CJS

Definision :

Criminal justice is the delivery of justice to those who have committed crimes. The criminal
justice system is a series of government agencies and institutions whose goal is to identify and
catch the law-breakers and to inflict a form of punishment on them. Other goals include the
rehabilitation of offenders, preventing other crimes, and moral support for victims. The primary
institutions of the criminal justice system are the police, prosecution and defense lawyers, the
courts and prisons.

The criminal justice system is the set of agencies and processes established by governments to
control crime and impose penalties on those who violate laws. There is no single criminal justice
system in the United States but rather many similar, individual systems. How the criminal justice
system works in each area depends on the jurisdiction that is in charge: city, county, state,
federal or tribal government or military installation. Different jurisdictions have different laws,
agencies, and ways of managing criminal justice processes.1 The main systems are:

a. State: State criminal justice systems handle crimes committed within their state
boundaries.
b. Federal: The federal criminal justice system handles crimes committed on federal
property or in more than one state.

The criminal justice system consists of three main parts:

- Law enforcement agencies, usually the police

- Courts and accompanying prosecution and defence lawyers
- Agencies for detaining and supervising offenders, such as prisons and probation agencies.

In the criminal justice system, these distinct agencies operate together as the principal means of
maintaining the rule of law within society.

System Components

Most criminal justice systems have five components-law enforcement, prosecution, defense
attorneys, courts, and corrections, each playing a key role in the criminal justice process.
a. Law Enforcement: Law enforcement officers take reports for crimes that happen in their
areas. Officers investigate crimes and gather and protect evidence. Law enforcement
officers may arrest offenders, give testimony during the court process, and conduct
follow-up investigations if needed.
b. Prosecution: Prosecutors are lawyers who represent the state or federal government (not
the victim) throughout the court process-from the first appearance of the accused in court
until the accused is acquitted or sentenced. Prosecutors review the evidence brought to
them by law enforcement to decide whether to file charges or drop the case. Prosecutors
present evidence in court, question witnesses, and decide (at any point after charges have
been filed) whether to negotiate plea bargains with defendants. They have great
discretion, or freedom, to make choices about how to prosecute the case. Victims may
contact the prosecutor's office to find out which prosecutor is in charge of their case, to
inform the prosecutor if the defense attorney has contacted the victim2, and to seek other
information about the case.
c. Defense Attorneys: Defense attorneys defend the accused against the government's case.
They are ether hired by the defendant or (for defendants who cannot afford an attorney)
they are assigned by the court. While the prosecutor represents the state, the defense
attorney represents the defendant.
d. Courts: Courts are run by judges, whose role is to make sure the law is followed and
oversee what happens in court. They decide whether to release offenders before the trial.
Judges accept or reject plea agreements, oversee trials, and sentence convicted offenders.
e. Corrections: Correction officers supervise convicted offenders when they are in jail, in
prison, or in the community on probation or parole. In some communities, corrections
officers prepare pre-sentencing reports with extensive background information about the
offender to help judges decide sentences. The job of corrections officers is to make sure
the facilities that hold offenders are secure and safe. They oversee the day-to-day custody
of inmates. They also oversee the release processes for inmates and sometimes notify
victims of changes in the offender's status.
How the Criminal Justice Process Works

Below is a basic outline of the sequence of events in the criminal justice process, beginning
when the crime is reported or observed. The process may vary according to the jurisdiction, the
seriousness of the crime (felony or misdemeanor),3 whether the accused is a juvenile or an adult,
and other factors. Not every case will include all these steps, and not all cases directly follow this
sequence. Many crimes are never prosecuted because they are not reported, because no suspects
can be identified, or because the available evidence is not adequate for the prosecutor to build a
case.

Entry into the System

a. Report: Law enforcement officers receive the crime report from victims, witnesses, or other
parties (or witness the crime themselves and make a report).
b. Investigation: Law enforcement investigates the crime. Officers try to identify a suspect and
find enough evidence to arrest the suspect they think may be responsible.
c. Arrest or Citation: If they find a suspect and enough evidence, officers may arrest the
suspect or issue a citation for the suspect to appear in court at a specific time. This decision
depends on the nature of the crime and other factors. If officers do not find a suspect and
enough evidence, the case remains open.

