...An issue facing the criminal justice system today is more juvenile offenders. There are more and more juvenile offenders. Children are growing up so fast in today’s world that they are committing crimes at younger ages. This issue impacts the criminal justice system in a few ways. One the juvenile detention centers will get crowding with youth. The probation programs will also get crowded. Probation officer will be over worked because of so many cases. If the issue was magnified the juvenile justice system would only get more over worked then what it is now and more and more youth would slip through the cracks and not get the help that they need, and would most likely become repeat offenders and go into adult life committing crimes. The crime rates will rise and society would become even more fearful. I f the issue were to decrease the juvenile system would be able to help the juvenile offender more individually to help them get on the right path in their lives. We would be able to try to help more youth offenders get the help that they need to become better upstanding citizens. Society would become less fearful and more willing to help youth more, rather than considering them a lost cause when they do get into trouble. The personnel in the criminal justice system would have to work even harder because of a higher work load if the issue magnified. There would be more cases assigned to the personnel that they would not be able to commit the quality time to all cases, some...
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...as poor person versus a rich person. The two models that were developed by Herbert Packer were the crime control model and the due process model (book). Both models have similarities as well as differences and not one is “good” and the other “bad” according to Packer. The two primary goals within the criminal justice system are the need to enforce law and maintain social order and the need to protect people from injustice (defenseinvestigator). The fourth, fifth, sixth, and fourteenth amendments play a signifigant role when analyzing both the due process model and the crime control model. This paper will further explore both models as well as how the models view the fourth, fifth, and sixth amendments and how the fourteenth amendment gives the same rights on a state level as well as federal. Crime Control Model The crime control model is a stern approach to the criminal justice system. As described by Hubert Packer, “the crime control model is like a conveyer belt, moving cases starting from arrest to conviction in a swift and fast process (Book).” Fact finding is what defines this model. If an officer makes an arrest based on his or her facts then the prosecutor should push forward with the charges and the individual is presumed guilty. This model can pose some penalties if a person were arrested and convicted for a crime that he or she did not commit. Within the crime control model it is viewed that society must give up individual rights for the greater good as well...
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...Development of Corrections In my opinion, I believe that before the 1800s women’s prisons happened to be very developed for the women that committed crimes and caused problems. Before the 1800s, in prisons there happened to be these types of devices that were used, which were called the Brank, and it was used to punish and control the women that happened to be outspoken women and the women that disobeyed their husbands. At this time, things happened to get very bad for women. Before the 1800 century, the type of punishment that was used for women happened to be given in many different forms which really caused problems during this time. Some of the women that happened to be serious offenders happened to be hung or even burned. Plus, there happened to be some women that were sold as slaves to others. Since then women’s prisons have changed completely. If they were to commit a crime they will be punished for it, but they will be punished in the proper way without violating their rights. A number of individuals happen to argue that the 1800 century and the early 1900 century happened to be a period in which the change of the juvenile criminals would have taken place. There were a lot of key features that were in the juvenile justice system which happened to cause tension between the systems of punishment and reformation, plus the separation of all of the juveniles from adults of the criminal justice system. I believe that if there wasn’t a difference between the prisons...
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...CJA/204 Crime is an omission or act which violates laws that results to punishment of an individual. The specific omissions or acts that constitute a crime are determined by the governmental bodies from the area you live. At any given time you will most likely be subject to three sets of laws. Defined is the first set federal statute. Outlined by the state government where you live is the second set. The third set is laws enacted by local government. If conflict ever arises in local rule or state in federal law generally federal law will control. The crime or offense level will usually be set from how sever the crime. Paying a fine to being incarceration can be the range of punishment. Law means a set of rules, regulations and principles by following which the society runs. Before you can be punished for the conduct most crimes require that you complete an affirmative act. Relationship between crime and law is without the strict enforcement of the law crime cannot be prevented. The two most common models on how society determines what acts are criminal are Due Process Model and Crime Control Model. Due Process highlights rights of a group of people and an individual’s right. Courts, quality, formality and individualization are the important issues that ensure the respect of due process. Crime Control is the efficient maintenance for safety of a community. Police, quantity, informality, and standardization are considered important to be able to have crime control...
