Is the criminal justice system more effective as a method of bringing the guilty to justice or as a deterrent or a method of social control? It is unanimously agreed that the aim of the criminal justice system is to provide equal justice for all according to the law, by processing of cases impartially, fairly and efficiently with the minimum but necessary use of public resources. It is a complex process through which the state decides which particular forms of behaviour are to be considered unacceptable and then proceeds through a series of stages - arrest, charge, prosecute, trial sentence, appeal punishment -' in order to bring the guilty to justice' (Munice & Wilson, 2006 pIX) and is designed for a coherent administration system for offenders. Without the threat of punishment, chaos would ensue and social control would be severely lacking (Goldsmith, 2006, pg266). However, is the criminal justice system more effective as a method of bringing the guilty to justice or as a deterrent or a method of social control.
Primarily, social control is a term used to describe society's ability to regulate itself without force. In voluntaristic terms it is the ability of individuals to modify their behaviour by taking into account others' expectations, thus harmonizing one's self control and the social control exerted by others. Social control entails rules of behaviour that should be followed by the members of a society, some of these rules simply fall into good manners as a culture defines them, others are not optional and are enforced by law. This works as a scare tactic in society, most people are not committing crimes as they are scared of the consequences of their actions. (Deflem, 2007). When a crime is committed, the...
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.... It is deemed that such matters would better be trialed in front of a panel of judges, a recent example of this would be the trial of Pauline Hanson. The jury in the Hanson case, handed down a guilty verdict on electoral fraud and Pauline was sentenced to three years imprisonment. However, within two months, this verdict was overturned by the Queensland Court of Appeal. The appellate judges had noted that the facts of the case would have been too complex for the ordinary man or woman to decipher and Hanson was set free (Lincon,2004).
In conclusion, it is evident that whilst the criminal justice system sets out to be fair and just - due to the discretionary nature of processes involved – it is difficult to even get a case heard. This suggests that the criminal justice system is more effective as a means of social control than a means of ensuring justice.
What would the criminal justice system be without punishment? Perhaps, the criminal justice system would not serve a function or cease to exist. Punishment is one of the main facets of the criminal justice system. It holds such significance that it even reflects the beliefs and values of a particular society. Fyodor Dostoyevsky (1821-1881) once said “The degree of civilization in a society can be judged by entering its prisons.” (Pollock, 2010: 315). Punishment has been around since the beginning of civilization. With its rich history, the concept of punishment has been analyzed by some of the most renowned theorists, some of which include Jeremy Bentham, Cesare Beccaria, Adolphe Quetelet and André-Michel Guerry (Pollock, 2010: 318). Once found guilty of an offense the type of punishment must be determined. There are many different rationales used to answer why it is necessary to inflict punishment. Rationales for punishment include retribution, prevention, treatment and rehabilitation. To better understand these rationales ethical systems such as utilitarianism, ethical formalism and ethics of care can be used. The general public should be knowledgeable about punishment, even more so should professionals in the criminal justice field because they are directly linked to it in some way.
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 packer believed in which ones rights are not to be infringed defrauded or abused was to be considered to be the ideal for procedural fairness. “I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.” Thomas Jefferson pg 9 cjt To convict an individual because proper consideration was not taken will stir up social unrest rather then it’s initial intent, when he or she who has committed the crime is not punished for their doings can cause for a repetition and even collaboration with other’s for a similar or greater crime.
Question two: What is the difference between To begin with, criminal justice is a system that is designed to maintain social control, which means it is a necessary aspect of every society since “Laws are the conditions under which independent and isolated men are united to form a society” (Beccaria, 1764: 16). In other words, crime control deals with the methods that are taken by a society to reduce its crime. As a matter of fact, there are various crime control strategies, from community policing to risk assessments. In addition to the different tactics for controlling crime, there are several theories that not only attempt to explain the causes of crime, but also outline different ways to handle offenders; for example, deterrence, rehabilitation, and even retribution. Now, it is important to realize that there is no perfect model for crime control, since there are advantages and disadvantages to every system.
The criminal justice system is a group of institutions that work together to protect a society, prevent and control crime, and maintain justice; enforcing the laws regulated by society. As the years have gone by and society has evolved; so have the criminal justice system and its methods to accomplish its role in society. This short analysis will evaluate the main facts that have been affecting the criminal justice system for decades and have influenced the evolution the justice system is enduring in a changing society (Muraski, 2009). Amongst the changes in the system, we will discuss the effect the changes have had on the citizens and how their perceptions have evolved as well.
