In the beginning of human civilization, human beings fought with each other for food, sex and existence. Gradually, it developed into “Private vengeance”. Culture and civilisation developed.
“Administration of Criminal Justice” substituted the place of “Private vengeance”. A serious injury to an individual/victim is treated as an injury to the entire society.
Gradually the punishing authority was transferred from individual to the Society and from the society to State. For this purpose, two wings of the State have been created – one police and another, Courts.
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It is one of the fundamental principles of justice system that even though the Courts are the part and parcel of the State; the State should not interfere in the affairs of the Courts, so that the Courts can give impartial judgments and decisions. It was formulated centuries ago, and still now the same system is continued. The Constitution of India also clearly provides the “Independence of Judiciary”.
Purpose of Criminal Justice:
All most all the States enacted the statutes imposing punishments for the wrong-doers. There may be differences in imposing punishments depending upon the circumstances of that country. Prostitution is not a punishable offence in the Western countries.
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It is punishable in India and Islamic countries. Imposing punishment on prostitutes differs from country to country. In India slight punishments are imposed. In the Islamic countries severe punishments are imposed. Homo-sex is a punishable crime in India. In Switzerland, Denmark, etc., the marriages between homos and lesbians are permitted.
Theft, rape, murder, criminal breach of trust, criminal house-trespass, etc., are the offences punishable in all the countries. Jurisprudents, criminologists, sociologists, etc., support the imposition of punishments.
However, each of the groups differs in the procedure how the punishments should be imposed and how the criminals be treated. In conclusion, all agree that there must be punishments for the violators of the law.
The jurisprudents and jurists strongly opine: “Punishment governs all mankind; punishment alone preserves them; punishment awakes while their guards are asleep; the wise consider the punishment E as the perfection of justice.”
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They explain the following reasons and purposes of punishment in the criminal justice system,
1. Peace:
By implementing the punishments, the wrong-doers are prevented to do crimes in their remaining life. Hence peace prevails in the society.
2. Prosperity:
Punishments create apprehension in the minds of the law-abiding citizens, probable offenders, and criminals. They afraid to commit crimes. The crime rate shall be decreased. The people in the society/State can concentrate on agriculture, industry and economy. Thus the people and State prosper in all the fields.
3. Deterrence:
When a criminaloid is punished for the offence committed by him, he afraids to commit any offence in his remaining life. In the same way, when a criminal is punished, other people of the society also afraid to commit offences.
4. Reformation:
Where a criminal is punished and there are chances not recurring his criminal behaviour. Thus it helps to prevent the crimes in the society.
5. Selfishness:
Every man is selfish. To get his selfish desires, he prepares to commit crimes. Jeremy Taylor, the famous Jurisprudent, says: “A herd of wolves is quieter and more at one than so many men, unless they all had one reason in them, or have one power over them.”
The punishments under the criminal justice system prevent such tendencies of criminal behaviour.
The punishments control the men from doing criminal acts.
6. Fear of punishment:
The jurisprudents, penologists, etc., fix the quantum of punishment for each criminal act. The people fear to do criminal acts, which are declared as punishable with the fear of imprisonment and punishment.