The main parts of a criminal justice system can best be described as a discretionary model, because so many steps are taken from the stages of committing a crime to being prosecuted and possibly release from correctional institutions in the future. Each one of these steps have a serious deciding elements in them that play a role in the prosecution of a criminal. As stated in the text book “no two cases are alike, and no two defendants are alike,” (Barkan, 17). Because of the uniqueness of each case and the people involved in it a system must be put in place to insure that at every stage of the criminal justice system there is a set of questions and decisions that are being made effectively and properly. This insures both fairness and structure to what is
The Australian police force is one of the most noticeable and influential agencies of social control within society. Because of this, the NSW Code of Practice signifies in attempting improving the liability of the NSW Police to the community it serves. The Code of Practice complements the NSW Police’s code of Conduct & Ethics by providing an ethical framework for police, by reinforcing the need for all officers to act with honesty and integrity. These codes are created upon members of the NSW Police acting in accordance to morals and values such as treating everyone with respect, courtesy and fairness and powers are applied correctly and sensibly. These ethics aim to improve the Police’s NSW Police Force Code of Practice as it requires officers to put good practice into place.
The Due Process Model Within the Criminal Justice System Abshire College of Southern Nevada Using the Due Process Within Our Criminal Justice System Introduction Prior to the American Revolution, no distinct American legal system existed. Each colony operated independently. Criminal codes, punishment, and courts varied from colony to colony. By the beginning of the Revolution, reformers had already wanted to establish a more unified and professional legal system.
A comparison between the Due process model and crime control model Within the criminal justice system, there are two competing models: the crime control model and the due process model. These two models were constructed by Robert Packer and each represents a particular school of thought. In managing crime, there is the individual i.e. the suspect and there is the society. 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 justice system is constant work in progress as the system must change and evolve to meet the needs, demands and requirements of the times we live in. The justice system and its statutes sometimes struggle to keep up with the ever-changing world; thus making them lag behind. As stated, one of the core functions of the justice system is to provide intervention programs for those individuals who are deemed to be at risk. Intervention programs do exist but still the justice system is overburden with many criminal cases. The inability of justice programs to work as they are intended to is seen as one of the significant problems facing the justice system.
Due process is the fair treatment of the judicial system by the Fifth, Sixth, and Fourteenth Amendments. This is the constitutional guarantee that one will be given the opportunity to be heard before they are deprived of their life and (discharge from all restraints or obligations unless convicted). (Schmalleger 631-632) And also guaranteed that the law will not be unfair in anyway and that the government will not in any way deprive any person(s) of their constitutional rights.
Although people in favor of centralized probation argue that decentralizing probation has its flaws such as local probation following outdated practices, I believe with the proper training given to local law enforcement they will be better able to train staff with the updated procedures and possibly make a change in a person’s
The responsivity principle states that clinicians should tailor treatment delivery that will produce the most effective outcomes depending on unique needs of the client. It is important that the therapist considers each offender individually and adequately assesses their cultural, mental, and physical needs. There are several advantages (pros) and a couple disadvantages (cons) to the therapeutic approach of the RNR model. The pros of this model are that treatment intensity is matched with individual risk level, dynamic issues that are directly linked with crime, and that specific treatment is tailored to individual offenders. By matching treatment intensity to risk level, offenders receive treatment that will be most effective in meeting their therapy needs.
Diversion programs have become a prevalent form of justice in the Criminal Justice System. Diversion can be two things; diversion from jail or diversion from the legal system completely. Diversionary programs have been developed in the Criminal Justice System throughout its many levels for a multitude of reasons. Often, they are spurred on by practical concerns including, but not limited to, over-crowded prisons, the high cost of the criminal process, and as an alternative approach to dealing with those suffering from mental illnesses. Diversion may occur both before and after a trial and are aimed at avoiding the trial process (pre-trial) and incarceration (post-trial).
Changing criminal behavior, not pausing it while incarcerated is what is needed to keep the public safe, making offenders aware of the destruction they have caused to society, and making them accountable via treatment programs and discipline. Unfortunately, upon release an offender may have set backs, being in a structured, disciplined environment, followed by complete freedom may prove bad for some. Many halfway houses are located far away from an offender’s residence, therefore even if employment is secured during treatment when released they return home to no job, or support, and are put back in the same situation. Community support is imperative in the effectiveness of halfway houses, sadly, many communities refuse halfway houses in their communities, lack of education and fear have been a huge
If community oriented programs are not becoming more of a priority for the at-risk children in the community, those children have a greater chance of entering the system and not leaving it. An example of this type of program is the Project Positive Action through Holistic Education. The program helps the students grow a link to schools. Project Positive Action through Holistic Education includes “peer teaching, school-pride campaigns, peer counseling services, job fairs, and career planning (Araki, 2003)” to help students prepare for the future and keep them out of trouble in the present. Juveniles should be able to leave the detention centers when finished with their sentences and join the real world without being pulled back into the Criminal Justice System.
Also, some critics of specialized courts are in favor of traditional adjudication and prefer to go “back to basics” even though evidence shows that specialized courts are effective in their goals in the criminal justice system. Upon an evaluation of the benefits that specialized courts has on a community by way of promoting positive change in individuals to better themselves and the community as a whole, it is recommended that the court administrator move forward with efforts to create specialized courts and support ongoing funding to sustain these types of problem solving
There are three components that make up the criminal justice system – the police, courts, and correctional facilities – they all work together in order to protect individuals and their rights as a citizen of society to live without the fear of becoming the victim of a crime. Crime, simply put is when a person violates criminal law; the criminal justice system is society’s way of implementing social control. When all three components of the criminal justice work together, it functions almost perfectly. For a person to enter the criminal justice system, the process must begin with the law enforcement.
A community model of corrections provides offenders with the necessary support to reintegrate successfully in to the community. Although some offenders are successful during reentry some become homeless, violate terms of their parole of re-offending out of desperation; financially they have no means or they’re looking for a faster way to obtain