In the book On Crimes and Punishments; the author; Cesare Beccaria talks about the justice system and the changes that he believes will make society better for all the citizens. In many of Cesare Beccaria’s statements he argues that to lower crimes, all citizens should be treated equally to have society properly function. Despite the changes that Cesare Beccaria made on equality, there is still a lot of hard work to be done to attain equality worldwide even to this day. Beccaria believes that certain aspects of the law have to change so that everyone could be treated the same even if they are of a different class divisions as well as if they have been accused of a given crime. Beccaria address’ the issue of inequality by stating that ‘‘less …show more content…
Since the laws were written in Latin, it made it very hard for everyone of all class divisions to know their rights as well as to follow them. Beccaria believed it to be unfair as well as unequal that the laws were written in an uncommon language that most people couldn’t read. Beccaria states that; ‘‘this places them at the mercy of a handful of men, for they cannot judge for themselves the prospect of their own liberty or that of others’’ (12-13).This is unequal to the lower class seeing as they have done less schooling and don’t know Latin. This puts the people that are in the higher class to an advantage for they can manipulate the laws as well as even change them if someone of a lower class is accused of a crime. To further the inequality the higher class could get away with crimes and the poor class could get much harsher punishments that the law requires them to …show more content…
Linking this back to my previous statement, the accused needed to be trialed. The first problem that arises is the fact that the judges can rule how they please towards the accused. We all have times when we feel better than others and this can affect our reasoning as well as our attitude towards certain aspects of life. This statement also applies to the judges when they are in court. Naturally they are supposed to determine whether the accused is guilty of the crime that has happened and come up with a reasonable and suitable punishment but some judges let their personal affairs get in the way. While this might sound strictly unjust to the accused, the judge displays signs of inequality when he or she lets signs of weakness from the victim affect their final verdict. The judge is there to assign a verdict as well as give out the proper punishment that is associated with the crime that was committed. If the judge changes their decision based on their point of view as well as how they feel towards the accused this means that the judge is bias. This creates an inequality between the accused members because if different people have been accused of the same crime and get the same judge they might get different verdicts depending on what the judge thinks and feels about them. Beccaria states that ‘‘we see the same court
...sent in the justice system. Through comparison, Miakaelsen proves that healing must be a sector of concentration in justice, if society aims to retrograde the complications created by a crime. As a result of punishment being a fixation in justice, legislation is directly contributing to detriment of our society. By remaining focused on punishment, our governance is failing to erase the taint crime inflicts upon our nescient society. As citizens, we must manifest together to demonstrate our support for justice which focuses on restoration, rather than retribution. Otherwise, with solely punitive measures in place, this cycle of lawlessness will remain incessant. Is this reality of harsh discipline still acceptable if there is no obvious benefit from these methods?
Victor Rios is a previous gang member, whom “was given the opportunity” to get out of the youth control complex. In his book “Punished”, he analyzes the experiences of young black and Latino boys in Oakland, California. Rios gives us an intimate description of some of the everyday forms of “hyper discrimination” these minority boys experience. This book review will focus on the main concepts explained in chapters one through three from the book Punished: Policing the Lives of Black and Latino Boys.
I take into consideration that instead of authorizing the state or professional to ratify and speak their mind, the most relevance to a case the court should take into consideration of what the victim seems fit as a fair punishment or payment in forms of restitution, whether it is labor or monetary to then go along with the judge 's sentence. “The Charter, apart from other things, sets forth that the victim should enjoy the same rights as the culprit. But it is not enough to put this in writing, the law has to be changed in such a way that the victim is not only not deprived of his say, but has rights at least equal to those enjoyed by the accused”. I agree with the previous quote due to the fact that victims should not be deprived from speech and equality. I believe that by having the original parties engaged rather than being driven to the side, society will be more concerned to make sure that everyone is given fair, equal and consistent resolution to a conflict. This would establish that the neighbourhood and state have a set of shared values and goals that they are working towards to support social order. “At present, the role of a victim of a crime is only at the periphery of the criminal justice delivery system. Once the first information is furnished, the only stage at which the victim comes into the picture is when she is called upon to give evidence in court by the prosecution. The victim virtually
The judicial system we know today has changed in many ways. One of the ways this system changed is how they reach a verdict, In the modern day long investigation have to take place and reliable evidence has to be shown to the court so that there is less chance that the accused could be misjudged unlike the medieval times were it was common that people were misjudged. The medieval period taught us that we have to be sure of which person is guilty and innocent. Unlike believing one Man’s word like the medieval
The individuals within our society have allowed the people to assess and measure the level of focus and implementation of our justice system to remedy the modern day crime which conflicts with the very existence of our social order. Enlightening us to the devices that will further, establish the order of our society, reside in our ability to observe the Individual’s rights for public order. The governance of our present day public and social order co-exist within the present day individual. Attempts to recognize the essentiality of equality in hopes of achieving an imaginable notion of structure and order, has led evidence-based practitioners such as Herbert Packer to approach crime and the criminal justice system through due process and crime control. A system where packers believed in which ones rights are not to be infringed, defrauded or abused was to be considered to be the ideal for procedural fairness.
Viewing a judge's sentence creates a divide in society. Will the accused be offered a fair trial? Could t...