Prosecution and Pretrial

a. Charges: The prosecutor considers the evidence assembled by the police and decides
whether to file written charges (or a complaint) or release the accused without
prosecution.
b. First Court Appearance: If the prosecutor decides to file formal charges, the accused will
appear in court to be informed of the charges and of his or her rights. The judge decides
whether there is enough evidence to hold the accused or release him or her. If the
defendant does not have an attorney, the court may appoint one or begin the process of
assigning a public defender to represent the defendant.
c. Bail or Bond: At the first court appearance (or at any other point in the process-
depending on the jurisdiction) the judge may decide to hold the accused in jail or release
him or her on bail, bond, or on his or her"own Recognizance" (OR)," (OR means the
 defendant promises to return to court for any required proceedings and the judge does not
impose bail because the defendant appears not to be a flight risk). To be released on bail,
defendants have to hand over cash or other valuables (such as property deeds) to the court
as security to guarantee that the defendant will appear at the trial. Defendants may pay
bail with cash or bond (an amount put up by a bail bondsman who collects a non-
refundable fee from the defendant to pay the bail). The judge will also consider such
factors as drug use, residence, employment, and family ties in deciding whether to hold
or release the defendant.
d. Grand Jury or Preliminary Hearing: In about one-half of the states, defendants have the
right to have their cases heard by a grand jury, which means that a jury of citizens must
hear the evidence presented by the prosecutor and decide whether there is enough
evidence to indict the accused of the crime. If the grand jury decides there is enough
evidence, the grand jury submits to the court an indictment, or written statement of the
facts of the offense charged against the accused. In other cases, the accused may have to
appear at a preliminary hearing in court, where the judge may hear evidence and the
defendant is formally indicted or released.
e. Arraignment: The defendant is brought before the judge to be informed of the charges
and his or her rights. The defendant pleads guilty, not guilty, or no contest (accepts the
penalty without admitting guilt). If the defendant pleads guilty or no contest, no trial is
held, and offender is sentenced then or later. If the defendant pleads not guilty, a date is
set for the trial. If a plea agreement is negotiated, no trial is held.

Adjudication (Trial Process)

a. Plea Agreements: The majority of cases are resolved by plea agreements rather than trials. A
plea agreement means that the defendant has agreed to plead guilty to one or more of the
charges in exchange for one of the following: dismissal of one or more changes, a lesser
degree of the charged offense, a recommendation for a lenient sentence, not recommending
the maximum sentence, or making no recommendation. The law does not require
prosecutors to inform victims about plea agreements or seek their approval.
b. Trial: Trials are held before a judge (bench trial) or judge and jury (jury trial), depending on
the seriousness of the crime and other factors. The prosecutor and defense attorney present
evidence and question witnesses. The judge or jury finds the defendant guilty or not guilty
on the original charges or lesser charges. Defendants found not guilty are usually released. If
the verdict is guilty, the judge will set a date for sentencing.

Post-Trial

a. Sentencing: Victims are allowed to prepare for the judge (and perhaps to read at the
sentencing hearing) a victim impact statement that explains how the crime affected them. In
deciding on a sentence, the judge has a range of choices, depending on the crime. These
choices include restitution (paying the victim for costs related to the crime), fines (paid to the
court), probation, jail or prison, or the death penalty. In some cases, the defendant appeals the
case, seeking either a new trial or to overturn or change the sentence.
b. Probation or Parole: A judge may suspend a jail or prison sentence and instead place the
offender on probation, usually under supervision in the community. Offenders who have
served part of their sentences in jail or prison may-under certain conditions-be released on
parole, under the supervision of the corrections system or the court. Offenders who violate
the conditions of their probation or parole can be sent to jail or prison.

How Does Criminal Justice Work?

The three pieces of the criminal justice work sequentially. For example, once a crime has been
committed, law enforcement investigates. Once a suspect is apprehended, the courts take over.
Although police and detectives may offer testimony in a trial, it is really the courts show until a
verdict is reached. Then, if the accused is found guilty they are sentenced, and turned over to
corrections. After release, law enforcement then works in conjunction with a parole officer if
further attention is needed.

How is criminal justice related to criminology?

If criminal justice is the system through which crimes and criminals are processed then
criminology can be seen as the study of the causes, costs and consequences of the crimes they
commit. While the two disciplines work closely together, people who study criminal justice work
on processing crimes and criminals while those who study criminology focus on the anatomy of
the crime itself.

