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Deterrence theory explaining criminal justice system
An essay about crimes using theories
Concepts of criminal law
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Introduction
Idea of the CJS = responsible for convicting criminals but ensuring they have a fair trial (Wilson) regardless of money/status and provided there is sufficient evidence
CCM + DPM constitute the “two dilemmas of criminal law” (packer 9/35) however punishment is a concept heavily debated
But what constitutes a crime? People have different ideas of the severity of a crime
The two models provide a framework for the CJS and demonstrate the values the system should hold (Roach 672)
The DPM is an idealised version of the CJS (Wilson 29) and CCM is concerned with preventing and reducing crime.
How far should these priorities be pushed if a crime cannot be proved?
CCM “repression of criminal conduct is the most important function” (Packer
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“Fair treatment may be necessary for effective crime control and punishment may not be necessary to control crime” (675).
CJS that focuses on CCM could link to victimization – “institutional wrong-doing that violates human rights” (Karmen, 1990:12) = police rule-breaking, wrongful arrest (Carrabine). Links back to what the consequences would be if there weren’t guidelines to prevent institutionalised prejudice or evidence falsification – however, there are still cases where a balance hasn’t been achieved =Andre Davis case
No, it doesn’t
The purpose of criminal law is to provide a framework to inflict deserved suffering (Packer:10) – is only one model needed to serve justice? = easier for the CJS to keep it as one rule fits
Criminal law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order. Procedural matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system interact.
When examining criminal justice systems it is important to note two important criminal justice models, the due process model and the crime control models. Most governments function based on several aspects from each criminal justice model; these crime models were initially introduced by Herbert Packer in 1968 (Cole, Smith, & DeJong, 2014). The due process model in the criminal justice system reflects the formal decision making process and highlights the importance of ensuring the criminal justice system works upon reliable knowledge (Cole, Smith, & DeJong, 2014). The crime control model is based on efficiency and ensuring crime is repressed as much as possible; this model promotes bargaining and often encourages defendants making deals with
The author believes the maldistribution of any punishment is not relevant to its justice – The guilty are punished, not one’s race, economic, or social status.
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.
This paper will be focusing on the courts as the specific sub-system in the criminal justice system. As said in the book the court system is responsible for charging criminal suspects, carrying out trials, and sentencing a person convicted of a crime. The fear of crime influences criminal justice policies in the court system. One way it does this is with the courts sentencing. Courts are able to give out severe punishments as a method of deterrence. This specific type of deterrence would be general deterrence. The book says that general deterrence theory should work if the punishment is clear, severe, and done swiftly. According to this theory, crime rate should drop because people will fear the punishment. The other way fear of crime influences
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.
...arly as aspects of both models have prevailed since the advent of established law and shall continue to as political issues persistently evolve. Leaving the criminal justice system, especially with respect to individual rights and public order, to adapt together as needed with it.
Reiman and Leighton continue to expand on the Pyrrhic Defeat Theory and ways how the criminal justice system continues to succeed by failing to reduce crime. They speak of some reasons why the policies enforced by the criminal justice system, maintain crime rather than reduce it. The system makes use of excuses as to why it fails at the reduction of crimes. While continuing to serve the interests of the powerful and maintaining the view of the poor being the most dangerous to society.
Conscious efforts to critique existing approaches to questions of crime and justice, demystify concepts and issues that are laden with political and ideological baggage, situate debates about crime control within a socio-historical context, and facilitate the imagination and exploration of alternative ways of thinking and acting in relation to crime and justice. (p. 3).
The definition of justice and the means by which it must be distributed differ depending on an individual’s background, culture, and own personal morals. As a country of many individualistic citizens, the United States has always tried its best to protect, but not coddle, its people in this area. Therefore, the criminal justice history of the United States is quite extensive and diverse; with each introduction of a new era, more modern technologies and ideals are incorporated into government, all with American citizens’ best interests in mind.
The Law today is a summary of various principles from around the world from the past and the present. Early practises of law were the foundation of the law that we know and abide by today. These practises were referred to as the Classical school. Over time however, different criminologist have altered and greatly improved the early, incomplete ideas and made them more complete and practical to more modern times. This newer version is referred to as the Positivist school. This rapid change from the classical to the positivist perspective was due to the change and growth of civilization. Even though one perspective came from another, they are still different in many ways and it is evident when relating them to section 462.37, Forfeiture of Proceeds of Crime, and section 810, Sureties to keep the Peace. The Classical School of criminology’s time of dominance was between 1700 and 1800. Its conception of deviance was that deviance was a violation of the social contract. Classical theorists believed that all individuals were rational actors and they were able to act upon their own free will. A person chose to commit crimes because of greed and because they were evil. The primary instrument that could be used in regards to the classical school to control crime was to create “criminal sanctions that instil fear of punishment in those contemplating criminal acts” (Gabor 154). Classical school theorists believed the best defence was a good offence and therefore they wanted to instil so much fear into people about what would happen to them if they were to commit a crime that even those who were only thinking of committing a crime were impacted greatly. The classical school individuals operated entirely on free will and it was their ...
The effectiveness of the United States' criminal legal system has been questioned and scrutinized by the media and legal analysts for decades. Even with laws to lengthen sentences and to try younger offenders as adults, the overall crime rate in the nation is still on the rise. But why is it that in places like Iceland and Singapore crime rates are so low yet both countries have very contrasting criminal laws? It has been brought to my attention that Congress will attempt to create an entire new criminal legal system for the states to adopt in an effort to finally make the streets of America safer for its citizens. Assuming that all states will forfeit their own policies to take up the system Congress builds, it is my duty to shed light on the criminal legal system and differing views of the United States and other countries legal systems and differing views of the United States and other countries of different governments, geographies, and legal systems. I will also explore the common ground they share when prosecuting criminal offenders. The information I will discover will be taken into consideration by legislators when designing a new and improved criminal justice system.
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.
The Classical School of Criminology generally refers to the work of social contract and utilitarian philosophers Cesare Beccaria and Jeremy Bentham during the enlightenment in the 18th century. The contributions of these philosophers regarding punishment still influence modern corrections today. The Classical School of Criminology advocated for better methods of punishment and the reform of criminal behaviour. The belief was that for a criminal justice system to be effective, punishment must be certain, swift and in proportion to the crime committed. The focus was on the crime itself and not the individual criminal (Cullen & Wilcox, 2010). This essay will look at the key principles of the Classical School of Criminology, in particular
In contrast to crime science’s concentration on finding the right answers to cease crimes against humanity, criminology emphasizes on the significance of investigating both crimes and criminals independently. If criminology is perceived to interpret crimes, then, criminal science is designated to fix