Diversion programs have become a prevalent form of justice in the Criminal Justice System. Diversion can be two things; diversion from jail or diversion from the legal system completely. Diversionary programs have been developed in the Criminal Justice System throughout its many levels for a multitude of reasons. Often, they are spurred on by practical concerns including, but not limited to, over-crowded prisons, the high cost of the criminal process, and as an alternative approach to dealing with those suffering from mental illnesses. Diversion may occur both before and after a trial and are aimed at avoiding the trial process (pre-trial) and incarceration (post-trial).
Introduction Crime, its punishment, and the legislation that decides the way in which they interact has long been a public policy concern that reaches everyone within a given society. It is the function of the judicial system to distribute punishment equitably and following the law. The four traditional goals of punishment, as defined by Connecticut General Assembly (2001), are: “deterrence, incapacitation, retribution, and rehabilitation.” However, how legislature achieves and balances these goals has changed due to the implementation of responses to changing societal influences. Mandatory minimum sentences exemplify this shift.
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 gradual shift in the approach of the Supreme Court is a positive sign but other organs i.e. the government and the legislature have to make conscious efforts to consider the rights of the victims.
Nevertheless, the courts are run by judges, all of these are to ensure a fair trial for the accused. Finally the corrections, when there is a conviction and the charges given for jail time the defended will be sent to the corrections system for punishment. As it concerns the victim civil court proceedings as victims speak out more against wrong doers, the offender will know there are consequences. It allows the victim to feel empowered verse being afraid or feelings of hopelessness. Victims need to know they have the right to restitution and compensation as a financial means of recovering for lost of wages, hospital bills, counseling cost, and/or property damages.
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. In fact, this argument is supported by the many cases of malicious prosecutions and mistaken identities.
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.
Crime victim compensation is a government program that reimburses victims of violent crimes. Victims can get compensated for assault, rape, and homicide and their families can be reimbursed for many of their out of pocket expenses (Karmen, 2016). Every state has a crime victim compensation program that allocates funds to survivors of violent crimes that is funded by fees collected from criminal offenders and a federal grant through the Victims of Crime Act, administered by the U.S. Department of Justice. In order to be eligible for compensation the victim must report the offense within a certain amount of time, cooperate in the investigation and prosecution, and file an application within a set time. The expenses covered by compensation vary
Over the last 40 years, we have spent trillions of dollars on the failed and ineffective War on Drugs (Aclu). Drug use has not declined and drug markets are become more resilient to the mass incarceration of drug offenders. There is always another drug dealer standing by, ready to replace the one who has been sent to prison. Along with the War on Drugs, the changes in sentencing policies contributed to higher levels of incarceration at both the state and federal levels.
Criminal law brings the power of state, with all its resources to bear against the person. Criminal procedures are designed to protect the constitutional rights of individuals and to prevent the arbitrary use of authority of the part of the government (Miller, 2013). The United States government provides specific safeguards for those accused of crime and most of these safeguards guard individuals against government actions, as well as federal government actions of the due process section of the Fourteenth Amendment. The constitutional safeguards are set forth in the Fourth, Fifth and Sixth Amendments. This paper describes the 4th, 5th and 6th Amendments from the viewpoint of adult and juvenile criminal court proceedings.
The three basic reasons juveniles are waived to adult court are: 1. To remove juvenile offenders charged with heinous violent offenses that frequently generate media and community. 2. To remove chronic offenders who have exhausted the resources and the patience of the juvenile justice system. 3.
Sex offenders come in all status, all colors, creed, and background. But, they still have certain unalienable rights. All persons have the right to be tried in civil or criminal courts and proven guilty. This takes us to the uniformity act in our judicial system. I agree that if a person is young or old, rich or poor, black or white, the law should be enacted and due process enforced.
4 – Question #11: (Ch 9) Juveniles may be represented by several different types of individuals in court, this includes: court-appointed and private lawyers, public defenders, special advocates, and guardian ad litem – who represents the juvenile often depends on the case its self. To begin, a court appointed lawyer may either be an attorney or a public defender – both of which represent defendants who do not have the financial income or money to obtain a private lawyer. An attorney is typically drawn from a roster of practicing attorneys in the jurisdiction of the case. On the other hand, a public defender is a full-time salaried employee.
Victim witness programs are used by the government in order to provide support and assistance to those who fall victim to a crime. According to Victim Witness Program, the primary goals of such programs, include but are not limited to, encouraging victims to participate in any parole and supervised release processes of their offender, notify and facilitate victims in participation of any hearing or release dates in regards to their offender, provide options for supportive services, and advocate for crime victims (2015, para.1). The organization under which the victim-witness program is located is under a system, which has many internal constituencies, thus creating competing and conflicting purposes. The goals of the victim-witness program are quite simple and seek out to give the victim the right to be represented during the processing of the offender, however, given the multiple roles the court, for example, must serve, the goals of the victim-witness program can be both complex and conflicting.
Policing in today’s society has been impacted through a multitude of influences including social, political, and economical to name a few. One factor that has, in more recent years, left its imprint within policing is race. Race, brings up the subtopics of ethics, corruption, accountability, and public views on policing. The following paper will discuss these subtopics to help further understand why and how race plays such a significant role in current day society and policing.