The writer will describe and give examples of the three perspectives of viewing crimes. The perspectives that will be highlighted are the consensus view, the conflict view or the interactionist view. Each perspective maintain its own interpretation of what constitutes criminal activities and what causes people to engage in criminal behaviors (Siegel, p.12). The Consensus View of Crime describes that crimes are basically behaviors that are believed to be extremely distasteful or unacceptable, in many, if not all elements related to society. Substantive criminal law, which is the written code that defines crimes and their punishments, reflect mainstream society’s values, opinions beliefs (Siegel, p.12).
For instance, an alleged criminal suspected of a crime has been convicted and this reinforces the views that the system can protect and serve the community. Society admires the idea of convicting people rather than letting them into the society again and risking the danger that can happen. In many cases, officers and prosecutors will use their power to arrest and indict the person that best fits the description of the suspect of the crime. Therefore, the alleged criminal will most likely be convicted based on the description and circumstances of the individual. However, this plainly shows that the system fails to aid the innocent who were merely in the wrong place at the wrong
Whereas conflict theorists believe that a society’s inequalities are reproduced in its definitions of deviance, so that less powerful groups are more likely to be deemed deviant and criminalized. In Merton’s structural strain theory claims that the tension or strain among socially acceptable... ... middle of paper ... ...ead to these patterns of criminal behavior. There is an ongoing debate about the role of punishment in the criminal justice system, a collection of social institutions that create and enforce laws. Deterrence is a method to punish that depend on the threat of a strict penalty to discourage individuals from committing the crimes. Retribution is a method to punish that stresses vengeance or payback for the crime as the suitable goal.
Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In the modern world, there are three choices in dealing with criminals’ namely criminal punishment, private action and executive control. Although both private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in exceptional situations.
Mens rea is Latin for a guilty mind. Mens rea refers to what a defendant was thinking and what they intended when the crime was committed. Mens rea helps the courts and criminal prosecution to differentiate between someone who did not mean to commit a crime and someone who intentionally committed a crime (Mens Rea, n.d.). Mens rea is a basic concept in criminal law that refers to the mental state necessary for conviction of a given offense. The offenders state of mind at the time of the crime is often an element of the crime.
In addition, due process model suggests that when individuals are charged with criminal activities, the crime justice system ought to protect them. On the other hand, the criminal control model banks on the assumption that the police facts are absolutely reliable and judges the arrested individuals as if they have already been found guilty. In addition, the model requires such individuals to be punished by the government. In contrast, the due process model views the arrested individuals
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... ... middle of paper ... ...e that are guilty being more incline to be acquitted, especially if they have the money to support themselves with a good lawyer. Additionally the crime control model is needed for us to have the due process model especially, because the crime control model acts as a filter for the due process model. In the sense that it makes the work of the due process model much easier by firstly screening out the presumably innocent from the presumably guilty. Bibliography Newburn, T., (2013) Criminology Tim Newburn.
Carl Hart talks about the negative effects of the criminal justice systems and how programs such as restorative justice has a more positive effect. He speaks about data that shows criminal justice is not the best way to deal with these types of offense because they are not trained educators or counselors; they are trained to minimize damage and dole out punishment. On the other hand, officials in restorative justice are trained educators and counselors and our better prepared to help drug offenders. Another negative effect of the criminal justice system is the cost to incarcerate an individual. Putting someone in prison cost a numerous amount of money and restorative justice is by for a cheaper option.
There are better ways to punish criminals and protect society than mass incarceration. The state and local governments should be tough on crime, but “in ways that emphasize personal responsibility, promote rehabilitation and treatment, and allow for the provision of victim restitution where applicable” (Alec, 2014). The government also succeeds in overseeing punishment but fails to “…take into account the needs of offenders, victims, and their communities.” (Morris, 2002: Pg. 1 and 2). Alternatives to incarceration, such as sentencing circles, victim offender mediation, and family conferences, can successfully hold criminals responsible while allowing them a chance to get “back on their feet”.
The punishments during the post-enlightenment era were often barbarous and harsh, typically resulting in the death of offenders. The classical perspective came about subsequent the age of enlightenment, when social philosophers started arguing for a more rational approach to criminal punishment. Their main objective was to eliminate public executions used to frighten citizens in... ... middle of paper ... ...n of the judiciary system whereas positivist perspectives emphasize the causation behind criminal behavior. Because of the positivists’ perspective on studying causation of actions, rather than focusing on how to punish criminals they put effort into methods of identifying “red flags” and rehabilitating people based on the deterministic (biological typically)factor they exhibit in order to prevent criminal behaviors. In conclusion, both perspectives have had a significant impact on the criminal justice system we have today.