Essay on Criminal Justice System

Resource Description

Question: To what extent are courts the only means of achieving justice within the criminal justice system

Intro: Underpinned by common law and the adversarial system, the Australian court system has proved to be both reliable and dependable within the criminal justice system as a means of achieving justice. However, due to changing social values, alternatives to court have also emerged over time, providing an effective substitute to the courts system to better facilitate for rehabilitative services. Over time, courts have developed issues of enforcement and equality, which have affected their ability to continue to achieve justice for all stakeholders. Binding legalisation such as the Evidence Act 1995 (NSW) and the Criminal Procedures Act 1986 (NSW) have remained as elements that provide greater justice within the courts, though the administration of legal aid has proved to be extremely effective for most financially disadvantaged accused offenders. However, alternative measures such as the; the measures under the Young Offenders Act 1997, restorative justice, and circle sentencing have proved to be largely more effective in reducing recidivism rates, whilst also demonstrating resource efficiency and characteristics of rehabilitation and deterrence. Courts to an extent, are merely the predominant means of achieving justice within the criminal justice system, although other techniques, which are less commonly used, have proven to be more effective.