The first contact a defendant has with the criminal justice system is usually with the police (or
law enforcement) who investigate the suspected wrongdoing and make an arrest, but if the
suspect is dangerous to the whole nation, a national level law enforcement agency is called in.
When warranted, law enforcement agencies or police officers are empowered to use force and
other forms of legal coercion and means to effect public and social order.

The laws upon which the criminal justice system operates can also be grouped into two
main bodies: laws that prohibit specific crimes (criminal statutes), and laws that create the
process by which the criminal justice system must operate. These process or procedural
laws protect the rights of the people and ensure that the state can protect the interests of
justice.

For example, under the Fourth Amendment of the United States Constitution, the people are
guaranteed the right to be free from unreasonable searches and seizures. The Fourth Amendment
does not create a criminal statute in that it does not identify a crime and a punishment, but rather,
imposes restrictions on what the state is or is not allowed to do in the criminal justice process –
namely, it may not engage in unreasonable searches or seizures.

Both sets of laws are at work simultaneously in any criminal case. Criminal laws tend to be
specific and focused, while procedural laws, though they can be just as specific, can also be
harder to define.

SO..

The criminal justice process goes on every day without interruption. Every part of that process,
from investigation to trials to appeals, operates under the requirements of numerous laws, court
decisions, procedural requirements, and local rules. When you are facing a charge, understanding
what part of the system you are currently in, what laws apply to you, what your options are, and
what you should and should not do can be almost impossible to determine on your own.

The risks you face as a criminal defendant can be higher than any other you face in your lifetime.
Not only are the consequences of being found guilty of a crime potentially life-altering, but even
the most minimal participation in the criminal justice process can be stressful and have
permanent repercussions. Any time you have questions about criminal laws or believe you need
legal advice, your best option is always to speak to an experienced criminal defense attorney.
Failing to do so can be a significant mistake, and one you could regret for the rest of your life.

In this section, you will learn mostly about how the criminal process works in the federal system.
Each state has its own court system and set of rules for handling criminal cases. Here are a few
examples of differences between the state and federal criminal processes:

1. Titles of people involved – State cases are brought by prosecutors or district attorneys;
federal cases are brought by United States Attorneys. State court trial judges have a range
of titles, but federal judges are called district court judges.
2. Federal magistrate judges are used in federal cases to hear initial matters (such as pre-trial
motions), but they do not usually decide cases.
3. The use of grand juries to charge defendants is not required by all states, but it is a
requirement in federal felony cases unless the defendant waives the grand jury
indictment.
4. States and the federal government have laws making certain acts illegal, and each
jurisdiction is responsible for setting punishments for committing those crimes. A state
may punish a certain crime more harshly than the federal government (or vice versa), but
a defendant can be charged and convicted under both systems.

The federal rules for criminal cases can be found in the Federal Rules of Criminal Procedure,
which govern all aspects of criminal trials. Each state has its own similar rules.

The steps you will find here are not exhaustive. Some cases will be much simpler, and
others will include many more steps. Please be sure to consult an attorney to better
understand how (or if) the information presented here applies to your case.

Important steps in the federal criminal process:

- Investigation
- Charging
- Initial Hearing/Arraignment
- Discovery
- Plea Bargaining
- Preliminary Hearing
- Pre-Trial Motions
- Trial
- Post-Trial Motions
- Sentencing
- Appeal

What Happen when no JCS ?

'The purpose of the Criminal Justice System... is to deliver justice for all, by convicting and
punishing the guilty and helping them to stop offending, while protecting the innocent. When in
this world no CJS, we cant deliver an efficient, effective, accountable and fair the justice process
for the public. Without JCS, we can’t control the crime and howto process it fairly and there will
a lot of problem happen when no JCS, there’s no direction for the people in society and
government to take and handle all over the cases about criminal in the society.

CJS In USA

The United States criminal justice system is not represented by a single, all-encompassing
institution. Rather, it is a network of criminal justice systems at the federal, state, and special
jurisdictional levels like military courts and territorial courts. Criminal laws at these levels vary,
although these are all based on the US Constitution.