It seems as if much of society believes criminals are playing a game; rolling the dice to see what they can get away-with cat and mouse. It may appear to many, arrest and prosecution are somewhat random and arbitrary. Unfortunately, the general views on the criminal justice system seem sour. In particular, within the court system, these views are based on the idea defendants of means can and do beat charges with the ‘best defense money can buy’, while poorer defendants plead to charges and serve their sentences. Repeated exonerations using DNA evidence, highly publicized incidents involving police shootings, with unindicted officers have done little to discourage these
There are different principles that makeup the crime control model. For example, guilt implied, legal controls minimal, system designed to aid police, and Crime fighting is key. However one fundamental principle that has been noted is that ‘the repression of criminal conduct is by far the most important function to be performed by the criminal processes’. (Packer, 1998, p. 4). This is very important, because it gives individuals a sense of safety. Without this claim the public trust within the criminal justice process would be very little. The general belief of the public is that those that are seen as a threat to society, as well as those that fails to conform to society norms and values should be separated from the rest of society, from individuals who choose to participate fully in society. Consequently, the crime control model pro...
The ideal society we would all be considered equal, but reality often defies this idealism. When we think of police officers, we think of people working hard to keep us all safe, but this may not always be the case in today 's society. This is demonstrated in an opinion piece published in the Miami Herald, entitled “Need a ‘big, bad dude’? White criminals need not apply” by Leonard Pitts Jr. The article opens by discussing the shooting of African-American man Terence Crutcher, where the police officer who shot him stated it was due to him not obeying her orders and reaching inside his SUV for a weapon. However, the video of the shooting shows that this did not happen. The article also goes on to discuss other African-Americans shot in recent
Today our world is filled with crime. The people committing these crimes must have a consequence for their illegal actions. The system in place to keeping everything fair and safe is called the criminal justice system. This was put in place to ensure there is fairness and justice served to people who break the laws set up by the government.
The majority of people in the society have a preference to the crime control model over the due process models because of its ability to be a quick and efficient process. This happens because the crime control model orbits around the assembly line, resorting to being quicker and more efficient compared to the due process models. However, its justice in most cases is questionable according to evidence from the societal concerns. On the other hand, People resist the due process models because they take a long time to operate and are difficult to apply in many cases (Levrant, 2009). This aspect of the due process models of consuming too much time makes people go for the other model even though its fairness is not trusted. This document therefore will focus on the areas the two models differ, show similarity as well as propose a ...
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
Crime and criminalization are dependent on social inequality Social inequality there are four major forms of inequality, class gender race and age, all of which influence crime. In looking at social classes and relationship to crime, studies have shown that citizens of the lower class are more likely to commit crimes of property and violence than upper-class citizens: who generally commit political and economic crimes. In 2007 the National Crime Victimization Survey showed that families with an income of $15000 or less had a greater chance of being victimized; recalling that lower classes commit a majority of those crimes. We can conclude that crime generally happens within classes.
The criminal justice system views any crime as a crime committed against the state and places much emphasis on retribution and paying back to the community, through time, fines or community work. Historically punishment has been a very public affair, which was once a key aspect of the punishment process, through the use of the stocks, dunking chair, pillory, and hangman’s noose, although in today’s society punishment has become a lot more private (Newburn, 2007). However, it has been argued that although the debt against the state has been paid, the victim of the crime has been left with no legal input to seek adequate retribution from the offender, leaving the victim perhaps feeling unsatisfied with the criminal justice process. Furthermore, can formal social control institutions such as the criminal justice system and the government provide the best aspect of producing conformity and law abiding behaviour? Hirschi’s (1969) social control theory is concerned with what effect formal institutions have on conformity in individuals and in particular, how law abiding behaviour is produced due to these institutions (Walklate, 2005).
Crime is seen to just exist however, that is not the case. It is argued that crime is created through society and that crime is both a social fact and a social construction. We are told daily about the problems in which we are facing from crime by politicians through the media. From this it is argued that crime is in fact a social fact and a social construction. Throughout this essay it looks at what exactly is a social construction and a social fact and if crime is in fact both a social construction and a social fact, it will also look at one of the main theories which will help draw a conclusion to if crime Is both a social fact and a social construction.
Social Control Theory presumes that people will naturally commit crime if there were left to their own devices (i.e. no laws in society) and people do not commit crimes because of certain controlling forces, such as social bonds that hold individuals back partaking on their anti social behavior (Bell, 2011). Examples of controlling forces are family, school, peers, and the law. Young people who are t... ... middle of paper ... ... nd delinquent are more likely to partake in committing criminal behavior (Shaefer and Haaland, 2011, p.155-156).
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,