It protects the guilty rather than the victims. This rule basically states that evidence obtained illegally cannot be used in a criminal trial. The basis of this rule is supposed to prevent the police and other sections of the government from illegally searching or violating our homes and our privacy. When all it really does is prevents the truth from surfacing and help criminals go free. After researching both sides of this issue, in no way am I stating that I don’t understand the determination of the opposing side to keep this rule.
They will withhold critical evidence from the defense team and will resort to immoral if not illegal tactics in their investigation of the offense. Their personal opinion is that they actually do not care if the defendant is guilty or innocent, they just want a conviction. They want to extract their pound of flesh. Also researchers have determined that some of the causes of prison overcrowding are harsher penalties for criminal activities, changes to laws that make new actions illegal, high recidivism rates and needed improvements to the penal system. Once the causes of crowding have been fixed researchers can begin to address the problems it causes and deal with them.
Opponents of civil disobedience see it as a threat to democratic society and the forerunner of violence and anarchy. The premise... to disobey a law that they feel is unjust. As martin luther king Jr. , wrote in his Letter from Birmingham Jail, "I submit that an individual who breaks a law that his conscience tells him is unjust, and willingly accepts the penalty by staying in jail to arouse the conscience of the community over its injustice, is in reality expressing the very highest respect for law. " Civil disobedience is most justifiable when prior lawful attempts to rectify the situation have failed; and when the acts of civil disobedience are done to force the society to recognize the problem; when performed openly and publicly; and when the actor will accept the punishment. Many proponents urge that civil disobedience be used only in the most extreme cases, arguing that the Constitution provides many opportunities to voice one's grievances without breaking the law.
The criminal justice system ensures that everyone that commits a crime is punished as a result of the crime they commit. The prison system (incapacitation) was initially developed to keep offenders off the streets thus preventing them from committing crimes in the community resulting in the reduction of crime rates. Capital punishment is also part of the prison system were it is carried out but, in society not everyone feels that criminals should receive the death penalty for a murder they committed. People also believe that capital punishment does not in any way deter future murders committed by other criminals. According to the article “The Death Penalty Does Not Deter Murder,” Hentoff says, “statistics [show] that the murder rate in states with the death penalty is higher than the murder rate in states without capital punishment.” (2004) On the other hand in the article “The Death Penalty Deters Murder,” the author says, “by removing a
An adults sentence is to punish the offender for the crime he or committed. Once a juvenile enters the correctional system he or she could serve time in juvenile hall or boot camps. The juvenile system believes that with the right kind of help and guidance the juvenile can be rehabilitated, this why the juvenile system focuses on rehabilitation. The adults that are put into confinement are not often rehabilitated, because that is not what the adult system is about, it is about punishment for the crime that he or she has made on society. The juvenile system is more lenient than the adult system also.
Also, it is important in this process to prove a person guilty by legally-found facts and evidence. However the crime control model does not protect a suspected offender’s rights as much. The crime control model is based more on helping the victim, even if defendant’s rights are compromised. This model attempts to repress crime and give expansive power to police. It looks to find guilt rather than prove innocence.
There were several reasons behind this. One reason was to divert ones who would normally have no issue in committing a crime and for ones who have already committed crimes after their release not likely to return and serve a sentence. Penitentiaries also serve as a place to face punishment when one has committed a crime as well as encourage any type of personal reform for their actions. Penitentiaries are especially used to protect innocent people from these one who have committed crimes (Encyclopedia Britannica, 2011). American prisons have two different types of models.
Like the item says, 'functionalist sociologists focus on how far individuals accept the norms and values of society.' Durkheim blames people not being fully integrated into society’s norms and values as to why they commit crime. So he said once people have served their time for their crime, they should be reintegrated. It’s a strength that Durkheim suggests them being reintegrated as it means they’re less likely to reoffend if they feel they belong to their society and do not look for status through crime. However, interactionists would say that agents of social control cause crime, not the society you are in.
They had the idea of committing the perfect crime. Darrow convinced them to plead guilty and then argued that they should face life in prison as they were a danger to society rather than the death penalty. Darrow argued that the two teenagers were not responsible for their crimes, as it was because of their upbringing and their environment, so they
To discourage and deter people from committing crimes means that something must be done to prevent this action. This is done via corrections; when people see what happens to people who commit crimes, people will have a tendency to shy away from it (Gardner, T. & Anderson, T., 2012). Protecting the society from dangerous and harmful people is the job of law enforcement. They hit the streets, the waterways, and the air to ensure the citizens are protected from criminals (Gardner, T. & Anderson, T., 2012). Punishing people who commit crime is the job of the prosecution lawyer; they attempt to put the violators behind bars (Gardner, T. & Anderson, T., 2012).