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...Once a person has either pleaded guilty or has been found guilty of a crime a judge must determine a sentence that they must receive. Sentencing is imposing a criminal sanction by a judicial authority. Each year there are thousands of criminals that appear before a judge or judges to be sentenced for their crimes committed. Sentencing descriptions are primarily for felony offenses, or those that are punishable by less than one year of incarceration. Mandatory minimum sentences, three strikes laws and sentencing guidelines frequently require specific sentences, with little consideration of personal factors regarding offenders, their crimes, and victims. The state and federal court system have similar and different objectives of punishment. The state and federal corrections system are affected as a system overall. There is a correlation between determinate and indeterminate sentencing when sentencing a criminal offender in the judicial process. Indeterminate and determinate sentences are the two primary models used throughout the united states. Indeterminate sentences blend the decision by the sentencing judge and a later decision by a relesase authority to determine the actual time served. During the time of sentencing the judge sentences offenders to indeterminate sentences , with a minimum and maximum amount of time to be served. After the offender serves the minimum amount of time he or she is eligible for release by the parole board. The offender may serve the maximum sentence...
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...PRINCIPLES OF SENTENCING: TOWARDS A EUROPEAN CONVERSATION Paper delivered at Conference on “The Limits of the Criminal Law” at Leiden University, January 23, 2008 and subsequently published in Cupido (ed), Limits of Criminal Law (Nijmegen, 2008).[1] Tom O’Malley Senior Lecturer in Law National University of Ireland Galway First, I would like to extend my warmest congratulations to the students of Leiden Law School for having organised this conference. Thanks to their vision and energy, representatives from several European countries have gathered in this historic venue to discuss some key aspects of criminal law and criminal procedure. More often than not, we think of European law solely in terms of European Union law, the jurisprudence of the European Court of Human Rights or both. Needless to say, the study of European law even in this limited sense is of the highest importance given its impact on our national legal systems and our daily lives. However, growing levels of legal and political integration now demand that we broaden our vision of European law to encompass the domestic legal systems of individual European states. Some work has already begun in this regard,[2] but it is only on rare occasions such as this that we can engage in a meaningful exchange of ideas and information on areas of common concern. Criminal justice is a most appropriate and worthy topic with which to begin. In times past, sentencing would not have featured very prominently...
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...Capital Punishment and Crime Deterred Should capital punishment be used in a justice system to deter the level of serious crimes in a society? There have been arguments that capital punishment is the best way to deter crime and arguments that say it is not all over the world. The justice system is in place to keep societies functioning proper, and punish those who hurt that goal, capital punishment is one of the ways that have been aiding in the success. If capital punishment does act as a deterrent for crime, shouldn’t a society use it as a tool for the justice system? However, if capital punishment does not act as a deterrent for crime, then should it be scrapped by the justice system and emphasis be placed on looking for a new way to deter crime? This is more than just a crime deterrent issue because it involves taking a life to save a life. This is an ethical issue of whether capital punishment is the best way to solve the problem, and this has been argued by millions of people all over the world for decades and it is still a highly debated topic to this day. Capital Punishment, also known as the death penalty, is the practice of sentencing a person to execution as punishment for a capital crime after a proper legal trail. It is typically only used as a form of punishment for people who commit serious types of murder. It may not be known, because many countries never actually use it, but there are 58 countries that currently have a form of the death penalty (Unknown, 2010)...
