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A Problem with the Criminal Justice System?

Nahida is a BA Criminology graduate of 2017. Her dissertation, ‘On Degradation and Shaming’ explored the problems noted in this post. 

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Throughout studying for a Criminology degree, we are lectured upon the causation of crime, and how there is no, one single cause. However, it is interesting to see how the stereotypes that were once instilled inside us, are no longer a part of our daily voice of reason. We begin to question the very organisation, many of us want to become a part of; that being the criminal justice system itself. We come to realise, that the system, as most things is flawed.

It is public knowledge that the criminal justice system is full to the brim with defendants, offenders, victims and the innocent; amongst many other people. Therefore, as a result of these massive caseloads, the whole process from a crime being reported, to the guilty being sentenced, can become similar to a factory-line; making the procedure very impersonal. Justice can often be delayed and denied. This has a huge impact on all the parties involved; including the ones accused of a crime i.e. the defendants.

Throughout the whole process, defendants can often feel as though they are being discriminated against. It has been found that the criminal justice system, particularly the courtrooms create distance between society and the defendant. Courtrooms in England and Wales are set up in a manner in which the defendants are removed, and made to stand out of the ordinary. They are often placed in their own cage of sorts, and told to not speak, unless spoken to. This can leave defendants, who are potentially innocent, feel degraded and shamed. Courtrooms can often leave defendants without a voice, prohibiting them to feel, or even express remorse. Disallowing an offender to express remorse, can be detrimental to their rehabilitation; and even the victim’s lives. We, as a society, can have hope for criminal rehabilitation, but the way in which our justice system is set up, can hinder that very process.

Through observations made at the local crown court, it has been found that judges tend to not address the causation of the supposed crime. It is understood that people do not commit crime in a vacuum. Something has to lead them to it. Therefore, not allowing one to truly comprehend what has caused the alleged crime in the first place, can be argued as problematic, for the root issue cannot be solved, if it is not identified in the first place. This could be argued as one of the many reasons why there still remains to be a high reoffending rate. To stop reoffending, one must address the causation. However, it can be found that many parts of our criminal justice system does not perform such investigations. Therefore, how can we expect the system to achieve its aim of reducing crime, when it is potentially causing further criminality, without even intending to?

 

 

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