...Philosophy, Sanctions & Criminal Justice CJS/220 5/17/2014 Microsoft Christina Israel Our criminal justice system works on four different philosophies of punishment. They take those four punishment philosophies and apply them to the law of keeping others safe. Most of the philosophies are pretty self explanatory. I am going to go through them all and show how each affects the post-conviction process and how sections relate to the each punishment philosophy. The first one, which most of us are very familiar with is Deterrence. Deterrence is when you attempt to scare people from committing crimes because they do not want to be punished for them. This philosophy occurs in one of two forms. A person will not commit a crime because they have learned from the punishment they have already received from committing a crime before. For example, if a person was driving their car at 50 mile an hour, while the speed limit is set for 35mph, that person could very well be pulled over and stopped by the police. Not only will they be given a ticket, but can also have their car towed to the impound lot which will then cost them a minimum of 150 dollars to get out. They will also have to show up at a court date and pay the court cost. This could be enough to teach them to pay attention to the speed they are driving at from now on. Then there is the case when a person might not commit a crime in fear of the punishment that they have seen someone else receives for violating the law....
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...and not violate the United States Constitution. Judges may also decide to impose sanctions like fines, probation, home confinement, or even the death penalty. Sentencing and sanctions can be used to rehabilitate criminals, deter crime, or even plea bargains. No matter what the philosophy or the sanction of the sentence, the result is that past behavior can be used to predict future behavior. The five punishment philosophies start with deterrence. Deterrence is a known penalty for crimes committed. For example, the three strikes law was imposed to deter criminals from committing crimes or face extended incarceration. Deterrence was designed to have certainty of a punishment, celerity or swiftness of that punishment, and the severity of the punishment. This philosophy is assuming that all people will consider the consequences of his or her actions before they act. This also means that people will learn from the punishment of the innocent. Incapacitation is the removal of criminals from society. Prisons are the most common form of incapacitation because it confines criminals away from society. If criminals are incarcerated, they can not commit crime. Incarceration is designed to keep criminals off the streets, makes criminals pay for crimes, and deters criminals from committing more crime when released. This is not a full proof process, and there are some drawbacks. Although removing criminals from society is...
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...punish and deter corporate crime, the law should impose criminal sanctions on individuals rather than on corporations.” Introduction The purpose of this research report is to discuss whether criminal sanctions should be brought upon individuals or on corporations when corporate crime is committed. In determining out who should criminal sanctions be imposed on, a key factor to consider back on is the purpose of imposing criminal sanctions, which is to ‘effectively punish and deter corporate crime’ as stated in the proposition. Corporate Crime Firstly, corporate crime can be defined as the conduct of a corporation, or of employees acting on behalf of a corporation, which is illegal and punishable by law including those that violate criminal, civil or administrative law (New South Wales Law Reform Commission [NSW LRC], 2003). This means that corporations ‘themselves’ can be punished for crimes ‘they’ committed, as corporations are separate and legal entities from its shareholders and directors or other officers. Secondly, employees who act on behalf of the organisation, usually those in high or managerial positions such as directors can be punished. There are some existing laws that impose criminal punishments upon individuals, for example breaches in directors’ duties can lead to criminal consequences under section 184 of the Corporations Act 2001 (Cth) (Sweeney, O’Reilly, & Coleman, 2010). Individual criminal punishment however does not always occur when corporate...
