Criminal law consists of bodies of regulations and rules that will specify and define the punishments for the wrong committed against society or the state. Criminal laws are enforced on state, federal, and local levels. Criminal laws are in place to maintain some type of standard of conduct more acceptable in society, and to safeguard society from criminals. The purpose of criminal laws is to set a no tolerance standard for criminal behavior, also meaning no crime committed will go unpunished thus an attempt to keep the community crime free and safe. When
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.
The criminal investigation process is a complex aspect of the legal system that aims to gather evidence lawfully, justly and in the accordance with the rights of the victims, accused and society.The criminal investigation process encapsulates the powers of police to detain suspects, gather evidence, interrogate and to search and seize property, through the appropriate use of warrants and other legal means. The criminal investigation process also entails the rights of suspects, such as to bail and remand and the right to counsel during interrogation. Police investigate most alleged crimes, but it is left to their discretion as to whether or not the alleged criminal activity warrants investigation. This may come down to the resources that the police have at
Deterrence also helps to prevent crime in two ways. One of which is specific deterrence. Specific deterrence helps to decrease recurring violations by reappearing convicted criminals. The other is general deterrence. General deterrence sways certain actions in the direction of people that have not carried out any
Mr. Beccaria and other members of the Classical School fought for punishment to be set by legislative instead of judges having all of the authority for punishment. The members of the Classical School of Thought believed that preventing crime was more important than punishing the criminal. When criminals know what the punishment is going to be for the crimes that they are going to commit it will help to deter the crimes from being committed. When people do commit crimes the crime is done of their own free will. This procedure of knowing the punishment with it being severe to the
It is their duties to ensure public safety and maintain order. Secondly, are the Courts, which sentences criminals based on evidence gathered by the Police and Lawyers. Thirdly, are Correctional Institutions, which detains or rehabilitates criminals. The graphic illustration below outlines the Criminal Justice System and its key components: Police The first component is the police, which serve as the gate keepers for the Criminal Justice System. The term police originated from the “Latin word politia” which means civil administrations’’.
Within the due process one may not be treated cruel, unfair or be given unreasonable treatment. Every accused person is entitled to fair procedures, and the due process applies to the criminal justice system as the trials, parole hearings, and administrative hearings. Due process main goal is to protect the innocent from being wrongfully convicted but may be looked upon as focusing on the rights of the accused and ignoring the rights of the victims. Crime control model is taken back a little and is the complete opposite of Due Process Model, which the crime control model focuses on the initial arrest, prosecution, and the conviction of a criminal. Due process priorities stand with protecting an
It protects individual against a second prosecution for the same crime, it also protects us multiple punishments by same crime. There should be some edits should be done to the fifth amendment, because I feel that an individual should be able to put to trail second time, just by using the new evidence. On the other hand the double jeopardy save individual from the law enforcement abusing the power to violated the citizen’s rights. Reference Beazer, M. (2011). Make Sure That Justice Is Not Put In Jeopardy.
Acts of armed robbery that end in violence or homicide tend to render the public outraged and give their voice a stronger demand for justice to be done. If we choose to take the stance that our criminal justice system is mean to only keep society safe and that justice is carried out then we need to recognize that the laws we have in place currently are set in place to do so. In theory we could see how enforcing a harsher sentence to those who choose to commit violent acts or armed robbery would work as a deterrent to prevent criminals from committing the act as often as they do
Specific deterrence method focuses on the fact that if an individual is punished strongly for one crime, then they will not commit this crime again out of fear of punishment. With this method offenders find themselves going to secure, strict, even unsanitary facilities that drive them away from wanting to commit crimes later. In addition the experiences juveniles are subjected to while incarcerated are supposed to outweigh any benefits delinquent behavior will bring. An example would be having set mandatory sentences for certain crimes, that lets youths know that if they commit the crime then they will be incarcerated. Situational crime prevention stops juveniles by not enforcing strict laws that require harsh punishment, but rather by simply educating society