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...Gangs The word “Gang” at one point in time was only used to describe a group of people, now days the word “Gang” is associated with negative groups who commit crime and violence. According to the FBI over 20,000 violent street gangs, motorcycle gangs and prisoner gangs currently exist throughout the United States, with over one million members (Federal Bureau of, 2009). Gangs are made up of all types and kinds of human beings from men, to woman, and even children. A good amount of the crime in several communities around the U.S. is victimized by the gang related activity. Gang activity is higher in cities like Los Angeles, Chicago, Arizona and New York, with more than half of all homicides thought to be gang related homicides (Muhlhausen, 2007). Overall organized crime is anywhere and everywhere; this is a very difficult area for law enforcement to keep control over, a non ending battle against something that will always gain new members. These new members join for many reasons and come from many backgrounds, mainly from distress and un-oriented families. The word “Gang” at one point in time was only used to describe a group of people, now days the word “Gang” is associated with negative groups who commit crime and violence. A street gang is “an association of individuals who have a gang name and recognizable symbols, a geographic territory, a regular meeting pattern, and an organized, continuous course of criminality” (Kenneth J. Peak, 2009). When you walk out of...
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...Future of the Juvenile Justice System Courts: Many changes need to happen to allow a better future of the juvenile justice system. “The elimination of some of the court’s delinquency function as more and more jurisdiction over youth criminality is transferred to the adult criminal system. Another possibility is the removal or reduction from juvenile court jurisdiction of status offenses, including truancy, beyond control of parents, running away from home, and other noncriminal conduct. Instead of utilizing the juvenile court, this type of behavior would beaddressed increasingly by community-based services. A third possibility is the juvenile court’s expanding jurisdiction over abuse and neglect cases.Oversight of abuse and neglect cases and of the social service agencies whichdeliver services to families has become a major portion of the work of the juvenile court” (Hanson, 1996) . “The juvenile court of the future should be able to take advantage of community resources more effectively by turning to volunteers and public-private partnerships for support. Communities seem ready to give their time and resources to children and families. The challenge for each court will be to identify the most effective ways by which communities can be organized to work with the court on behalf of children” (Hanson, 1996). Corrections: There are a few sections that need to be addressed in order to make a better future for juvenile justice system. The points are as follows: I. Create...
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...The Value of Community Corrections Sharvon P. Woodard Professor: Tiffani Davis Introduction to Sociology January 29, 2012 Society defines community corrections as a set of penalties and sanctions given to people convicted of crimes that are unrelated to imprisonment. Community corrections frequently come in the form of probation or commuted sentencing from a parole board, often upon release from prison. Examples of these penalties include residence in halfway homes, monitoring by reporting centers, work release programs, house arrest, and general community supervision. Community corrections programs serve the purpose of monitoring behavior of the convicted criminal, evaluating the likelihood of recidivism, holding criminals accountable to monitoring standards, establishing rehabilitative programs that serve a positive socializing function, and contributing to financial efficiency goals of the community. The type of corrections program is typically adjusted across a range of factors, including supervision, rehabilitation, and counseling. Each of these interests has the long-term goal of reducing the risk of future criminal activity and keeping the community safe. The most properly functioning community corrections programs streamline punishments with the needs of the criminal based on active assessments and risk awareness (Belenko & Taxman, 2011). The idea is that these personalized programs will ultimately be more helpful than a simple stay in local penitentiary...
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...Trends Evaluation In this paper I will be evaluating past, present, and future trends in the interface between components of the criminal justice system and the criminal justice connections with surrounding society. I will also be evaluating recent and future trends and contemporary issues affecting the criminal justice system and the value of the criminal justice system in a changing society. In today’s society the world relies heavily on policing within their communities. People all over the world want to feel safe and police officers hold the power to make people feel secured. There existed a time when citizens felt a lot safer then what they do now. Back in the days people weren’t scared to walk around their neighborhoods and come outside at night. Citizens felt that the police did their job and were on the lookout for them. However, as time continued things changed and that also included the way policing worked. Past Trends In the late 1800s and early 1900s police made people feel safe within their communities. Police officers made it a habit to walk the streets and get to know the people in the areas that they patrolled. At that time citizens and officer had a good relationship, good enough to refer to each other by their first names. Officers were welcomed to the neighborhoods and people were happy to see them doing their jobs. During this era, citizens felt like police actually cared for them and their well being. As time went on and things changed technology...
