State institutions and actors PDF

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State institutions and actors, criminal justice...

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The American Criminal Justice System.

State institutions and actors Although it is important to focus on the unique nature of each post-conflict setting, many of the same kinds of actors and institutions are likely to be present in most situations. The following list is not exhaustive but it does describe the State institutions and actors most commonly encountered. It is divided as follows: criminal justice delivery; criminal justice management; criminal justice oversight; lawmaking and law reform bodies; legal education institutions; inter-agency cooperation mechanisms; and other relevant institutions and actors. •

Criminal justice delivery Police.

In almost all countries, a police force is the chief front line law enforcement agency, charged with preventing crime, conducting the initial investigation of any crime committed, and upholding public order. The term “police” can encompass a wide range of law

enforcement officials, some of whom may be specialized, such as border and customs police. Policing in post-conflict environments. In some countries, policing duties may also be unofficially carried out by non-State actors such as vigilante groups or neighbourhood watch groups. Non-State may also have “police” working with them. Courts. Courts encompass judges, court administration staff (including court clerks), and other court personnel. Judges may include investigating judges, who have the responsible for leading a criminal investigation in some countries. Court structures may vary greatly depending on the legal system in place. In some systems, courts are specialized (e.g., criminal courts, administrative courts) and each type of court has its own supreme court. In other systems, courts deal with multiple areas of law, and just one supreme court pre sides over the entire court structure. Many systems have not only a supreme court but also a constitutional court. In some countries, special courts are established with limited juris diction, such as jurisdiction over organized crime or war crimes. Lower-level State courts (e.g., local courts) in some countries have a relationship to the non-State/customary jus tice system. This is discussed further. Prosecution service. The role played by the prosecution service varies substantially from one country —and one legal tradition—to another. In some countries, prosecutors have the authority to

assemble and present a complete criminal case, whereas in others they are limited to supervising police work. Prosecutors may be under the direction of an investi gating judge, and they invariably have a relationship with the police. Advisors, in mapping the criminal justice actors, should determine the exact relationship, role, and powers of the prosecution service in the specific post-conflict setting. Detention and prisons. Suspects and accused persons who are awaiting trial or who are detained pending trial are kept in police detention or jail; convicted persons are held in prison facilities. A clean divide between detention facilities and prison facilities, however, is not often found in a post-conflict State. When mapping the detention and prisons actors, advisors might also bear in mind that individuals may be held in non-State detention facilities (e.g., in facilities run by the customary justice system or by former rebels to the conflict). deals with detention and prisons in greater detail. Lawyers. Lawyers are governed by their State’s law as regards rule of law practice and professional accountability. Some countries require that lawyers take a test and become part of a bar or lawyers’ association. Some of these associations have professional stand ards and a system of accountability, discipline, and removal. Others do not, and any mis conduct by a lawyer must be handled within the justice system. Criminal defence. Criminal defence encompasses both criminal defence lawyers hired by accused parties and mechanisms that provide legal aid to individuals who cannot afford it. Many different kinds of mechanisms may deliver criminal defence. In some States, this role is

left to the private bar, lawyers’ associations or NGOs, which might take on a legal aid capacity and be funded by donors or the State. In others, a State-funded legal aid system exists. This system may have a dedicated service with an office that has the same resources as the prosecutor’s office. A paralegal aid system may also exist. Any combination of these systems might operate in a post-conflict State. Criminal justice management. The justice sector is managed by one or more ministries or government departments. The main ministries that relate to criminal justice are the ministry of justice and the ministry of the interior (sometimes called the ministry of home affairs). The ministry of justice is often the primary source of legislative and regulatory initiatives in the criminal justice arena, and it may have a supervisory role and/or budget control over certain criminal justice institutions, such as the courts, prosecution, or the prisons service In countries without a ministry of the interior or home affairs, the ministry of justice may also have a supervisory role over the police. The distribution of power between the ministry of justice and other institutions may be a source of conflict. The ministry of the interior may have a supervisory role and/or budget control over criminal justice institutions, in addition to broader powers relating to immigration and national security.

Lawmaking and law reform bodies. The ministry of justice is often the primary source of legislative and regulatory initiatives in the criminal justice arena. New laws may be drafted by a division of the ministry; how ever, other bodies or institutions, including a law reform commission, a judicial reform commission, or ad hoc working groups or groups of experts, may be responsible for law reform activities. The primary lawmaking body is usually the legislature or parliament. Legislation may provide derivative lawmaking powers to criminal justice institutions such as the police and courts so that they can operationalize the laws. For example, legislation may give the power to create implementing guidelines or standard operating procedures for police.

Legal education, police and corrections training institutions Legal education varies around the world and includes third-level education of criminal justice actors and continuing legal education and training that qualifies these actors to practice. In terms of the basic education of judges and prosecutors, some systems require that after individuals complete their university studies, they attend a magistrate’s school and complete a vocational legal education component. In systems where there is no mag istrate’s school, judges, prosecutors, and lawyers may have to complete another form of professional training between university and vocational legal education. In addition, judges, prosecutors, and lawyers generally have continuing

legal education requirements, meaning that they must undertake a certain number of hours of training per year in order to maintain their legal qualification. Police generally attend a police training academy for basic training and face continuing training obligations to maintain their competence and to qualify for promotion or join a specialized unit (i.e., a unit that focuses on addressing a specific crime like human trafficking or cybercrime). Corrections officers must also under take training prior to taking on their role, in addition to undertaking continuing training throughout their careers....