Due Process Model

The American Revolution emerged due to increased tensions between the American Colonists and the British government during the colonist’s growing desire for Independence. As a result of the Revolution, documents outlining an independent government were shaped. The first being the Articles of Confederation followed by the Constitution. The second amendment of the Constitution of the United States was of particular importance and necessity during the Revolutionary era due to its significance in the Militia, the people’s need to protect themselves, and as assurance that colonists received the necessary freedoms they fought to achieve.

Usually, rights for people were written by the government, such as the rights of Englishmen, but the idea of the government protecting rights that were already endowed to humans was supported by American colonists who were against the idea of the numerous violations of the Rights of Englishmen, which included taxation without consent. These taxes later popularized the famous slogan, “no taxation without representation,” first said by James Otis; most colonists believed that

 (Siegle & Bartollas 2014 pgs 6 & 7) As I read this weeks assignment, more specifically, about general deterrence and specific deterrence and how the belief that "crime does not pay" applies to both of these. General deterrence is when a offender is punished so greatly that it sends a message throughout a community that committing that crime simply is not worth the punishment.  (Siegle & Bartollas 2014 pg 7) Specific deterrence "focuses on the fact that the individual offenders should learn first hand that crime does not pay when they experience harsh criminal penalties."  (Siegle & Bartollas 2014

With the victory against England the newly independent Americans earned an official claim to America and needed to establish a written plan of government for the new states. The Americans sought to implement some form of sovereignty without total power or any influences of monarchy. In 1777, the congressmen generated the Articles of Confederation, defining the union as a “loose confederation of states” existing mainly to “foster a common defense” (Roark 190). However, the Articles of Confederation had many flaws and imperfections. Because it provoked too many conflicts, the Articles of Confederation resulted in failure and was ultimately overturned by an improved document of government, the Constitution.

It is very important to use surveillance, but if you use it unjustly it can give more power to public order than individual rights. It causes a similar problem as the ones mentioned before, that it can prove challenging to identify if you had a good reason to use surveillance. You might not always know if you have a good enough reason to use surveillance, but you should exercise your best judgement to decide whether or not to use

One of these people were Robert Agnew who thought that strain theory could be very important in explaining crime and deviance that happens but that it needed to be in a different context so that it was not tied to social class or cultural variables, but have it focus more on norms according to society. “In sum, we would expect certain strains to affect crime in all or most societies, while the effect of other strains may differ across societies. A general strain theory that explains differences in criminal offending will systematically list all of those strains that function as “extreme stressors,” as well as those societal factors that affect the magnitude of given strains, the interpretation of such strains (e.g., their perceived magnitude and injustice), and the likelihood of criminal coping”(Sigfusdottir & Kristjansson , 2012).The general strain theory have 3 categories of strains according to Agnew which are the inability to achieve positively valued goals ,the removal or the threat to remove positively valued stimuli and to present a threat to one with noxious or negatively valued stimuli. The inability to achieve positively valued goals are difference between the expectation influenced by factors such as social class

Additionally, classicism tried to understand crime as “a product of a rational free will”, Hughes (1998) continues, and a criminal act was seen as something chosen and as a result of the calculation of pain and pleasure involved with the crime (Hughes, 1998). Besides, punishment, as Hughes (1998) depicts, was seen as “an instrument of social control to achieve certain desired ends” and it must be warranted, effective and profitable. Furthermore, classicists believed that it was better to prevent than to punish (Hughes, 1998). During the Enlightenment period, new theories about crime, punishment and new ways of rationalising justice arose (Newburn, 2013). Beforehand, it was believed that people could not choose rationally but with the development of the classical school, the assumption that criminals can exercise free will and rationality was introduced (Newburn, 2013).

He thought that the government would be given too much power. His thoughts on the injustices in the Constitution greatly influenced the making of the Bill of Rights. At the time, Federalists argued that the Constitution didn’t need a bill of rights, due to the fact that the people and states kept any powers not given to the federal government, but Anti-Federalists said that a bill of rights was necessary to safeguard individual liberty. So when the Bill of Rights was made it listed prohibitions on governmental power and the rights that were granted to people. When the Bill of Rights was adopted into the Constitution it was became the fundamental rights of all citizens in 1791.

The criminal justice system, like any system is designed by human beings and hence possess the possibility of a loophole for criminals. Needless to say, the system was introduced in order to maintain law and order as well as provide a safe community for the people. If this is true, then why do we get to witness crimes, some beyond the horror of one’s imaginations and later find that the court decided to rule in the accuser’s favor by making

Strain theory however takes a completely different approach and examines the social strain as humanities punishment. Work within the structure society has product or become members of a deviant subculture to achieve the same goals, just through alternative means. Strain theory was designed to explain why U.S.A had a large influx in gangs. Therefore, examples of crimes under strain would be selling or associating with illegal substances or becoming involved in illegal activities such as theft.

In the article, “Beware the Biomarkers for Criminal Behavior,” Kira Peikoff analyzes the expanding use of brain imaging and biomarkers to predict criminal behavior. She describes the expansion of these technological advancements as a possible violation to an individual’s basic civil rights of innocent until proven guilty. Piekoff expresses that with these growing advancements in this technology a fine line between science and morality should be explored with caution. Our society today may consist of individuals with mental defects, but where is the line drawn in depicting a future crime without infringing on an individual 's basic civil rights. Peikoff provides three distinguishable premises in her article.

When a judge is considering sentencing to convict an offender specific deterrence should be more valuable than general deterrence but both are needed in the sentencing process. For the offender not to reoffend specific deterrence need to be embedded to determine the certainty of the crime. So the offender will not commit the same crime twice. Overall doing the sentencing process the judge have the right to use this offender specific deterrence to promote general deterrence to the public. This will allow other to fear the consequences and possibly punishment if they commit this specific crime.

This has only led to more and more prisons being created which cost a lot of money. “Since 1984 more than twenty new prisons have opened in California , while only one new campus was added to the California State University system and none to the University of California system”(Davis 686). Instead of focusing on creating safer environments for those who live in areas where crime is predominant we are only building more prisons to just lock everyone up. This is not really solving anything rather it is just avoiding the whole issue itself. Creating theses prisons cost a lot of money because there are man things required in maintaining a prison running.

The constitution was signed and sent out to the states in 1787, but was not ratified until 1788. During this time in the states the constitution caused a great deal of controversy. While some, the Federalists, believed that a constitution is exactly what was needed, others, the Anti-Federalists, felt that a constitution severely needed a bill of rights. There are many reasons a bill of rights was included in the constitution. Although it was not in the first copy, it was promised to be in the next one if nine states would ratify it.

As the democratic view adheres to the nation’s longstanding history of immigration, the Republican party does not believe immigrants should be granted the same rights as any american citizen. They believe that these illegal immigrants bring with them drugs and crime as well as take jobs that should be held by US citizens, calling for their mass deportation. With crime at its lowest in the last 25 years, both the democratic party and republican party seek to further this societal improvement. To them, the best method of controlling crime is to administer tougher punishments for those who commit violent crimes as well as leaving the death penalty as an option for the most heinous offences.