law 101 seminar 3

law 101 seminar 3 - Law 101 Structure and Jurisdiction of...

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Unformatted text preview: Law 101 Structure and Jurisdiction of the Criminal Courts. Seminar three. The CJS is one of the major public services in the country. With over 400,000 staff it spans a wide variety of job roles from court users, judges and Crown Prosecution Service lawyers to police and prison officers. Within central government, three departments are jointly responsible for the Criminal Justice System and its agencies. They are: The Home Office, which oversees the Police and the National Offender Management Service (Prison Service and Probation Service). The Home Office also sponsors the Youth Justice Board, Criminal Injuries Compensation Authority, and the Criminal Cases Review Commission. The Department for Constitutional Affairs, which oversees the Magistrates Courts, the Crown Court, the Appeal Courts and the Legal Services Commission. The Office of the Attorney General, which oversees the Crown Prosecution Service, the Serious Fraud Office and the Revenue and Customs Prosecutions Office. The government body responsible for co-ordinating the efforts of all these organisations is the Office for Criminal Justice Reform (OCJR). OCJR is a cross-departmental organisation, which means that it reports to ministers in all 3 government departments mentioned above. It drives forward improvements set out by the National Criminal Justice Board, which is made up of ministers, senior civil servants and heads of service. Locally, 42 Local Criminal Justice Boards co-ordinate activity and share responsibility for delivering criminal justice in their area. 1.) A crime is an act carried out by a person which is not condoled by the state, a act that is laid down in government statute and common law. If a crime is committed normally a punishment will follow. 2.) Foucault,M., (1975) Discipline and Punish (The Birth of The Prison) Prisons major goal was to reduce crime by punishing the criminal. Prisons should also deter others from committing crimes. According to Foucault, prisons did not meet their objective; in fact they made criminals worse. Prisons do not diminish the crime rate: they can be extended, multiplied or transformed, the quantity of crime and criminals remains stable or, worse, increases... (Foucault, 1975: 265) Detention causes recidivism; those leaving prison have more chance than before of going back to it; convicts are, in a very high proportion, former inmates; 38 per cent of those who left the maisons cetrals were convicted again... (Foucault, 1975: 265) The prison cannot fail to produce delinquents. It does so by the very type of exercise that it imposes on its inmates: whether they are isolated in cells or whether they are given useless work, for which they will find no employment, it is, in any case, not to think of man in society; it is to create an unnatural, useless and dangerous existence... The prison also produces delinquents by imposing violent constraints on its inmates; it is supposed to apply law, and to teach respect for it; but all its...
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law 101 seminar 3 - Law 101 Structure and Jurisdiction of...

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