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A thesis about the criminal justice system in the united states
Is the consensus model more useful then the conflict model
A thesis about the criminal justice system in the united states
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At first I had to really determine between two: consensus and conflict but I would say that consensus paradigms describes our criminal justice system, in the United States, the best. Consensus, “expresses what society truly is.” The way it is explained, in regular terms, is that under law everyone has the right to speak and have their own voice in what they believe in and what they feel. Not only does this pertain to the law but coming together as a whole and each being individually equal under the law comes to play, a role in consensus paradigms. Another reason for choosing consensus is because it states, “vote, pay taxes, demand the passage of laws, and reap benefits from the social contract (everyone gives up some measure of their rights and freedom for the benefit of all). I feel that this describes our criminal justice system in the United States because we all have our individual rights of freedom but along with that we also have to give up certain things to be United as one. To describe the “justice” received by Cameron Todd Willingham I would say that pluralist paradigm best describes it. My reasoning for this is because after he was sentenced for execution and time had passed, most people started to really question whether the fire was started accidentally or purposely. Pluralist paradigm states that, “Law arises from multiple interest groups whose power is in flux, always changing.” It also states, “With changing times, people are open to new ideas.” With this case I feel that people were open to the idea that he was wrongly convicted and with that I feel that is where justice was received for him. To lose your kids and then be wrongly accused, I could imagine, would be beyond difficult. Therefore, I think it was right t...
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...se but ethical. Key elements in the teaching of ethics is to have openness, fairness, no apathy, and competence. I am not saying that he doesn't hold these key elements but I do feel that he didn't act with those key elements. As a judge he should have a certain perspective of seeing things such as his actions in a professional eye instead of an average guy perspective. I mentioned morals a little earlier and ethics consists of following those morals and doing the right things. This was so inappropriate and like Cebull said, “although that's what it is” in reference of the e-mail he sent as being racist, I do feel that to have justice for a person a follow of morals and the social contract needs to be followed. Like stated before, Judge Cebull is held at a certain standard that makes him seen as a role model. Therefore, I agree with the approval of his impeachment.
Just and equitable legal outcomes to evaluate the case include of many expectations that may be met, the outcome of the case was discovered by fair trial which includes correct punishment theories and procedures, Justice Roslyn Atkinson met these through the trial also making it equitable because the punishment theories were applied to the offender Brett Peter Cowan. Punishment options and procedures in Queensland met the current needs of the society throughout this
I had a Political science professor that once said “Political survey answers depend more on how a question is asked than on what the question is asking.” I read and reread the above question. I have to admit that even after 15 weeks of topic discussions, PowerPoint, text chapters and Google; I am still confused about how tax expenditure works. The nearest I can figure out and in plain English, it is simply a tax break. That being said, this question is very methodically asked. The term “anti-poverty programs” is a gentle, non threatening term that will be met with compassion and kindness among more than 85% of (surveyed) US citizens. Second “tax expenditures” is a confusing term associated with the mean IRS that must have something to do with the government taking hard earned money and doing something with it, but what? Who knows? The final term is the big, bad anti-conservative term that only about 11% of surveyed Americans actually greet with any positivity. So the question in our subconscious mind flows something like: “What are the advantages and disadvantages of helping people who need it with your tax money instead of giving it to people who don’t want to work?” But that’s not what the question is asking. Because I know that my subconscious takes into consideration, the information it believes is true. First anti-poverty programs, such as Medicaid, are in most people’s minds still welfare. Before the New Deal many of the anti-poverty programs, as well as welfare (utility assistance, help purchasing groceries, etc.) were funded completely through private charities....
Although the flaws of death penalty are lucid, they are often times over looked by society. Innocuous people have been ruled to death based upon mistaken eyewitness testimonies, mistaken identity, and false confessions through coercion. Former Governor of Illinois George Ryan was a staunch proponent o...
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.
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
The criminal justice system is made up of three main parts: law enforcement, the court system, and corrections. These three components are interconnected. You can’t have one without the other. The term “consensus model” describes this relationship. The consensus model supports the idea that all three groups should work together to achieve justice.
In about ½ of a page (single-spaced), please state whether you agree, disagree, or have a mixed opinion regarding the following statement and argue, via evidence and claims from what you have learned in class, why you have picked your stated position. Be sure to comprehensively explain and support your reasoning.
