...Running head: DETERRENCE IN CRIMINAL JUSTICE 1 DETERRENCE IN CRIMINAL JUSTICE 2 Deterrence in Criminal Justice The theory of deterrence says that punishment for a crime will dissuade people from committing crime. There are two types of deterrence : general deterrence and specific deterrence. General deterrence is defined by Siegel (2011) as “a crime control policy that depends on the fear of criminal penalties, convincing the potential law violator that the pains associated with crime outweigh it's benefits.” (p. 95). In other words, general deterrence uses the punishment of one person's crime to teach the rest of society that this is what will happen to you if you commit this crime or any crime like it. It is meant to scare others so that they will not commit crime. Siegel (2011) defines specific deterrence as “the view that criminal sanctions should be so powerful that offenders will never repeat their criminal acts.” (p. 99). This form of deterrence is geared at stopping the offender from re-offending by making their punishment as harsh and unpleasant as possible. Today in society, the main concern with the criminal justice system is deterrence. The question is, what types of deterrence do we currently use and do they work? In this paper, we will overlook a few forms of deterrence that are currently used in the American Criminal Justice System. The most frequently used form of deterrence is imprisonment. This is also the oldest form of deterrence...
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...a means of social control. It is given to the offenders with the aim to check them from committing crimes again. It deters not only the actual offenders but also others from doing the same kind of acts in future. On the one hand, it is some solace to the victim or to his relatives if the offender is punished and on the other hand it serves a social purpose to prevent the people from indulging in criminal acts. So that the punishment may be a reasonable means to check the crime, three things are essential for it. The first is the speedy and inescapable detection and prosecution, the second is a fair chance of “a fresh start” after the punishment and the third is that the State which claims the right to punish must uphold the superior values to be reasonably expected from the prisoner for being acknowledged.[1] The concept of punishment is that of inflicting some sort of pain on the offender for his violation of law. The idea of inflicting pain or suffering in awarding punishment has been modified in view of the modern reformatory methods introduced recently in dealing with the criminals. For instance,...
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...The criminal sanctions (Punishments) Prof. Dr. Ayman Elzeiny A - Introduction : "Punishment, "is a concept; criminal punishment is a legal fact." At the heart of all attempts to handle offenders are systematic images of human life and culture, including knowledge, beliefs, and attitudes regarding the human condition and the meanings, purposes, and ethical foundation and rationale of punishment. These ideologies or philosophical approaches provide explanations for the past behavior of the offender, guidelines as to what ought to be done with or to him, and bases for predicting his future after return to the free world. A sentence is an authorized judicial decision that places some degree of penalty on a guilty person. The responsibility for administering this judicial decision is placed with corrections. (1) If we take a historical and global view, the philosophy of punishment has been embodied in four major theoretical positions: vengeance, deterrence, rehabilitation ,and prevention. These positions overlap and intertwine with each other, but a degree of evolution is also evident. The comments made below on these four positions must be understood simply as broad generalizations. ___________________ (1) Gregory Zilboorg, M.D., The Psychology of the Criminal Act and Punishment, Greenwood Press, New York, 1968 , p. 97. - Ernest van den Haag, Punishing Criminals ,New York: Basic Books, Inc., Publishers, U.S.A, 1975 , pp. 14-15. When punishment is justified...
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...Question: 1. What was the case all about? Filipino hacker JJ Maria Giner, a graduate of B.S. in Marine Fisheries pleaded guilty on Wednesday to hacking the government portal “gov.ph” and other government websites, making this the first Philippine hacking case to have ended in a conviction, the Department of Justice (DoJ) said. According to Criminal Case No. 419672-CR filed at Branch 14 of the Metropolitan Trial Court of Manila under Judge Rosalyn Mislos-Loja, a copy which was shown to INQ7.net, Giner was sentenced to one to two years of imprisonment and will pay a fine of 100,000 pesos. However, Giner immediately applied for probation, which was eventually granted by the court during Wednesday’s arraignment, the DoJ said. 2. Did ant prosecution results? Yes, because JJ Maria Giner pleaded guilty on Wednesday to hacking the government portal "gov.ph" and other government websites, making this the first Philippine hacking case to have ended in a conviction, the Department of Justice (DoJ) said. The granting of the probation will allow Giner to skip jail time but he will still be required to report to a probationary officer on a regular basis. Giner's lawyer Rodolfo Viajar, Jr. agreed with the court's ruling, according to the copy shown to INQ7.net. Giner's arraignment started at 8:30 am Wednesday at branch 14 of the Metropolitan Trial Court in Manila. The conviction of Giner is now considered a landmark case, as he is the first local hacker to be convicted under section...
