...After reviewing the four theories of justice, as well as applying the theories to the Vanessa Pham case, I believe the best one is the parallel justice model. The parallel theory works best for this particular crime because it allows the victims to receive counsel and other assistance they may need but not found under the other justice models (Newmark, 2017b). The retributive justice model focuses too much on punishing Blanco-Garcia, and is not concerned with the needs of Pham’s friends and family, who are now secondary-victims Newmark, 2017b). Consequently, this may result in them being further victimized during the process (Newmark, 2017d). The utilitarian model is also ‘offender-focused,’ and is not entirely concerned with the help Pham’s family and friends might need because of her murder. Moreover, the utilitarian model also might not deter Blanco-Garcia, or another individual, from...
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...The “justice as a human problem” worldwide accentuates that the type of justice adopted in a society heavily depends on the cultural norms and social values regarding human behaviours. For example, western societies mostly focus on the retributive justice as means for demonstrating justice through the infliction of punishment against those who violated the laws. The victims are often emotionally devastated, but they also suffer severe hardships in the criminal justice process during testimonies or sentence hearings (Herman, 2005). For example, the victims are negatively stigmatized in society due to the infliction of certain crimes like sexual assault, which increases fear and anxiety (Herman, 2005). It remains imperative that the criminal justice system actively takes steps to fulfill the victim’s needs in order to gain strong cooperation (Herman, 2005)....
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...person back onto the right track. Diversion and restorative programs work in parallel with youth work, which will be discussed within this essay through looking at what restorative justice and restorative programs entail, diversion programs, the strengths of diversion and restorative programs, and the links between diversion, restorative justice and youth work. (Ted Watchel 2012) Restorative justice itself is a social science and primarily focuses on reducing crime, improving human behaviours, restoring relationships and repairing harm, restorative justice looks at how crime doesn't only affect the victim but the offender and the community as well, restorative justice focuses on the offender taking responsibility for their actions and wrongdoings and trying to make amends with the victim and their community. This is done through restorative and diversion programs which focus on and are used for conflict resolution between all parties and to try to repair the harm that has been caused. (Lecture slides week two, 2015) An example of restorative justice would be if a young person became angry and threw a rock which broke a shop window. The young person would first have to admit to breaking the window before any restorative practice could take place, as feeling remorseful and owning up to the crime is the key to successful restorative practice, if the young person is not remorseful restoring justice would not be used as the young person does not regret or...
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...You can do your share by: Our member organizations: Ecumenical Movement for Justice and Peace (EMJP) — Samahan ng mga ExDetainee Laban sa Detensyon at Para sa Amnestiya (SELDA) — DESAPARECIDOS — Cordillera Human Rights Alliance (CHRA) — Ilocos Human Rights Alliance (IHRA) — KARAPATANCagayan Valley — KARAPATAN-Central Luzon — KARAPATAN-Southern Tagalog — KARAPATAN-Bicol — KATUNGODSinirangang Bisayas — KARAPATANCentral Visayas — KARAPATAN-Negros — KARAPATAN-Panay — KARAPATANNorthern Mindanao — KARAPATANCARAGA — KARAPATAN-Western Mindanao — KARAPATAN-Southern Mindanao — KARAPATAN-Socsksargen — Cordillera Indigenous People’s Law Center (DINTEG) — Public Interest Law Center (PILC) — Health Action for Human Rights (HAHR) — Center for Trade Union and Human Rights (CTUHR) — MIGRANTE — Kilusang Enero 22 (K-E 22) — GABRIELA Commission for Women’s Political Rights — Alyansa ng Mamamayan para sa Makataong Karapatan-Bulacan (ALMMA) — Tontongan ti Umili — Cordillera People’s Alliance — Promotion of Church People’s Response — Justice and Peace Advocacy Group-Aurora (JPAG) — Children’s Rehabilitation Center — Tunay na Alyansa ng Bayan Alay sa Katutubo (TABAK) — Moro Christian People’s Alliance — JAGA — KAWAGIB — Health Alliance for Democracy (HEAD) Supporting the demand for: d Stop Extrajudicial killings d d d d Surface victims of enforced disappearances Freedom for all political prisoners Justice for all victims of human rights violations A stop to the militarization of the country-side...
