The results, of the crime control model are wrongful convictions, being over-turned and this is a major downfall in the criminal justice system. On the other hand the due process model is more concerned with the structure and the efficiency of the law. The due process focuses on evidences and facts in a case and ensures that a person in innocent until proven guilty in the court of law. In addition the due process model goal is the prevention and the elimination of crimes within the criminal justice
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. The members of the Classical School of Thought believed that preventing crime was more important than punishing the criminal. When criminals know what the punishment is going to be for the crimes that they are going to commit it will help to deter the crimes from being committed. When people do commit crimes the crime is done of their own free will. This procedure of knowing the punishment with it being severe to the
Restoration is the attempt to make the victim “whole again.” The goal is to repair the harm the crime has done between the offender, the victim, or the community. Incapacitation is locking up dangerous individuals from society removing the offender’s ability to commit crime. Rehabilitation is the attempt to reform a criminal offender. The question whether rehabilitation works is
These guidelines are given precedence over one another when the judiciary determines an appropriate sanction depending on the circumstances surrounding the offence. Incarceration is effective when the principles of general deterrence, denunciation and incapacitation are given primary consideration. However, when the principles of rehabilitation, reparations, and instilling a sense of responsibility in the offender are most important, restorative justice is a more effective alternative to incarceration. Therefore this paper will evaluate both incarceration and restorative justice within the framework of current sentencing purposes and principles and identify general circumstances wherein each sanction is most effective. Origin of Current Sentencing Purposes and Principles The purposes and principles of sentencing the judiciary uses today are relatively new additions to Canadian law.
Using materials like anti-climb paint or neighbourhood watch schemes they make the target harder to achieve, or more risky. This process is called target hardening. An advantage of this is that it directly influences the criminal by allowing them to stop and think about the real consequences to their actions. Another concept that right realists believe should be implemented is a zero tolerance policy. A zero tolerance policy is a tough system of policing that was put into practice in New York, USA, in which even minor offences are punished.
The philosophy of retribution is that of an eye for an eye, a tooth for a tooth. In other words, that to cause a crime violates the social contract and a criminal must pay his or her debt to society by being punished. This principle suggests that a crime against one individual is a crime against all citizens. According to Lawlink, retribution is the theory that the guilty should endure the punishment which they entirely deserve. Denunciation then again, involves the imposition of a sentence which is in fact severe with regards to make a statement, which the crime in question is not to be tolerated by the community (2003).
Within the rational actor model, the foundation of which is based around the classicist belief that criminal behaviour is a matter of conscious choice, exists 3 theories, namely ‘contemporary deterrence theories’, ‘rational choice theories’ and ‘routine activities theory’. The contemporary deterrence theory focuses on the swift and certain punishment that would guide a rational person to see that punishment far outweighed any benefits gained from committing a crime. This deterrent ideology is divided into two areas, namely general deterrence and specific deterrence. General deterrence is a display of what happens to offenders if they break the law to the general public, whilst specific deterrence uses punishment to discourage re-offending. High rates of recidivism however would suggest that this theory is somewhat ineffective.
What is done is to “instill habits of work in people, help build their skills' then they will be rehabilitated. The third one, which believes that true rehabilitation takes place when such person is allowed back into the community and is a combination of both retributive and rehabilitative theories, seeks to: “1) deter future and past criminals from doing a crime because the threat of incarceration looms 2) incapacitate the offender to stop the individual from possibly endangering others 3) punish the criminal by serving time and living a restricted lifestyle and 4) rehabilitate them for release into society (Fuller , 125-27). By the Bureau of Justice Statistics, the probation success rate is 62%. Most probation programs are designed to (1) protect the community by assisting judges in sentencing and supervising offenders, (2) carry out sanctions imposed by the court, (3)
Specific deterrence method focuses on the fact that if an individual is punished strongly for one crime, then they will not commit this crime again out of fear of punishment. With this method offenders find themselves going to secure, strict, even unsanitary facilities that drive them away from wanting to commit crimes later. In addition the experiences juveniles are subjected to while incarcerated are supposed to outweigh any benefits delinquent behavior will bring. An example would be having set mandatory sentences for certain crimes, that lets youths know that if they commit the crime then they will be incarcerated. Situational crime prevention stops juveniles by not enforcing strict laws that require harsh punishment, but rather by simply educating society
Deterrence also helps to prevent crime in two ways. One of which is specific deterrence. Specific deterrence helps to decrease recurring violations by reappearing convicted criminals. The other is general deterrence. General deterrence sways certain actions in the direction of people that have not carried out any