The federal criminal justice system handles cases that are national in scope: treason, espionage,
assassination of top-level government officials, among others. Meanwhile, state criminal justice
systems handle crimes that have taken place or, in certain situations, have evident involvement in
the state. The same process goes for the criminal justice systems within special jurisdictions

Components of the Criminal Justice System

As with any mechanism, the criminal justice system involves the coordinated functioning of its
distinct parts. The ideal result is making offenders pay for, and repent, their criminal acts while
delivering recompense to the victims. The three components of the criminal justice system are:
Law Enforcement

The wheels of law enforcement start grinding when a crime is detected. Detection takes place
when the concerned law enforcement body (police force or specialized agency) receive a report
from the victim or a witness, or catch the crime perpetrator. Thereafter, the law enforcers verify
the information furnished and proceed with the investigation.

Law enforcement duties include: arresting suspected offenders, gathering and preserving
evidence, establishing the motive, and completing police/arrest reports by stating results of the
investigation. Responsibilities include: upholding the rights of offenders, victims, and witnesses;
and conducting police procedures within rules prescribed by law.

At the federal level, there is a law enforcement body designated to cover particular areas of
criminal law. One example would be the US Department of Homeland Security, which addresses
the problem on human trafficking. Another would be the US Department of Justice (DOJ), which
is made up of agencies like the FBI that has police powers over crimes of significant nationwide
impact like terrorist acts.

Meanwhile, state and other local-government police organizations vary in structure, as well as in
names. However, the mission is the same as the others': to enforce laws, maintain peace and
order in the communities they serve, and provide their constituencies safety and security.

Adjudication

The adjudication of a criminal case involves court processes. In plain terms, adjudication refers
to the legal process by which a judgment is pronounced by the court to the parties in a case. As
with the law enforcement component of the criminal justice system, the courts are organized at
federal, state, and special-jurisdiction levels.

Pretrial services- The adjudication process starts when the law enforcement body has submitted
the police/arrest report to the prosecutor. The prosecutor, in turn, determines whether or not the
incident will prosper into a criminal case, in which the suspected offender will be charged with
the crime. It is not uncommon for the prosecutor to drop or dismiss charges altogether, for
reasons that include: lack of evidence and weak police investigation. It is the prosecutor that
takes the side of the victim and, accordingly, the state (society or community), which the crime
has also affected.

Arraignment- If the prosecutor decides to press charges against a suspected offender, the
adjudication process advances to arraignment. During arraignment, the suspect is read the
charge/s filed against him or her. With the aid of a legal counsel, the suspect (now a defendant)
enters a plea of either guilty or not guilty.

Trial- The arraignment progresses into trial to determine the guilt of the suspect (if the not-guilty
plea was not entered). In the event of a guilty verdict, the offender is convicted and the court will
determine the sentence.

A trial is characterized by an argument that has two sides: the prosecution and the defense. On
the one hand, the prosecution represents the interests of the victim and , in effect, the society (or
state) that the offender is suspected to have violated. On the other, the defense asserts the
innocence of the offender and labors to get the offender acquitted.

A trial often results in an appeal, in which the disadvantaged side (prosecution or defense) will
try to shift the advantage. In this instance, the case is elevated in a higher court, which either
upholds or overturns the earlier decision.

Sentencing- A court conviction corresponds to a sentence, which is the penalty imposed on the
offender who has been found guilty as a result of the preceding trial. The sentence is meted out
by the judge, who follows prescribed guidelines, standards, and limitations in punishing convicts.

Death Penalty- Generally, United States laws permit the death penalty for convicts who have
committed heinous crimes, although the practice of capital punishment is on a case-by-case
basis.

In principle, the Federal Death Penalty Act of 1988 sentences to death all offenders convicted of
homicide. But in practice, capital punishment is more an exception than the rule. For example,
most of the convicted terrorists on death row have yet to be meted out their sentences.
Corrections

The third component of the criminal justice system is corrections. While it implies reform and
rehabilitation, corrections encompasses all sentenced offenders, including those who are on death
row.

Federal and state criminal justice systems hold “corrections” as the replacement for “penology”
that many find harsh and unforgiving. In any case, the corrections component manages
incarcerated convicts and those who are conditionally released, as well as those who are merely
slapped with punishments that do not require imprisonment but who need supervision anyway.

The corrections network includes publicly run and privately operated institutions, along with the
personnel and other stakeholders, and its administration must adhere to lawful standards. The
process involves reform and rehabilitation programs to prepare eligible convicts for reentry and
reintegration into society as free individuals.