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...“Privatizing conflicts”. Concerns with restorative justice Table of content Introduction 2 1 The appeal of restorative justice 3 2 Privatizing conflicts 5 2.1 Legal sphere concerns with privatizing conflicts 5 2.2 Feministic concerns with privatizing conflicts 8 3 Underexplored pitfalls 11 Conclusion 12 References 14 Introduction This paper is written within the framework of the master course ‘Restorative Justice’. It aims to be an academic reflection on some of the concepts educated throughout these classes.[1] The literature on restorative justice is extensive and therefore the case for it will not be made again here. Basic notions will not be repeated in this paper. The majority of criminologists already accept the letdown of the current criminal justice system on certain accounts; problems have been solidly exposed and opponents of restorative justice have been constantly defending the need for their rationale. Perceived advantages are well-known and have been documented soundly. But this work attempts to look beyond the reform minded and optimistic spirit that most of the restorative body of thought (rightfully) carries. Certain less obvious aspects of the theory might be underconceptualized, overlooked or taken for granted. Taking the concern of some more critical authors that restorative justice processes ‘privatize’ conflicts as a starting point, it will be explored whether or not this privatizing...
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...Categories of Computer Crime CIS 170 Information Technology in Criminal Justice Dr. Johnson Strayer University February 5, 2014 The four common categories of computer crimes are: Computer as a target, Computers as an instrument crime, Computers as an incidental to a crime and Computers associated with the common occurrence of a computer. Cybercrime is criminal activity or crimes committed over the internet, through a computer system or though technology. Cybercrimes is also highly known around the world. Also these computer crimes are not authorized by the victim The four common categories of computer crimes are: 1. Computer as a target – Crimes in which the computer is the target in theft, intellectual property, theft of marketing information and blackmail from information gathered from another computer. Other things such as hacking into businesses, government or state information and creating false identities, stealing information or destroying their files which causes havoc. 2. Computers as an instrument of a crime – This doesn’t refer to stealing information rather it is the lawful possession of the item to infiltrate committing the crime. In this case it is the computer that is being used. 3. Computers as an incidental to a crime – The computer isn’t the direct crime being committed however, it is used to make the crime occur faster and to gather the information more quickly, this method makes it harder to trace. These crimes include money laundering...
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...police force. “Warmly” has a very unifying connotation, but the cruel actions of the law enforcement shatters this image and instead shows the cold sides of human nature. In paragraph 31, King states, “But be assured that my tears have been tears of love.” In this situation, the present juxtaposition provides a soothing feeling for the audience. Tears are mostly shed due to intense sorrow, but King throws in the word “love” and offsets the sad connotation the the first part of the sentence contained. By having two ideas that contrast with each other in a single sentence, King is able to evoke sympathy and soothe the reader. In Dr. Martin Luther King, Jr’s, “Letter from a Birmingham Jail”, he is able to utilize such rhetorical strategies, parallel structure, alliteration, and juxtaposition to appeal the emotions of the audience. His letter contained many moving passages that were able to evoke emotion from the opposing side. King, was without a doubt able to utilize the strategies listed above to successfully argue for racial equality and...
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...how court room drama is versus the real deal (reality). I will select a fictional television court room drama from the court television web site to help with my research, and then I will describe the fictional portrayals of the court room, including the trial process, the roles of the prosecution and defense, the roles of the court room participants and the handling or implementation of rights for the defendant and the victim. Then, draw parallels between the fictional portrayal and the reality of the court room within above identified aspects. I will then determine the accuracy of the fictional court room process as compared to that of the court room reality. I will also explain in my opinion, Given that entertainment differs from reality, what impact would fictional account of courtroom practices have on the average citizen’s perceptions of the real-life courtroom process. There are many people that make up a reality court room like: the bailiff, Court Reporters, Prosecutor, jurors, Victim, court room assistance, defendant or defendants, the judge and the defense counsel, each one of these people plays a major role in the judicial system to make it a whole. A Bailiffs has many job description, there to assist the court in any way, may it being by transporting a inmate to and from court or just to keep the peace in the court...
