It does explore the negative view and how offenders can remain indifferent to their actions even after hearing how their actions affected the victims life. This chapter is informative to my view in comparing evidence, for and against restorative justice and concluding that it does have a more successful outcome then sending an offender to court. 3. Lind, B. & Luke, G. 2002, ‘Reducing juvenile crime: conferencing versus court’, Crime and Justice Bulletin, no.
Police officers have to go on the possibility, supreme trustworthiness of police fact finding, treats the person(s) arrested as if he or she were found guilty (N.A., 2008). Crime Control Model Each system was designed by Herbert Packer, a Stanford University law professor, with the intentions to represent the two competing systems of values that operate within our criminal justice system. In this paper we will attempt to compare and contrast the role of the due process and crime control models have on shaping criminal procedure policy. We will review and assess the impact
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. A utilitarian study means that everything is valuable; it has a utility or useful purpose, (Gorkoff, Personal Communication October 2012.) Jeremy Bentham focuses on the principles of utility. In his writing, ‘An Introduction to the Principles of Morals and Legislation,’ he shows that people have two measures of action; ones that determine pain and those that bring pleasure, both governments and individuals consider these actions when creating, maintaining, enforcing and following laws, (Gorkoff, Personal Communication October 2012.) Bentham states that; “pleasures then, and the avoidance of pains, are the ends which the legislator has in view,” (Bentham, pg 106), meaning that crime and action are determined by the end goal of whether it brings pleasure or pain to the individual.
This has been developed in a variety of ways, in part of efforts to abolish parole, to adopt certain kinds of determinate sentencing guidelines and to put into practice other sentencing reforms. "www.thefreelibrary.com" (2011). I believe truth in sentencing is a deterrence of recidivism when using good time and work time credits. I believe every person deserves the opportunity to pay off their debt to society and prove that they will not be a repeat offender. Once a criminal has been convicted and has been sentenced to do their time, this is where they are able to show society and the criminal justice system that they have learned their lesson from their mistake.
“ That actions, rules, and institutions are justified only to the extent that they bring about the greater overall good, where by “good” Bentham means pleasure and the absence of pain” (Solomon & Murphy, 1999, p. 215). 4. Jeremy Bentham and the Utilitarian Perspective of Justice Cont: Emphasized a hedonistic (felicity calculus) approach that suggested that individuals seek to maximize pleasure while simultaneously minimizing pain. Supported a justice system that provided the most efficient means of punishment for the good of the most amount of people. Utilitarian thinking supported punishments that were impartial and only followed guidelines based on the crime itself.
The criminal justice system, like any system is designed by human beings and hence possess the possibility of a loophole for criminals. Needless to say, the system was introduced in order to maintain law and order as well as provide a safe community for the people. If this is true, then why do we get to witness crimes, some beyond the horror of one’s imaginations and later find that the court decided to rule in the accuser’s favor by making him not criminally responsible for his
This is seen in the statement “… the rules of evidence are considerably more strict [than the inquisitorial system].” This shows that the evidence that will be accepted is of reasonable quality and that it will less likely be made up. The burden of proof in criminal cases lies with the prosecution. The standard that guilt must be proven is beyond reasonable doubt. This is so that there is less chance of an innocent person being convicted. The statement, “No matter how strong the prosecution’s evidence may be, if the magistrate or the jury has any reasonable doubt that he or she is guilty, the accused is entitled to be acquitted” proves that there should be no doubt when convicting a person.
Courts exist only to prosecute the criminals to the full extent of the law. One can be sentenced to jail time, pay a fines, probation and even humiliation in front of the public eye. These types of sentences are used to teach the criminal a lesson and to show them that committing any type of crime is against the law. Everyone must obey the criminal laws. That is why they were put into effect, because anyone that doesn’t obey them is punished to the full extent of the law.
This is taking them out of society and reducing their ability to commit any other crimes. Rehabilitation is the philosophy that society is best served when wrongdoers are not simply punished but to also provide resources needed to eliminate criminal behavioral. These four philosophies provide us with a basic understanding of what the purpose is behind sentencing. Now that we have a basic understanding of what is behind sentencing let’s look at the structure of sentencing. Some of the things that determine sentencing are legislative sentencing authority, judicial sentencing, and administrative sentencing.
Although every crime violates the law, not every violation of the law is a crime. Another important component in our criminal justice system is our court system. The court system is the basis behind the decisions made toward defending the plaintiffs, protecting the defendants, and prosecuting the defendants. Any