Wednesday, November 20, 2019

Honesty versus Justice and Due Process versus Crime Control Essay

Honesty versus Justice and Due Process versus Crime Control - Essay Example According to the classic definition of Justice each person should get his or her due. Aristotle more than two thousand years ago defined that "equals should be treated equally and unequals unequally." This fundamental principle has been followed by many nations while developing the laws for their country and countrymen. Our legal system is based on a system of justice. The whole lot from Police to Judiciary and legislature that enacts the laws play a part in the legal system; in fact all have their roles defined in the criminal justice system. As far as honesty is concerned it has been often alleged that it has taken the worst beating within the criminal justice system and judiciary while dispensing justice gives more importance to technicalities than sometimes the truth that though is quite apparent but has no witness to falsify the opposition's claim. This debate has continued for centuries on the trot. It doesn't mean that the system is there for the corrupt and the dishonest. When the leading functionaries within the criminal justice system like the Judges, Police officials are inducted they take an oath to uphold the integrity of their office with all honesty. There are sometimes a few among the flock who bring a bad name to the whole system by manipulating the system to satisfy their narrow e nds, they should be dealt with sternly when their conduct comes to light. The other pillars of the criminal justice system have a role to play. For example it is true that Police can be misused by lodging a false complaint against someone, but if the cops are honest to their duty then there are inbuilt procedures within the system to be followed during the investigation process that can make clear at the first stage itself if the offence alleged is true or not without committing the case to the court. Here at this stage itself sometimes the Investigating officer by being careless and negligent during investigation can book the innocent victim, who later might be honorably acquitted by the court but in the process undergoes a lot of harassment, shaking his faith in the whole system and starts to think that the system is corrupt. The same can be said about the judiciary that follows the rule quite diligently that an innocent must not be punished. Sometimes some overzealous lawyers in order benefit their client's interests manipulate the truth or facts on record to suit their end. But it can be said that lawyers are professionals and they have a work to do. It is their duty to put the facts before the court in the best way possible and then for the court to dispense justice. Generally Lawyers cannot be expected to turn the apostle of peace, honesty and justice when they see there are many loopholes in the prosecution case and they exploit those to the hilt. Technically it can be called dishonesty but as discussed above that it is their job to protect the interests of their client in the best possible manner. Here the burden of upholding the truth is more on the judges and to bring the rules and procedures within the system to their best use so that the truth, honor and honesty is not a victim within the criminal justice system. Within the Criminal justice system and private security 'due process' and 'Crime Control' are given a lot of importance. According to the 'Random House Dictionary

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.