Over the past few decades the world has evolved and so has man kind. Humans have been existing on earth for a very long time. By a society we mean a place where many individuals live together. Society and people are dependent on each other and they cannot exist without the absence of the other. In a society there are many laws which are legal and as well as moral. These laws govern the people and they enforce required sanctions on people who violate any law in the society. By law we mean rules and regulations which the people are bound to follow and if they don’t then they will be punished. Law is one was by which order and peace is maintained in a society otherwise there would be absolute disturbance and chaos. In India before the British came religion was the only source of law, it was after their arrival when the law was codified in a proper manner. Our country got its independence in the year 1947 and the Constitution of India was adopted in the year 1950. Our Constitution is the ultimate and the supreme law of the land. There were also many legislations which were introduced by the British such as Transfer of Property Act, Indian Penal Code , Code of Criminal Procedure and many more, each of this Act applies to each and every citizen of India. The important purpose of criminal law is to safeguard civilization versus offenders and law-breaker. For this purpose the law holds out threats of penalty to forthcoming law-breakers as well as efforts to make the actual lawbreaker undergo the given penalty for the crimes done. Our law of criminal procedure is largely confined in the Code of Criminal Procedure 1973 which has come into force from 1st April 1974. It delivers the mechanism for the discovery of wrongdoing, apprehension ...
... middle of paper ...
...dentify that its main responsibility is not to chastise, but to entertain and transform the criminal and above all it would be evidently agreed that socialization is not indistinguishable with chastisement, for its includes deterrence, teaching, maintenance and reintegration within the agenda of communal defense. Thus, in the end we see that Rule of law controls the official of every structure of the state mechanism, comprising the agency answerable for leading prosecution and examination, which should restrain themselves within the four junctions of the law. Therefore, if a doctor handles his long-suffering individual as a human being and not as his customer or patron, he can release his responsibility more successfully. It operates to a lawyer, to a police officer and to any other occupation also.
In this paper I’m going to discuss what is the 6th amendment right, the elements of ineffective counsel, how judges deem a person as ineffective counsel from an effective counsel, cases where defendants believed their counsel was ineffective and judges ruled them effective. I will also start by defining what is the 6th amendment right and stating the elements of an ineffective counsel. The 6th amendment is the accused shall enjoy the right to a speedy and public trial, by an impartial jury if the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause if the accusation; to be confronted with the witness against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense (U.S. Constitution). There were two elements to ineffective assistance of counsel: a defendant must prove that his or her trial attorney/ lawyer performance fell below an objective standard of reasonableness and a reasonable probability that, but for counsel’s unprofessional errors the results of the proceeding would have been different (Strickland v. Washington, 466 U.S. 668 1984).
...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?
First of all, “communities” can be understood as any organizations in the society, from small groups (family) to large groups (culture), that the members of the group share a lose-knitted relationship and a sense of belonging. Under this system, “boundary maintenance” serves as a sense of distinction of activity from group members to others within a large environment, it is a way to create social space by differencing between “we” and ‘they” mentality. It is possible to say that each of us create our own moral and cultural identity within communities through the influence of mass media, law enforcement, and other agencies by knowing deviant behaviours and its consequences. Therefore, boundary maintenance functions as social solidarity, which refers to the idea of division of labour and each role has its own function to the society, to let us determine the morally right behaviour lay. Next, the idea of “commitment ceremonies” marks the formal stage of the nature of deviancy, where deviant is being putted in a highly dramatic setting, such as prisoner. In today’s society, this formality ritual definitely results in destructive effects on the
Gary Leon Ridgway may not be a household name, but the infamous Green River Killer is one of the most accomplished serial murderers in U.S. history. In 2003, Ridgway confessed 48 accounts of aggravated first degree murder (more confirmed murders than any other American serial killer) during a two-and-a-half-year period in the early 1980s near Seattle, although it is believed he slaughtered even more. The majority of his victims were runaway teenage girls and hookers whom he picked up on the interstate and strangled to death. But Ridgway was spared the death penalty as part of a plea bargain three years ago, in exchange for his assistance in leading investigators to his victim's remains and revealing other information to help "bring closure" to the grieving families ("Green River Killer Avoids Death in Plea Deal").
The Miranda warnings stem from a United States Court’s decision in the case, Miranda v. Arizona. There are two basic conditions that must be met for Miranda warnings to be required: the suspect must be in official police custody and the suspect must be under interrogation. The suspect goes through a booking process after an arrest. The suspect will have a bond hearing shortly after the completion of the booking process or after arraignment. The arraignment is the suspect’s first court appearance to officially hear the charges filed against him or her and to enter a plea. The preliminary hearing or grand jury proceeding determines if there is substantial evidence for the suspect to be tried for the crime charged. In this essay, I will identify and describe at least four rights afforded criminal defendants at the arrest stage and during pretrial. I will analyze the facts presented and other relevant factors in the scenario provided. I will cite legal authority to support my conclusions.
