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.
B. Restorative Justice There is some theoretical ambiguity in the meaning of Restorative Justice in spite of the many definitions and studies done on the subject. Restorative Justice has been defined as “an ethos with practical goals, among which to restore harm by including affected parties in a (direct or indirect) encounter and a process of understanding through voluntary and honest dialogue.” It is primarily concerned with the reinstatement of victims to life before the crime, restoration of the Offender to a well behaved and lawful life, restoration of the injury caused to the community and the creation of a better society in the present and the future. Restorative Justice is not easily defined because it covers a wide range of practices introduced at different stages of the criminal process, including diversion from prosecution, actions analogous with court decisions and meetings between victims and offenders at any stage of the criminal process. One widely-accepted definition of restorative justice was put forward by Tony Marshall which was also accepted by the United Nations Working Party on Restorative Justice, defined restorative justice as; “a process whereby all parties with a stake in a particular offence come together to resolve collectively how to deal with the aftermath of an offence and its implications for the future.” Zehr refined Marshall’s definition in the following way; “Restorative Justice is a process to involve, to the extent possible,
The purpose of law is that it is to maintain public order and social order in the country to ensure peace and security and to provide protection for people’s right such as life, liberty and property. Law can be distinguished between criminal and civil law. The criminal law is also known as public law which is designed to enforce or prevent certain types of behavior which can cause harm to society and to punish the offenders. If a person is charged for an offence under the criminal law, the state will intervene to prosecute the offender. If the person is found guilty of a crime, he will be punished by the state.
Laws define what is criminal, but it is up to the criminal justice system, and those who work within it, to interpret those laws when dealing out punishments (Goff, 2013: 29). Procedural law on the other hand, is how those laws defined in substantive criminal law get enforced. It is the criminal justice processes that an offender goes through, and includes safeguards to protect the accused as they make their way through these processes (rules of evidence, law of search and seizure, and right to counsel are the examples given). Procedural criminal law is often referred to as due process, but in the Charter of Rights and
Sociology of Law and Order Introduction The act of examining why people commit crime is very vital because it assists in knowing how crime is handled. Because of this, many theories have come up that try to explain why crime occurs and the possible remedies to the causes. When crime is committed, every society would have its own way of framing laws that can be used to punish lawbreakers. Thus, the kind of punishment given to a criminal depends on the society one is living in. what becomes obvious is that no matter what punishment the society gives, the decision is affected by theories of punishment.
‘’The principle of manipulability refers to the predictable ways in which people act out of rational self-interest and might therefore be dissuaded from committing crimes if the punishment outweighs the benefits of the crime, rendering the crime an illogical choice.’’(http://www.biography.com/people/cesare-beccaria-39630) Beccaria believed that the criminal justice system needed to be changed, he thought the present criminal justice system was ‘barbaric and antiquated’. Beccaria also believed that certain laws should be changed and who they should benefit. He believed the system should establish the appropriate punishment for each crime committed. Unlike many of the other theories ‘’On Crime and Punishment’’ wanted to help and protect the rights of the criminals as well as the rights of the victims, he believes that punishment of the criminals should be that which serves the greatest public good. Beccaria also put forward in his theories the first modern argument against the death penalty.
When a crime is committed and an individual is caught in the act, there is a set process that one follows to adhere to the rules of the criminal justice system. This method can be simplified by looking at the common flow of events: (1) an individual is arrested, (2) individual is brought to court, (3) individual receives a punishment. Though it may appear that the way in which the criminal justice system functions is sufficient, many voice the concern that there are certain key players affected by crimes that are consistently disregarded. These players are otherwise known as the victims and the community. As a result, many have hypothesized a new approach to justice that incorporate all aspects of crime.
When policy and claimsmakers label crimes as social problems, they do not always account for all representations of crime. They neglect to realize that crime is a reality that filters through a series of human decisions running the full scale of the criminal justice system (Silver 265). Jeffery Reiman states within “A Crime by Any Other Name” that, “although there is a wide range of behaviors that the law defines as criminal, people tend to view crime as involving only certain kinds of acts committed by particular populations of individuals”. For example, the rhetoric presented within the War on Terror in the United States lead to moral panic which exaggerated and distorted perceived deviant behavior (Silver 330). Similarly, the rhetoric presented
The word "ethics" is derived from the Greek word ethos (character), and from the Latin word mores (customs). Together, they combine to define how individuals choose to interact with each other. In philosophy, ethics defines what is good for the individual and the society, and establishes the nature of duties that people owe to themselves and one another. Ethics involves making moral decisions on the right and wrong, good or bad situations presented to an individual, which may not be based on what is true; but, what is deemed as normal circumstances of acceptance. Criminal Justice being the foreseen profession of my choice, to be a member of, takes into consideration professional ethics that vary vastly across the board.
This means that this moral obligation comes before the moral obligation to obey the law. Obligation to obey the law is only redundant since it is derived from these other moral obligations. If people refrain from doing immoral actions, it is because those actions are morally forbidden not because of the laws that prohibit