The seventeenth-century in colonial days, when the colonists

            The Criminal Justice System was
formed to give society a more suitable solution for crime, and punish them if
they didn’t follow the common laws. There were different forms of punishments
that date back in time, with different types of solutions to crime. With a
diverse society, it is difficult to keep everyone in check, especially when the
society is rapidly growing. This paper will talk about the origin history of
the Criminal Justice System, how it works, the concept of crime, and criminal
behavior’s major theories. The criminal justice system is the focus of the essay;
therefore, the history of it will come first.

            The Criminal Justice System dates
back into the seventeenth-century in colonial days, when the colonists from
Europe brought their laws that were alike the ones from England. The English
common law system was based on rules that helped the community in punishing
criminals. In the British rules, there was two types of crimes that could be
committed, felonies and misdemeanors. Punishment in the colonial days was
shaming the criminals in public. Whipping was the most used punishment, and
execution was less common. Execution was mostly used in murder, rape or
repeated serious offenses (History). Prisons were not very popular as today,
but they did exist and they were used to keep people until their trials began.

            In the British system, they also
used a grand jury, and in that jury, there was members from the colony, that
dealt with higher crimes. Back in those days, there were any lawyers that were
appointed to you if that person wasn’t able to afford the costs of the case.
The defendant was the one that had to pay for all that was due, and he/she had
to talk to the prosecution directly. The victim of the crime was left
responsible for what happened to the case, since there wasn’t any
professionally knowledgeable educated people in the colonial days. As the
colonies grew, there was important jobs assigned to colonists that were
involved in the Criminal Justice System.

            In the colonial period of the
Criminal Justice, there were county sheriffs that had many duties to do. These
duties included taxes, running and supervising elections, and handling any
other legal business in the community (History). They were the ones that looked
up to when it comes to the government in the Law Enforcement. Judges and
magistrates were also very important part of criminal justice in general, but
they were as knowledgeable and educated, like those in today’s days.  The judges were mostly religious or political
figures. They had the same duty as todays judges, which was to bring justice
and order into the colonies. In trials, the judges or magistrates would review
the cases and would then consider if it’s a crime or not. After the
confirmation, there would be an interrogation, in the judge’s house with some
officials for witnesses (History). It’s a very different procedure than the one
in today’s day, since there wasn’t any lawyer involved in those days.

What also played
a big role in the creation of the new laws in the New World, was religion.
Religion was another big origin of the Criminal Justice System, because
religion is based on fairness and punishment for bad behavior. Religion had a
greater impact in Puritan colonies, because their belief was to follow God
rules, those rules were based on the Scriptures. Some of those ideas were
taken, and other colonies incorporated into their systems. They also had very
strict rules regarding breaking them, which was punishments. Since religion is
also based on freedom, religion would be a key influencer in later laws in the
Criminal Justice System (Religion).

            In the Criminal Justice System,
police are responsible for conserving the peace or reduce the amount of damage
as possible in the community. When police come to a scene and there’s already
injured or dead people, their job is to prevent any more casualties. When they
have control of the scene, they are responsible of collecting evidence and
return it to the department for further investigation. Police do not determine
who is guilty or not, they determine who the victims or witnesses are. They
determine who is the suspect, witnesses, and victims by doing an investigative
custody. Police play a big role in the community by serving and protecting them
(Role).

            Court in the other hand hears what
the defendant and prosecution must say about the case. The judge hears the
facts about what happened, and will later determine whether the defendant is
guilty or not guilty. These cases can be from individuals to individuals,
organizations with organizations, it doesn’t matter, they will determine the
final decision. Those verdicts are determined by applying laws with the truth,
and establish justice into cases. After they determine the decision, they
provide a punishment for the defendant, whether its jail time or fines. Courts
protect all persons equally without bias or discrimination of any type
(Purposes).

            The function of corrections are different
types of actions when criminals are put into imprisonment, parole, and
probation. Those actions are put out by government agencies, who supervise the
individual, or punishes them. These individuals are convicted of crimes and
they are typical put into a correctional prison. It’s a form of rehabilitation
for the inmates, to help them change their behavior, and their mindset after
whatever crime they’ve committed. Probation is before jail and parole is used
for early release. Parole and probation are used in inmates who have committed
low end crimes and can be supervised and treated inside the community, without
the community being affected or put in danger. They would be integrated into
the community and then after they are released, the individuals will not have
any problems going back to society. Both parole and probation has regulations
and guidelines that they need to follow, because they still need to spend their
time.

            There are many different types of
crimes that are committed each day, but what does crime really mean? Normative
and legal crime are two types of ways it can be defined. In a legal definition,
crime would be doing something against the law, which in this case it’s the law
of the United States. On the other hand, Normative crime, can be defined as
something that contradicts what norms of behavior in the society would be. In
normative crime, it must do with what is morally right, but the behavior would
lead to imprisonment. Whenever an individual commits a dangerous act or break
the law, it would have a consequence, which would be a legal punishment. If
anybody committed a crime and got off Scott-free, it would still be a crime.

            There are multiple types of theories
concerning Criminal Behavior, but the major theories are biological, psychological,
and sociological. The theories are all similar in the way that they all try to
control the behavior of individuals. These theories are part of the scientific study
called Criminology, and it’s a study that prevents criminal behavior.  By studying the behaviors, the observations can
result into theories of how and why individuals commit crimes. “Causes range
from diet to physical and neurological defects or just being “born bad”” (Biological).

            In a biological theory, there are physical
and genetic aspects that can be caused to commit a crime, and the only way to cure
those is by reducing their hostile behavior. In the biological theory, there are
theories within it that explain the deviant behavior of criminals. The first theory
is from Cesare Lombroso, which states that criminals were born criminals by inherited
genes. The second theory is the Y chromosome theory that is based on an extra chromosome
that is usually found with violent criminals. These theory does add to criminal
behavior, but there are more variables into why individuals commit violent crimes.
Lastly, the William Sheldon theory,