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.
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.
Gilling (1997) mentioned different manners of interferences could be indicated from different theories through various methods and assistants, which applied in many cases such as stages in the provenance of crime. He concluded that the effect of criminologist suggestion in crime interference is different because of the focal point on research is divergent. One of the John Young’s researches: Thinking Seriously About Crime: Some models of Criminology has analyzed different prospects of criminology, which are Classicism, Positivism, Conservatism etc based on the idea of Policy Deduction. It is not just about revealing different forms of criminology, but investigating whether their intention is punishment or treatment. (Young, 1981).
Discussion 2_Preventative Detention 1. What is preventive detention? The pretrial detention of juvenile suspect is an important troubling aspect of the juvenile justice process. Courts are faced with the task of determining what should be done with a juvenile alleged to be delinquent pending a hearing on that issue. Preventive detention refers to the use of executive power to detain as a means of preventing future crimes.
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.
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.
1 Introduction In respect of criminal capacity there is an ongoing dispute about the defence of criminal incapacity due to provocation or emotional stress. This debate revolves around the application of logic and legal principles versus that of policy considerations. 2 Criminal capacity This element of the crime is a purely subjective inquiry into the state of mind of the accused at the time of the commission of the crime and is based on the principle of individual autonomy. The state bears the onus of proving criminal capacity beyond reasonable doubt. It consists of two legs, namely the conative capacity and the cognitive capacity.
Guilty people deserve to be punished in proportion to the severity of their crime. Crime is when an individual violates the laws and regulations of their country. Capital punishment is also known as death penalty. Capital punishment is the execution of an offender as a punishment for his crime. It is necessary for those who refuse to accept unjust administration of punishment.
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
It is assured that the fundamental purpose for our criminal law is to prevent crime, punish offenders, assist and protect. However, there are abounding cases where criminal law has punished a convict who was proved innocent . A conviction is necessary to display the order they obtain to keep people safe in society. If a criminal was not caught the people would look down upon the system. In many cases, the deputy will arrest an individual who seems to fit a certain description that they know will lead to an arrest.
In chapter 1, Sykes describe a multitude of justifications for imprisonment. According to Sykes (2007), imprisonment is the appropriate consequences of most serious crimes. For example, if an individual is robbing and killing people in a community, the appropriate response to such violent crime is to place that individual in prison. In The Society of Captives book, many prisoners alluded to the fact that if one if one is committing crime he or she should be ready to endure the hardship of imprisonment. Imprisonment is justified on these three grounds, deterrence, punishment and reform.
A case begins with law enforcement officials, who investigate a crime and gather the evidence to identify and use against the presumed perpetrator. The case continues with the court system, which weighs the evidence to determine if the defendant is guilty beyond reasonable doubt. If so the corrections system comes into play with incarceration or probation. In addition, this brings me to Kalief Browder. Many might not know this name, but the ones that do know the horrific story that follows.
So many question still remain on how effective both deterrence really are. General and Specific deterrence have good and bad effects on citizens. It prevents crime and some cases and fuels the rage in some. General deterrence focuses on preventing the crime before it happens. The thought of spending life in prison for committing a murder is very scary to me.
Within incapacitation, the general population may be deterred when this theory is implemented being that it imprisons offenders by physically removing them from the society when a criminal offense is committed. This punishment could possibly deter individuals because if someone knows they will be imprisoned for a crime that they’ve committed then that could possibly be deterred away from that crime. For those who are not affected and continue to reoffend, to deter them just desert or retribution should be applied. The implementation of what we know today as “an eye for an eye” could help decrease the recidivism rate. Deterrence can be gained through just desert/retribution; individuals may be deterred after if our correctional system takes on a just desert mindset of for “stubborn offenders”.