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. The people of the thirteen colonies during the Revolutionary War, wanted nothing more than freedom from the British crown.

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

Because criminal laws are designed to protect the social fabric, the defendant must answer not just to the individual victim, but to the whole polity through its criminal courts." (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 pg 8) I do agree that crime does not pay.

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.

Surveillance has been used to catch and stop many dangerous people who show a threat to the safety of the United States. 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

The school was concerned with the development of a rational, systematic and efficient way to fight crime rather than understand the nature of it (Hughes, 1998). 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).

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. Strain theory clearly explains that “people turn to deviance in the pursuit of widely accepted widely accepted social values and goals”, Robert K. Merton.