Criminal Justice System Introduction

Criminal Law

  • Criminal law involves the state punishing individuals for crimes.

  • Examples include theft, murder, assault, and reckless driving.

  • In New Zealand, criminal law is codified in statutes like the Crimes Act 1961.

Criminal Justice System (CJS)

  • The CJS comprises institutions and processes involved in criminal law matters.

  • Key components: NZ Police, Courts (District and High Court), Crown Law, Defence lawyers, Oranga Tamariki, Serious Fraud Office, Department of Corrections.

  • Typical process: crime, police investigation, arrest/summons, plea (guilty/ innocent), trial/sentencing.

Discretion in the CJS

  • Most crimes do not lead to conviction due to discretion at various stages.

  • Discretion is exercised by police, judges, lawyers, and juries, guided by laws and policies.

  • Police functions include keeping the peace, maintaining safety, and law enforcement.

  • Sentencing involves considering aggravating and mitigating factors.

  • Juries decide questions of fact in criminal trials (for offenses with sentences of 2+ years).

  • Jury verdicts require 11:1 agreement after 4 hours of deliberation.

Principles and Purposes of the CJS

  • The Rule of Law is fundamental, ensuring powers are based on legal authority and safeguarding against abuse.

  • Sentencing Act 2002 outlines purposes such as accountability, promoting responsibility, victim interests, reparation, denunciation, deterrence, community protection, and rehabilitation.