From the beginning of the Criminal Justice System, the obsession was with prison and punishment. In the last few years, this focus forced the jail and prison populations to skyrocket higher than any other place in the world. There is never a class we are not reminded there are currently 2.3 million people in United States prisons and jails. The criminal justice system or the correctional system has not changed yet remained its focus on deterrence and isolation not on the proactive ways of dealing with crime.
“Our criminal justice system is fallible. We know it, even though we don 't like to admit it. It is fallible despite the best efforts of most within it to do justice. And this fallibility is, at the end of the day, the most compelling, persuasive, and winning argument against a death penalty.” -Eliot Spitzer
When looking at the Criminal Justice system there are so many different elements make up the system to create a whole, it is sometimes hard to grasp every element. Throughout history people and governments alike have tried to figure out cost saving yet efficient strategies to keep offenders from reoffending and out of jail. Restorative justice is one of these elements; created to focus on the rehabilitation of offenders through reconciliation with victims and the community at large. Within the realm of restorative justice there are many different types of procedures and programs from alternate dispute resolution to veteran trauma courts and everything in-between. Not everyone will agree that these specialty courts and procedures
Well written procedures, rules, and regulation provide the cornerstone for effectively implementing policies within the criminal justice system. During the investigational process, evidence collected is subjected to policies such as Search and Seizure, yet, scrutinized by the Exclusionary Rule prior to the judicial proceeding. Concurrent with criminal justice theories, evidence collected must be constitutionally protected, obtained in a legal and authorized nature, and without violations of Due Process. Although crime and criminal activities occur, applicability of policies is to ensure accountability for deviant behaviors and to correct potentially escalation within social communities It is essential the government address such deviant behavior, however, equally important is the protection of the accused which also must become a priority when investigating criminal cases.
It is used as a check on the power of the judiciary system. Clemency processes are found to be in major criminal justice systems worldwide. In the United States, executive clemency may take the form of a pardon, commutation of sentence, remission of fine or restitution, or reprieve. A pardon may reduce or set aside a sentence, generally a pardon only restores a person 's reputation or reinstates a citizen 's civil liberties; commutation of a sentence substitutes a milder sentence without relieving the criminal stigma of the crime committed; and a reprieve postpones a scheduled
Since the beginning there has been many crimes that have had severe consequences. These crimes are crimes such as rapes, genocide, murder, and aggravated assaults (CITE). The Restorative justice system tries to help individuals that have committed some of these crimes. Some of the Restorative justice system founders are John Braithwaite, Howard Zehr, and Mark Umbret .The Restorative justice system emerged in 1970 (CITE). The Restorative justice system is a response to crime and wrongdoing that emphasizes the repairing of the harm that was created, recognizes the importance of victim, offender, and community involvement, and promote positive future behavior (CITE). Restorative justice is a response to what was considered to be an overly harsh
Sentencing refers to the imposition of a criminal sanction by a judicial authority. Our society looks to sentencing to achieve an assortment of goals. A Legislator’s view point of these goals for punishment will affect their decisions of sentencing. The five goals that legislators consider are: retribution, incapacitation, deterrence, rehabilitation, and restoration. Each of these goals will be discussed and how they all correspond with each other in a sentencing of the death penalty.
that a restraining order is not a protective order. While there can be some discussion
Every American citizen has a record that shows in detail information about that individual. Records can contain any sort of information whether it is financial records, medical records, education, etc. When one is of age and decides to apply for a job, many employers ask for an individual’s record to see if they have been apart of any criminal activities. It is quite common for employers to conduct background checks when being interested in hiring someone. People who have a criminal record have the option to either seal it or expunge it. Sealing a record does not make the record non-existing, but shields the accessibility of the record from the public, unless accessed under court order. On the other hand, the expungment of a criminal record means the record is completely obliterated as if the crime had never been committed. Depending on the circumstances of the crime committed, an ex-felon may deserve a second chance, however the employer obtains the right to know whom he or she is hiring on behalf of their own protection and the protection of the other clients and co-workers.
Senate Bill 76 — the West Virginia Second Chance for Employment Act — would give a person the opportunity to petition a circuit court to have the offense lowered if they can prove 10 years of good behavior. The court will have deciding power over whether to approve the request.
This also gave me information about how long the case was and the process of the
Any case where there was no conviction is automatically sealed. This has been routine practice since 1991, so if your case was after 1991, there's nothing you need to do. Older cases might need to be sealed.
In order to highlight all aspects of People v. Smith, 470 NW2d 70, Michigan Supreme Court (1991) we must first discuss the initial findings of the Michigan Court of Appeals. The Court of Appeals decision was based on the precedence of two similar court cases that created discussion concerning the admission of juvenile records into adult trials. Following the Court of Appeals, the Michigan Supreme Court entered the final decision on Ricky Smith’s motion for resentencing. The Michigan Supreme Court also conducted a thorough examination of People v. Jones, People v. McFarlin, and People v. Price to determine the outcome of Smith’s motion to be resentenced.
Where the plaintiff was Don Connor and the defendant was Fredrick Connor which were cousins. The suite began because while Mr. Don Connor was in the vehicle with his cousin Fredrick Connor the were pulled over for disturbing the peace. Mr. Fredrick Connor was the person driving and with music loud when a police officer pulled him over and was cited but when Don Connor was license was ran he had a warrant for bank fraud and was arrested. Mr. Fredrick signed the bond papers for his cousin to be released and payments needed to be made by Don but he felt it was not his responsibility to pay the bond payments. So, Mr. Fredrick Connor sued for $1100. Which was the remainder of bond payments that were outstanding. Mrs. Judge Judy heard both sides to the story and ruled in favor of Mr. Fredrick Connor.
The court was in unanimous agreement of the decision. They rejected the defendant’s appeals for retrial, motion for JNOV (Judgment notwithstanding verdict), rejected their motion for remittur (reduction of punitive damages granted by jury). The rulings were mostly in favor of the plaintiff.