Basic rights are protected by criminal law. Once a person is convicted of committing a crime, those basic rights are taken away. Also, once the crime rate has gone up, or there are too many people doing the same crimes, for example gun violence, our basic rights can be changed and altered, so there are restrictions on the basic rights of citizens. The police and law enforcement systems are required to enforce criminal law. If any citizen tries to misuse his or her basic rights, or take away other citizens, law enforcement is required to take action on it.
Classical School vs. Positivist School Edwin De Leon Assignment 1.1 Classical School vs. Positivist School The primary ideological differences between the Classical and Positivist School theories basically argue that deviance and abnormal behavior comes from free will rather the other argues that crime is determined. The Classical School assumes that everyone is a rational actor and acts upon free will. The Positivist School assumes that criminals are determined to be criminals based on factors outside their control. According to Italian philosopher, Cesar Beccaria who wrote On Crimes And Punishment, humans were rational actors and exhibited free will. Beccaria also says that people chose to commit crimes for greed and personal need.
In theory, the use of these alternative methods of incarceration allow the convicted criminal [offender] to be humanely reintegrated into society more effectively than traditional methods. This theory is based on the criminal's possibility of productive membership in society, and the belief of the individuality, or uniqueness of criminals derived from the field of criminology. It also encompasses the preconditions of sentencing, and principles similar to that of the justification of incarceration. Pre-modern criminal discipline constituted mostly of exile, and a variety of corporal and capital punishments. The predominant principle was "an eye for an eye and a tooth for a tooth" (Dodge 3).
Criminal Justice System Paper Sarah Murphy CJA/204 Monday, August 29, 2011 Professor Danny Williams Criminal Justice System Paper In the world today, with consideration, the criminal justice system includes a group of agencies, government workers, and processes established by our government to control crime rates and inflict penalties to those who disobey the law. In using certain components, our government is better able to administrate criminal justice processes successfully to the innocent and to the guilty. The Criminal Justice System The criminal justice system is here to assist in controlling crime and imposing punishment to those who disobey the law. Crime is defined as an “act or the commission of an act that is forbidden or the omission of a duty that is commanded by a public law and that makes the offender liable to punishment by that law; especially: a gross violation of the law” (Schmallager, 2009). The criminal justice system is broken down into jurisdictions ,these jurisdictions, with considerations, are created by certain factors such as the city, county, state, federal or ,tribal government or military installation.
Soc Theory Deterrence Theory The deterrence doctrine follows the process similar to other social control viewpoints, which aim to understand the reasoning behind what causes people to deter from committing crimes. Cesare Becarria and Jeremy Bentham first implied the notion of the deterrence doctrine in hopes of reinstating “harsh, inequitable and often-capricious criminal justice system.” (pg.388, Sheley) They fought to institute guidelines and policies in order to provide the best outcome for the greatest number of people by maximizing reward and minimizing cost. Beccaria and Bentham believed the most sufficient way to uphold this theory was to have the overall cost of punishment outweigh the potential criminal reward presented amongst possible delinquents. “Formally defined, deterrence is the omission of an act as a response to the perceived risk and fear of punishment for contrary behavior.” (Pg.388, Sheley) According to Gibbs, deterrence can be divided in two categories known as specific deterrence and general deterrence. Specific deterrence generally targets individuals who have been punished or currently being punished for a criminal act with the hope of preventing them from committing crimes in the near future.
In the adversarial system, the accused is presumed innocent until proven guilty. The adversaries are the Prosecutor and the Defense. Each presents their best arguments and facts as about their theories of the case, and they show weaknesses in the other side’s case. The Judge is supposed to remain neutral, weigh the arguments and produce a judgment. Another word for this is "blind justice" which means not blind to the facts but blind to the wealth, color, religion etc.
We try to give people the benefit of the doubt that they are innocent and it is the burden of the state to prove they are guilty. That is why we use the adversarial system here in the United States. The adversarial procedure is described in our text: Essentials of Criminal Justice by: Siegel and Worrall on page 161, eighth paragraph” The procedure used to determine truth in the adjudication of guilt, in which the defense (advocate for the
Primary ideological difference between classical school and positivist school. The main difference is how classical school and positivist school classify how a person is more likely to commit a crime than others. Classical school believes that people that commit the crime does it on their own free will and positivist school believes that person that is committing the crime is outside of their control. Classical school believes that everyone that commits a crime commits it off their own free will. Also that people are aware of their own actions.
Lastly, this paper will define what inchoate offense is and will compare it to elements of additional criminal offenses. In order to fully understand criminal law, one must also understand its purpose and its sources. Criminal law has many purposes, but to sum it all up, according to Schmalleger (2010), “criminal law protects the law-abiding citizens while maintaining social order through the conviction and sentencing of the criminals. Criminal law provides protection to all law abiding individuals and will sentenced the ones who committed the crimes. Criminal law has many sources, one is the Constitution.
People may rationally choose crime because it provides them with psychological and social benefits and can help them solve problems. Rational Choice Theory roots are based on the classical school of criminology, by Ceasare Beccaria, who viewed that crime is rational and can be prevented by punishment. Beccaria believed criminals weighed the consequences of crime before choosing to violate the law. They would be likely to choose crime if punishment were swift, certain, and severe. The implications of this theory are that we assume criminals are rational decision makers who will choose not to commit crime if they believe that they will be caught and severely punished for their crimes.