To what extent do courts achieve justice within the criminal justice system
Courts to a great extent achieve justice within the criminal justice system, evident within the investigation, trial and sentencing processes. However, while they do remain an integral part of the criminal justice system as a whole, there has been extensive criticism in relation to its processes and "time consuming nature" (P. Morgan), therefore prompting a heavy reliance on diversionary and rehabilitation programs.
The efficacy of courts within the criminal justice system is evident in the investigation process. This is highlighted by courts issuing warrants, indicative of legal documents giving the police power to do certain things, thereby reinforcing judicial safeguards with which to protect police abusing their discretionary power. The efficacy of courts is evident further by the allowance of subsidised services such as Legal Aid under the Legal Aid Commission Act 1979 (NSW), with which to prevent institutionalised inequality and improve the efficiency of the court system. While this does attempt to provide judicial justice, as evident in Dietrich v Queen (1992), many argue that its eligibility test of means and jurisdiction is too difficult, similarly to the prevention of justice argued against the adversary system claiming to have an unequal distribution of skills, knowledge and resources. Despite this, highlighted in R v Munster (2009), this effectiveness in achieving justice is heightened by its enshrinement of equity, where both parties can present their oral arguments and have evidence cross-examined, presided over by an independent, impartial arbiter (judge) evidenced by the esteemed Supreme Court Judge, Judge Latham.
Courts, whilst somewhat successful in a hierarchical sense but still too time consuming, are questionable in their sentencing, focusing more on the 'zero tolerance' model, with purposes of punishment focusing heavily on deterrent and incapacitation (which in CROC 1989 is established to be a 'last resort'), established further n the Law Enforcement and Police Responsibilities Act (2002). While some punishments such as incarceration and periodic detentions to "protect the community from harm of the offender" (Crimes Act 1900 (NSW)), the media's influence on courts do overtly challenge this provision of justice. This is accentuated in the case R v. Campbell (2010), where Justice Latham on a rare occasion allowed the media inside the courtroom which proclaimed the accused a "philanderer", thereby clouding the notion of 'open justice' as well as the maxim of "innocent till proven guilty" within the court trial and sentencing processes.
Post-sentencing considerations, furthermore, lessen the effectiveness of the court to a great extent achieving justice. This is detrimented by such post-sentencing considerations as preventative detention and continued detention for offenders that have already served their time, as well as those on the Sex Offenders Registration Act (2000) for two years. While the courts do attempt to exemplify equality and fairness, the tensions between community values, victims and offender are tarnished overall in terms of young offenders. This successfulness is statistically tarnished by a 60% rise in juvenile detention centres over the past six years as a result of court processes and decisions, along with more than half of these being of Indigenous descent. It is with this court inefficacy that leads to a more holistic support for diversionary programming and rehabilitations which find more than 72% of people do not rescind (habitually commit) crimes, evident by such programs as the Youth and Alcholol Program in Parramatta. Other diversionary programs, veering away from the rigidity and cost ineffectiveness of court is highlighted by circle sentencing and communal punishments for Aboriginals as well as restorative justice in disproving courts achieving justice on the whole within the criminal justice system.
Therefore, in essence, it is clear while courts to some extent achieve justice within the criminal system, 'grey areas' remain thus, with a greater focus needed on rehabilitation and diversionary programs within contemporary society.
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