CJS IN INDONESIA

The nation’s criminal jurisprudence and its institutions of criminal justice derive from
Indonesia’s experience as an independent state and from the Dutch colonial heritage. Dutch-
based criminal law is one of three systems of law in operation in the nation since the nineteenth
century, the other two being a system of European-derived commercial codes and civil law based
on customary law (adat), which includes Islamic law or sharia. Criminal law is the only one of
these three systems that is essentially codified and applied uniformly throughout the national
territory. Criminal justice is administered through a system that includes a hierarchy of trial and
appellate courts with the Supreme Court at the top of the pyramid; a prosecutorial arm of the
national government; and an independent bar. Indonesians and outside observers have long
considered the criminal justice system one of the most corrupt branches of the Indonesian
government. [Source: Library of Congress *]
Several factors limit the use of formal legal channels in dealing with activity defined as
criminal. Owing in large part to a general shortage of trained legal personnel, the infrastructure
of the criminal justice system is more extensive in urban locales and in Java than in rural or
remote areas. In any case, the system’s procedures often do not apply to military, security, and
intelligence organizations, which in practice sometimes deal with both political and ordinary
crime. Indonesians do not always resort to the formal legal system to resolve their conflicts,
however, because many do not share Western views regarding the nature of individual rights and
the efficacy of law and procedural justice but prefer to settle disputes by arbitration or
accommodation. Retribution and revenge, moreover, are still common ways of settling disputes,
especially away from the big cities and towns. *

In rural areas, many conflicts, including some (mostly minor) criminal cases, are settled by
village chiefs. Complaints often go unfiled with authorities, even in villages and cities, and cases
frequently settle out of court in order to save time and money or to avoid attracting public or
official attention. In criminal cases, such settlements typically entail accommodation between the
accused and the police or prosecutors, whose roles in the criminal justice system are generally
more critical than those of courts or judges. Wealth and status are apt to be important factors in
the outcome. *

Certain categories of crime are handled under special statutes outside the penal code under
Indonesian law. After the fall of Suharto, offenses such as bribery, the assessment of pungli (a
contraction of pungutan liar—illegal levies), and the diversion of public funds for private use by
business figures or officials were grouped in a special class of crimes under the jurisdiction of
anticorruption courts and the Commission to Investigate Public Officials’ Wealth. The transition
to democracy also included abolition of an internal subversion act that had been used to jail
critics of the Suharto government.

Administration of Criminal Justice in Indonesia

The prosecutorial function rests with the attorney general, who holds the position of supreme
public prosecutor. The president sometimes grants the attorney general cabinet-level status, and
the attorney general has direct access to the president. The Attorney General’s Office is separate
from the Department of Justice and Human Rights. The public prosecutor’s principal functions
are to examine charges of felonious conduct or misdemeanors brought by individuals or other
parties, and then either to dismiss a charge or refer it for trial to the state court having
jurisdiction. The prosecutor’s office is also responsible for presenting the case against the
accused in court and for executing the sentence of the court.

The Code of Criminal Procedures of 1981 made a clear division between the investigation
function, solely the preserve of the police, and the prosecution function, which remained with the
prosecutor’s office. The only exception was in the case of “special crimes,” a category that was
not further defined but that was believed to be reserved for unusually sensitive cases such as
espionage and subversion, in which the prosecutor could also take an investigatory role.
Continuing tension between the prosecutor and the police was evident during debate over a new
prosecution service law in 1991. The law as passed gave the attorney general the power to
conduct limited investigations in cases that were determined to be incomplete. The 1991 law also
established deputy and associate attorney general positions responsible for civil cases and
administrative affairs.

The court system has four branches: general courts, religious courts, military courts, and
administrative courts. All criminal cases are tried in the general courts. The Code of Criminal
Procedures set forth rules to determine the court in which a case must be tried, should military
and general court jurisdiction combine or overlap. In 2004 the armed forces accepted Supreme
Court jurisdiction over the military court system, and in 2007 the DPR introduced legislation
stipulating that all crimes committed by military personnel outside of operational military duties
will be prosecuted in the civil court system. The TNI has opposed this new law by claiming that
the civilian court system neither understands the military justice system nor is capable of taking
over responsibility for prosecution of military personnel accused of nonmilitary crimes. Service
members remain subject solely to the military legal system for all crimes allegedly committed
while in the pursuit of military duties.