judge decides whether the accused person is guilty
or innocent
If the accused is convicted, then the judge pronounces
the sentence
He may send the person to jail or impose a fine or both
according to the law prescribes
22. Purpose of Criminal Justice
System
DOING JUSTICE
CONTROLLING CRIME
PREVENTING CRIME
23. Steps in the criminal justice
process
Investigation
Arrest
Prosecution
Filing of an information by a prosecutor
Arraignment by a judge
Pretrial detention or bail
Plea bargaining
Trial/adjudication of guilt
Sentencing by a judge
Appeals
Punishment or rehabilitation
24. Types of Criminal justice
system
INQUISITORIAL PROCESS
ADVERSARY PROCESS
25. INQUISITORIAL PROCESS
This System relates basically to Romano Germanic
System of Law
This is also known as civil law system
The Judge can play active role
The accused must help to the prosecutor and the court
26. ADVANTAGE OF
INQUISITORIAL PROCESS
The court plays substantive role in the trial to secure
justice
All the component of criminal justice system must help to
secure justice
Any distortion can be easily detected with the effort of
the court
28. ADVERSARY PROCESS
Adversary mode of justice is close to Anglo-American
system
It advocates the supremacy of law
The Judge play the role like a football umpire
The accused need not cooperate with the police and he
can remain silent in the court throughout the trial
The prosecutor must prove the accused guilt beyond the
reasonable doubt
29. ADVANTAGE OF
ADVERSARY PROCESS
It insists upon strict observance of procedural law
The representation of lawyer from both sides is
indispensable
The accused has right to silence
He need not give evidence from his side
Prosecution must prove the guilt beyond reasonable
doubt
The accused may claim benefit of doubt
30. DISADVANTAGE OF
ADVERSARY PROCESS
The accused does not help the police
The police must work on his own strength against the
accused
Contest on technical error in the court is possible
The court is helpless to correct it
The police sometime may not be able to find sufficient
evidence against the accused
This leads to dropping-out of the case
31. Improve criminal justice
system in India
Simplification of Rules and Procedures
Repealing of Outdated Laws
Criminal Law Amendment
Police as Investigative Agency
Judicial Accountability
Appointment, Promotion and Transfer of Judges
Average Judge-Population Ratio
Perjury and Contempt Of Court
Efficient Public Prosecutor
Transparency of Court Proceedings
Time Bound Filling of Vacant Post in the Judiciary