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 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.
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.
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 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.
When a person first enters the jail, the social worker is there for support and to evaluate the person on where they should be put within the jail. 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”).
Different environmental factors are often overlooked during the sentencing of juveniles resulting in harsh punishments in efforts to control crime. 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