Since the beginning of American history, citizens who resided the country lacked the basic civil rights and liberties that humans deserved. Different races and ethnicities were treated unfairly. Voting rights were denied to anyone who was not a rich, white male. Women were harassed by their bosses and expected to take care of everything household related. Life was not all that pretty throughout America’s past, but thankfully overtime American citizens’ civil liberties and rights expanded – granting Americans true freedom.
Criminal Law declares what conduct is illegal and proscribes a penalty. Although, we rely on our court system to administer justice, sometimes the innocent are convicted (Risinger). Most people would not be able to imagine a person who is convicted of a crime as innocent, sometimes that is the case. Imagine what a variance that is: an innocent criminal. In an article by Radley Balko he asks the question, “How many more are innocent?” In his article, he questions America’s 250th DNA exoneration and states that it raises questions about how often we send the wrong person to prison. The other issue that follows is the means of appealing the court’s decision and who they can turn to for help.
laws is to keep the bad things out from the old society out such as
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
Gun control has become one of the hottest themes in America. Although many people in the United States believe that stricter gun laws will reduce crime rates, gun control will benefit no one except the authorities and criminals, because gun ownership protects law abiding citizens from criminals, government is slowly taking away our rights, and criminals will always find ways to acquire guns.
Have you ever thought about if the person next to you is a killer or a rapist? If so, what would you want from the government if the person had killed someone you know? Should they receive the death penalty? Murderers and rapists should be punished for the crimes they commit and should pay the price for their wrongdoing. Having the death penalty in our society is humane; it helps the overcrowding problem and gives relief to the families of the victims who had to go through an event such as murder.
...ns constitute a structural network of supervision, in which individuals may not only be subjected to power, but also play a role in employing and exercising power. Moreover, individuals internalize such and act accordingly. As such, there has been a greater possibility for intervention in individuals’ lives, not only in terms of illegal actions but also crimes against abnormalities. The aim of contemporary discipline is the transformation of individuals into productive forces of society. The basic functioning of society rests on such. Ultimately, the nineteenth century penal regime- not limited to the judicial system- has been largely successful in exerting disciplinary power. Not only has disciplinary power dispersed outside the walls of prison, but moreover, members of society have remained unaware of its presence, as they conform to and participate in it.
There are two types of laws. There are conventional laws and natural laws. Conventional laws are those laws arrived at through consensus between those governed and the government. Natural laws are those laws that are universal and are derived from the natural order of the world. In my opinion, natural law cannot work in our society, as they are not suitable for our environment and how we live together as a society. Natural laws can’t work without causing trouble and chaos between everyone, so why should we place them in our society? On the other hand, conventional laws are governed and are made to be just for the society. That is why we need conventional laws in our society, not natural laws. Also, since conventional laws are governed, they are made sure to be enforced, and breaking them will only ruin that one person for what they have done, not the society as a whole.
Law is a tool in society as it helps to maintain social control, promoting social justice. The way law functions in society and its social institution provide a mechanism for solutions. There are many different theories of the function of law in relation to society in considering the insight they bring to different socio-legal and criminological problems. In the discussion of law’s role in social theory, Leon Petrażycki and Eugen Ehrlich share similar beliefs in the jurisprudence of society. They focused their work on the experience of individuals in establishing meaning in their legal relations with others based on the question of what it means to be a participant in law. Jürgen Habermas presents a relationship between law and morality. From a certain standpoint, law is a key steering mechanism in society as it plays an educational role in promoting conducts, a mean of communication and it
The world has evolved into a system which has a sophisticated set of laws encompassing our lives in this modern society. This set of laws is a significant part of our society which holds it together and aims at protecting it against any harm. Infringing this very system is termed as a crime. Across the world, with so many different legal systems of various countries, the laws also differ accordingly and the definition of crime is perceived through those set of laws, henceforth, different perceptions of crime are existing. Pakistani society, of which I am a part of, perceives crime to be something which detriments the social order, harmony and peace. It is a misfortune that this crime is being done at an alarmingly rate since a decade now. A more startling fact is that the ones who are committing this crime are the ones who are running the government which claims to protect the very set of laws they are violating. So, how can such a governing body deal with crimes they themselves are committing and prevent others from doing it to maintain the social order?