...sentenced. The four are incapacitation, retribution, rehabilitation, and deterrence. In the past ten years, restorative justice has been added. Incapacitation, retribution, rehabilitation, and deterrence all share the same goal for correction, but the process is different. Incapacitation has the effect of protecting society from the individual. Incapacitation is the most straightforward justification for punishment, particularly for...
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...Punishment Research Paper Craig Hart March 25, 2012 SOC/120 When it comes to American society there are four types of punishment. These types of punishment are retribution, deterrence, rehabilitation and societal protection. Punishment in its concept is favorably perceived as a retributive practice. Our society uses these four forms of punishment attempting to lower crime rates in our society. Some of these types of punishments could be considered harder than others however each one has its own distinction. Retribution according to the dictionary is the act of punishing or taking vengeance for wrongdoing, sin, or injury. I think that the phrase “an eye for an eye” and “a tooth for a tooth” is a very good definition of how retribution depicts peoples need for justice in our American society. When people have gone through an experience of crime or pain, they want some sort of closure or retribution to satisfy their morality. An example of retribution is in our courts system when murders get convicted and sentenced to one life behind bars for every life that was taken. People who believe in retribution believe that there is no rehabilitation or any help to change the criminal just that the criminal must serve the time sentenced. As stated by Gerard V. Bradley (2003) the adoption of retribution as the philosophical basis for punishment therefore provides a powerful, multi-faceted justification for beyond that proffered by the alternatives. Retribution certainly...
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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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...posited by John Rawls and David Miller. The criminal justice system does not promote socially just outcomes or practices. First of all, the criminal justice system is not really a system at all; it is a network. Second, criminal justice places greater emphasis on crime control, rather than due process rights. Our system encourages punishment rather than rehabilitation. Finally, criminal justice policies such as the death penalty and the war on drugs reflect prejudices within the system, resulting in unequal treatment. Before beginning to explain these flaws within criminal justice, I will first define social justice and explain the essential social justice principles suggested in Rawls and Miller’s theories. Social Justice Justice is based on two supposedly equal conceptions. First, guilty offenders are held accountable for their actions and second, that criminal justice processes are implemented fairly, without being affected by personal bias. In order for justice to occur, a balance must be achieved between the crime victim and the offender’s acts. This is usually attempted through retribution, or trying to rectify an offender’s wrongdoing through punishment (Robinson, 2005). Social justice refers to these conceptions of justice, applied to entire...
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...thing -1.3% average annual increase from 2000 to 2009 But declined 1.3% in 2010 to 2009 “has the correctional population supervision increased or decreased from 2000 to 2009?” Answer: INCREASED - the majority of people in the corrections system are on PROBATION - Percentage breakdowns for types of offences: 9% Public Disorder (35% federal) DUI, indecent exposure, drunken disorderly, prostitution, etc. 18% Drug Offence (51% federal) 19% Property Offense (less than 10% federal) 53% Violent Offenses (less than 10% federal) - Regions highest to lowest South West Midwest Fed? North East - Top 5 States Federal Texas California Florida New York Notes From Ch. 1 in Textbook- - Penology the study of the use of punishment for criminal acts - Penitentiary typically used to describe older or highly secure prisons; first term used to describe secure facilities to hold criminals - Corrections the range of community and institutional sanctions, treatment programs, and services for managing criminal offenders - Gaols English system of jails - Walnut Street Jail first penitentiary in the united states -Pennsylvania System the “separate and Silent” system...
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...a crime, there should be a punishment. Because of one should be escaped from law. The purpose of punishment to make the society safer for its people. In fact punishing the offenders is a primary function of all civil stales. The way and purpose of punishment may be of different types. But where the matter of the offence is very severe, obviously punishment should be very severe. Death sentence has been used an on effective weapon of retributive Justice for centuries. The Justification advanced is that it is lawful to forfeit the life of a person who takes a way another's life. Death penalty has been a way of punishing people since ages. Although there are some countries that have abolished death penalty from their law, there are still many which still practice the act of killing a person for crime. Death penalty is prevalent in the US, Asian and Middle Eastern countries. Some of the ways of executing criminals are hanging, shooting, electrocution and giving lethal injections. People have different opinions on the issue of death penalty given to a convict. While some think that death penalty is necessary for those who have committed a terrible crime, there are others who consider it as an immoral act that goes against the values of humanity. Capital Punishment Death penalty is considered as capital punishment. Section 54 of the Penal Code, 1860, deals with communication of sentence of death. This is the most severe form of corporal punishment as it requires law enforcement...