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...Introduction. The polemical debate in understanding why crime occurred in society had invited a cornucopia of theoretical ideas based on ideology, pragmatism, and concomitant paradigmatic shifts. This debate, sometimes vitriolic and vexatious in equal measure, had resonated across the centuries mostly via philosophical thought. In the last two hundred years, however, the debate had become increasingly interwoven and complicated by newly-developed and derivative theories (sometimes polar or diametrically opposed) through the complex entanglement of modern societal development and socio-political thought. Insodoing, unpacking and defining the etiology of crime has proved to be a noteworthy adversary. This essay would seek to examine this unfolding drama of etiological proportions by addressing one of these key modern-day ideological polarities: right realism and left realism. It would critically discuss the relational polarity between these two theories by first examining and then comparing their respective etiologies. Second, it would examine and critique the interplay between ideology and British crime policy. Left Realism (LR): Etiology. “Left realism was explicitly, although not exclusively, concerned with the origins, nature, and impact of crime in the working class” (Lilly, Cullen, & Ball, 2007: p.191). It was a radical criminology and a very British development (Newburn, 2007). It was ‘Left’ as crime was envisaged as endemic owing to the class and patriarchical...
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...and the Law In “Real Rapes and Real Victims: The Shared Reliance on Common Cultural Definitions of Rape,” the authors argue that myths and stereotypes about rape and rape victims abound (Stewart, et al, 1996). Such misinformation can have a “dramatic” impact on the victim including the experience of the rape victim, shaping how she comes to accept an assumed definition of reality that colors her own experience. The most common dilemma in rape cases is victim blame. In fact, victim blame is part of what Stewart et al (1996) mean when they say, “…as a consequence of the reliance on cultural myths and stereotypes of rape, the victim accepts a definition of reality that shapes her own experience.” According to Schaafsma (Rape Advocacy Program), “The genteel idea of womanhood sets women up to be perfect rape victims - those who don't know how to fight back because they've never been taught how.” In today’s world of liberated women, society questions how these women can be victimized through rape or any other type of violent crime for that matter. According to a November 2005 UK poll (Sexual Assault Research), “…a third of people believe women who flirt partially responsible for being raped.” Settings of the “classic rape portrayal” are often the means according to which rape victims decide to report the rape. In a 2003 study of rape victims, DuMont, Miller, and Myhr established that women who did not resemble the mythologized “real victim” were as likely as women who did to report...
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...Courts are critical in the American criminal justice because they determine what should happen to people charged with violating the law. Courts are important beyond criminal justice, too. Disputes that arise between private parties, businesses, government officials, and the like are brought to court in order to ensure that they are heard, ideally, in a neutral forum (Siegel, Schmalleger, and Worrall, (2011). To understand the whole court process there are three distinct elements that have to be consider to become a court, it must have proper legal authority and have all of the guild lines within the constitution. Courts are generally found in the judicial as opposed to legislative and executive branches of government, and ‘courts are empowered to make decisions that are binding. The notion of “deciding upon cases, controversies in law, and disputed matters of fact” is known as adjudication, or “the process by which a court arrives at a decision regarding a case” (Siegel, Schmalleger, & Worrall, 2011). The court system I am describing is Juvenile Court. Juvenile court cases are handled different than adult cases. Juvenile courts are designed to handle juvenile cases of delinquency. Juvenile delinquency matters in most states are treated as civil matters or family law matters. Juvenile cases range from drug dependency issues to truancy may be heard in juvenile court. Guardians or parents of the juvenile are required to appear and participate in the disposition of their child’s...
