... but still has the same goal, punishment for a crime committed. The need for crime and punishment has and probably always will be a debate, but in the end what matters most is rehabilitating the criminal to reduce recidivism rates. Society’s views on crime and punishment have always had the same result in mind. Society wants an offender of a crime to be punished and pay for what they have done. The first formal legal code was created in 1780 BCE. The king of Babylonia created the Code of Hammurabi. These laws set out specific crimes and punishments, and had the principle of “an eye for an eye”. (Siegal, 2014). During this time, criminals were punished in proportion to their crime; a thief that was caught had his hand cut off. During the middle ages, the first correctional institutions were developed. These institutions were generally not used as a means of correction, only as a detention until the criminal could be punished by execution, corporal punishment, or exile. (Siegal, 2014). Today, the use of cruel and public punishment are no longer used; hanging, decapitations, torturing, etc. However, incarceration for life and execution are still used for most serious crimes. (Siegal, 2014) The need for punishments for crimes is still in debates. Dr. Karl Menninger argues that most criminals are sick and “why punish the sick?” (Menninger, 1968). Many people question how the loss of personal liberty and freedom can be justified in a nation such as this one? This can...
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...the juvenile court system differs from the adult courts in many ways. However, the juvenile court system has many similarities as the adult system as well. The difference between the juvenile courts and the adults courts are, the juvenile courts emphasize helping the child, rehabilitating the child. The juvenile courts are informal, rules of evidence and rules of procedures have little relevance in juvenile proceedings. Juvenile courts are based on civil law, this is the key notion that juvenile courts were intended to rehabilitate, not punish. Juvenile courts are secret, crime victims and ordinary citizens are not allowed in the court sessions and it is illegal for law enforcement personnel and court officials to release the names of juveniles to the media. Juvenile courts rarely involve a jury. Juveniles have no constitutional right to a jury, which is to reinforce the nature...
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...Running head: VICTIMS AND CRIME EVALUATION Victims and Crime Evaluation Paper Victims and Crime Evaluation Paper Experiencing the traumatic events of being victimized is something no one ever wants to experience. A victim is an individual, no matter what title they may hold be it doctor, police officer, parent or child, who has underwent a crime or wrong doing for a specific purpose in which the criminal acts upon. More often than none, victims can be close relatives if designated by the courts in the event the victim is either deceased or debilitated (University of Phoenix, 2011). There was a time way back in the AD 400 era, which was known as the “Golden Age of the victim” when the legal and law enforcement system was not even heard of. Families would take matters into their own hands by retaliating against anyone who victimized a family member or friend. Once they found the perpetrator who committed the act, the family would punish them in a way that society accepted doing that time period. This was the way victimization would be handled from AD 400 up until 1960s, a period that is better known in history as being the “Kings Peace” any wrong that was done against another individual was looked at as a crime against society. This caused society to forget about individual rights and only think about the society and states well being, luckily things would change with law enforcement agencies and a judicial system being developed. The development of these key acquisitions...
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...Victims and Crime Evaluation CJA 354 April 17, 2012 Instructor name Introduction This evaluation paper will discuss the concept of victim, the evaluation will also address and explain the history and significance of victims’ assistance programs and the purpose of their functions as it applies to the criminal justice system. Also addressed will be the evaluation of problem solving courts and restorative justice and their affect on the criminal justice system , society, and victims. The definition of victim is described as any individual against whom an offense has been committed (Schmallager, et al, 2010). The concept of a victim is foreign to civil law, which speaks instead in terms of people who have been injured or wronged. According to Schmallager (2010), the word victim denotes someone who has been harmed through the kind of activity proscribed by the criminal law (Schmallager, et al, 2010). During the AD 400 era, the time known as "Golden Age of the victim" organized law enforcement agencies, judicial systems, and formal legal procedures were nonexistent. Individuals who were victimized by offenders would retaliate against the offender with the assistance of family members and friends. Once the offender was apprehended, the victim would hand out a punishment believed to be suitable for the crime committed and this type of behavior was accepted by a vast majority of society (Schmallager, et al, 2010). ...
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...The criminal justice system consists of three components which are police, courts, and corrections. The police serve many duties such as administering the law, examining crimes, capturing offenders, condensing and hindering crimes, cultivating public order, implementing communities are safe, administering emergency and pertinent community services and conserving the fundamental immunity and privileges of individuals. The courts conduct civil and equitable trials, determine criminal cases, establish due process, actuating guilt or innocence, appointing sentences on the guilty, vindicating the law, requiring humanity throughout the justice process, shielding the rights and freedoms of anyone facing processing by the justice system, and contributing a check on the exercise of power by other justice system agencies. The corrections import sentences imposed by the courts, administer safe and humanitarian guardianship and supervision of offenders, insulating the community, rehabilitating, reforming, and reintegrating convicted offenders back into the community, and respecting the constitutional and human rights of the convicted. (Schmalleger, Hall (2011). The components of the criminal justice process includes; investigation and arrest where a crime has been exposed, evidence is accumulated at the scene when probable, a follow up investigation pursuits to recreate the sequence of activities and in some situations an arrest warrant may be issued and booking takes place after the arrest...
