Posted: October 31st, 2022

History of the Criminal Justice System

History of the Criminal Justice System
The criminal justice system of the United States was developed in the colonial era when the states were under the British laws and rules. The 17th-century colonists made use of the common law system that comprised of rules used in solving problems that arose in society. Instead of lawmaking codes, the common law was based on decisions that had been previously made in similar situations. The legal process was majorly comprised of felonies and it included a grand jury that was made of members of the community. The grand jury whose members were elected made decisions on whether the evidence provided was enough to prosecute the defendant. The defendant was responsible for the entire criminal proceeding where he or she was to instigate the prosecution and also provide financial resources for the case. Religion played a significant role in influencing the law and determining decisions that were made. The American Revolution gave birth to the U.S constitution which gave the citizens’ rights and freedoms that they were not accustomed to during the colonial period.
The criminal justice system has since the ancient times been made up of three branches which include: the police, the courts, and the correctional system. In the colonial period, the term police was relatively unfamiliar and was developed by French legal scholars and practitioners. Policing was informal and communal where volunteers worked as watchmen to warn people of danger. The police force was exclusively responsible for maintaining order and making arrests to criminals. The police were also responsible for empowering the populations and taking care of demographic concerns. They were responsible for both the economic and social abundance in the community. Generally, the police played the role of public health officers, urban planning, and surveillance. However, after the American revolution in 1838, change began to occur which resulted in the creation of the New York Police Department in 1845. The police today are responsible for enforcing the law and public order at all the levels, the federal, the state, and community level. Those serving at the federal level respond to government agencies such as the Federal Bureau of Investigations, and the Department of Homeland Security. The federal officers are limited to issues within the federal government powers. The federal officers are also responsible for making investigations on suspects accused of illegal firearms trading. The officers at the state level have the power to enforce laws across the states which also includes the regulation of traffic on the highways. County police officers respond to emergency calls, work at the local jails, and make patrols within the towns and counties they serve. The jurisdiction of the country level police is limited to the county they are deployed to.
In history, the colonial courts were similar to those of England. They were available to every member of the society because they were a major way that conflicts and tension would be resolved. The county government’s executive, legislature, and judicial branches were a responsibility of the courts. Judges were responsible for deciding whether the evidence presented was enough to accuse of a crime. The magistrate was responsible for questioning the accused if found guilty where the interrogation took place in the magistrate’s house. The were no defense attorneys during the trial. Witnesses were against the defendant. A district attorney appointed by the governor assigned to handle the prosecution and the position rose to become very significant in the political arena within the county government. There were merely no defense attorneys. Today the court system makes decisions regarding crime based on the law. the three-level courts deal with the matter within their jurisdiction which mean that federal courts comprised of the supreme court handle federal matters. Some of the federal issues handled include government lawsuits, and military justice among others. Judges of the supreme court are elected by the president, only under the consent of the Congress. Courts at the state level comprise of trial courts, state supreme courts, and the appellate courts. The jury determines the guilt while the judge determines the penalty which means that the two parties have to be present in a trial court. Unlike in the past, today a defendant has a right to a defense attorney.
Lastly, the other element of the criminal justice system was the correctional centers. In the past, prisons did not serve as the major systems of correction as they were used for people awaiting trial. Imprisonment was however uncommon during the colonial period since the colonialists viewed the people as labor. Prions became popular in the late 19th century when the federal government took up the responsibility of law enforcement which had been previously left to the local and state government. In 1870, the department of justice was formed to perform law enforcement duties for the federal government. New facilities were constructed to accommodate the offenders in federal prisons. Today, jails are used to hold people who await trial while prisons are for people who are serving sentences that are longer than a year.
Conclusion
Today the criminal justice system serves to rehabilitate criminals and make them more resourceful in the future. it also protects the public by maintaining safety through detaining the offenders. The criminal justice system today serves under the constitution to ensure that the defendants’ rights are protected since they are still citizens of the United States of America. The police, the courts, and the correctional centers work hand in and to ensure that the public is safe and that justice is served.