In criminal cases, appeals can be made either against the conviction or against the sense. This means that the person found guilty of an offence can appeal against the guilty conviction on certain grounds, or can appeal against the severity of the sentence. The crown (Prosecution) also has the right to appeal against the leniency of the sentence. The party appealing is known as the appellant/ applicant. The appeal process for sentencing is important because it allows the higher courts to supervise the exercise of sentencing discretion and therefore helps to ensure consistency.
Conclusion Prosecutors, defense attorneys, criminals, and victims are placed together to deal with a given crime. Victimization concerns each position in different ways and must be individually considered. The goals of sentencing differ somewhat between each position. Alternative sanctions are often recognized when a criminal offender is sentenced. Ongoing assessments of victims' rights and the continousl improvement of such are imperative.
Both the federal and state correction systems should ensure that they execute the legislative and judiciary considerations in legal sanctions of offenders. The correction systems objectives should also be achieved so as to uphold the integrity of the criminal justice system. A balance should also exist between the determinate and indeterminate sentencing models. Both the state and federal legislation should have a clear cut of the offences which should be sentenced under the distinct model. In some crimes offenders are not eligible to be released or their cases heard by a parole board, the judge’s sentence should be
Criminal Procedure Criminal procedures are debatable on what is more effective and how to implement such policies. Due Process and Crime Control are two different models that explain the criminal procedure policy of the United States, and they will be discussed in this paper. Along with how the Fourth, Fifth, Sixth, and Fourteenth Amendments impact both of these models. The final subject of this paper will be how the Fourteenth Amendment applied the Bill of Rights to the states. The Due Process Model is a process that works on the assumption that the criminal justice system has errors, and because of those errors a defendant is not guilty until proven otherwise.
Although theories like functionalism and Marxism focus on the causes of crime, realists also look at the ways we can prevent crime from happening. Realists trust official statistics and both left and right realists have come up with a variety of solutions to fight crime. Right realists think that situational crime prevention or SCP. They reason that intervening in the immediate situation where crime is taking place is the one of the best things to be done. Using materials like anti-climb paint or neighbourhood watch schemes they make the target harder to achieve, or more risky.
Specific deterrence and its purpose, seeks to prevent a particular offender from engaging in repeat criminality. 4) Rehabilitation and its purpose is the attempt to reform a criminal offender. 5) Restoration and its purpose is a goal of sentencing that seeks to make the victim “whole grain.” The 4 traditional sentencing options are 1) fines, 2) probation, 3) imprisonment, and in some cases of especially horrific offenses is 4)
This type of legal system exercises the ideal that the supposed offender is considered innocent until proven guilty. This systems premise exercises the idea that both the defense and prosecuting attorneys will work at extreme lengths to make sure that guilty are convicted, and the innocent are set free. Both the prosecutor and the defense have rules of procedure, statute, and case laws that they must fallow. The Constitution also has certain powers and rights that both sides must implement and promote for fair administration of justice. In the adversarial system the defense attorney has the duty to act faithfully and enthusiastically on behalf of the defendant.
In order to make it aware to the community that offenders have been punished, sentencing makes it clear that punishment is occurring. It has been recognized by the courts that deterrence is considered one of the main purposes of criminal punishment. Corporate crime is taken seriously because it is not only hard to detect as well as it causes harm or loss in some way to the public. The main purpose of creating deterrence was to ensure that the criminal realizing the crime they committed, prevents other people from committed that crime as well as it gives a sense of satisfaction to society that someone is being punished for their crime. The overall goal of retribution is to reduce
Courts play an important part in determine who is and isn’t guilty. Adjudication also ensure that the lower courts apply the law right. It helps ensure that judges who make a mistake are held accountable for their mistakes. Appellate courts are important to the criminal justice system. Appellate courts help decide how police officers do their jobs.
In this paper I will discuss whether the application of harsher penal sanctions in the form of lengthy prison terms act as more of a deterrent to criminal behaviour when compared to alternative sentencing. To answer my thesis I will begin by applying the Structional-Functional approach using Emile Durkheim’s functions of deviance to clarify why incarceration is used as the criminal sanction of choice when responding to serious deviant behaviour. Secondly, I will outline a brief comparison between the lengths of prison terms in the United States when compared to that of Sweden. Third, using the Symbolic-interaction approach to deviance, I will apply Sutherlands Differential theory of association to interpret how social interactions between inmates within prison can contribute to recidivism rates. Finally I will conclude with a critical analysis of the evidence that has been presented and interpret the results of my research.