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
Crime maybe controlled by fear of punishment 4. Punishment that is severe, certain, and swift will stop crime They believed in fast punishment instead of long trials. One of the major parts of criminal punishment reform was for fair and equal treatment of accused offenders. Judges could punish criminals however they wanted to no matter how severe the crime. 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.
Many believe that a government without limits will turn into a government that acts in ways that will disregard the rights of all in all circumstances (Zalman, M. (2008). Those who support the crime control model, however, indicate that these protections hinder law enforcement investigation and allow defendants more privacy than victims are allowed “Crime control emphasizes an efficient criminal process through early determination of guilt by law enforcement agents” and the Fourth Amendment prevents this (Cornell,
Each of these represents a different philosophy which stems from a different understanding of human nature. Retribution and incapacitation are the only ones that are truly forms of punishment. Deterrence is a philosophy based on the threat or fear of punishment, and restoration is a goal of sentencing to help make victims “whole again” (Schmalleger, 2014, p. 343). I will discuss rehabilitation later in this paper. Retribution is defined as “A just deserts perspective that emphasizes taking revenge on a criminal perpetrator or group of offenders” (Schmalleger, 2014, p. 341).
Others may think the exclusionary rule should not be used to enforce the Fourth Amendment. They feel at times it is necessary for the exclusionary rule to not be used. I can understand their position because they are looking at putting the accused defendant behind bars and make sure they are punished to the fullest. At times without the exclusionary rule, the case in court can succeed and get the result the prosecution and maybe even what the public want. Sometimes people feel the defendant has too many rights and has more benefits, which could help them get away with criminal activity.
Do you believe that the judicial system should be based on holding people accountable for their choices (blame) or probability of future crimes committed? Explain your answer. I believe the judicial system should have this role. It is their job to serve justice and keep society safe. If someone has this problem, they should look for help before its too late.
‘ It is one thing to assert that crime can be made to serve some social end or other once it has occurred, for example to heighten solidarity by uniting against the offender. It is another step altogether to explain crime as promoted in advance by society to bring about that end’ (Downes and Rock, 2007, pg 83). There are sub
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.
Every criminal case will inspire people to be dedicated to a certain emotion, depending on the situation of the accused and our personal bias’ towards them and their circumstances. As Nicholas Cowdery, former NSW DPP, said, “Justice is like beauty, it is very much in the eyes of the beholder”, meaning that every person will have an opinion on what justice should be. Communities as a whole are interested in the protection of themselves and other members of the same community, ensuring that they are safe at all times. When there is a criminal amongst a community that threatens this safety, people will lean towards the idea of revenge or just deserts. This means they feel that perpetrators should be punished for what they have done, despite other factors that the defence may use to excuse their behaviour.
Also the offender is more likely to go back to a life of crime because that’s sometimes all they know how to do so that they can survive in the real world. I also believe depending on the crime the offender commits they should have a more lengthy and strict probation if they aren’t given jail or prison time. Even though the jails and prisons are largely overcrowded and sometimes state funds can’t incarcerate habitual offenders I feel that that they need to be on stricter probation or parole sentence so they understand that what they are doing is wrong. I do not believe that individuals who commit misdemeanors should be subjected to a lengthy prison