An important role is carried out by the criminal justice system in a democratic society. My philosophy and approach for balancing individual rights and public protection is that law enforcement authorities should restrict citizens’ liberties through force to compel obedience of law if those liberties cause harm to the society. Authorities maintain law and order by restricting freedoms of the citizens through force to constrain them to obey the law penalizing those who disobey the law. However, the citizens must be free to exercise the freedoms granted and guaranteed by the Constitution. Therefore, the law must give way to reasonable exercise of civil liberties when those freedoms do not cause harm to others.
The conflict and consensus models reflect two opposite systems in criminal justice. In the conflict model, which works to protect individual rights, “justice is more of a product of conflicts among agencies where the component parts function primarily to serve their own interests”(Cronkhite, 2013, p. 202). Laws in this model reflect the beliefs of the interest groups with the most power and are “used primarily to control the behavior of the defective, dependent, and delinquent, the dangerous classes” (Hagan, 2009, p. 11). Many in this country see this is how the criminal justice systems are today. The consensus model is just the opposite and involves all the agencies working together to move cases and defendants through the
Rates response and Crime reporting Lorie Daniels CJS/200 Friday July10, 2015 Scott Smith Rates response and Crime reporting The main purpose of major crime reporting programs is to help the public and citizens of all community know how those programs operate, as well as informing them all how the crime activity are and also proper enforcement and laws for those acts. When making the crime reporting programs successful, they must follow though, citizens of community and etc… needs and want to be up to date and feel safe. To make the reporting programs successful it needs to also be very correct. Now for this to become right every crime must be reported, the arrest rates as well as the clearance and crime rates are from the same
The criminal justice system is agencies set in place by the government to control crime and give punishment to those that violate the law. The criminal justice system is comprised of three major institutions which are law enforcement, the court system and corrections. Law enforcement are the ones who enforce the law and then remind arrestees of these rights. The fourth amendment which is prohibition against unreasonable searches and seizures of one before he/she is questioned. You have several parts of the criminal justice system like law enforcement, prosecution, defense attorneys, you have the court system there are restrictions on a case being prosecuted including the right to confront ones accusers.
When a crime is committed and an individual is caught in the act, there is a set process that one follows to adhere to the rules of the criminal justice system. This method can be simplified by looking at the common flow of events: (1) an individual is arrested, (2) individual is brought to court, (3) individual receives a punishment. Though it may appear that the way in which the criminal justice system functions is sufficient, many voice the concern that there are certain key players affected by crimes that are consistently disregarded. These players are otherwise known as the victims and the community. As a result, many have hypothesized a new approach to justice that incorporate all aspects of crime.
The victim deserves similar level of protection and attention from the court like that of an accused i.e. a victim 's interests need to be balanced vis-à-vis that of accused. Victims of crime go through mental and physical trauma and suffer throughout their lives , as there place in the society changes. A victim is certainly entitled to reparation, restitution and safeguards of his rights and criminal justice would look hollow if justice is not done to the victim of the crime. In recent years, the Legislature and the judiciary have taken gradual steps to develop the necessary principles by which appropriate compensation could be paid to the victims of crimes.
Equality in justice is a fundamental principle of a democratic system and the Constitution protects individuals from unfair treatment; nevertheless, there is evidence that shows how this principle is not always followed. Finally, criminal procedures act as safeguard against an indiscriminate application of criminal laws and treatment of individuals suspected of crime, and the main safeguards regarding criminal procedure are found in Amendments IV, V, VI and VIIIs. Hopefully the information provided within this paper has served as an initial insight into the roles of ethics in justice. As it seems that the entire criminal justice functions by the rule of ethics and different ethical rules lead to very different judicial outcomes, it is important to use the theory of ethics are a guide for applying them in specific judicial contexts in accordance to the fundamental principles of freedom and
A very important aspect of the criminal justice system is to ensure there is a way to rehabilitate offenders, not only incarcerate them. Rehabilitation in the criminal justice system means that there is an attempt by the system to restore a criminal back to a productive and useful member of society free of the life of crime. By rehabilitating an offender, the system is trying to alter their behavior and attitude in a positive way and to make them once again, law abiding citizens (Seiter, 2014). Rehabilitation can come in many forms, such as drug treatment, education, mental health treatment, develop better decision making skills, therapeutic counseling and even job training. An offender does need to be punished for breaking the law, but they need to accept responsibility for their crimes and eventually change their
The government works to ensure the guilty receive adequate justice for their crime, and the act of pursuing justice granted to the state by the will of the governed ensures that “[executing] a lawfully condemned prisoner” defies the label of murder (Koch). The common misconception of characterizing the death penalty as murder rejects the rights of the state which supersede those of the individual. In the government’s efforts to ensure justice to criminals for crimes committed, they have a wide variety of options available to them, and it is the job of the judge and jury to confirm that the punishment meets the crime. If the average citizen executes those they believe culprits of heinous crimes, they willfully choose the path of manslaughter over specious justice because only the government has the power and ultimate responsibility to condemn the
Restorative justice can be defined as a flexible and just approach by which apt reparation is made, for the harm committed, irrespective of the life situations, through a proper communication in adequate perspectives, between the victim and the offender, thereby preventing recidivism and re-establishing peace and harmony to the ultimate benefit of the society. In this particular context, we focus on the criminal justice systems. Restorative justice views crimes not only as a violation of laws but also as harm to the society and community. The core objective of restorative justice system is the safe and satisfied involvement of the victims who agreed to be involved in the process. The goals behind the design of this system include making offenders