(Young, 1981). Classicism Enhancing informational knowledge is the purpose of its punishment, which allows people to conduct rational decision. Therefore, the proportional penalty is suggested to launch when they devoted violation that harms the society, which promoted equality that offenders need to be aware of.
Question #1 The paradigm of policy analysis is best described as a model that identifies patterns, defines an apparent problem (criminal behavior), and develops research designs and policies that address concerns produced by criminal behavior (Walker, Ch. 2). Given this, theory and research are essential to policy examination with emphasis on the theoretical advancement between the fields of criminal justice and criminology in how they report policy effectiveness (Cooper & Worrall, 2012). From a practical perspective continuing a policy that is wasteful of police time and resources if they fail to prevent or reduce criminal behavior.
Criminology has within its scope the process of reacting toward the breaking of laws, breaking laws, and making laws. The objective of all criminology is the development of a body of
For instance, “policymakers typically emphasize the instrumental purposes of their policies” (Best 220). According to Best in Social Problems, “they claim that the policy is intended to make a difference, to correct or improve a particular troubling condition in society”. Policies can also serve symbolic purposes because the policies embody values to help promote the structure of society (Best 220). Overall, these policies affect the way criminals associated with these crimes are prosecuted in the United States by providing explanation for prosecution. For example, with the War on Drugs, “many policymakers insist that legalizing drugs is unthinkable” (Best 221).
Firstly the investigation and evidence processes involved in criminal justice system in our country are addressed and then Its flaws are discussed further. At the outset of this chapter the researcher would like to state that after a detailed discussion over the problems certain measures are suggested which could be used to curb the problems and side by side would result in a fair and expeditious
One of the theories it speaks of is the Pyrrhic defeat theory. This theory states that the criminal justice system is created to function in a particular fashion in order to create an image of crime where crime is actually seen as the “threat from the poor”.(Reiman, 2010, p.5) “Reimans’s theory suggests that those who have power to change the system benefit from the way it operates: they can go on committing harms and accumulating wealth without punishment, while the country remains focused on street crime and poor minority criminals. ”(Leighton 2010) In order to accomplish this “The system must actually fight crime-or at least some crime-but only enough to keep it from getting out of hand and to keep the struggle to substantially reduce or eliminate crime.
PREVENTIVE THEORY Preventive philosophy of punishment is based on the preposition ‘not to avenge crime but to prevent crime’. It presupposes that need of punishment of crime arises simply out of social necessities. In punishing a criminal the community protects itself against anti- social act which endanger social order in general or person or property of its members. The real object of the penal law therefore, is to make the threat generally known rather than putting it occasionally into execution.
While the retributive justice system primarily focuses on the community response to offending, thereby totally ignoring the legitimate needs of the victims, the restorative justice system works on the idea of victim empowerment. Having said that, we also have to take into account the recent paradigm shift, which has been a result of the various movements against the deficiencies in the current criminal justice system. The Courts are slowly making certain changes in the sentencing policies by paying heed to the wailings of the victims, one major instance being that of the scope for victim compensation under the Code of Criminal Procedure, 1973. The Supreme Court has taken a pro-active role and resorted to affirmative action to protect the rights of victims of sexual offences. Since restorative justice is an emerging concept in India, previous research on this area clearly points out that the main difference between restorative and retributive approaches is the former’s emphasis on reintegration, restitution and reparation.
Summary Foucault work of “The Gentle Way in Punishment” describes the shift from the excessive force of the sovereign towards a more generalized and controlled forms of punishment. It emphasizing on transforming and improving the individual into a socius through public works and introspection. It discusses the crime and how it is dealt with in a more rehabilitating sense that specific crime need specific moral counterparts. For example, those who are lazy give the counterpart of work.
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
Correctional programs are used to make this adjustment do that once a criminal is released back into society, they will not choose the same means to reduce the outside strain caused by certain factors outside their control. I would argue that restorative justice is a facet of rehabilitation. Restorative Justice focuses on alleviating the harm that crime caused to society, the criminal, and the victim. The analogy given in class to explain restorative justice was also recapped in the book. Imagine Lady Justice, scales tilted on one side.
This research showcases and supports my thesis. The methods used in this article provides a framework for readers to think and look beyond what they are blinded to in society. The articles helps my thesis to show that stop and frisk is unlawful and unjustified and has affected the daily lives of innocent people. For this article to be strong in my research paper I will need a counter argument so my research is not biased and emotional.
Punishing individuals for wrongdoing is an ethical issue that is still current in modern day society. It can be argued that we need punishment for various different reasons. Without punishment, crimes would not be illegal and it would be hard to differ between what is right and what is morally wrong. Punishment highlights the need to focus on the consequences of our actions and show us what could happen if we go against the law. Punishment has the ability to make criminals better individuals through deterrence and rehabilitation.
Within the judicial and criminal justice systems, restorative justice is seen as a forward moving process in regards to the way in which the sentencing of offenders is handled (Britto & Reimund, 2013). Restorative justice works to focus on the needs of both the victim and the offender but incorporates the community as well as those who support both the victim and offender (Britto & Reimund, 2013). The approach of restorative justice in not simply a means by which society responds to and reduces crime but instead, provides an equivalently valuable social response to crime (Dancig-Rosenberg and Galt, 2013). Furthermore, the restorative approach places emphasis on the personal and relational harms which were caused by the crime while creating space for dialogue concerning the actual damage, whether directly or