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The aim of this essay is to explore
two different sections within in the criminal justice system, to determine
whether or not victims and offenders of BAME (Black, Asian and Minority Ethnic)
groups receive justice in the current practices and policies in England and
Wales. The purpose of this essay is to investigate the rates of justice or
injustice for BAME groups within the police system, exploring the practice/policies
of stop and search, and police abuse of power. Furthermore, investigations into
the courts illustrates the proportionate rates of BAME groups in the sentencing
process, custodial outcomes and the longevity of such sentences are higher
compared to whites. Despite extensive reforms to tackle indirect and direct
discrimination within the system, such as PACE 1984 in the Police Institutions,
empirical research still highlights the fact that ethnic minorities are more
likely to receive an unjust treatment/outcome within the system today.

The current system resolves around
the adversarial system, where the role of the court is primarily that of an
impartial referee between the prosecution and the defence. Furthermore, the
criminal justice system in England and Wales is constituted by Government departments
and institutions, which are all responsible for the criminal justice policy
implementation into practices. Additionally, policy formation and
implementation is influenced by internal (party politics) and external
influences (economic crisis, events). For example events such as 2011 British
Riots and the Stephen Lawrence (1999) case influenced policy agendas and
guidelines for practices in courts and police institutions. Unfortunately,
institutional racism and bias judgement of ethnic minorities increases due to
the hastening of new policies, which will disadvantage these groups due to
irrational decision making and lack of research into the effectiveness of
ensuring fair treatment for both groups, not just the white population. GET RID OF 44 WORDS

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Furthermore, policies are strategic
directives around which you build plans for the implementation of the policy.
In an ideal world, it would involve rational policy decision making though
listing policy options available, identifying the consequences of adopting each
policy, and choosing then one most likely to fulfil objectives. However, due to
the complexity within the criminal justice system of involving many
individuals, groups and other factors, it is hard to pinpoint a moment when
rational thinking was involved in formatting new policies.

Justice is referred to as the
fairness in the way that people are dealt with in the criminal justice system. However,
different models of ‘justice’ often overlap, thus resulting in more than one
model of justice at work at any one time, consequently its difficulty in
getting equality for all. One distinction of this overlapping is the difference
between ‘Due Process’ vs ‘Crime Control’ (Parker, 1968). Due Process is
grounded in procedural justice, ensuring equality between parties, rules
protecting defendants, and the exclusion from court of illegally obtained
evidence. This process would be ideal for ensuring justice to victims and
offenders of BAME groups WHY.
However, it is time-consuming and slow, thus not many use it as judges want
cases to process through the courts at speed. Alternatively, Crime Control
supports the quick and ‘efficient’ process, emphasis on punishment and the
repression of crime. As Parker (1968) notes, innocents are screened out by the
police, thus allowing for an efficient process. Swift and Sure Justice still
allows a right to trial including Human Rights but it attempts to maximise
efficiency, and as Ministry of Justice (2012, p.6) argues “justice needs to be
swift if it is to be effective. Offenders need to be made to face the
consequences of their actions quickly.” GET RID

Word count = 585 = 165
for conclusion

Exploring the dynamics of the
police-community relationship can assist in explaining ethnic minority and
police officers attitudes towards one another and towards the criminal justice
system as a whole. Since 1960s, the corruption of the police force has eroded
the trust and confidence between police officers and the public. Furthermore, Bowling
and Phillips (2002, p.136) illustrates that black respondents are less satisfied
with police action and observe the police to be unfair to certain group. However,
Bradford (2011, p.188) argues that the confidence in the police declined
steadily among the white group whilst black and Asian groups fluctuated over
time. Thus, illustrating how ethnic minorities accept police treatment of them

Furthermore, the miscarriages of
justice generated the loss of confidence (Williams, 1999). For example, public
trust and confidence dwindled after the killing of Stephen Lawrence (1999),
resulting in unprecedented in its impact. As Reiner (2000, p.79) states it crystallised
the ‘disastrous ebbing away of black confidence in the police.’ Thus, prompting
extensive reforms in the relationship between the police and ethnic minority communities
(Bowling and Phillips, 2003, p.546). JUSTICE HERE.
In contrast, the Ministry of Justice (2015) argued that the overall confidence in
the effectiveness of the criminal justice systems have increased across all
ethnic groups since 2010/2011, thus illustrating the effectiveness of reforms
to ensure equality of treatment for BAME groups throughout the criminal justice
process. Similarly, the issue surrounding public confidence has been focused in
policy debates to tackle discrimination and to attempt to bring about justice
in the treatment of ethnic minority victims by the police (Bradford, 2011). 

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