Examples Of Preventive Detention

The correctional system consists of many different government agencies that are responsible for protecting the population from dangerous individuals who may bring self harm or bring harm to others. The correctional system is made to keep everyone safe from those who are considered a criminal or convict. Punishment and rehabilitation are two of the methods used for those who have been categorized as criminals. Punishment consists of parole, probation, imprisonment and death whereas rehabilitation consists of redirection for an individual that has been convicted of a crime. Rehabilitation is a method that could be a mental aid for someone who may possess a mental illness depending on the severance of the crime.

First, Freedom from Cruel and Unusual Punishments protects us from unacceptable actions due to the suffering or pain it inflicts on the person. “The U.S. Government has taken into custody individuals… held for months in solitary confinement without charge.” “Eroding Liberties”(“ACLV”). If you’re held in custody that doesn’t give anyone the right to punish you or hurt you to get information out of a witness or suspect. “Were subjected to a pattern of physical and verbal abuse.”

The rules that officers must do to arrest a suspect are designed to protect their physical safety and also to avoid making a legal mistake that can lead to ruining the prosecution 's trial case. During the time of the arrest the cops are to read out the suspects Miranda rights. The Miranda rights were done in the U.S. supreme court ruling Miranda v. Arizona which set the rights to remain silent, and anything that you say can be used against you in a court of law etc (Miranda rights). Police Officers violate people 's rights by unreasonable searches through their houses or pulling them over. In a matter of fact, they have to have a reason why they stopped you and need a warrant issued for searching you.

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.

HAVE YOU EVER BEEN ARRESTED BEFORE? It’s never something easy to go through. With the whole stopping everything you doing, and then taking time out of your day to go down to the station to be interrogated. Wait. I’m missing something there.

One of Gopniks main point states that the Bill of Rights emphasizes process and procedure rather than principle. What this means is that a criminal can abuse his rights for his own protection. For example Gopnik quotes Stuntz by saying that a criminal can get off a charge simply because the officer who made the arrest didn 't have a proper warrant. This proves the basis of the Bill of Rights following the one track minded belief that process and procedure is the only way to properly operate a system. Both Stuntz and Gopnik believe that the Bill of Rights could be the cause of the unstable justice system that plagues our communities today.

These amendments might give the civil rights to criminal suspects a reason to escape from charges or excuse for a crime from the police. The Supreme Court rulings

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 processes of finding a criminal needs to be reasonable and have a cause. Callahan does as he pleases and does not get the proper paperwork when chasing after the criminal. This is not helpful as the criminal is then freed because of the lack of procedure followed. He has good and noble intentions for what

This paper will demonstrate the effectiveness of Braithwaite’s reintegrative shaming theory in preventing recidivism among juvenile offenders depending on the crime committed. Although some research has suggested that reintegrative shaming can only be effective before the offender senses they are becoming an outcast within society, research also shows that the stigmatization of labeled offenders is often commenced by the harsh punishments placed upon them by the criminal justice system in the hopes of deterring future crimes. The research presented will elaborate on the effects of reintegrative shaming in attempts to prevent recidivism in crimes such as white collar crimes and drug and alcohol offenses on a college campus. There will also be

RICO has advanced the understanding of crime in criminal occupations and has been able to advance their knowledge of illegal behavior. I also believe that in order for someone to be indicted under the RICO act they must have knowledge of crimes they are committing. In order for the defendant to be liable he or she should have mens rea to establish that the crime committed was thought out. This is important because if the defendant had no knowledge of a connection with any sort of conspiracy they cannot be considered as a conspirator. I think another reason for it to be unnecessary is because the individual must have at least two allegations on them of racketeering offenses in order to be qualified to be accused of RICO.

People use this as an excuse to criminal liability because mental illness is covered under section 16 of the Criminal Code. The insanity defense prevents a mentally-incapacitated person from

Children have been found to experience much higher levels of communication difficulty in the criminal justice system and this diminishes their ability to give evidence with the coherence desired by the court to facilitate prosecution of crime. In the case of R-v- Green youth court, the court held that There was no absolute right for a defendant to be allowed to face his accusers. Special measures to protect a vulnerable or intimidated witness from the accused would not normally be applicable to a defendant witness, but other means were available to a court to assist a defendant in ensuring that where he had communication difficulties, his case was put across properly. The court had an obligation to achieve fairness in each particular case, and that requirement was met by the system. This application was dismissed but the ruling gave critical understanding that a child under 17 years qualifies to be a vulnerable witness if they have communication difficulty and vulnerability was more circumstantial than mere age

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.

The United states have a restriction of the juvenile sentencing when they accused of crime under the judicial system, which means they were sheltered, and It is unconstitutional to sentence a juvenile to life in prison without parole, unless they have committed a very serious crime. I think that the juvenile sentence restriction did just about right, the restriction covered pretty reasonable age range, under 18, just before turning into a adult, and reasonable rules, “may not sentenced to life in prison without parole.”. It created to give the children one more chance, because they were still shapeable than a adult who has already developed their character, they deserve a chance because even though the laws are cruel but we have humanity, and