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...During the 1800s women who went to prison were considered to be guilty both under the moral law and criminal law. The reason for this is because of the fact that she broke the moral laws society sets for women as well as the criminal law in place for all. There were many ways that criminals were punished during the 1800s; hanging, burning, banishment and slavery. The ones that were committing adultery or even killing her husband were automatically burned alive. Those that had only committed a misdemeanor crime were punished by things such as whippings, branding, and being placed in the stocks. There were even social punishments that were put in place just to promote public humiliation and shame to themselves and their families. There was even a mask like cage was placed over the woman’s face so that their husbands and fathers could punish them for being outspoken, gossiping, and disobeying. It was during the late 18th and 19th century there was a complete change in the way that juvenile criminals were treated. The first was that penitentiary life was extremely hard on the youth that were being imprisoned and therefore doing more harm than good. The second was that when the youth were in the prison with the older adults, they were learning bad behavior and habits from them which would cause further problems later on. The last is that the young people would only be rehabilitated if they were treated better by people that understood the children and how they behave. If there was...
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...Racial Disparity in Sentencing Racial disparity in sentencing in the criminal justice system is a problematic issue. Individuals often believe that racial disparity in sentencing does not exist; however, substantial proof in the criminal justice system proves otherwise. According to statistics of Marc Mauer, “unprecedented rise in the populations of prisons over the past three decades is a six fold increase, resulting in the incarceration of nearly two million Americans.” The breakdown of statistics is as follows: “One in every eight African-American male groups between 25-34 year old is a result of incarceration and 32% of African-American males born to society can expect to spend a term in a federal or state prison if the current racial disparity continues” (Mauer, 2004, p. 79). Four reasons of Racial Disparity The four reasons for the flourishing continuance of racial disparity in the criminal justice sentencing process are ineffective assistance of procedural bars, and council, jury selection and venue, prosecutorial discretion, and juror racism (Tabak, 1999, p. 6). Research documenting states like New York and California prosecutions have board spectrums concerning discretion seeking capital punishment; however, these four reasons apply to cases, which capital punishment is sought. “Capital punishment can be sought for intentional murders which individual may commit during the course of a felony and the intent to commit murder can be formed instantaneously before the...
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...number of interventions whose main similarity is that they are alternatives to placement in large, secure institutions, such as detention centers or training schools (Barton, 2011).” There are several different programs out there available to juveniles that can help them such as: probation, community service, DARE, anger management, counseling services, cognitive behavioral therapy/treatment, etc. These programs can be very useful if applied properly; these programs along with others are established in hopes of trying to prevent juvenile delinquency and to efficiently rehabilitate youthful offenders. Juveniles are usually ordered by a judge to participate in one or more of these programs as part of their punishment for acts of crime committed on their behalf; failure to complete a required program may result in the juvenile being placed in an institution for the remainder of one’s sentence or even being made to complete the program over again. The D.A.R.E. program is just...
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...inmates. The early 1900’s and the Great Depression brought forth agricultural prisons, which included gigantic plantations and farms where inmates could work. This idea developed into inmates working in other areas, such as public roads, clearing forests, and other public projects where inmates earned the name of slaves. Maximum security was the norm for the early penitentiaries, which included high walls, guard towers, cell blocks stacked in tiers, and massive concrete and steel construction. Prisoners were controlled with isolation and high levels of intimidation. (Foster, 2006) Federal prisons began in 1930 however, before this date federal prisoners served their time in state and local institutions. There weren’t many federal crimes or federal criminals back then until after the Civil War. Prisons and jails began experiencing overcrowding, so it was evident something must be done. In response, the first U.S. Penitentiary was formed in Kansas, which housed federal prisoners. Many other federal prisons began building their penitentiaries. In our textbook, it states, “the congressionally sponsored report of the Cooper Commission documented the...
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