2003. p. 114). The prosecutor’s main roles are to establishing that those guilty are prosecuted, and to determine which cases are weak and weed them out. Meyer & Grant (2003) state that, “ the tasks that prosecutors perform fall into three broad categories: planning and supervising the investigation phase of criminal and civil cases, case preparations, and responding to the issues related to appeals. The defense attorney’s role is to protect an individuals right when he or she has been accused of committing a crime, and to ensure that the individual is not prosecuted unjustly or falsely tried. A prosecutor presents evidence to prove that the defendant is guilty of the crime and the defense attorney tries to prove that the defendant is not guilty.
There is also agreement on an adversary system, procedural due process, and one’s day in court (Zalman, 2008). The most important function of the crime control model is as stated by Packer (1968), ‘the repression of criminal conduct by the criminal process’” “because public safety is essential to personal freedom” (Zalman, 2008, p. 5). The presumption surrounded by this value system is, in American society there will be a breakdown of public order if law enforcement does not keep a tight reign on criminals and their activities, and citizens of this
Law enforcement is the branch of the criminal justice system which is responsible for protecting the public by preventing and solving crimes. (www.lawyers in sight.org) In conclusion, the criminal justice system is a system designed to deter crime and to protect law abiding citizens from those individuals that participate in criminal activities that could cause them to go to jail or possible
Perspectives of Social Problems and Social Responsibility Within criminology there has been multiple theories suggested to explain the numerous motives behind why crime exists in our world. The two most central arguments surrounding criminal activity is whether the crime is the individuals fault, or if it is the fault of the society that they grew up in. These views are termed social responsibility and social problems, and will be discussed in this paper along with their respected perspectives that withhold why their view on criminology is the paramount reason on why criminals commit crimes. The view of social responsibilities approach to crime termed by Schmalleger essentially states that crime is an individual responsibility, and in terms of the criminal, victim, and justice system we all play a role within the social aspect of criminal behavior. Although he feels that this way of looking at crime is not fair to the victim or the justice system, but that the media over the years has influenced this way of thinking, giving the conception that certain conditions surrounding when, where, or how the crime took place may be the factor in why it happened in the first place.
The police are a part of the executive branch. So when some one breaks a law, the job of the police, executive branch, is to arrest or ticked said offender. After an arrest or a citation or ticket is made, the next step is the court proceedings. In a case that an arrest is made, the offender is brought in front of a judge and bail is set. After that, if need be, the case is brought to prosecution.
Depending on the crime: misdemeanor, felony, or petty offense; punishment is rendered after a conviction is determined. Mitigation by the defense attorney occurs prior to sentencing. According to The Law Offices of Patrick Maher (n.d.), “after a guilty finding, the judge gives the attorney an opportunity to speak on behalf of the client. This is called mitigation, defined as “to make less severe.” This is a very important part of the process and can have a dramatic impact on the judge’s decision.” The crime and circumstance dictates punishment and sentencing. Punishment can include probation, imprisonment, community service, and fines.
Crime is a part of society’s daily routine. Crime can directly affect a person, place, or any witnesses of the said incident. Crime is defined as “conduct in violation of the criminal laws of the state, the federal government, or a local jurisdiction, for which there is no legally acceptable justification or excuse.” (Defining Crime, 2011) Crime is usually categorized as either a property or personal crime. Personal crimes include crimes of violence such as murder and robbery. With a personal crime you will have a perpetrator and a victim.
This essay will discuss the sources and purposes of criminal law, as well as identify and explain jurisdiction to create and enforce criminal law, discuss the adversarial system and standards of proof in criminal cases, discuss and differentiate the concepts of criminal liability and accomplice liability, and finally, define inchoate offenses and compare them to elements of additional criminal offenses. PURPOSES OF CRIMINAL LAW What is criminal law? The definition, as given by (Schmalleger, F., Hall, D.E. & Dolatowski, J.J., 2010), is a “body of rules and regulations that defines and specifies punishments for offenses of public nature or for wrongs committed against the state or society.” There are several reasons these laws are in place; the primary reason being to “make society safe for its members and to punish and rehabilitate those who commit offenses.” (Schmalleger, F., Hall, D.E. & Dolatowski, J.J., 2010).
Sentencing Paper Josefina Aburto, CJA/234 October 3, 2011 Darnell Stroble Sentencing Paper Sentencing Paper The justice system’s main objective is to enforce the laws. One way the system enforces the law is to punish offenders. Should offenders be punished? Society thinks so. Society argues that criminals should be punished with lengthy jail terms for the security of society.
The Police and law enforcement agencies main purpose is to keep the streets and the people living on them safe from all types of crime. The second section of the System is the courts. The courts are where disputes are settled and justice is handed down to the guilty. Within the court, one will find the judge, prosecutor, and defense attorney. The main purpose of the courts is to decide if an individual is guilty or innocent.