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...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 at a conference of this kind. Back in 1965 when Sir Rupert Cross decided to devote his inaugural lecture as Vinerian Professor of Law at Oxford University to the topic of “Paradoxes in Prison Sentences”[3] he felt constrained to begin with a rather lengthy explanation as to why an academic lawyer might choose such a topic. He referred, for example, to a recent government report[4] which had...
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...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 on...
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...the more obvious changes include: 1. a restructuring of the juvenile justice system due to increasing violent juvenile crime and youth gang warfare; 2. the increased bankruptcy of a “war against drugs” whose promises seem increasingly hollow; 3. a growing recognition of America’s international role as both victim and purveyor of worldwide criminal activity; and 4. The rapid emergence of cyber-crimes, which both employ high technology in the commission and target the fruits of such technology. Drugs and Crime The relationship between drugs and crime rests on the concept of drug abuse. Drug abuse is illicit drug use that results in physiological, social, psychological or legal problems for the user. A drug is any chemical substance defined by social convention as bioactive or psychoactive. A psychoactive substance is a chemical substance that affects cognition, feeling, or awareness. Most drug users are recreational drug users, using drugs relatively infrequently and primarily with friends and in social contexts that define drug use as pleasurable. Most addicts begin as recreational users. Drug crimes fall into two categories: 1. the use, possession, distribution and sale of illegal drugs and the offenses committed either under the influence of drugs or surrounding the growing, making or importation of the drugs; and 2. Of crimes such as money laundering, bribery of officials, burglary or robbery to obtain money for drugs, murder, etc. The Purpose of Sentencing...
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...Year 12 Legal Studies Notes Focus Study: Crime Key Legal Concepts and Features of the Legal System Crime - a violation of a law in which there is injury to the public or a member of the public and a term in jail or prison, and/or a fine as possible penalties Types of Crimes Offences against the person Offences against the person are defined as acts that intend to cause harm or injury to the victim Homicide Definition: is the unlawful killing of one person by another * Murder is the killing of one person by another “with malice aforethought”(mental component) * Manslaughter is the killing of someone in circumstances less culpable than murder. (generally given a lighter sentence than for murder) Degrees of awareness | Murder | Voluntary Manslaughter | Involuntary manslaughter | Non-criminal Killing | Intention to killReckless indifference of life Constructive murderDeath during intention to commit grievous bodily harm | Where the intention to kill or cause the act is mitigated by other factors, such as provocation or diminished responsibility | Non-reckless indifference to life or manslaughter by criminal negligenceReckless indifference to grievous bodily harmManslaughter by an unlawful and dangerous act | Death by non-criminal negligenceDeath by an unlawful act that is not dangerousAccidental deathSelf-defence | Stats: Murder: * In 2001 of the 340 homicides in Australia, 306 were murder * Maximum penalty is life imprisonment ...
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...R outledge Revision: Questions & Answers Jurisprudence 2011–2012 Each Routledge Q&A contains approximately 50 questions on topics commonly found on exam papers, with answer plans and comprehensive suggested answers. Each book also offers valuable advice as to how to approach and tackle exam questions and how to focus your revision effectively. New Aim Higher and Common Pitfalls boxes will also help you to identify how to go that little bit further in order to get the very best marks and highlight areas of confusion. And now there are further opportunities to hone and perfect your exam technique online. New editions publishing in 2011: Civil Liberties & Human Rights Commercial Law Company Law Constitutional & Administrative Law Contract Law Criminal Law Employment Law English Legal System Routledge Q&A series Equity & Trusts European Union Law Evidence Family Law Jurisprudence Land Law Medical Law Torts For a full listing, visit http://www.routledge.com/textbooks/revision R outledge Revision: Questions & Answers Jurisprudence 2011–2012 David Brooke Senior Lecturer in Law and Module Leader in Jurisprudence at Leeds Metropolitan University Fifth edition published 2011 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN Simultaneously published in the U S A and Canada by Routledge 270 Madison Avenue, New York, NY 10016 Routledge is an imprint of the Taylor & Francis Group, an informa business This edition published in the Taylor & Francis e-Library, 2011...
