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.
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.
It is assumed, that crime is having a purpose behavior designed to meet the offender’s common place needs for such things as money, status, sex and excitement, and that meeting these needs involves the making of decisions and choices, constrained as these are by limits, ability, and the availability of relevant information. In addition, (Alkers, R. 1990) rational choice literature takes a strong quantitative modeling approach derived from econometric modeling, which advances our ability to test complex models of criminal behavior and the criminal justice system, Rational choice also has inspired some empirical work on decision making in specific crime and crime events as well as in criminal justice policy, both of which were projects that might not otherwise have been
Why We Punish & Different Ways Criminals are Punished Why does the criminal justice system of America punish criminals? The answer lies in the words “justice.” The term justice can be interpreted in many ways. Criminals are punished to: make people abide the laws of their country and state, put an end to illegal activity that could be harmful to themselves or the community, protect the public from evil, prevent crime from rising in certain areas. These are just some of the reasons why criminals are punished. There are also different approaches to punishing criminals such as: sentences that fit the crime, community service, the death penalty, and rehabilitation.
Ahmadi’s 2003 concluded in his research: “Crime mapping and spatial analysis are important tools for mapping, analysis, and visualization of crime data. Adapting spatial clustering (block) analysis to support crime analysis and decision making. Law enforcement has been using these methods to examine the associations between crime and environment features, to allocate resources for crime prevention in areas where they are most needed.” He also added that best crime analysis should create a good crime prevention policy and planning. Essentially good management would reduce crime rate when it follows new information
Let us break down what justice is; justice is behaviour that is just or fair. So the justice system is the system that enforces the law which involves apprehending the accused, prosecuting the accused, defending the accused, sentencing and punishing the guilty. The justice system makes sure that every citizen is heard for and is helped according to what has happened to them. The criminal justice system today When a person commits a crime there are different levels of punishment and decision making if a person has committed a minor crime like speeding, littering, shoplifting, prostitution, vandalism being drunk, possession of drugs etc. They are either given tickets and left off with a warning or spend 1 night in jail some of the cases like vandalism will require them to do community service and others like drug possession can land them into jail for a few years.
Crime occurs in the United States on a daily basis, it ranges from crime as low as a misdemeanor to crimes that will result in a death penalty. With the tremendous amount of crime occurring in the country there are ways the federal and state governments keep records of the crimes allowing the citizens to seek information about crime rates in certain areas of the country. This information also allows the country to calculate the national crime rate, which in return allows us to know the risk we have of falling victim to serious crimes. There are several ways to gather data on crime, the Uniform Crime Report (UCR), National Incident-Based Reporting System (NIBRS), and The National Crime Victimization Survey (NCVS) are among the most notable sources that provide data on crime. Though these sources have their strengths in reporting data on crime they also contain flaws that can affect the outcome of accurate reports.
1 Introduction In respect of criminal capacity there is an ongoing dispute about the defence of criminal incapacity due to provocation or emotional stress. This debate revolves around the application of logic and legal principles versus that of policy considerations. 2 Criminal capacity This element of the crime is a purely subjective inquiry into the state of mind of the accused at the time of the commission of the crime and is based on the principle of individual autonomy. The state bears the onus of proving criminal capacity beyond reasonable doubt. It consists of two legs, namely the conative capacity and the cognitive capacity.
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.
In this paper, I will be arguing the concept of what crime is through the situations and the outcomes shown in Crime and Punishment, with the help of true to life crimes. Crime is an integral part of Dostoevsky’s Crime and Punishment. Crime by definition is “an