- The system that deals with agencies of government that are responsible for enforcing the law in the country, maintaining peace and harmony and treating criminal conduct is known as the criminal justice system. The aim of the criminal justice system is to ensure that every person who suffers an injury or loss at the hand of others is allowed to present his case and seek justice.
- Objectives of a criminal justice system:
- To punish the wrongdoers.
- Prevent the further occurrence of crime in society.
- Regulate the behaviour and conduct of people, especially criminals.
- Provide relief to the victim.
- Treatment of offenders and their rehabilitation.
- To create deterrence in the minds of people at large not to indulge in any criminal activity
TYPES OF CJS
ADVERSARIAL SYSTEM
- In this system, there is a prosecution advocate and a defence advocate who argue before the court, and the case is decided on the basis of principles of evidence law and procedural laws. The judge decides the case on the basis of arguments between the two counsels and evidence shown in court.
- This system presumes the accused to be innocent until proven guilty beyond a reasonable doubt. India follows this system because it was once a colony of the British empire and hence called a common law country. The prosecutor represents the state, as it is presumed that a crime has been committed against the state at large, and so, it is the obligation of the state to provide justice. In this system, both parties are given rights to a fair trial and hearing, and so justice is delayed.
INQUISITORIAL SYSTEM
- This system is followed in civil law countries. In this system, the judge can himself Investigate the matter and decide the case on the basis of investigation and inquiry.
- The counsel from each side is present, but unlike in the adversarial system, there is no cross-examination of witnesses. The decision and its accuracy depend on the prudence and skills of the judge.
- This trial procedure is much faster in this system, and it is not costly. It is less formal, and the determination of justice does not depend on the advocate but on the ability of each particular judge.