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...CLIFFORD H. BOGGESS: ANALYSIS OF CHILDHOOD & LIFE BEHIND BARS CASEY M. LUNDBERG MARCH 31, 2015 PROF. ADINKRAH: CRIMINOLOGY SUMMARY OF VIDEO Clifford Holt Boggess committed two major crimes. His actions can be categorized as a double geronticide, also known as eldercide, as he murdered two elderly men. Boggess’ crimes against persons were also felony murders because of the robbery that took place as well. Both murders involved a certain degree of planning prior to the kill, classifying them as premeditated crimes; however he did not personally know his victims, making both incidences stranger homicides. A 21-year old white male, Clifford Boggess was on trial for two murders. From the video, I gathered that his family was poor, as his crimes were committed because of financial need. Boggess was unmarried, but had a girlfriend at the time by the name of Phoebe Boles. He had a high school diploma and no college experience. Boggess grew up a religious boy as an avid churchgoer and became extremely in-tune with his religion while on death row, practicing Protestantism before converting to Catholicism prior to execution. However, Clifford Boggess had many Christian friends he consulted with. Boggess was the youngest of 10 children, given up for adoption at a very young age, soon to move in with his foster father’s parents in Texas. These sociodemographic characteristics of the offender will be helpful in further analyzing his felonies. Sociodemographic characteristics...
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... Intro A. Categories of Substantive Computer Crime Law 1. computer misuse crimes = intentional interference w/proper functioning of computers (hackers, viruses) 2. traditional crimes = traditional criminal offenses facilitated by computers (gambling, pornography) B. Computer Crime v. Traditional 1. computer crime usually threatens economic interests more than physical 2. computer crime much more likely to cross state boundaries; most traditional crime is dealt with by the states II. COMPUTER MISUSE CRIMES A. 2 ways they can occur 1. user exceeds his own privileges a. “insider”: has some privileges/rights 2. user denies privileges to others b. may be an “outsider”: no access rights B. Most Common Statutes 1. unauthorized access statutes 2. computer fraud statutes 3. computer damage statutes C. Why Punish? 1. utilitarian: deterrence of harmful conduct, incapacitation, rehabilitation (looks forward) 2. retribution: just deserts; restore moral order (looks back) D. The Hacker Ethic: an open and free approach to using and exploring computers; any computer user has the right to tinker with and improve any computer; rules governing access should NOT be followed 1. misuse can improve security E. How or When to Punish 1. Property-based view: the computer is not yours, so if you break in you should be punished; if you want access, you need permission ...
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...frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaška’s contribution to comparative law and the challenges faced by comparative law in the twenty first century. Crime, Procedure and Evidence in a Comparative and International Context Essays in Honour of Professor Mirjan Damaška Edited by John Jackson, Máximo Langer and Peter Tillers Published in North America (US and Canada) by Hart Publishing c/o International Specialized...
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...Made By Jason & Franklin. This Document Is Strictly Prohibited For Commercial Purposes Without Authorization. List 1 GRE Verbal 750 Quantitative 800, AW 5.5 2008 10 Princeton, MIT, M. Fin Unit 1 ABANDON A B D I C AT E ABASE ABERRANT ABASH ABET A B AT E A B E YA N C E A B B R E V I AT E ABHOR abandon [ 1 n. ] carefree, freedom from constraint added spices to the stew with complete abandon unconstraint, uninhibitedness, unrestraint 2 v. to give (oneself) over unrestrainedly abandon herself to a life of complete idleness abandon oneself to emotion indulge, surrender, give up 3 v. to withdraw from often in the face of danger or encroachment abandon the ship/homes salvage 4 v. to put an end to (something planned or previously agreed to) NASA the bad weather forced NASA to abandon the launch abort, drop, repeal, rescind, revoke, call off keep, continue, maintain, carry on abase [ 1 v. ] to lower in rank, office, prestige, or esteem was unwilling to abase himself by pleading guilty to a crime that he did not commit debauch, degrade, profane, vitiate, discredit, foul, smirch, take down elevate, ennoble, uplift, aggrandize, canonize, deify, exalt abash [ 1 vt. ] to destroy the self-possession or self-confidence of ,disconcert, embarrass Nothing could abash him. discomfit, disconcert, discountenance, faze, fluster, nonplus, mortify embolden abate [ 1 v. ] to reduce in degree or intensity / abate his rage/pain taper off intensify 2 v. ...
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