Most of the time this results in prison sentencing. But when the only action is to lock people up, it doesn’t require that the individual act in a certain way, or change. Instead, it excuses the offender from answering for what they have done or punishes them in a way that does not consider the individual criminal and his or her crimes on others and such crimes impact on the overall community. Restorative justice is a victim-led process to hold offenders accountable while concurrently fulfilling the needs of all parties involved (Keenan and Joyce, 2013). This essay will critically evaluate the guiding principles of restorative justice, and more specifically look at the benefits of applying this method to sexual violence and domestic violence cases; this will be done by examining common procedures and guidelines, understanding the strengths and weaknesses, and observing specific case
This model focuses on the individual needs of the offender and in doing so increases their chance of living sober once they reenter society. For example, indeterminate sentencing allows offenders who exhibit good behavior and participate in prison substance abuse programs to be paroled closer to the minimum sentencing term. This means the offender can be released from prison based on conditions set forth by the court. If the offender violates parole by committing another crime or failing to continue substance abuse treatment, they can be returned to prison. Furthermore, offering indeterminate sentencing for offenders who meet the criteria creates prison space thus helping with the ongoing problem of prison overcrowding (Seiter,
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. The gradual shift in the approach of the Supreme Court is a positive sign but other organs i.e. the government and the legislature have to make conscious efforts to consider the rights of the victims.
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. Crpc and Indian penal code i.e. Ipc and Indian evidence act,1872.
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.
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 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. In fact, this argument is supported by the many cases of malicious prosecutions and mistaken identities.
Criminal justice social workers deal with many issues not just from dealing and working with clients, they deal with a massive amount of paperwork. There are also social issues that clients must deal with the stigma around them. Introduction: When it comes
First of all, every individual in society is entrusted by the government to obey the law and contribute to the community in a positive manner. However, incarcerated individuals have abused this trust by harming others and the community itself. Therefore, shouldn’t these individuals be further punished if they have committed crimes that made their victims suffer? Since it is believed that “human rights of prisoners are said to be ‘weak’ human rights,” then these law offenders could be punished by depriving them of their freedom with strict rules and even solitary confinement. In solitary confinement, prisoners may be punished by limiting human contact which have made prisoners “mentally even more ill” (Yamashita, “Human Rights of Prisoners”; Casey, “Solitary Confinement in the UK”).
In recent years, changes have occurred in efforts to revert the focal point back to rehabilitate individuals within the juvenile justice system. With a Juris Doctorate, I aspire to continue fighting for a system that is rehabilitative in nature and strives towards successful reentry of our youth into
It is assured that the fundamental purpose for our criminal law is to prevent crime, punish offenders, assist and protect. However, there are abounding cases where criminal law has punished a convict who was proved innocent . A conviction is necessary to display the order they obtain to keep people safe in society. If a criminal was not caught the people would look down upon the system. In many cases, the deputy will arrest an individual who seems to fit a certain description that they know will lead to an arrest.
Juvenile detention centers are purposeful ways to assist delinquent juveniles to become law abiding proactive members of society while promoting the safety of society and themselves. Yet, the way most institutions, in particular Cook County Juvenile Temporary Detention Center (CCJTDC) treat juveniles in their center has violated their essential right to be treated as humans, cast them as oppressive beings, and does not adequately facilitate their re-transition into society. While I agree that there should be a degree of penalty for breaking laws, there is a clear line between punishment that is just and that which is unjust. Punishment for the sake of realigning an individual’s behavior to comply with social order is just, however punishment
For centuries, the criminal justice system has continually evolved and adapted to society where its sole purpose has been to punish those that break the laws deemed to be uncivilized. By punishing criminals, it attempts to maintain peace and order in society so that chaos and anarchy does not run amok. The criminal justice system we have today is divided into three sections, each with different responsibilities to uphold. The police are in charge of investigating and capturing criminals, the courts are in charge with the decision of whether or not a crime has been committed and if the person should be charged, and the corrections system is responsible for making sure the punishment given by the court is carried out (Mallicoat 2017:4). By examining the two contrasting ideologies of the criminal justice system, crime control and due process, we can see that our criminal justice system is flawed in maintaining public order and protecting our rights.
Defendant’s physical well-being is often ignored as noted in the above case, but their mental well-being is ignored as well. Jail inmates are often traumatized due to the treatment they undergo while incarcerated. Kalief Browder is just one example of an inmate who while awating trial was place in solitary confinement. Browder endured over 700 hundred days in solitary ultimately causing his mental health to severely decline (Gonnerman, 2014). The physical and mental trauma that inmates experience before they even undergo trial or receive plea deals demonstrates how the process of entering the criminal justice system is punishment itself.
Within the criminal justice system, the police have three main goals: to serve, enforce the law, and to maintain order. Most police officers are people just trying to fulfill these goals and protect the citizens, using discretion wisely, but sometimes in this process, it may seem that there is an abuse of power, especially in terms of the use of force. As stated in Criminal Justice in America (2014), police are able to use legitimate force on those individuals that are deemed uncooperative, but this force is sometimes deemed excessive. Excessive use of force is when the force used by an officer either violated department policy or the constitutional rights of the individual by exceeding the level of force permissible and necessary for the