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...PROBATION IN THE INDIAN CRIMINAL JUSTICE SYSTEM The turn of corrective thoughts in new direction in the 19th century was not accidental happening but the century itself was of intellectual adventure and of consequent social change. The intellectual renaissance led to the society’s realization that society is also directly or indirectly, responsible for the persons committing crimes, and a gradual thought of reformation of criminals started budding. Revenge the retaliation was no longer the chief aims, the law had to the larger mission than to coerce the criminal and force him by severity to mend his ways.1 Probation is one of the ways for reformation of criminals. The word Probation is of Latin origin, and is derived from the Latin word ‘probatio’. It means to test, to prove and to try. It means “a system of proving, or examining, investigation and supervising a child brought to court for treatment. It is a definite follow system for court cases with developing technique. But it is more than that. It is a mission actuated by the highest ideals of human helpfulness and social services towards those in need.”2 This essay will critically examine whether the Probation of Offender’s Act, 1958, an Indian Statue which was passed by the Indian Parliament to provide opportunities and guidance to young and first offenders instead of committing them to jail, has met its...
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... Intro to Criminal Justice Handling the Dilemma over Community vs Institutional Corrections It is the first day of break and Jimmy wants to have a good time with his friends. Long story short, Jimmy decided to drive home drunk and crashed into another car. The driver of the other car passed away.What kind of punishment should Jimmy receive? It seems fair for him to spend time in prison. Should he see probation after the jail time? How much? This scenario helps introduce the dilemma we have today as a society about institutional vs. community corrections. Punishment for crime has always been an issue for debate. With the growth of the American colonies, the colonists needed a system of punishment for lawbreakers. Many methods developed in Europe meant to bring shame to those offenders were adopted. Around this time, the world saw a change in punishment ideology; some began to stress that humans are not perfect and make mistakes. Thus, there should be more reform as well as punish. In 1682, William Penn made a push for change. He limited the death penalty to cases of murder only and called for fines and imprisonment for most offenses. This is widely considered the beginnings of the prison system in the U.S. He also helped start the creation of jails, like the High Street Jail. The first federal prisons were established in 1891. Before this date, prisons were organized by states and territories. The establishment of parole and probation, or community corrections...
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...society, and the fiscal impact upon society. Punishment and rehabilitation helps the inmate in different ways. This will show both pros and cons to punishment and rehabilitation. Punishment versus Rehabilitation The criminal justice system uses two objectives, these are punishment and rehabilitation. Society looks at these two with high prospects but the question is will the justice system live up to these expectation? The justice system and the community have beliefs on punishment and rehabilitation and how they should or should not work. Each one of these objectives will be addressed. Deterrence of Crime Deterrence theory comes down to if an offender commits a crime the benefit should outweigh the crime itself, if not, the offender will think twice before committing another crime. The deterrence theory does not explain criminal behavior. To prevent crime from happening again the criminal justice system use punishment, but the punishment should outweigh the potential crime. Crime has been a part of society for centuries. The most common form of punishment for the offender is to be put in prison. Many times imprisonment is a temporary fix for offenders. Some people think that rehabilitation is a permanent fix. Rehabilitation can have lasting effect on offenders since it would prevent future crime from happening. Also rehabilitation can changes the way the offender thinks and get them adapted back in to society by giving them an education or trade. Many offenders have...
