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.
In theory this would prevent recidivism because the true cause of the behavior would be resolved. The crime control period views crime as more of a rational choice and values punishment that is swift, certain, and severe in order to prevent/suppress criminality which threatens the functioning of a free society. This “us vs them” mentality supports greater prosecutorial power, increased usage of punitive processes like imprisonment/fines, and greater police power to deter
Retribution is punishment inflicted as a form of vengeance. Deterrence is the instillation of fear of punishment in a potential offender. Incapacitation in the context of corrections is setting punishments that prevent crime but not necessarily deterring it. Lastly, rehabilitation in corrections refers to the restoration of someone who is convicted back into society. Currently, the main focus of our corrections system is a crime-control model.
The relations from the problem-oriented policing model requires police departments to analyze the crime problems of the community. The final analyze leads the effective methods into the crime problems then the final aspect is to evaluate the outcome of their efforts. Community relations provides a strong resource in the problem-oriented policing application. Resources from the application then provide police officers methods to change the underlying reasons why high crime areas become recurring crime situations. It requires both the community as well as the police departments to form a strong relationship to evaluate the past crime methods than considering the best course of action to create different methods to combat crime in the community, (“Problem-Oriented Policing,”
It helps them to give the right punishment. Also, the 8th Amendment helps the government to be fair. That means, courts should give fair punishments to people who commit crimes. For example, the court can’t give the same punishment to someone who stole a CD and someone who killed a person. Lastly, the 8th Amendment gives no cruel punishments.
That is the reason for the “three strikes rule” meaning that if you are a convicted felon and have prosecuted for two felonies, the third time you incur a felony you will receive a harsh punishment. And that is the way it should be if you keep doing the same thing over and over that you have punished for it means you aren’t going to
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 analysis of the text offers the possibility to point out eight basic features which are not typical of the majority of civil law countries: 1) Criminal law is codified in one legislative act (the Criminal Code); 2) There is no concept of misdemeanor; criminal law is strictly distinguished from administrative law. It means that crime is strictly distinguished from other types of illegal behavior by the presence of a socially dangerous element; 3) There is no concept of administrative prejudice in criminal law due to the same strict distinction between criminal law and administrative law. Administrative prejudice in criminal law means that an illegal behavior is considered to be criminal when this behavior occurs within some time fixed by law after imposing an administrative sanction for the identical illegal behavior; 4)
1. Give your own brief definition of a 'law ' and describe how criminal behavior (i.e. behavior that violates the law) differs from socially deviant behavior. I consider ‘law’ to be a form written rules that is established by a governing authority and are enforced to be followed for all members for the good of the community and society as a whole. Criminal behavior differs from socially deviant behavior in several reasons. In the book the author explains that criminal behavior is “ behavior that commits act in violation of a criminal law,” where as deviant behavior is consider behavior that is differing from the normal standards of a society (Hemmens, Brody, & Spohn, 2013, p. 57).
Everyone knows what they are doing, they are aware they are ending a life, and living a life of violence, but something brought them into the gang and they focus their attention on that one thing to execute the tasks given to them. Towards the end of the video, the girl’s killer says this about the gang he wasted his life defending, “We fight to protect territory that isn’t ours to begin with. We cover ourselves with guns to show we are tough, but inside we are weak.” Like all of those guys in jail, like the girl who became a rat, and Chester who agreed to be a part of the video, they get to a point where all the killing, violence and drugs take a toll on them and they want out. To most of them there is no “out,” because they know the task of getting out is extremely dangerous and there is a slim to none chance of completing it alive.
Law enforcement is where our police force comes from, it includes the investigation of crimes, assessing situations, helping out the community, integration with kids, drug prevention programs, and making arrest. Maintaining peace, keeping social order and enforcing the law are crucial for a well balance society (Neubauer & Fradella, 2013). The importance of the court system branch is tremendous, it defines what will happen to an individual, how he is penalized, in charge of choosing whether those captured are lawfully liable, and if not to prove how the individual is innocent. According to Neubauer and Fradella (2013) the branch of the court system are directed by delegated judges and staffed with court columnists, court officers and lawyers.
What Makes a Criminal Defense Lawyer Ideal for You? There are times when we commit faults consciously or unconsciously or other times we are at a certain place at the wrong time, and whichever the case, being on the wrong side of the law has its consequences. When you have been accused of doing something wrong, particularly when the matter has been presented to a court of law, you must seek the services of a lawyer. Criminal lawyers are necessary for your case and can help you in respect to your circumstance.
Within the judicial and criminal justice systems, restorative justice is seen as a forward moving process in regards to the way in which the sentencing of offenders is handled (Britto & Reimund, 2013). Restorative justice works to focus on the needs of both the victim and the offender but incorporates the community as well as those who support both the victim and offender (Britto & Reimund, 2013). The approach of restorative justice in not simply a means by which society responds to and reduces crime but instead, provides an equivalently valuable social response to crime (Dancig-Rosenberg and Galt, 2013). Furthermore, the restorative approach places emphasis on the personal and relational harms which were caused by the crime while creating space for dialogue concerning the actual damage, whether directly or