David Penberthy’s article ‘Let the penalty fit crime’ (2016) argues in support of a new plan, thought up by the nurses union, to deny treatment to violent drunk people who terrorise hospital emergency rooms. He also claims that this zero-tolerance plan could be used to resolve other violence related issues in Australia. Penberthy presents some strong points in his article but his failure to include all viewpoints on this issue and to consider any possible negative outcomes of these plans weakens his arguments and makes them sound biased rather than well rounded and thorough.
I do agree with his main aspects of punishment being severe, swift and certain. It is important to be severe to ensure that the consequence outweighs the benefits of the crime. Swiftness is equally as important in deterring crime. Beccaria stated, “Promptness of punishment is more useful because when the length of the time that passes between the punishment and the misdeed is less, so much stronger and more lasting in the human mind is the association of these two ideas, crime and punishment… one as the cause, the other as the necessary inevitable effect” (Schram and Tibbetts). Lastly, I agree with certainty being the most important component. The certainty of punishment has the strongest impression on individuals because they are aware of the repercussions for their actions. In addition, general deterrence and specific deterrence are also pivotal. Punishment is not limited to deterring a specific criminal, but it is intended to prevent all individuals from committing
Society expects the criminal justice system to provide justice for everyone by protecting the innocent, to punish and convict the guilty, and to rehabilitate them in an attempt to stop them reoffending. It is supposed to give fair justice to everyone, regardless of gender, but much is written that suggests that the criminal justice system is gender-biased. Gender bias was not formed by the justice system, but it does reflect the fundamental conditions and attitudes of society. The cost of gender bias to society, the criminal justice system, and to the people within it is enormous. To discuss if the criminal justice system is gender-biased, an understanding should be reached regarding what is meant by the term
As an Italian lawyer and legal philosopher, he saw the then-actual criminal law as a messy jumble of laws, customs, and traditions that were being derived from ancient Roman and German cultures. This traditional law included criminal justice practices such as the use of torture to secure a confession and capital punishment. Beccaria not only believed that these methods were erratic, but ineffective. He also believed that these practices did not serve the public to its greatest potential of justice. Beccaria’s desired goal was to rationalize this jumble of laws into a uniform system that demonstrated the spirit of innovation and consistency, with principle and predictability. He would then publish the influential treatise, On Crime and Punishment, in 1764. He believed that those who abused the judicial system of its powers, did not serve the greatest good of the public. Arguments such as, justice being executed among the public, judicial torture being eradicated and deemed as inhumane, and how the accused should have a presumption of innocence until proven guilty; would be of the included within the
In this essay, I will argue for the implementation of the death penalty. I will establish a clear-cut profile for a criminal to be eligible for death row. I will put forth arguments for and against the death penalty as supported by various groups and try to defend my position. I shall also try to criticize the case against the death penalty with individual arguments. Finally, I will demonstrate that no alternative to capital punishment can be reached and try to convince you for its fairness. Despite ethical and moral concerns, the issue of capital punishment must not be dismissed without serious consideration and scrutiny.
As citizens of Earth, we are required to live by certain rules designated to maintain order through out society, but we know them as laws. With such a complex idea there has to be a companionship by which officials dictate who breaks these rules and how they are punished. Thus the justice system was born. The concept of justice is a byproduct of the system but is just as important. Individuals must know and understand judgment to know whether or not justice is being served. These ideas coincide so profoundly that you need both to make sound decisions. The novels Disgrace by J.M. Coetzee and Crime and Punishment by Fyodor Dostoevsky examine the individual’s responsibility to the justice system and how it affects the group as a whole. Through the fates of Lurie and Raskolnikov, Dostoevsky and Coetzee make self-policing the most important factor in societal justice.
Punishing the unlawful, undesirable and deviant members of society is an aspect of criminal justice that has experienced a variety of transformations throughout history. Although the concept of retribution has remained a constant (the idea that the law breaker must somehow pay his/her debt to society), the methods used to enforce and achieve that retribution has changed a great deal. The growth and development of society, along with an underlying, perpetual fear of crime, are heavily linked to the use of vastly different forms of punishment that have ranged from public executions, forced labor, penal welfare and popular punitivism over the course of only a few hundred years. Crime constructs us as a society whilst society, simultaneously determines what is criminal. Since society is always changing, how we see crime and criminal behavior is changing, thus the way in which we punish those criminal behaviors changes.
Offenders are protected today by both the rule of law, ensuring that all offenders are treated equally, regardless of their age, sex or position in the community, and due process, which ensures that all offenders are given a fair trial with the opportunity to defend themselves and be heard (Williams, 2012). Beccaria’s emphasis on punishment being humane and non-violent has also carried through to modern day corrections. It is still the case today that offenders must only receive punishment that is proportionate to the crime they have committed and the punishment is determined by the law. The power of the judges and the magistrates to make decisions on punishment is guided by the legislation and they do not have the power to change the law (Ferrajoli,
In this essay, Beccaria requested a different approach towards punishment and argued against the barbaric methods of punishment and the use of torture on criminals. Beccaria’s classical approach viewed criminals as free agents who make rational decisions when they commit crimes and not because they are evil. He believed that the punishment that criminals would receive ,should be proportional to the crime and the harm they have caused to someone and that the law should be applied equally to all people. Torture and capital punishment was brutal and cruel for Beccaria because his goal was to prevent people for committing crimes and not to punish them by using these methods. ( An introduction to criminological theory - Roger Hopkins Burke