...Theory of Justice Analysis Michael Lemke 532 February 20, 2012 Scott Schoellkopf Theory of Justice Analysis People need to know what crime analysis is to ensure that the current justice analysis is in place to discuss the theory of justice. An emerging field in law enforcement is crime analysis. A criminal justice agency new to criminal analysis may have difficulties in determining its main focus. Crime analysis is the breaking point for people who commit acts in violation of laws. Philosophy and ethics comes into play to deal with fairness in the theory of justice analysis. This paper will begin with an explanation of some of the principles in how the theories differ from traditional utilitarianism. The second part of this paper will continue with the explanation of how modern criminal justice agencies and other entities define justice. This paper will conclude with how security defines justice. The state of nature from the political theorists of Hobbes, Locke, and Rousseau states that men were under the assumption of only thinking about themselves, and they did dedicate themselves to their own interests. “Hobbes proposed an autocracy that protects its citizens through its very existence, leaving them no enforceable rights; Locke advanced a liberal regime in which life, liberty, and property are kept safe from governmental discretion, as they are seen as natural human characters; and Rousseau saw politics itself as a remedy for the discontents of private...
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...Vanessa Wright June 5, 2011 Comp Inter Legal Systems Project 1: Compare and Contrast France and England CJS Albany State University Criminal justice systems across the world vary depending on what country you reside in. Criminal justice systems are representations of what the country will accept and what they will not tolerate regardless if you are a minor or an adult. Some countries put you in the same category, but one thing all criminal justice systems do are protect the people of its country and make sure they are safe. The duties of the criminal justice systems across the world range from detecting crime to running the whole country. Every country has a criminal justice system including France and England. France’s criminal justice can be compared to England’s criminal justice system in many ways but it also can be contrasted. There are many similarities between the two, but what ultimately makes one country enforce their laws more strictly may be the greatest difference between the two. Within France, there are two major principal police systems which employ more than 145 thousand people. The two major principal police systems are the National Police and The National Gendarmerie. The Director General of the National Police includes the inspector general of police, judicial police, general intelligence, public security, territorial surveillance, control of the borders, and republican security company. The...
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...Restorative Justice Rose Stevens CJA/224 June, 16th, 2014 Restorative Justice Restoration is one of the goals of the criminal justice system. The idea of restoration is to restore the criminal and the community affected by the crime. Restorative justice stems from the idea of restoration. Restorative justice is different than retributive justice. In this essay I will discuss the restorative justice process, the difference between restorative and contemporary justice, and how restorative justice worked for the RJ city case study. Restorative Justice Process Restorative justice deals with "the need to compensate victims, the need to place appropriate responsibility on the criminal offender, and the need to attempt the reintegration of the offender with the community" (Schmalleger, Hall, & Dolatowski, 2010, Chapter 14). The way we used to view crime was like a violation against the state. We now understand that crime also violates an individual. The idea of restorative justice is to restore the victim and the criminal instead of just the criminal. There are three main processes involved in the restorative justice system. There are restorative circles, restorative conferencing, and victim-offender mediation. Restorative Circles Restorative circles are meetings that include the offenders, victims, friends and families, interested members of the community, and some representatives of the justice system. ("Restorative Justice Online", 1996-2014). There is a facilitator...
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...with that being said that would mean that everyone has these rights including the criminals in society. These rights often are one of the reasons that the justice system is always so tied up and court trials can take many years. One of the hot topics with individual rights and public order currently is the many protests and demonstrations that are going on in America of the past several months. This is a good example of individual rights versus public order....
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...Courtroom work group Ronald A. Tonelli University of Phoenix The Criminal Justice System CJA/204 JEROME SIMPSON JR. Courtroom work group Across The United States of America and in every State, County and City criminal justice system, a Courtroom Workgroup has a familiar understanding between the prosecutor, defense attorney, and the judge. This concept of criminal justice describes the seemingly confrontational courtroom participants as colleagues serving within the criminal justice system. Eisenstein and Jacob in 1977 studied the interactions of court members at all levels they came up with the courtroom work group. The three individuals have totally different jobs and responsibilities than the other two, they work separately from one another toward their personal goal but work together for a common goal “justice”. The biggest change I would make in the system would be to add more judges and courts on all levels of the criminal justice system to help with the overload of today's society. With more courts, we would be able to ensure quicker court dates for the accused. This change would free up a lot of money due to people not sitting in jails, and the cost per day per person is around $234.00. Think of how much we could put into programs to help prevent crime with that amount of money saved. The judge ensures all follows the laws of the court and its procedures in the courtroom. He will address all objections place before the court either overruling or sustaining...
