(Nickel: 2010) Human rights are part of who we are; we are born with the fundamental human rights to life, protection and many more. “A human right is a right that a human has simply by virtue of being a human person, irrespective of his or her social status, cultural accomplishments, moral merits, religious beliefs, class membership or cultural relationships.” (LenkaBula,2010:19) There are many different types of human rights which can be divided into 6 different categories. 1. Security rights – which protect people against crimes such as murder, robbery, rape and torture. 2.
-Supporting people to exercise their rights-the rights of people are protected by law and in particular by the Human Rights Act 1998.Sixteen basic human rights have been incorporated into UK law. These rights protect everyone from harm, and set out what we can say and do, as well as our right to fair trial and other basic entitlement. We as care workers have an important role in upholding people’s rights. -Supporting people to exercise choices. Choice is not only for people who can speak for themselves.
It is important to the criminal justice system because a client should always have adequate representation. The issues that surround attorney-client privilege also make it very important to the court system. Some of the issues that exist because of the complexity of privilege are mainly questions such as in what instances should an attorney break that privilege, what if a client admits guilt of a crime, what about a client that conveys their intent to commit a crime. Admitting guilt of a crime that has already occurred is considered privileged information, however, a client that conveys their intent to commit a crime is not covered under the attorney-client privilege. It is an attorney’s obligation, in fact, to break that attorney-client privilege in order to prevent future harm (Meyer & Grant, 2003).
Due process protections under the Constitution force the state to fulfill its burden of proving its case against the accused. I personally prefer the due process model rather than the crime control model, The crime control model assumes guilt by fact. The person is guilty unless proven innocent. This is one of the downfalls of the Crime Control Model. The concern with this model is a quick and speedy conviction despite the innocence of the alleged criminal.
A victim is the person who suffers some kind of harm as the result of the offender’s action. This includes a person who has been directly harmed or indirectly affected. During the criminal investigation process the suspected offender(s) and victim(s) are set with certain rights to ensure each individual is treated equally with justice. The rights to fair trail, supported by strict rules of evidence and procedure is fundamental to the criminal justice system and this balancing act. Society expects the police to keep them safe and protect them from harm brought on by other people(s).
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.
Human Rights are a key part in every Human Beings day to day lifestyle. Human Rights impact the Public Services as it ensure that all the members of each public Services individual rights are protected. Both the Members of the Public Services and the Communities they serve receive the same Basic Human Rights, including; the right to life, no punishment without law, prohibition to torture, the right to a fair trial, and the protection of property. These Rights impact the services positively as it ensures every human being is treated
Rights and Responsibilities The Catholic tradition teaches that human dignity can be protected and a healthy community can be achieved only if human rights are protected and responsibilities are met. Therefore, every person has a fundamental right to life and a right to those things required for human decency. Corresponding to these rights are duties and responsibilities to one another, to our families, and to the larger society. 4. Option for the Poor and Vulnerable A basic moral test is how our most vulnerable members are faring.
This principle is basically asserting that fundamental liberties come first over anything concerning justice. Every person is entitled to equal basic liberties that should be exercised. These liberties include: political liberty (right to vote, public office, etc. ), freedom of speech and assembly, the liberty of conscience, freedom of thought, freedom to hold and own property, and freedom from arbitrary or unjust arrests. To allow human beings to be human, meaning the capability of humans to choose what they do and do not do and strive for whatever personal endeavors they aspire for, necessitates that the fundamental liberties be protected and held equal.
Language barriers and the availability of court interpreters intrude into the process of justice and prevent essential communication and understanding. This ultimately negates some of the basic strengths and values of the criminal justice system. In order for all individuals to be afforded equal justice and for courts to achieve their mission by making equal justice accessible to all. The court systems must develop viable systems to provide competent interpretation services those who are impaired/disabled, limited and non-English Speakers. All states and the federal government have laws establishing victims’ rights.