Although, some laws are brutal, they are necessary to keep order in the community and crime at a low. An example to represent a fair law in the code of Hammurabi is, “If he has broken the limb of a patrician, his limb shall be broken.” To put the quote in simpler terms, it states, “If you break a man’s limb he’ll break yours.” This is a fairly honorable law. If a person breaks someone’s arm they should expect a consequence and this is not exceptionally crude. A law such as this one is created to keep balance, peace, and reduce violence. Even though this may seem strict to some; the victim who endured the limb breaking would have to disagree.
Prosecutors can sometimes get away with misconduct as it is extremely difficult to prove that misconduct had actually taken place. Often times the prosecutor is viewed as being on the side of justice and as a result it is difficult for the defendant (who is accused of a crime) to turn the tide against the prosecution. Although during the trial both the defense as well as the judge may report a prosecutor for misconduct, this rarely happens as these reports are often dismissed. This is because as long as the prosecutions misconduct does not affect the outcome of the case, then it is tolerated, meaning that a prosecutor can harass a witness or the defendant so long as the harassment did not have anything to do with the outcome of the trial. The fact that the prosecutor works in the interests of the state can be seen as the underlying factor here.
But in contrast there are very different at the same time. The crime control model is used in the criminal justice system for the prevention of crime. The crime control does not exclude that is possible to make a mistake, but based on the circumstances of the laws, the person is considered guilty until her or she is proven innocent. This model is based on old fashion laws which allow rapid and speedy convictions despite the mitigating factors of the case and the victim. The results, of the crime control model are wrongful convictions, being over-turned and this is a major downfall in the criminal justice system.
1. Do you think the protagonist, “Kevin,” in this story was guilty of the crimes he committed? Why or why not? I believe Kevin was guilty and I believe the judge was spot on with her explanation. It is true that he could not control it, but when he knew it was wrong he should have went for help.
The reason is that for a person who is indeed guilty of the crime and who thinks that he cannot escape conviction because of overwhelming evidence, admitting to a lesser crime with lesser penalties will be the best scenario for him. He gets the benefit of immediate disposition of his case since he no longer needs to hire lawyers to defend him in court. While it is true that existing laws mandate that an accused should be defended by a public attorney in case he does not have a lawyer, the practical reality is that only paid lawyers can competently and adequately defend the accused and that public attorneys do not defend their client’s case to the best of their ability. Moreover, the accused also gets the benefit of lesser time in prison as it is implicit in the arrangement that if he agrees to a lesser crime charged he shall be convicted to a lesser penalty. If he behaves properly in prison his sentence may be further reduced for good behavior and he may find himself out of
What’s up with that???? Why doesn’t jail change the behavior that got them punished in the first place? Answer using appropriate operant conditioning terms. Taking away a criminals privileges or freedom to live as he wishes because he has committed a crime is believed to be helpful in committing crime less frequently, also known to be negative punishment. 3.
A plea bargain can help a prosecutor by it saves the court valuable time for high-priority cases. Also it can help a prosecutor because then don’t have go through a trial if they have a lot of other cases. A plea bargain can also help a prosecutor because if the defendant takes the deal it shows that they are taking responsibility for the crime. When it comes to the defendant a plea bargain can help by the defendant could get a lesser sentence if they plead guilty to the crime the committed. Also it can help the defendant by not making them sit though a trial.
You’re not going to only have to deal with shame if you commit a crime because it doesn’t work like that anymore. There are going to be fines, restrictions, and jail time depending on the severity of the crime. There is another way in which shame can be a great thing and that is from preventing crimes. If you’re somebody who cares about their reputation and how they are looked at then you might think twice before committing a crime because you know that you’ll
In other words does the decision you are making go against your own morals, principles, or standards. If it goes against them it is easy to know that it is a wrong decision. Does it leave you with a clear conscience? If it is not clear it is a wrong decision. These seem like fairly easy rules to follow however, facing prison time, the loss of a driver’s license, and a large fine can make it more difficult to make the right
According to Law Info (1995-2014), “The biggest drawback to plea bargaining is for the innocent defendant who decides to plead guilty to a lesser charge in order to avoid the risk that he or she will be found guilty at trial (The Pros and Cons of Plea Bargaining). Plea bargaining has led to poor police investigations which lead to defense attorneys who do not want to deal with poorly prepared cases (Law Info, 1995-2014). Another downside to the bargaining system is that defendants are not tried for their offenses and provided due process. The defendant does not get their time in