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...Law can be divided into two broad categories, that it is criminal and civil. There are several differences between criminal Litigation and civicl litigation. For the criminal Litigation, theft, murder, etc., although most of these involve individual victims, but the harm are posted into the entire society and the country’s interes to or secuity will be effected, so that the criminal law is exected by the state prosecution. Criminal law involves punishing and rehabilitating offenders, and protecting society. If you are the victim of a crime, you report it to the police and they have the responsibility to investigate your case. In contrast, civil litigation, such as claims, contract disputes, is a matter of individual persons or groups (Limited or registered societies) of interest, therefore, the civil litigation is executed by the victim. Civil law is to provide a way for the injured party to seek for compersation. Some cases can involve civil and criminal simultaneously. Assault is the most common example. Victim is assaulted by the suspect, then report the case. Police will investigate the suspect, if there are enough evidence to prove that is true, police will make a charge to the suspect, after that, the case will be going to court for trial the defendant. On the other hand, the damage suffered by the injured cannot work, loss of much money for medication as well as physical and metal pain, victim can use a civil litigation to claim the compersation from the perpet vator. That...
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...could be home, angry and licking his wounds and yet he tells his story in an effort to use his experience for positive change. The second reason for ethos is that he is a persuasive writer whose intelligence and use of language is excellent. Third, he is committed to using the remainder of his life to do what can be done to change prison systems and punishment in America by giving us an inside view. Fourth, he has come such a long way in building a memorable career for himself after being a convicted felon and has gained the attention and respect of many people. I think everyone agrees that the author is an extraordinary man. It begs the question though, “does one man, imprisoned in Louisiana, have enough perspective or insight on criminals, crime and punishment to make statements that represent all prisoners and prisons across the United States”? While Mr. Rideau’s position is clear, there is...
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...The juvenile justice system is, primarily, made up of many informal procedures. This system is based on the parens patriae philosophy, and is structured towards helping juvenile offenders, as opposed to, hindering them. However, if a juvenile is suspected of committing a crime, there are several procedures in place to help determine if the adolescent, did in fact, break the law. For example, if an adolescent is suspected of violating the law, law enforcement officers will begin an investigation. There are several things that officers look for during an active investigation, such as, the nature of the offense, and any past criminal history. If the initial investigation provides fruitful information, the officers have the right to file for a...
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...that are starting out in life with the wrong concept. The legal system’s answer to our errant youth was the development of boot camp programs. These camps are designed to make sure the attendees never want to get in trouble again. The young people who are sent to boot camp can look forward to rigorous activities. Our judicial system believes that their hardcore military type punishment will work. Many participants do leave with a new direction in their life. Upon completing the program they come home ready to get a job and earn a honest income. However, once the business find out that they have a criminal record their application is denied. Where are the jobs and educational financing for those who want to attend college? Our government should support those who have successfully completed the program by offering them hope in the form of rehabilitating them back into society. The authors of Youth Justice in America state that these institutions are based on the theory that bad kids need more discipline, physical rigor, and more time outdoors. (Ahranjani 281). According to the National Institute of Justice, boot camps were born in the late 1980s and early 1990s. By 1995 state correctional agencies operated 30 camps. (Ashcroft par. 4). In my opinion somewhere on the boot camp road the judicial system forget about the graduates life after the program. Let us assume that the programs were established to teach the values of discipline, self- esteem...
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...Overcrowding and its effects on the criminal justice system Overcrowding and its effects on the criminal justice system Prison overcrowding is a growing issue in the criminal justice system. It puts a strain on prison resources, effects rehabilitative programs, This paper will cover the effects of overcrowding on the justice system. It will cover the different causes of overcrowding, and possible solutions. This paper will also cover some changes that were directed at improving overcrowding directly or indirectly. Lastly this paper will include the authors ideas for more changes to improve overcrowding. Prison overcrowding is caused by a variety of reasons. An examples of a contributing factor is a rise in crime rates. Some of the factors that influence crime rates are economy, demographics, and education. It is easy to fathom that in a less then affluent area where education may not have been the priority could play a part in the rise of crime. Other influence on the fluctuation of crime rates are demographics, economic and social conditions, prisons that run at or over capacity, resources and expenses, changing laws and new advancements to law enforcement strategies. All of these reasons help create a combination of obstacles for an efficient, effective justice system. Overcrowding in prison is also a key factor in ineffectual operations and poor prison conditions. According to Attorney General Eric Holder, "the U.S. prison population has grown by almost...
