Crime is an immoral form of behaviour. Punishment is because people choose to commit a crime. The punishment should be severe enough to prevent criminals from committing a crime. The punishment should fit the crime. The role of the government is to ensure crime by enforcing laws and ensuring that whoever breaks it should be punished.
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. The differences The due process model is pegged on the belief that it would be better if a criminal found innocent goes free rather than have one innocent person in jail. On the other hand, the crime control model argues that it is better to have a innocent person detained, questioned, tried and found innocent then let free than have a society full of criminals roaming
Despite the disputes and controversies its potential capacity of regulating moral conflicts in a modern world is underestimated. Society is in the position to implement this strong moral act to show that there is no way to escape the consequences of wrongful deeds. The benefits of elimination of dangerous criminal elements, deterrence, reduced incarceration, shortening of sentence expenses and the safety of the community are the result of capital punishment implementation. . Even though, changes should be introduced to the system of penalty to adjust it to the needs of each particular community, it is still one of the most effective measures of combating and prevention of the crime.
It is also used to describe nonutilitarian theories of punishment based on justice and desert. In its third sense, the term retribution describes punishment that serves a utilitarian purpose: to vent public disgust toward criminals and, as a consequence, to increase respect for the law and eliminate the likelihood that citizens will "take the law into their own hands." Whatever meaning is attached to retribution, the paradigm does not become less desirable than other modes of capital punishment on "retributive" grounds. It is an inappropriate application of the criminal sanction to impose a crueler sanction simply to inflict more suffering upon the offender. Retributive
A person is blameworthy where he or she consciously and knowingly breaks the law and not as a result of an accident or mistake of fact. A defendant must have acted consciously below the designated level or standard of care that a reasonable man would have, given similar circumstances. Strict liability offences at times may punish defendants who have not chosen to violate prescribed laws. In this case, based on a retributive theory, such defendants do not ‘deserve’ to be punished. Also, sometimes an innocent individual may be sacrificed by being punished for the sake of the majority.
There is no doubt that anyone who breaks the law deserves to be punished accordingly. The punishment does not necessarily need to be a prison sentence; it could be community service, hard labor, or a heavy fine. However, there should be some variation of punishment because if there is no reinforcement it sends a message. This message is what the public society receives from celebrities convicted in the news. The message relays that breaking the law is acceptable and will not hold an individual accountable.
Stopping human beings from committing crime is a very difficult task but we could use many different approaches to help reduce the number of crimes which are committed. Punishment has being the greatest deterrence to commission of crime. Classical theory say for punishment to be effective it should be swift, severe and certain. If people believe that the legal penalty will inflict more pain that the produced gain in committing crime them they would refrain from crime. Uniform police officers on patrol are also another form of preventing crime.
The issue of capital punishment is not a black and white in any way. There are both rational and reasonable arguments for and against capital punishment, even within the criminal justice community itself. Furthermore within our nation’s history there have been times that capital punishment has been abolished, even if only temporarily. The only obvious things about capital punishment is that it is and probably always will be a hugely controversial issue in both our nation’s and human history. Proponents of capital punishment would argue that one major reason that our country allows capital punishment is to deter crime and to punish violent criminals who commit atrocious and horrific crimes.
This sentence is to eliminate preventable death tolls nationwide. The theory of deterrence is that people who do wrong will fear punishment, causing them to act within the law. There are two different types of criminal deterrence, specific and general. Specific deterrence focuses on lessening the probability of having a repeat offender. The Three Strikes Law plays in accordance with this type of deterrence.
In terms of legality, it seems that positive results excuse the detective's behaviour with the hard-boiled genre having a general attitude of acceptance on this. However, the novels do suggest the fragile position of the detective as it is a matter of making a wrong decision that can turn make their questionable methods turn against them; they might become criminals even though it was not their intention. The implication in terms of morality, suggests the question of morality could be above the law, yet at the same time creates an ambiguous space where the detective's morality has to be genuine as they become the judge of the criminal's fate. Chandler's agues that the hard-boiled detective is a man of honour, yet as argued before, the detective remains on a fine line between legality and criminality and, therefore, it is more complicated than being certain that the detective is good of heart. At the end, the PI have more benefits than the police due to their position of being an outsider and being able to defy the rules, however, they can only get away with it as long as they bring the criminals to justice and remain on the side of legality.