The due process model is seen to focus on the suspect whereas the crime control model focuses on the society. This paper analyzes these two models and based on the rate of crime in the society, makes recommendations as to which is the best model in criminal justice. The principle in law that one is innocent until proven guilty has created much discourse. There are those who feel that the moment that one is arrested, there is reasonable belief that they committed the crime. However, there are those who feel that just as the principle states, one is, and should be taken as a victim and the outcome could be either way: guilty or not guilty.
Sociology of Law and Order Introduction The act of examining why people commit crime is very vital because it assists in knowing how crime is handled. Because of this, many theories have come up that try to explain why crime occurs and the possible remedies to the causes. When crime is committed, every society would have its own way of framing laws that can be used to punish lawbreakers. Thus, the kind of punishment given to a criminal depends on the society one is living in. what becomes obvious is that no matter what punishment the society gives, the decision is affected by theories of punishment.
The main object of criminal law is to protect society against offenders and law-breakers. To fulfil this object law holds out threats of penalties to prospective lawbreakers and also make the actual offenders suffer the prescribed punishments for their crimes. Criminal law consists of both the substantive criminal law and the procedural criminal law. Substantive criminal law gives the definition of offences and also prescribes punishments for the same, while the procedural law prescribes the procedure to administer the substantive law. The principal statues which deals with administration of criminal justice in our country are criminal procedure code i.e.
PREVENTIVE THEORY Preventive philosophy of punishment is based on the preposition ‘not to avenge crime but to prevent crime’. It presupposes that need of punishment of crime arises simply out of social necessities. In punishing a criminal the community protects itself against anti- social act which endanger social order in general or person or property of its members. The real object of the penal law therefore, is to make the threat generally known rather than putting it occasionally into execution. It suggests that prisonisation is the best mode of crime prevention as it seeks to eliminate offenders from society thus disabling them for repeating crime.
The target can be a person or an object, whose place or occasion puts it at more or less risk of culprit attackers. These attackers influenced a target risk elements called VIVA, which is the value, inertia, visibility and access. In contrast to theories of criminality, which are centred on the figure of the criminal and the psychological, biological, or social factors that motivated the criminal act, the focus of routine activity is the study of crime as an outcome, feature its relation to space and time and feature its ecological nature and the implications thereof (Mirὀ F., 2014). (Cohen and Felson (1979) “Social change and crime rate trends: A routine activity
This sentence is to eliminate preventable death tolls nationwide. The theory of deterrence is that people who do wrong will fear punishment, causing them to act within the law. There are two different types of criminal deterrence, specific and general. Specific deterrence focuses on lessening the probability of having a repeat offender. The Three Strikes Law plays in accordance with this type of deterrence.
Perhaps you can be born with psychologically criminal instincts and then life events further your tendencies making you act in more criminalist. This paper will display how a criminal can be born but molded and persuaded by the society to cultivate the criminal mannerisms making them an actual criminal. While undeniable, what should only be seen as an inclination of crime rather than the actual cause of crime itself are the theories of genetic influences (Raine. A. 1993 pg 50).
Why We Punish & Different Ways Criminals are Punished Why does the criminal justice system of America punish criminals? The answer lies in the words “justice.” The term justice can be interpreted in many ways. Criminals are punished to: make people abide the laws of their country and state, put an end to illegal activity that could be harmful to themselves or the community, protect the public from evil, prevent crime from rising in certain areas. These are just some of the reasons why criminals are punished. There are also different approaches to punishing criminals such as: sentences that fit the crime, community service, the death penalty, and rehabilitation.
(Young, 1981). Classicism Enhancing informational knowledge is the purpose of its punishment, which allows people to conduct rational decision. Therefore, the proportional penalty is suggested to launch when they devoted violation that harms the society, which promoted equality that offenders need to be aware of. Positivism Positivist focused on the background of the criminal, who believed people committed crime because of the environment influence. Treatment is a preferable than punishment to offenders(Young, 1981).
1 Introduction In respect of criminal capacity there is an ongoing dispute about the defence of criminal incapacity due to provocation or emotional stress. This debate revolves around the application of logic and legal principles versus that of policy considerations. 2 Criminal capacity This element of the crime is a purely subjective inquiry into the state of mind of the accused at the time of the commission of the crime and is based on the principle of individual autonomy. The state bears the onus of proving criminal capacity beyond reasonable doubt. It consists of two legs, namely the conative capacity and the cognitive capacity.
Criminal behavior differs from socially deviant behavior in several reasons. In the book the author explains that criminal behavior is “ behavior that commits act in violation of a criminal law,” where as deviant behavior is consider behavior that is differing from the normal standards of a society (Hemmens, Brody, & Spohn, 2013, p. 57). I agree with the authors’ statement they have made regarding criminal behavior because criminal behavior is derived from an act or acts that goes against a
Based on my knowledge on conspiracy I believe that the RICO act is necessary but can also be not useful depending how the defendant pleads his case. Conspiracy is defined as a secret plan by a group to do something unlawful or harmful. I think the RICO act is necessary because part of me believes that organizations would continue to get away with heinous crimes if the act was non-existing. Another reason to I believe RICO is necessary is because it has been important to up and coming laws. RICO has led to revitalizing the interest in civil punishment.
A theory that explains why people commit criminal behavior is the general deterrence theory. This theory suggests that “people will commit crime and delinquency if they perceive that the benefits outweigh the risks” (Sigel 103). For example, gangs who commit white-collar crimes know the risks of deciding to commit crimes checks frauds and identity theft. As previously mentioned, the article stated that these crimes have light consequence. Therefore, they outweigh the benefits over the risks, which include gaining millions of dollars through fraud and light jail