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 the past, the response to cases involving criminal injustice has been to punish the offender. Restorative justice, however, suggests an alternative approach which attempts to shift the response from punitive to repairing of damage and fixing of the problem. It is a process whereby all the parties to a particular offence come together to respond collectively on how to deal with the consequences of the offence and its implications for the future. Restorative justice does not only help the victim and the offender but also involves the communities they live in, which includes the families of both victim and offender. Communities are also by crime and should be considered as secondary victims.
Michel Foucault: Discipline and Punishment Crime is inevitable in society, whether it be in traditional societies or in modern society. However, with an action, there always has to be a consequence, however when breaking the law, the consequences are rather bad, and sometimes harsh. This is called punishment. Discipline is enforcing acceptable patterns of behaviour and teaching obedience. In an excerpt called Discipline and Punish, contemporary theorist Michael Foucault explains these two concepts.
Many people have different viewpoints as to what criminal justice and criminology are, in my point of view I believe these two terms have a distinct definition and action. Although they might sound somewhat similar based on the textbook criminal justice is said to be defined as “institutions, policies, and practices with the goal of maintaining social control through sanctions and rehabilitation.” and it also states that criminology is “academic discipline that investigates the nature extent and causes of criminal offending”. In my own words, what my understanding of criminal justice is that it refers to the system of law enforcement, courts, and corrections in the U.S. that includes actions from the government in which aim to lessen the occurrence of crime, uphold social control and apply consequences for those who violate the laws. On the other hand, my perspective of criminology is more on analyzing why crime happens. It explores the different types and causes of crime and their consequences.
Mr Cowdery, a retired DPP officer said, "judges needed discretion in sentencing to ensure the punishment fitted with the circumstances of the crime and the criminal themselves". Mandatory sentencing poses a large threat to society, due to the limitation on a judge 's ability to sentence in accordance with the severity of the offence, an individual may receive a punishment much harsher than they may
H.L.A Hart in his book ‘Punishment and responsibility criminal punishment and justice system (1968) the punitive measures of the punishment in the society by deterrence, by incapacitation, by rehabilitation. The guilt and innocence can figure principles for the criminal punishment. The punishment of nature involves guilt as well as suffering. The punishments are made for the wrong that vows committed. The punishment is awarded by vicarious and collative punishment the punishments as represented punishment and responsibility.
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.
“Punishments intended to shame offenders for wrongdoing, popular throughout history, are once again on the rise” (Reutter, 2015). Shaming penalties attempt to humiliate and embarrass criminals to serve as a deterrence for criminal activity. Shaming has long been associated with methods of social control throughout the world’s history (Golson, 2011). The three main components of the criminal justice system; policing, the courts, and corrections have played a significant role in this social process, predominantly the correctional system and the courts, from which many of the shaming methods were disseminated (Golson, 2011). The earliest human shaming elements were much less formal and often involved society’s citizens policing themselves in
Nonetheless it is imperative while examining crime to consider various issues which bring up a few significant issues with respect to the way crime is seen in the society. Investigating inquiries, for example, who makes the tenets of society (laws) and why, is imperative as any response to this inquiry is supported by examination on social power, political power, class distinction and the way crime is socially constructed. Social standards and values fluctuate fundamentally crosswise over diverse societies, religions and social orders. Despite the fact that it can be said that when these social norms are upset, the "breaking" of social "principles" can be unlawful, in which case it turns into a demonstration of crime, it is likewise essential to separate in the middle of crime and deviance which both incorporate the violation of social standards (Akçomak and ter Weel,
The modern concept of human rights is rooted in the experiences of ‘legal lawlessness’ when crimes were committed with the authorization of the law, and when some human beings were denied their status as such. An answer to these experiences was the emergence of the international human rights law 2. The main aim of this branch of international law is to prevent broad violations of fundamental rights from recurring in the future. Appreciating the worth of every human being, the international community decided to eliminate elements that could destroy the individual person, but also to create the conditions that would enable him or her to develop and flourish 3. Accordingly, the Preambles of Universal Declaration of Human Rights provides that the