Much is known of the criminal justice system. This is the legal conveyance belt that processes wrongdoing in the name, form and style of criminals and general offenders to receive their ‘just deserts’ as the victims receive due justice. This is the overarching system of avenging wrongs visited upon society hence the bedrock of peace, justice, and order. As said, without justice there can never be peace. But with peace, justice is assured. It is for this reason that the Kenyan national anthem have lines to the effect of ‘… May we dwell in unity, peace and liberty, justice be our shield and defender’
The CJS is based on the rule of law. This in turn is contingent on law and order. The system operates through some distinct processes though well aligned to achieve a common purpose. That’s why it is critical that CJS players operate from a common base and understanding to give a uniform value proposition to citizens yearning for peace, freedom and justice. Such outcomes are key to the mandates of the actors.
And this alignment is all about the ‘system’ – meaning uniformity. From a strategic point of view, it’s called alignment or fit for purpose. That’s the systemic seeing and appreciation of things from the big picture perspective. And this composite picture is how the system should with efficiency and economy offer the best utility and hope to victims of crime and wrongdoing. If that can’t be achieved in good time, lawlessness and disorder takes root and national security jeopardized.
The system commences with a basic complaint from the public or body corporate of any wrongdoing or even perception thereof. So an officer (police) get involved at this stage (and that’s the whole essence of police discretion since this is the most important quasi-judicial decision making that moves the entire system). Alternatively, an officer may take cognisance of a crime based on mere suspicion of even processed intelligence. The DPP also retains the constitutional right of directing for investigations. The bottom line being a probable commission of a crime against either a known or unknown person or entity.
This escalates through the finding stage of crime where an offence is either detected or not. In the former, the system is activated further. In the negative, the matter rests. It’s nonetheless still a sole police decision making.
So a crime is or has been detected. So what? Police professionalism takes over through capable and professional investigation. This calls for DCI and local station investigators capabilities. Evidence is collected and processed to be audited against the criminal law. Towards the tail, DPP comes in the picture for more professionalism in the line of prosecution. Trade offs with investigators also play out at this stage to ensure quality of evidence. If the ‘prosecution test’ is passed, the conveyor belt of the system moves on to the judiciary stage. It’s then a different ball game altogether as other players crowd the arena: courts, defense attorneys, probationists, etc. The matter is then adjudicated criminally by a competent court.
From the foregoing, we have appreciated that a simple action committed by an individual goes through a very laborious ‘systemic’ process. This is the process called the CJS or simply the ‘system’. It is designed to be foolproof, and for a good reason; cheaply emanating from the human rights perspective that finds every person innocent until proven guilty. This is against the model of due process and standard of proof of beyond reasonable doubt. We have checks and balances along and at each stage to ensure compliance to such standards. Sanctions or non compliance are very stiff and include both criminal culpability and civil liability. So once the ‘system’ operates within the rules, then ‘it works’. But when it doesn’t, then it leaks and becomes a ‘non-system’.
So when is the ‘system’ said to be a ‘non-system’.
When it is dysfunctional, and with visible leaks and creaks.
We shall discuss this sometime.
SMARTPolicing 