Despite the disputes and controversies its potential capacity of regulating moral conflicts in a modern world is underestimated. Society is in the position to implement this strong moral act to show that there is no way to escape the consequences of wrongful deeds. The benefits of elimination of dangerous criminal elements, deterrence, reduced incarceration, shortening of sentence expenses and the safety of the community are the result of capital punishment implementation. . Even though, changes should be introduced to the system of penalty to adjust it to the needs of each particular community, it is still one of the most effective measures of combating and prevention of the crime.
In chapter four of the book Ethical Dilemmas and Decisions in Criminal Justice authored by Joycelyn Pollock it discusses this very topic in great detail. On page 92 of the book the author presents a theory called Kohlberg’s Moral Stages to the reader. These stages are made up of the pre-conventional level which would be egoistic, the next level is the conventional level which is fitting into society, and lastly you have post-conventional which is transcending society. Each of those three levels is broken up into two different stages. Each of these three levels and the two levels in them involve qualitative differences to show the way in which people view the
According to the textbook titled Criminalistics, Forensic Science is defined as the application of science to the criminal and civil laws that are enforced by police agencies in a criminal justice system. 2. Who created the Locard’s Exchange Principle and what is it? a. Edmond Locard created the Locard’s Exchange Principle. Locard stated
It is important here to fact out that the choice of offence to prosecute, directions by the judge, and the potential for appeal will all limit the extent to which the jury can have an impact in criminal law cases. Another way in which the Act is kept operative is through the Criminal Prosecution Service (CPS) Guidelines on Offences Against the Person. These are not legally binding, but they act as a good filter to make sure the Prosecution Service bring the right charges for the right crimes and therefore takes pressure off the courts system. For instance, it gives an idea of what might count as GBH, noting the importance of the jury as we discussed above. Whilst the legislation itself might not be very clear then, and the case law quite difficult to find or follow, the procedures help the Prosecution Service to navigate through a complex area of law on a daily
Integrated theory does not necessarily attempt to explain all criminality but is distinguishable by the idea of merging concepts drawn from different sources. Integrated criminology tries to bring together the diverse bodies of knowledge that represents the full range of disciplines that study crime (Schmalleger, 2012). Integrated theories provide wider explanatory power (Schmalleger, 2012). Integrative theories are like diversified theories and focus on criminal behavior and criminal activity while other theories focus on punishment and crime control (Jeffery, 1959). Integrated approach combines concepts and propositions from two or more prior existing theories into a single new set of integrated concepts and propositions (Elliot, 2017).
Law nurtures the longing humans feel for a life driven by solid principles in a rational and orderly way. The “rule of law” stands immortally for the values of justice, objectivity and universality. Following the law is a practical and symbolic practice to demonstrate accountability and legitimacy. McEvoy (2007) defines legalism as “seductive” in the sense that its force tends to foreclose interrogatives from other perspectives that should be posited. Moreover, he points out that there is a tendency of understanding this legalist paradigm in a state-centric practice, which works through a top-down influence (McEvoy 2007).
The low self-esteem hypothesis has been reported in several versions, none of which is broadly satisfactory. Some are inconsistent, while others seem theoretically correct but run contrary to the accumulated evidence about self-esteem. The most feasible opinion considers low self-esteem not as a cause of violence but in contrast it suggests that any violent behaviour that exist among people with low self-esteem will be expressed when the fear of reprisal is
For that purpose it is the duty of prosecution to prove that guilt beyond reasonable doubt. The benefit of the doubt goes to the accused. But if the guilt is admitted by the accused then there is no need to prove the case beyond reasonable doubt and sentence can be awarded according. But in the modern era, the punishment to the accused must be awarded keeping in the reformation and rehabilitation. In other words the rights of the accused are also given due importance.
Delay in recording of victim’s statement, harsh and humiliating cross-examinations by defence, manipulation of facts and award of lesser punishment on ground of delay causes injustice to victim. Both cases are against the principle of fairness, Thus in denial of Right to Fair trial. Thus it is apparent that Speedy justice is integral part of Right to Fair trial enshrined under Article 21 of
What is crime Crime has no precise definition,it is generally considered to be any act or omission which goes against the norms, belief, customs and traditions that has been accepted by the members of a society as conducive to their well being and healthy development. Basically a crime is a harm brought about by some anti-social act of a person , which the state desires to prevent and the means taken to prevent it be the state is in the form of a punishment . Therefore crime is a wrong to society involving the breach of a legal wrong which has a consequences attached to it. Crime is divided into different branches based on various factors like geography, the seriousness of the offence etc. The different types of crime are • Predatory crime