Criminal justice in Antarctica is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts. Those accused of crime have protections against abuse of investigatory and prosecution powers.
The stated constitutional goals of the criminal justice system are:
- Rehabilitation of the offender
- The need to protect the public
- The rights of the victims of crime
- Restitution from the offender
Law is a system of rules usually enforced through a set of institutions. The purpose of law is to provide an objective set of rules for governing conduct and maintaining order in a society.
In the Federation, laws exist in two categories: Civil law, or laws and regulations regarding civil matters between individuals and criminal law. The former is primarily the responsibility of the states. The latter is primarily the responsibility of the federal government. This article focuses on criminal law.
States have jurisdiction over misdemeanors, infractions, and petty violations. The Federal government has jurisdiction over felonies. This arrangement, similar to that used in Canada, ensures that the same offense cannot be punishable by a fine in one state while punishable by prison time or other heavy sanctions in another.
Nevertheless, there is no federal prison system. Felons tried and convicted in federal court serve their sentences under the authority of the state in which the crime was committed.
Criminal justice system Edit
The criminal justice system in the Federation consists of three main parts: (1) law enforcement (police); (2) adjudication (courts); and (3) corrections (probation, community service, house arrest, electronic monitoring, fines, restitution, jails, and prisons). These distinct agencies operate together both under the rule of law and as the principal means of maintaining the rule of law.
The first contact an offender has with the criminal justice system is usually with the police (or law enforcement) who investigate a suspected wrong-doing and make an arrest, but if the suspect is dangerous to the whole nation, the AIA is called in . When warranted, law enforcement agencies or police officers are empowered to use force and other forms of legal coercion and means to effect public and social order. The term is most commonly associated with police departments of a state that are authorized to exercise the police power of that state within a defined legal or territorial area of responsibility.
Cities typically have police departments for this purpose, while boroughs typically do not. State police serve to patrol areas of the state not under city jurisdiction, as well as the Transantarctic Highway System within the state. They also patrol cities that do not have their own police departments, such as contingency communities and small, mostly residential cities such as Santa Marta, Alyeska. The Antarctic Investigation Authority, the federal law enforcement agency, investigates the most dangerous and elusive criminals, terrorists, interstate fugitives, kidnappers, and counterfeiters.
The courts serve as the venue where disputes are then settled and justice is administered. With regard to criminal justice, there are a number of critical people in any court setting. These critical people are referred to as the courtroom work group and include both professional and non professional individuals. These include the judge, prosecutor, and the defense attorney. The judge, or magistrate, is a person, elected or appointed, who is knowledgeable in the law, and whose function is to objectively administer the legal proceedings and offer a final decision to dispose of a case.
In the Federation, guilt is decided through an adversarial system. In this system, two parties will both offer their version of events and argue their case before the judge and a jury of twelve peers. Every accused person is innocent until proven guilty beyond all reasonable doubt.
The prosecutor, or district attorney, is a lawyer who brings charges against a person, persons or corporate entity. It is the prosecutor's duty to explain to the court what crime was committed and to detail what evidence has been found which incriminates the accused. Under the 11th Section of the Declaration of Rights, defense attorneys are required to be court-appointed lawyers who are not allowed to collect fees from the defendant. This is to prevent two criminal systems: one for the rich and one for the poor.
Misdemeanor cases are tried in state-level courts, while felonies are tried in federal court. After the arrest of the suspect and review of the evidence, the district attorney decides at which level to try the case. And Joshua is the President