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...II. Defendant # 1 Manny Ramirez Age: 21 * Criminal History * Disordering Conduct, Sentenced to 30 days in jail, one year probation (1) * Possession of Marijuana, Sentenced to 60 days in jail, 2 years probation (2) * Theft by shoplifting, Sentenced to 60 days in jail, one year probation (2) * Total Criminal History (7) * Current Offense (Base Offense Level and Total Offense Level) * Manny Ramirez was taken into custody with possession with intent to distribute more than 1, but less than 3, kilograms of marijuana. The undercover officer who made the arrest reported Ramirez having a loaded 9mm handgun on his person. * According to the §2D1.1 Guidelines Manual, at least 1 KG but less than 2.5 KG of Marijuana , results in a Base Offense Level (10) * Possession of a dangerous weapon increases this by 2 levels * Total Offense Level (12) * Guideline Range of Imprisonment 21-27 months Defendant #2 Martha Stewart Age: 42 * Criminal History * Operating a Vehicle While Intoxicated, sentenced to 30 days in jail, 2 years probation. (1) * Prostitution, all jail time suspended, placed on probation for one year. (0) * Total Criminal History (3) * Current Offense (Base Offense Level and Total Offense Level) * Martha Stewart was arrested for the distribution of more than 10, but less than 15 grams of cocaine base crack...
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...approach to the offender much the same as would be made to the mentally ill, neglected, or underprivileged. It was based on a more humane ideology, a treatment model, in which criminal behavior is seen as a manifestation of pathology that can be handled by some form of therapeutic activity. However, although the criminal may be referred to as sick, a treatment ideology is not analogous to a medical approach. The justification for the comparison with physical and mental illness lies in the assumed need for the offender to recognize the danger and undesirability of his criminal behavior and make a significant effort to renounce it. The treatment model does not "remove" criminal behavior, as surgery might remove a malignancy or chemotherapy extinguish an infection; rather the "patient" or inmate is made to see the rewards of socially acceptable behavior and encouraged to adopt it as a mode of conduct for himself. (1) Contrary to some popular misconceptions, the treatment ideology does not mean that inmates are "coddled" and permitted to do as they please within an institution. ______________________________ (1) Sanford Bates, "The Establishment and Early Years of the Federal Probation System," Federal Probation 51 June 1987, p : 4-9. - National Advisory Commission on Criminal Justice Standards and Goals, A National Strategy to Reduce Crime, Washington , U.S. Government Printing Office, 1973p: 121. In fact, some form of treatment ideology can permeate the most...
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...Customer Inserts His/her Name Customer Inserts Tutor’s Name Customer Inserts Grade Course (06, 07, 2012) Racism in criminal justice system Introduction Justice is a term that we hear a lot in our everyday life and also accept it although many of us might have a doubt as to what it truly means. Justice is the phenomenon through which we could achieve righteousness and equality. But unfortunately racism has been a common practice in the criminal justice system. Racism is actually discrimination against a group or individual based on color, social and financial status. It is something that occurs more than we notice. Many scholars believe that racism play a more important role in targeting and sentencing process in the criminal justice system and this is something which should not happen in any country no matter what. In order to understand the role that racism plays in the criminal justice system we must, first, look at the role that it plays before the criminal reaches the day of sentencing in the court. There are various publications that speak on profiling and actuarial methods which unwillingly get people into the system. Though these are two major components of the discriminatory acts that exist within the criminal justice system, it does not actually begin with these institutionalized methods. It is the laws and crime control policies that create discrimination in the system. It has been witnessed that in some instances these laws and policies are set in favor...
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...Guilty Verdict | Imprisonment | Planner Behaviour once freed from jail | Gillis and Nafekh (2005) | Aim: To investigate the effect of planning employment on recidivism.Results: Those on employment programmes were more likely to remain on conditional release and less likely to reoffend. | Content Analysis | * No cause and effect. * Reoffending figures will not include “hidden crime”. * Strength of matched pairs design. | | | Depression/ Suicide Risk | Dooley (1990) | Aim: To examine the characteristics and motivations for suicides.Results: Characteristics – more suicides in those serving longer sentences and those convicted of violent/sexual offences. Motivations – Intolerable prison situation, guilt for the offence and mental disorders were found to be significant motivations. | Content Analysis | * Reliability of the sources used in analysis (e.g. other inmates) * No cause and effect. * Subjective interpretation of notes * Individual/situational explanations | | | Prison situation and roles | Haney and Zimbardo (1998) | Aim: To describe the past and present of the US prison system.Results: Original experiment found that the prison situation changes behaviour – ‘normal’ people became aggressive. The journal article states that prison situations are damaging, so alternatives should be considered. | Journal article (linked to their previous 1973 experiment) | * Individual/situational explanations Does the prison situation only encourage criminal behaviour? ...
