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Search by topic:   15816. Justice in the Criminal Justice System. This paper considers the inherent tension between the components of the criminal justice system which emphasize “initiative,” oftentimes at the expense of adherence to rules and regulations, and the “rule of law,” which emphasizes the rights of individual citizens and is designed to maintain constraints on the initiative of legal officials. The tension between these two forces leads to the charge that the criminal justice system often fails in its mission to actually obtain “justice”. This paper discusses this situation as it relates to the three major segments of the criminal justice system: law enforcement, courts, and corrections. Concludes that while it appears that the criminal justice system does often fail to secure justice, it does not seem that the solution to this problem is to be found in eliminating either individual rights or the ability of criminal law professionals to utilize “constrained” forms of initiative. In order for the criminal justice system to attain a greater sense of justice, some type of cooperative balance needs to be found between these two major forces. KEYWORDS: criminal justice order legality individual rights judicial constraints. APA Style. 18 pages, 41 footnotes, 9 bibliographic sources. 4,154 words.   $126 Copyright 1998-2018 Berkeley Research