Understanding our Criminal Justice System

CBSE CLASS VIII

1. UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM 11/17/2016 [email protected] 1

2. CRIMINAL JUSTICE Criminal justice is the system of practices and institutions of government directed at upholding social control, deterring and mitigating crime or sanctioning those who violate laws with criminal penalties and rehabilitation efforts. Those accused of crime have protections against abuse of investigatory and prosecution powers. 11/17/2016 [email protected] 2

3. 4 MAIN PLAYERS IN CRIMINAL JUSTICE POLICE PUBLIC PROSECUTOR DEFENCE LAWYER JUDGE 11/17/2016 [email protected] 3

4. ROLE OF POLICE 11/17/2016 [email protected] 4

5. POLICE The primary functions of law enforcement officials is that of an impartial investigator and protector of public safety. Police officers or sheriff deputies are the first to respond to the crime scene and first to have contact with victims. The initial information the victim provides to law enforcement is the most critical factor in solving a crime. 11/17/2016 [email protected] 5

6. You can think of police as a "gateway" into the criminal justice system. It is the most important step as they are the ones responsible for subduing the offender, decide what charges will be filed, collecting evidence, and writing down any other information that can be used to further incriminate the suspect or help the investigation (in the case that nobody was caught 11/17/2016 [email protected] 6

7. ROLE OF PUBLIC PROSECUTOR … 11/17/2016 [email protected] 7

8. PUBLIC PROSECUTOR … The Role of the Public Prosecutor in Court When a criminal case has not been waived or settled out of court, the prosecutor will summon the suspect to appear in court. The summons comprises the charge and a list of witnesses to be crosschecked. The prosecutor may decide to charge the suspect with a less serious offence (e.g. by disregarding aggravating circumstances) despite the existence of sufficient evidence to charge the suspect with a more serious crime, or may limit the charge to some offences committed by the suspect. 11/17/2016 [email protected] 8

9. The court is informed in an informal way about the other offences committed . For the sentence to be imposed, the court may consider these non-charged offences, provided that the suspect does not deny and the offence can be proved. The trial stage begins, as soon as the prosecutor has issued a summons. 11/17/2016 [email protected] 9

10. Defence lawyer … A criminal defence lawyer works with the defendant to develop the best way to minimize the consequences of any unlawful activity the client may have been involved in. If the client is innocent, it is the job of the criminal defense lawyer to prove that. 11/17/2016 [email protected] 10

11. A criminal defence lawyer may also help to customize a sentence for the defendant that will help to keep them out of future trouble - most often the case in juvenile or family court cases. A good criminal defence lawyer knows the ins and outs of the local court circuit. He or she should know which tactics work for which judges when trying to reduce sentences or even get the case thrown o ut. 11/17/2016 [email protected] 11

12. Role of Judge … 11/17/2016 [email protected] 12

13. Judge … Judges play many roles. They interpret the law, assess the evidence presented, and control how hearings and trials unfold in their courtrooms. Most important of all, judges are impartial decision-makers in the pursuit of justice. We have what is known as an adversarial system of justice - legal cases are contests between opposing sides, which ensures that evidence and legal arguments will be fully and forcefully presented . 11/17/2016 [email protected] 13

14. The judge, however, remains above the fray, providing an independent and impartial assessment of the facts and how the law applies to those facts. Many criminal cases - and almost all civil ones - are heard by a judge sitting without a jury. The judge is the " trier of fact," deciding whether the evidence is credible and which witnesses are telling the truth. 11/17/2016 [email protected] 14

15. Article 22 Article 22 in The Constitution Of India 1949 - 22. Protection against arrest and detention in certain cases No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate 11/17/2016 [email protected] 15

16. Article 39 A 39A. Equal justice and free legal aid. The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.   11/17/2016 [email protected] 16

17. D K Basu Guidelines The Hon’ble Supreme Court, in D.K.Basu Vs State of West Bengal, has laid down specific guidelines required to be followed while making arrests. The principles laid down by the Hon’ble Supreme Court are given here under: The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register The person arrested must be made aware of his right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained 11/17/2016 [email protected] 17

18. The time, place of arrest and venue of custody of an arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the Legal Aid Organization in the District and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest. The person arrested must be made aware of his right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained 11/17/2016 [email protected] 18

19. That the police officer carrying out the arrest shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may be either a member of the family of the arrestee or a respectable person of the locality from where the arrest is made.  It shall also be counter signed by the arrestee and shall contain the time and date of arrest. A person who has been arrested or detained and is being held in custody in a police station or interrogation centre or other lock up, shall be entitled to have one friend or relative or other person known to him or having interest in his welfare being informed, as soon as practicable, that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself such a friend or a relative of the arrestee. 11/17/2016 [email protected] 19

20. Thank you … 11/17/2016 [email protected] 20