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...Out-of-Town Brown and the Besieged Probation Supervisor Zacarias Sambula Jr, Derrick Cooper, Kenisha Smith, Harshvir Sekhon CJA/454 Criminal Justice Theory and Practice April 01, 2013 David Pettinari Case Study: Out-of-Town Brown and the Besieged Probation Supervisor Intro Question#1 Question#2 The mental and physical trauma experienced by the 23-year-old man from his stepfather was enough to send him over the edge and murder his stepfather. The boy never had a chance for a decent life. Many prosecutors would have a hard time sending him to jail because of the mental state in which the 23-year-old man was at the time. It is important to consider that there is no criminal record. According to, the young man’s report there is no prior record and had been an incest victim because he was five; otherwise he is a nonviolent person, a low recidivism risk. Because of the situation intermediate sanctions will benefits the young man because he will be able to get the treatment he needs. Intermediate sanctions serve multiple purposes aside from keeping the young man out of jail for treatment. It also allows the prison system to reduce the population, make room for the more serious offenders, provide non-violent offenders with opportunity at a second chance, offers a wide range of rehabilitation programs and treatments. While in intermediate sanctions the young man’s activities will be restricted while receiving the help he needs, at the same time hold him accountable for his...
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...The whole criminal justice system is based on one basic principle, that if you commit a crime you will be punished for that crime in one way or another in an attempt to deter you from committing that or any other crime ever again. The whole reason for this type of system is to reprimand an individual for things that we have ruled illegal or not socially acceptable, and therefor we have developed a system of punishments in order to combat all that is wrong with society. You could argue whether this is an effective system though, for the fear of punishment is not always an effective deterrent and therefore has no effect on the future criminals mind. The fear of punishment is something that we have been threatened with ever since we were a kid, I truly believe that all we have learned since then is how to better attempt to get away with doing something wrong, and not be afraid of the punishment that will follow if caught. We use punishment in all facades of the criminal justice system, whether it helps us achieve are desired goals, or is just what we feel to be are only effective option is, this is always debatable, but answers to these questions need to start coming soon, for changes must be made in order to make are criminal justice system the well oiled machine it needs to be. When it comes to the practical use of punishment, there are five recognized philosophies, there are, deterrence, incapacitation, rehabilitation, retribution, and restoration. The goal of each one of...
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...Victimization in the Criminal Justice System Ian Gallagher CJA/534 May 18, 2015 Lora Terrill Victimization in the Criminal Justice System In ancient times, victims of crimes, and their kin, were responsible for the sentencing and implementation of the offender. This trend did not reappear, in a more lawful form, in modern criminal justice systems until the 1970’s. Recent years have seen growth and attention in victim’s rights and advocacy, but many claim the system is still flawed (Schmalleger & Hall, 2010). This paper will examine how victimization affects each party: the prosecution, the defense , the offender, and the victim in the final stages of sentencing and imposing of sanctions. It will also discuss the sentencing and sanction goals from each perspective. Finally, this student’s victim’s rights ideas will be offered. Prosecution The prosecution has the difficult task of finding the truth even when it is messy and unpleasant. Once a conviction occurs, it then has the burden of seeking sentencing justice, following sentencing guidelines, considering alternative sanctions, and taking the victim’s wishes into consideration. Taking care to note all of these factors, prosecutors must look at the five common goals of a sentence: retribution, deterrence, rehabilitation, restoration, and incapacitation (Schmalleger & Hall, 2014). Under current guidelines, prosecutors have tremendous power in setting the tone for sentencing and can easily increase and decrease the sentences...
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...given society, state, or social group. Many mechanisms of social control are cross-cultural, if only in the control mechanisms used to prevent the establishment of chaos or anomie. Some theorists, such as Émile Durkheim, refer to this form of control as regulation. Sociologists identify two basic forms of social controls: 1. Internal Control- Internalisation of norms and values by a process known as socialization. Socialization is defined as "“the process by which an individual, born with behavioral potentialities of enormously wide range, is led to develop actual behavior which is confined to the narrower range of what is acceptable for him by the group standards.” 2. External Control- External sanctions, which can be either positive (rewards) or negative (punishment). These sanctions come from either formal or informal control. While the concept of social control has been around since the formation of organized sociology, the meaning has been altered over time. Originally the concept simply referred to society’s ability to regulate itself. However, in the 1930’s, the term took on its more modern meaning of the individual’s conversion to conformity. Social control theory began to be studied as a separate field in the early 20th century. The means to enforce social control can be either formal or informal.[5] Sociologist Edward A. Ross argued that belief systems exert a greater control on human behavior than...
