Victim and Crime Evaluation Jessenia E. Martinez CJS/354 July 06, 2015 Kristin Mildenberger Victims and Crime Evaluation The function inside the criminal justice system cultivate together with a general goal in mind. Victimization is a respect with each function. The primary target of the criminal justice system and of each function is to guarantee justice is fulfilled, and victimization is narrowed. Each contributor inside the system has to contemplate the goals of sentencing, what alternative sanctions are suitable, if any, and the assessment of victims' rights. Roles and Functions Prosecutor - The prosecutor's position is to assemble the case contrary the defendant.
Both models start with a person who commits a crime and needs to have some form of punishment put upon them. The next similarity is that the person would have committed a crime that was illegal according to the law, and that it was illegal at the time of the crime, not after. Lastly, these two models are similar because the defendant has the right to choose how they would like their case handled, according to their legal rights. A defendant can choose to use the Due Process Model if they would like to go to trial and use a jury to decide on their charges, or to use the Crime Control Model and get a plea bargain, to get their punishment over with, rather than drawing it
173 Reflective Journal. Week 1: Aims of the criminal Justice system This week was essentially an introductory topic and provided me with a basic understanding of the aims and operations of the criminal justice system. I learned that there is a number of different steps within the criminal justice system and the involvement of all the parties involved such as police, judge and jury and the defence. According to John Champion the main purpose of the criminal justice system is to process and prosecute individuals who commit crimes against society and to deal out suitable punishments for these individuals. This is a pivotal part in terms of maintain the functioning of society and to ensure that people don’t go around breaking laws wherever and whenever they want.
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.
Defenses and Due Process Kylee Rivers CJS/220 Defenses and Due Process According to Gardner and Anderson (2011), an individual is only charged for a crime he/she committed intentionally. He suggests that such a crime must be without defense so that an individual is declared guilty. Defenses are situations that can stop or lessen the guilt in a case. Presentations of evidence for such situations ensure an accused person is defended from guilt. According to Gardner and Anderson (2011), the common elements of defense include insanity, entrapment and self-defense.
These include that it’s not available in all areas, not available to serious offence, such as rape and murder and it’s also not available to previous custodial sentences servers. Whilst Forum Sentencing is available for European Australians, Circle Sentencing is set up for Indigenous Australians. Circle Sentencing is very similar to Forum Sentencing, except it is for Adult Aboriginal offenders are sentenced by their community. Circle sentencing is also based on Aboriginal Customary Law and more traditional indigenous forms of dispute resolution, it also has the full sentencing powers that a court does. A clear example for Circle Sentencing is shown in the article “Sentencing innovation breaking vicious circle of jail terms” (SMH 15/5/03) where it states “it has been so successful that the NSW Attorney-General, Bob Debus, has said circle sentencing will start in Dubbo next month.
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.
In Cunningham, the U.S. Supreme Court overruled Black, ruling that Blakely applies to California's determinate sentencing scheme. After a jury trial, Cunningham was convicted of continuous sexual abuse of a child in Contra Costa County Superior Court, California. Under California's Determinate Sentencing Law (DSL), the authorized sentences for this crime are either 6, 12, or 16 years. Under the DSL, the judge must conclude first, that there are aggravating facts, and second, that the aggravating facts outweigh any mitigating factors, before imposing the high term. In this case, at a post-trial hearing, the judge found by a preponderance of the evidence that Cunningham's victim was particularly vulnerable and that his conduct was violent, making him a danger to the community.
This will depend on the nature of the position sought and the circumstances and background of the offences. As an organisation using the Criminal Records Bureau (CRB) Disclosure service to assess applicants’ suitability for positions of trust,
March 18, 2013 CJA-364 Criminal Procedure Policy In the criminal justice system, there are laws and certain guidelines that must be to follow, because the United States Constitution has requirements that rule. Due process and crime control models have been put into place in order help shape how the criminal justice system deals with criminals when they are caught doing criminal acts. They are the building blocks and help shape the criminal procedure policy, and have allowed the system for some fair trials or to some not so fair depending on the model being used. The United States Constitution has help shape these models because of the rules put into place by the fourth, fifth, sixth and the fourteenth amendments. Each of the selected