... main function of the criminal courts is to act as an impartial arbitrator of conflicts arising between the state and its citizens. This distinguishes state punishment from private vengeance. (McLaughlin and Muncie 1996, p.111) 'If the punishment is just, and in proportion to the seriousness of the offence, then the victim, the victim's family and friends, and the public will be satisfied that the law has been upheld and there will be no desire for further retaliation or private revenge.' (The Home Office White Paper: Crime, Justice and protecting the Public, 1990: 2.4, quoted in Cavadino and Dignan, 1997 p. 86) The main principle of the criminal justice system in England and Wales is adversarial justice. This requires the police to identify a suspect from the evidence available, and if there is sufficient evidence against them, to prosecute that person and establish their guilt. The logic of adversarial justice requires that the police ...

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