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.
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.
Sentencing Sentencing occurs after a defendant has been convicted of a crime. During the sentencing process, the court issues a punishment that involves a fine, imprisonment, capital punishment, or some other penalty. In some states, juries may be entitled to determine a sentence. However, sentencing in most states and federal courts are issued by a judge. To fully understand the sentencing phase of criminal court proceedings, it is important to examine how sentencing affects the state and federal prison systems, learn the meanings of determinate and indeterminate sentencing, and understand the impact Proposition 57 has had on sentencing in California.
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.
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 are several types of sentencing that follows what is intended to be an impartial judicial proceeding during which criminal responsibility is ascertaining. Majority of the sentencing decisions are made by judges, although in cases such as death sentence cases, a jury may be involved in a special sentencing of the sentencing process. Unfortunately, sentencing decision is one of the most difficult made by any judge or a jury especially when it impacts someone’s life. Additionally, there are numerous sentencing models in the United States such as determinate, indeterminate, and mandatory minimum sentencing. First, determinate sentencing is a set term of incarceration and sentencing could potentially be reduced by good time.
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.
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.
The police agencies refer to various law enforcement agencies that aim at providing police related services to the general public. The principle roles of police agencies are to go after those people who have committed or engaged in specific crimes. Nevertheless, police agencies are entitled to other roles as well, for instance, they are responsible for imposing the law from enforcing speed limit laws to civil and criminal laws. In this case, a police agency is entitled to educate the general public about the laws and also communicating to the public when there is a criminal activity in a given area so that it creates awareness. Police agencies play the role of protecting peace among individuals by imposing the laws and setting measures against
The court has the responsibly of determining the innocence and/or guilt of any suspect during a judicial proceeding whether criminal, civil, and/or both. The suspect while involved in this component is identified as being a defendant, and will be afforded the opportunity to defend themselves against the charges brought against them as they obtained evidence is presented by the prosecution. Based upon the verdict of the court, the defendant will be either found guilty or not guilty of the alleged offense. If the defendant is found guilty of the charges(s), they will receive a sentence issued by the presiding judge who will determine the appropriate punishment established by both the state law and statute for the offense. After the punishment is imposed, the defendant is then remanded into the custody of the sheriff/corrections to carry out the
The Judiciary- Judges have an important role within the court system, because they are legal experts of the law if the prosecution and defence are in dispute. The judiciary mange and oversee the conduct of trails and they sum up them up for the jury in a criminal case. They also pronounce sentence if a defendant is found guilty. In order
It 's a common misconception that someone arrested for DUI must plead guilty in court. With a skilled defense attorney who can examine all the nuances of your individual case, you may very well find that you 're spared having to put your future on the line in this manner. You have the absolute right to challenge the procedures that were used during your arrest, the cause for which you were arrested, and the evidence being used against you. But you can 't do it alone. A skilled DUI lawyer can help you process the situation at hand and approach it from the most rational angle while protecting your every
Suspects commit crimes and often the victims are left wondering why the suspect’s rights seem to be more important than those of the victim. It does seem like an unfair game, the bully gets afforded everything, the victim left to suffer. In order for the justice system of the United States to stay the most balanced and civil rights friendly system in the world; suspects’ rights have to be respected and guarded so chaos doesn’t take over. Police officers through the years have gotten better with training and experience, guidance by prosecutors, and increased motivations to “do the right thing” to ensure suspects are processed correctly, and interrogated within the constraints of the U.S. Constitution. Seeing a conviction through to the end, the suspect afforded all protections under the law, and the victims seeing closure is the ultimate testament to how far law enforcement interrogations have come since Miranda.
I think that the court systems should have a little more power when it comes to choosing due process or criminal control. If the person is a first time offender and it is a small crime then I think they should have the right to defend themselves. On the other hand if the person is being prosecuted for the second or more time for the same type of offense or if it was an offense that is very bad then I feel that they need to be punished for the crimes that they have committed. I do believe that there should be balance because not all court cases need to be dealt with to the extreme of punishments but then there are some cases and individuals that never seem to learn so they need to be dealt with in a different way to deter them and others from committing those same
The Criminal Justice System is the system of law enforcement that is directly involved in apprehending, prosecuting, defending, sentencing and punishes those who is suspected or convicted of criminal offenses. The two main systems are the State and Federal: The state criminal justice system handle crime committed within their state boundaries while the Federal criminal justice system handles crimes committed on federal property or in several states; Federal crimes compared to state crimes are more severe and the jail times are longer. The Jury plays a central role in the justice system, in a trial the jury hears evidence, testimonies, and determines whether it satisfies the crime.