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.” “Eroding Liberties”(“ACLV”). The Cruel and Unusual Punishment Clause states that it restricts the severity of punishments that state and federal governments may impose upon persons who have been convicted of a criminal offense.
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 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 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.
The Judicial branch enforces the Miranda right laws by when a person is convicted of a crime and has been arrested by a police officer, but hasn’t been read his rights most likely the charges will be dropped. One of the biggest cases on this was the
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.
The Eighth Amendment protects criminals from punishments. 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.
This is against the protection found in the US Constitution under the fourth amendment. 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