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...Initially, the chapter begins to explain how the United States government was structured by the framers of its constitution, who has power to create laws, and how police officers are to carry out justice based on the law. It explains how laws are constantly evolving and how it affects/effects the way police officers are to carry out justice. The framers of the constitution came to America to escape religious persecution from their government and because of that they structured their government to outlaw any form religious prosecution by the separation of church and state. In other words, no religion can be treated differently from one another in any form by the State, Federal, or Local government. Moreover, the framers often used the way they...
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...inquiring into the reality-based aspects of the fictional courtroom drama as compared to its reality. Accurately comparing this fiction with its reality requires application of problem solving skills and methods. The last item calls for an evaluative decision you will make on the fiction and reality of the court system. · Resources: Appendix A, The Courts in Our Criminal Justice System, and the Court TV Web site at http://www.courttv.com/home_primetime/index.html · Write a 1,050- to 1,400-word paper in APA format comparing the entertainment fiction of the court system with its reality. · Select examples from fictional portrayals of the courtroom found in books, movies, or television, for example, The Runaway Jury, A Few Good Men, or Law and Order. Use the Court TV Web site to help your research. · Describe the fictional portrayals of the courtroom including the trial process, the roles of the prosecution and defense, the roles of the courtroom participants (expand your response from the Week Five CheckPoint), and the handling or implementation of rights for the defendant and the victim. Then, draw parallels between the fictional portrayal and the reality of the courtroom within above identified aspects. · Determine the accuracy of the fictional courtroom process as compared to that of the courtroom reality. Use your reading of the text, outside sources, and any experience in the courtroom as resources. Be sure to answer the following: o In your opinion, is this fictional courtroom...
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...The text under analysis belongs to belle-lettres style. The sub-style is emotive prose. The biggest part of the text is the finest example of oratorical style. The extract is taken from the novel “To Kill a Mockingbird”. The author of the novel is Harper Lee. She is an American writer. She was born in 1926 in the state of Alabama. In 1945-1949 she studied law at the University of Alabama. “To Kill a Mockingbird” is her first novel. It received almost unanimous critical acclaim and the Pulitzer Prize. In this book the author paints a true and lively picture of a quiet Southern town in Alabama rocked by a young girl’s accusation of criminal assault. The main character of the novel is Atticus Fintch, an experienced smart lawyer. He was asked to defend Tom Robinson, a Negro, who was charged with raping a white girl. Her name is Mayella Ewell and she is old Bob Ewell’s daughter. Atticus has got two children. Their names are Jem, who is thirteen and Jean Louise, nicknamed Scout, aged seven. The extract under consideration contains the scene in the court. Both children were present at the trail and it is Jean Louise who describes it. So, it’s the first point narration. Jean’s observations make the story vivid, convincing and emotional because she “saw something only lawyer’s child could be expected to see, could be expected to watch for”. Also her observations after her father help the reader to understand how Atticus was excited and nervous in the court. The atmosphere at the trail...
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...maintain an outward appearance of normalcy despite the silent suffering. This outward image is nothing but a cover to maintain an illusion to the world that everything is good in the relationship, and also in many cases for fear of further abuse for drawing attention to the issue. As a result a closed loop of suffering, pain, and violence is created. Annotated Bibliography What is Domestic Violence? (August, 2014) The United States Department of Justice. http://www.justice.gov/ovw/domestic-violence The U.S. Department of Justice profiles the various ways in which domestic violence can be perpetrated by the aggressor. The manners in which the aggressor may enact the abuse are; psychological, economic, emotional, physical, and sexual abuse. From this study the USDOJ is able to show how domestic violence is inflicted on females and the methods males use to gain control. The studies also show that abuse crosses all age and socioeconomic group boundaries. This study is credible as it comes from the U.S. Department of Justice. The USDOJ enforces laws and defends the interests and wellbeing of the American people. The USDOJ is continually researching various crimes, one of which being domestic abuse. This continual research gives women everywhere a continually growing source of knowledge to aid in prevention and protection. This study provides details into the domination of females by their male partners in emotional, financial, and physical realms. Effects of domestic...
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