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...and support from the prison and probation services and voluntary agencies to help them prepare for life after prison” (Justice, 2002). The objective is to hopefully lead prisoners towards recidivism, which will hopefully return ex-offenders to normal life, employment and housing. Criminological and social research done by Social Exclusion Unit (SEU) identified the following factors to be what influenced reoffending. These are; education, employment, drug and alcohol misuse, mental and physical health, housing, financial support, debt and family networks. The aim of this essay is to...
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...Criminal Justice System CJA/204 Criminal Justice System The following paper summarizes the criminal justice system in our culture, its goals and dependencies and the processes within. It will address what crime is, to how its citizens are processed, the government structure and whether or not it is actually a system. Crime and its Relationship to Law As defined by the Oxford dictionary, crime is defined as “An action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law.” The two most common models of how society determines which acts are criminal are the Consensus model and the Conflict model. The Consensus model supports the idea that the makeup of the criminal justice system from police to corrections and the methods of obtaining information to criminal punishment are in agreement in working to achieve the same outcome. This is done through the cooperation of all parties involved, each striving for a common goal. The Conflict model supports the individual person and/or agencies in which the benefits of the system are personal with disregard to others involved. Success is determined not by the system as a whole working together, but rather, the individual obtaining a pay raise, notoriety, and the ability of their personal achievements. This model’s success is focused more on the individual rather than the sum of the parts. Government Structure and its application to the Criminal...
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...troubling the authorities. Overcrowding in modern prisons is multidimensional problem. Various reasons are blamed for the challenge but they significantly differ from one nation to the other. Causes of prison overcrowding are not limited to the bounds of criminal justice but stretch to other facets of authorities including social welfare plans, availability and ease of access to health services, formal education and job opportunities. Debates on how to handle this issue on political platforms is an enough illustration of the problems political leaders undergo in looking for a lasting solution challenged by increased pressure from court orders and rigorous financial crisis. It is therefore evident that it is much easier to have overcrowded prisons than it is to develop and implement effective and efficient ways to manage overcrowding in prisons. Overcrowding in prisons is a broad problem that is centered on issues of policies and crime research. These issues involve criminal sentencing, the role of correctional facilities and sentences, accommodation of prisoners with access to health care and rehabilitation services and causes of crimes. Moreover, issues of which crime attracts what sentence, prison budgets, economic hardships and criminal policies in determining the kinds of punishment are all attached to overcrowding in prisons. Overcrowding in Prisons is a challenging issue due to its complexity in determining how all these issues affect it. Lack of clarity on how various issues interact...
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...was transporting money from his business to the bank. The two people later identified as Bertha Bloutt and William Bloutt, used the ruse of a broken down vehicle to get the victim to stop to render assistance at which time the robbed him at gun point. The usual process that these two offenders would go through is known as the criminal justice process. The criminal justice system is comprised of three major institutions which process a case from inception, through trial, to punishment. A case begins with law enforcement officials, who investigate a crime and gather evidence to identify and use against the presumed perpetrator. The case continues with the court system, which weighs the evidence to determine if the defendant is guilty beyond a reasonable doubt. If so, the corrections system will use the means at their disposal, namely incarceration and probation, to punish and correct the behavior of the offender. Throughout each stage of the process, constitutional protections exist to ensure that the rights of the accused and convicted are respected. These protections balance the need of the criminal justice system to investigate and prosecute criminals with the fundamental rights of the accused (who are presumed innocent). Though a number of rights derived from the Constitution protect the accused from abuses and overreaching from law enforcement officers, the arguably most important of these rights are the Miranda advisement and the Fourth Amendment prohibition against unreasonable...
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