Guidelines and principles are set out as ideals, but these are easily subject to discretion, prejudice and errors at any stage (Greene and Heilbrun, 2011). The due process model aims to safeguard the defendant at each stage within the process. However, the conflicting crime control model encourages policing and guilty verdicts, whatever the repercussions (Newburn, 2007). This contest is marked throughout the CJS, “...the more we learn about the Is of the criminal process, the more we are instructed about its Ought,” (Packer, 1968, p. 150). For example, few suspects receive proficient legal defence, yet this is a contradiction to the ideological proviso. It may be interesting to research if juries have experienced and recognised any unfairness within trials. Too often the ideologies of criminal justice, due process and crime control result in miscarriages of justice (Newburn, 2007). When rigid regulatory processes result in bureaucracy, this can only cause more drain on
This form of justice emphasizes the philosophy that everyone deserves a second chance. The largely successful Norwegian prison system emphasizes the need to not treat criminals cruelly. Oftentimes, those who commit crimes have been bred in environments that have led them to where they are; sometimes they’ve been subject to childhood abuse. In cases like the Jassi Sidhu case, it would seem rehabilitation is a far off concept. The individuals that conspired to murder Jassi Sidhu have been bred to think a certain way their entire lives and changing that would not be an easy task. However if we punish individuals without attempting to help them better themselves, we as a society have reached a dead end, as Judge John Reilly said,” If we only punish wrongdoing with no attempt to fix the underlying causes, we only damage the web of our society.”
One of the most repetitive and controversial topics discussed in the criminal justice system, is the death penalty. Capital punishment has been a part of our nation’s history since the creation of our constitution. In fact, as of January 1st, 2016, 2,943 inmates were awaiting their fate on death row (Death Penalty Information Center). Throughout my life, I have always been a strong advocate for the death penalty. During the majority of my undergraduate degree, I was a fierce supporter of capital punishment when discussing the topic in classes. However, throughout many criminal justice courses, I found myself in the minority, regarding the abolishment of the death penalty. While debating this topic, I would always find myself sympathetic to the victims and their families, as one should be, wanting those who were responsible for heinous crimes to
The statement "It is better that 10 guilty persons escape than that one innocent suffer" summarises and highlights the mistakes and injustices in the criminal justice system. In a just society, the innocent would never be charged, nor convicted, and the guilty would always be caught and punished. Unfortunately, it seems this would be impossible to achieve due to the society in which we live. Therefore, miscarriages of justice occur in the criminal justice system more frequently than is publicised or known to the public at large. They are routine and would have to be considered as a serious problem in our society. The law is what most people respect and abide by, if society cannot trust the law that governs them, then there will be serious consequences including the possible breakdown of that society. In order to have a fair and just society, miscarriages of justice must not only become exceptional but ideally cease to occur altogether.
“ ….Judgments, right or wrong. This concern with concepts such as finality, jurisdiction, and the balance of powers may sound technical, lawyerly, and highly abstract. But so is the criminal justice system….Law must provide simple answers: innocence or guilt, freedom or imprisonment, life or death.” (Baude, 21).
In the last episodes of the podcast, we are introduced to various key statements that question the judicial system. In regards to combining a conclusion to make out of the facts that have been uncovered, we can conclude that the criminal justice system isn't fair to everyone. In the article “What ‘Serial’ Really Taught us”, it emphasizes on the terrible flaws in our justice system. It defines an individual who deigns to be a juror, and the one’s that try to wiggle out of jury duty. Many jurors are quick to hand down a guilty verdict if they have a hunch of a bad character on the defendant. The justice system isn’t fair to everyone, and it feels like it’s a game of Russian Roulette. Why is it that some individuals feel that the defendant is guilty, because they are standing in front of a court room? Why don’t we do a serious evaluation on a juror’s mental state about the alleged crime committed? When we go to jury duty, we are eliminated based on our own personal emotions towards a crime. Many individuals that have been jurors on high profile cases have admitted to conclude on a
I actually believe in our legal system and I believe in justice. I believe in justice as an ideal that we strive for and that is what it means to me. The legal system, when looked at closer is not justice but instead - judgment. You can be punished when found guilty, in a number of ways, but who knows if they’re “fair” punishments, it’s all a matter of opinion. Is life in jail, say 25 years, going to be enough punishment for the parents charged with brutally murdering their daughter Farah Khan? Her life was brief, but whoever killed her also mutilated her body parts. The possibilities for her life were endless, she could have lived to the old age of 95. So is 25 years enough for her killers? They’ll be able to walk free at the end of their term, and perhaps few will remember them then and what they did. Why is justice important then? Because although the legal system is not always right, it needs that lofty ideal of justice as something to strive for, something to hope gets accomplished, the hope for every victim of a crime of any nature. The seeking of justice is a tiring and long quest akin to the seeking of truth, for they are closely linked and without one there may not be the other.