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...Punishment and Sentencing Philosophies Punishment and Sentencing Philosophies Chandra Walker Axia Online-UOP Abstract In this paper we will discuss the various punishment and sentencing philosophies that are used within the criminal justice system. The process that is used to apply justice is determined for the most part by punishment philosophies. These philosophies are used to express a variety of different concerns and arguments regarding the use of appropriate sentencing and treatment. Rehabilitation is a philosophy that predominantly rues the juvenile justice court system, but do not carry as much weight and is widely scrutinized within the adult courts sector. Rehabilitation may be scrutinized in the juvenile justice court system when the criminal behavior of the juvenile continues to escalate, but when rehabilitation is successful then it can be both beneficial for the criminal and society. When the appeals process is exercised it provides the fair practice of law, ensures those at trial the rights of due process, and gives clarity and provides full understanding of justice and the law. Punishment and Sentencing Philosophies In any nation that strives for great democracy, the major concern is the guaranteed universality of justice. For the US this is an ongoing process that is pursued largely in the court systems on an ongoing basis. Many criminalists state that if it the general basis for an action to constitute a crime really...
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...The main strengths and weaknesses of sanction policies June 2015 Student ID: Acronyms CIPFA: Chartered Institute of Public finance and Accounting DWP: Department of Works and Pension LCFS: Local Counter Fraud Specialist NAO: National Audit Office NFA: National Fraud Authority NHS: National Health Service NHS CFSMS: National Health Service Counter Fraud and Security Management Services XXXXX: XXXXX ousing Gr Table of Contents 1.Executive Summary.................................................................................................. 4 2.Introduction.............................................................................................................. 6 2.1 Objective of XXXXX sanction policy............................................................ 6 3.Literature Review.................................................................................................... . 7 3.1 Definition of fraud.................................................................................... 7 3.2 Examples of fraud ................................................................................... 8 3.3 Sanction.................................................................................................... 8 3.4 Definition of sanction............................................................................
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... services to offenders, services to persons charged with a crime or an act of delinquency, services to persons diverted from the criminal or delinquency process, services to persons sentenced to imprisonment, or services to victims of crime or delinquency, and is operated under a community corrections plan of a county and funded at least in part by the state subsidy. Intermediate sanctions are criminal sentences that fall between standard probation and incarceration. Intermediate sanctions can include house arrest, intensive probation (i.e., probation with more conditions beyond the basic conditions of standard probation), boot camps, electronic monitoring, and drug treatment programs. Intermediate sanctions serve a dual purpose in the criminal justice system. First, granting intermediate sanctions over incarceration helps reduce overcrowding and eases the burden on our nation's prison system. Second, it helps to reduce recitivism by targeting the behaviors of the defendants that led to the crime to begin with. For example, if a drug user is afforded the opportunity to attend drug treatment rather than prison and is successful, it is less likely that s/he will commit future crimes like possessing narcotics, and even selling narcotics or participating in various theft offenses to support his or her drug habit. Intermediate sanctions can be an effective tool if used appropriately. Individuals who are actually interested in making positive changes in their lives can...
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...Paper Victims and Crime Evaluation Paper This paper will describe roles and functions of individuals in the criminal justice system and how victimization affects each role. The roles that will be discussed are prosecutor, defense attorney, criminal, and the victim. Then discuss the goals of sentencing associated with each role and alternative sanctions. Finally, identify any recommendations that regarding victims’ rights. The criminal justice system protects individuals and their property from harm. It allows governments to collect taxes and provides a peaceful way for individuals and institutions to resolve conflicts. The criminal justice system also punishes offenders and attempts to rehabilitate them. A prosecutor is responsible for representing legal actions in criminal proceedings. The prosecutor works for the state and the local community regarding complaints against criminal defendants. The prosecutor must convince the jury that the evidence being presented is enough to find the defendant guilty of the crimes he or she has committed. Prosecutors are searching to give the guilty a ruthless sentence that they try to find the defendant guilty after the evidence is presented to the courts and are able to drop or reduce charges during the case (Prosecutor, 2012). A defense attorney is an attorney that the defendant can hire to represent them in a criminal preceding or a lawsuit. They represent the defendant in his or her interest. What defense attorney’s do first is...