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...In “Cruel Hand” – “The New Jim Crow”, talks about the legal and social challenges the drug criminals confront as they battle to reintegrate themselves into the unfriendly standard American culture after they are discharged from jail. Alexander investigates “the stigma of criminality” (Alexander 2012:141) that takes after these individuals long after they have served their jail sentence. The author begins by depicting how these drug offenders have frequently been made to concede to drug charges leveled against them, in return for "tolerant" court sentences, without truly knowing the hidden results of their request. These liberated criminals just stand excluded from public housing yet that even private house proprietors are lawfully approved...
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...it has on modifying a criminal’s actions. The idea of deterrence being a form of punishment is attained by the inevitability of incarceration. Seemingly discourages the effects on those whom have committed illegal corruptions or whom might commit offenses. People incline to evade reiterating the same criminal doings, or illegal acts overall once the penalties are identified (Foster, 2006). The panic of sentence confines some people or criminals from doing criminal acts or the same act again. To protect society we imprison criminals who commit illegal acts so that these individuals will no longer become problem to the public and this is called the Incapacitations’ objective. Society is now safer since the offenders have been locked up. Rehabilitating those while they are confined helps, reduce illegal doings, and removes illegal activity plane for a later time. This is the Reformations idea of punishment. Achieving this is only accomplished through a number of programs in which endorse positive behavior. Appling punishment to the criminal justice system is the main purposes in averting as well as monitoring illegal and unlawful conducts. If our criminal justice system was impartial of sentencing, offenders wouldn’t have any consequences for the violation and there would be no respect the laws in effect not. Offenders might remain commit illegal doings and the public might endure a widespread of...
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...adult in a prison or jail depends on the historical criminal characteristics of the juvenile and the volume of the crime. Anyone who has spent time in a local courtroom knows the caseloads are significantly larger than criminal or circuit court proceedings, and the prosecution along with the defense counsel seems to speed the process up and get dispositions on all the cases the court docket displays. The same applies to juvenile court as well and I don't think there will ever be an absolute resolution to this. The speedy process undoubtedly loses its grip on rehabilitating a juvenile if they are tried in adult court, as most judges are inexperienced with statutes that deal with juveniles (Siegel & Bartollas, 2014). I believe there is hope among juveniles if they are rehabilitated correctly and they can be molded into a better character as they are assumed to lack having a positive character in their lives that inspire them to simply live a good life, in most cases. Therefore, I do not believe every juvenile should be incarcerated with adults for crimes that don't have a criminal nexus that supersedes a misdemeanor degree or a pattern...
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...Criminal Justice System Paper According to the dictionary, Crime is “An action or an instance of negligence that is deemed injurious to the public welfare or morals or to the interests of the state and that is legally prohibited. (Lexico Publishing, 2012) ”. Any act that is considered to be unlawful and where society has agreed upon a just punishment for such actions when these acts have been performed is considered to be a crime. These crimes may be violent crimes, white collar crimes, motor vehicle violations, even jay- walking or littering. One of the most common models of how society determines which acts are criminal is the crime-control model, which is a perception that stresses the efficient arrest and conviction of criminal offenders. In the late 1960’s, this model was first brought to the attention of the academic community in Stanford University law professor Herbert Packer’s incisive presentation of the state of criminal justice. This model is sometimes referred to as Packer’s crime-control model. The other most common model of how society determines which acts are criminal is the due process model which is a criminal justice perspective the stresses individual rights at all stages of justice system processing. This process is intended to make sure that innocent people are not convicted of crimes. This is an essential part of the justice system in America. Facts are individually and carefully considered for each case to be determined. The police are required...
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...Rehabilitating the Court System Gulsah Cetin Barry University Abstract This paper focuses on a court innovation for criminally involved people who suffer with serious mental illnesses, such as schizophrenia, bipolar disorder, or major depression. It describes a recently developed strategy for dealing with the challenges of working with mentally ill individuals. The paper also discusses the historical and legal underpinnings of Mental Health Courts (MHCs), their growth, and the defining elements and operations of the earliest MHCs, which are best, viewed as evolving models of practice. Finally, the paper reviews studies of MHC operations and effectiveness and suggests future directions for MHCs. Rehabilitating the Court System In 2000, the Bureau of Justice Statistics (BJS) reported there were an estimated 283,000 prison and jail inmates who suffered from mental health problems. That number is now estimated to be 1.25 million. The rate of reported mental health disorders in the state prison population is five times greater (56.2 percent) than in the general adult population (11 percent). MHCs were developed in an attempt to solve the problem of criminalizing the mentally ill; this phenomenon occurs when the mentally ill are arrested and prosecuted for minor offenses rather than being treated by the mental health system. A greater focus on this may foresee a decrease in the rate of reported mental health disorders within the prison system. The basis for the above...
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