This paper discusses the positive elements and the negative elements in criminal justice seminar lead discussions. It further discusses the various ways of curbing the negative elements that hard work. The research focuses on common challenges facing the criminal justice systems of participating states and shares the solution and experience from their jurisdiction.
During the seminar, one of the things found to work was the importance of the institutional relationship in ensuring human rights and the fairness of the criminal proceeding. The seminar examined the interaction between the different parts of the criminal justice system corresponding to the four key criminal justice institutions: the prosecutor, police, defence law, and the judiciary (Fletcher, 1998). It was established that each working group considered issues related to the functions of that particular institution but did so in the context of the entire system. Another positive element that was identified as the co-operation and exchange of best practises between the participating States, which is essential in preventing erosion of fair trial standard, and promoting appropriate institutional and legislative reforms (Fletcher, 1998). Negative element identified in the seminar discussion was the assumption of powers that should belong to the judiciary by prosecutors (Cohen, 2011). Some countries still allow prosecutors rather than the judge to authorize arrest and detention. Solution on how to solve the problem is to allow procuracy to focus on their main duty. The equality of arms between the defence lawyers and the prosecution should be protected too.
The position taken on this research is that criminal justice influences all layers of society. Hence, it is essential for any institutional reform to consider the impact on the entire criminal justice system. There is also great importance in upholding the rule of law for all actors in the criminal justice system (Cohen, 2011). This is well supported by the research where judicial proceedings are open to the public including the value of civil society in the monitoring of court proceedings. Accurate trial records are seen to facilitate the work of all parties to a criminal proceeding.
In conclusion, the criminal justice system is essential to all sectors of society. Therefore as part of the recommendation for the judiciary sector, specialized training of newly appointed judges should be organised (Fletcher, 1998). As for police reforms, there should be a strong safeguard to ensure police do not abuse their power. Prosecution the other hand should be well monitored, to ensure the independence of the prosecution from political control.
Cohen, P. (2011). Genetic Basis for Crime. New York.
Fletcher, G. P. (1998). Basic Concepts of Criminal Law. Oxford University Press
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