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...Two Models of the Criminal Process HERBERT L. PACKER Source: Reprinted from The Limits of the Criminal Sanction by Herbert L. Packer, with the permission of the publishers, Stanford University Press. 1968 by Herbert L. Packer. In one of the most important contributions to systematic thought about the administration of criminal justice, Herbert Packer articulates the values supporting two models of the justice process. He notes the gulf existing between the "Due Process Model" of criminal administration, with its emphasis on the rights of the individual, and the "Crime Control Model," which sees the regulation of criminal conduct as the most important function of the judicial system. T wo models of the criminal process will let us perceive the normative antinomy at the heart of the criminal law. These models are not labeled Is and Ought, nor are they to be taken in that sense. Rather, they represent an attempt to abstract two separate value systems that compete for priority in the operation of the criminal process. Neither is presented as either corresponding to reality or representing the ideal to the exclusion of the other. The two models merely afford a convenient way to talk about the operation of a process whose day-to-day functioning involves a constant series of minute adjustments between the competing demands of two value systems and whose normative future likewise involves a series of resolutions of the tensions between competing claims. I call these two...
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...to incarceration. The incentive funds used for more alternative solutions; prison islands, or barges, or closed military bases. Sentencing Drug Statistics The Bureau of Justice Statistics (BJS) reported four to one ratio of prisoners showed under the influence of drugs, or alcohol while committing the current crime, or at the time of the violation (Langan, P, & Levin, D, 2002). The BJS showed detailed statistics report of 400; 000 people arrested for drugs, or drug-related offenses; 70% sent to state prisons, 40% drug-related offenses, 32% alcohol-related offenses, and 20% other violent crimes. The survey researched by the Department of Justice (DOJ) along with the (BJS) report shows out of 100 inmates surveyed 70%, agreed when doing criminal activity under the influence of drugs or alcohol. These nonviolent, low-level women and juvenile offenders need alternative solutions to incarceration for treatment, and re-training; educational and social skills (Langan, & Levin, 2002). Rehabilitation v Prison Differences The differences between rehabilitation and...
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...to incarceration. The incentive funds used for more alternative solutions; prison islands, or barges, or closed military bases. Sentencing Drug Statistics The Bureau of Justice Statistics (BJS) reported four to one ratio of prisoners showed under the influence of drugs, or alcohol while committing the current crime, or at the time of the violation (Langan, P, & Levin, D, 2002). The BJS showed detailed statistics report of 400; 000 people arrested for drugs, or drug-related offenses; 70% sent to state prisons, 40% drug-related offenses, 32% alcohol-related offenses, and 20% other violent crimes. The survey researched by the Department of Justice (DOJ) along with the (BJS) report shows out of 100 inmates surveyed 70%, agreed when doing criminal activity under the influence of drugs or alcohol. These nonviolent, low-level women and juvenile offenders need alternative solutions to incarceration for treatment, and re-training; educational and social skills (Langan, & Levin, 2002). Rehabilitation v Prison Differences The differences between rehabilitation and...
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...Intermediate sanctions are not to be taken lightly nor is it a get out of jail free card. But, for those who have committed a crime intermediate sanction is an alternative solution to prison. While prison populations are overcrowded, intermediate sanction is another form of punishment without adding to the prison system. In this case, a young man has suffered for far too long at the hands of his father. After years of physical and mental abuse a 23 year old man killed his father. The young man has had a criminal free record until this point and does not show any signs of recidivism (Peak, 2012). This man should not be sent to prison because he suffered at the hands of his father, an alternative solution should be appropriate form of punishment....
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