The Swedish population feels that there are those who are dangerous to society and want them locked up securely; however, they also note there is a need "to stick with our philosophy of humanization" (Alvarez, 2005). The escapees, by the way, were soon recaptured but not before the resignation of the Prison Service director; there were also calls for the Justice Minister, Thomas Rodstroem, to resign but he remained in his position (Alvarez, 2005). He did however begin a "comprehensive review of Sweden's prison system," including plans to build a "bunker-style prison for the most violent offenders," though the idea has since been dropped (Alvarez, 2005). The escapes in 2004 were the first made "from Sweden's maximum-security prisons in a decade," and Alvarez suggests that they are due to a "change in the prison population" (Alvarez, 2005). Sweden's prisons, like those in the U.S., are filled to capacity and holding inmates who are "savvier, bolder, more organized and more violent than in the past" (Alvarez, 2005).
In some states, the individual must be convicted of two serious felonies for the three strikes law to apply, while in others any felonies count towards the third strike. Critics of the three strike law express many strong arguments against their harsh legal statute. Our society has ultimately had an issue with the three strikes law. Some people have said that the law “destroys the flexibility of the courts and the judge, it is unjust in certain conditions, and it adds more criminals to an already crowded and expensive criminal system”
Explain how mandatory sentencing breaks the Separation of Powers Doctrine. Mandatory sentencing infringes upon the separation of powers doctrine because deprives the judiciary of its independence, this results in unfair punishments being handed down to the people of the State and the judiciary simply becomes a political tool for the government. Mandatory sentencing is where people convicted of certain crimes must be punished with at least a minimum number of years in prison. Mandatory sentencing limits the judicial discretion. Judicial discretion is the power granted to the judiciary through the separation of powers allows the judiciary to freely decide what is to be done in particular circumstances.
| Criminal Justice as Rational: | Understanding Search and Seizure Procedural Law | | | | The focus of this paper is on the criminal justice as rational legal perspective and how it relates to my chosen topic of study, search and seizure procedural law. First I will give a brief background of this perspective using the pain and pleasure hypothesis as suggested by Jeremy Bentham, as well as the social contract theory relating to the rational legal perspective. I will then attempt to define and discuss the basic components of the rational legal orientation; democracy, the constitution and the rule of law. Using these three basic components of the rational legal perspective I will then be able to draw conclusions analyzing search and seizure procedural law and its relation to the rational legal orientation. Criminal justice as rational is a perspective of the criminal justice system that adopts the utilitarian belief that human beings are reasonable and rational creatures.
These things are no joke. One of the greatest challenges facing the criminal justice system is the need to balance the rights of accused criminals against society’s interest in imposing punishments on those convicted of crimes. This tension is illustrated by the debate over whether defendants have the right to be represented by an attorney. Whether or not those accused of a crime should be vigorously defended by lawyers, and whether lawyers should even accept such a case in the first place goes to the heart of the issues in Criminal Justice: Opposing Viewpoints. The authors examine these topics and others in the following chapters: Does the Criminal Justice System Need Reform?
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.
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. The higher courts do this by reducing or increasing sentencing on appeal and issuing guidelines sentences. The case of R v jurisic (1998) NSW is about an appeal by
These sanctions gives the options of imprisonment or just simply probationary release back into the community (Maghan, 2004). This will allow the prosecution, the judge, and the correctional official’s the opportunity to apply the appropriate punishment to the offender without the constraints of the traditional choices. However, when looking at the theories of these punishments that have influence these sentencing laws one would look at the politically conservative of the 1980’s and the 1990’s when legislators seized power over sentencing and introduced these laws (Lozoff, 2012). The laws are as
The publicity of the case and the one-sided role of the media caused a majority of people, internationally, to be biased and influenced. This impact then led to numerous problems and difficulties in being treated fairly, such as finding an impartial jury. This factor of having preconceived idea meant that the jury had already decided Lindy Chamberlain’s fate, opposing the justice being “served,” legitimately. Wiping away any chance for Lindy Chamberlain to prove her innocence creates an inevitable outcome. The Chamberlains being judged under a heavily biased jury influenced by the media, therefore shows the maltreatment of the case by the justice system and the society.
ALTERNATIVES TO INCARCERATION The United States prison system is in need of a critical fix. The prison system is currently overcrowded. Prison officials, legislators and criminal justice practitioners are aware of the problem. However, there is no easy solution to this monumental problem. An alternative to incarceration is a daunting task that must be addressed.