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...Describe the American experience with crime during the last half century. What noteworthy criminal incidents or activities occurred during that time, and what social and economic conditions might have produced them? a. The American experience with crime during the last half century has been the main reason for the way our courts, law enforcement, and the criminal justice system operates the way that it does today. There have been many crime waves and other events that have played a key role in shaping the system as it is today. Some of these things include: the huge spike in organized crime activity during the prohibition years and its evolution into gangs and the laws concerning them today, the increase in reported crimes and enforced laws through the 50’s, 60’s and 70’s as well as the change/increase in the types and availability of illegal drugs today. For example: prohibition effectively created a black market for alcohol, a sub cultural of illegal gambling, and other organized crime like protection rackets, to name a few. That paved the way for gangs and the way we handle them today. 2. What is the theme of this book? According to that theme, what are the differences between the individual-rights perspective and the public-order perspective? a. The theme of this book is individual-rights verses public-order, specifically; the rights guaranteed by the constitution to criminal suspects and law abiding citizens need to be upheld and defended. On the public-order side...
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...Re-Entry and Its Effects: Institutional and Post Release Community Corrections, CRJ 341 Jonathan L. Kaiser Abstract Reentry is a challenge many offenders face once they are incarcerated and released into society. The term “reentry’” is a synonym for return and is defined as the act of going back to a prior place, location, situation or setting. Prison re-entry refers to the transition of offenders from prisons or jails back into the community. The concept of life in society is an important part of any reintegration of institutionalized people, including people who have been incarcerated for committing a crime. The institutionalization of a population leads to isolation, segregation and detachment of the elements of a company defining the basis of citizenship. Although individuals often returning to the community focus more on the choice of where they dwell, their long-term success in society is more likely to be dependent on the social roles they have chosen to play, to the extent that they will engage in the community and they have been prepared for this purpose during their incarceration or institutionalization. Reentry can help reduce recidivism as well as assist those who have been previously incarcerated to begin leading law abiding lives once released into society. However, overtime the importance of prisoner reentry has been drastically lowered with less emphasis on helping those to prepare for their release and with post release community integration. As...
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...Week Three Read Me First criminal courts INTRODUCTION This week focuses on the criminal court system. Courts are typically limited in geographical jurisdiction and in the cases that they can hear. The United States has a dual court system in which the courts closely resemble and complement one another. The courts also have what is known as a courtroom work group that consists of the judge, prosecutor, defense attorney, baliff, clerk, and court reporters. The roles of the courtroom workgroup will be discussed at length this week. This Week in Relation to the Course This week, you explore what happens after arrest. All offenders must go through a series of steps following arrest and detention. This process involves the court system and a number of players who have an integral role in the criminal justice system, such as mental health workers, probation officers, jurors, and so on. The defense attorney, prosecutor, and judge are three of the most important positions involved in this process. The roles of the prosecutor, defense attorney, judge, and other members of the court are examined. You learn about the options that judges consider when determining punishment. You also explore the premise of determinate and indeterminate sentencing and how it affects the actions of the court. The differences between the federal and the state courts and between adult and juvenile court systems are another important aspect of this week. You discuss the various steps during...
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...Research Process and Terminology Patty Bishop CJA/334 11/2/2015 Gregory Koehle Research Process and Terminology When you discuss doing research, it usually conjures up images of scientist in a laboratory or someone with piles of books in front of them spending hours reading. The truth is that research is done every day by a multitude of people, most of whom never even think of what they are doing as research. People who are looking to buy a home, may investigate several real estate agencies before choosing one, then when they see properties they ask various questions to decide which house is right for them. When a group decides to have a party as a restaurant, they most likely have a few choices which they narrow down in various ways. These processes are all types of research. The focus of this paper however is the process and terminology of research in the criminal justice field. While still a relatively young science criminal justice research has come a long way, much of which has been absorbed into common language and so is no longer considered to be research related, but simple common sense. Criminal justice research often faces criticism from those who think that it is obscure jargon or academic intimidation, an elaborate explanation of what some see as common sense (Hagan, 2010). There are various methods used in criminal justice research, most employ collecting, analyzing and reporting data which can entail many complex details, the same as any other research discipline...
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...origin of where it came from. Also we will discuss how parole differs from mandatory release and how probation differs from other forms of sentencing. We will also discuss community corrections and what it means and furthermore, we will critique the current rehabilitation options and if there are better options or solutions that may be used in today’s prison system. Rehabilitation means "to restore to useful life, as through therapy and education" or "to restore to good condition, operation, or capacity". The thought and purpose behind prison has been, throughout history, to deter criminals from committing crimes. Rehabilitation of prisoners has been classically second to punishing them for their crimes. As our society has changed through various civil rights movements, the rights and treatment of prisoners has become a paramount concern for many people. Classes and rehabilitation programs have sprung up in nearly every prison in the US. These programs however, have not been adequate to rehabilitate prisoners as dire sentences are seeing decreased implementation due to the battle over prisoners’ rights. Rehabilitation as a concept in our prisons needs a massive revision. In conjunction with revisions to rehabilitation, the implementation of dire consequences for repeat offenders could act to further reduce crime. The assumption of rehabilitation is that people are not permanently criminal and that it is possible to restore a criminal to a useful life, to a life in which they...
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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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...Individual Jury Trial Analysis Brad Phillips October 16, 2013 In the United States criminal justice system, there is a process that must be followed in order to not only charge a person with an offense or crime but also in order to submit that person to a criminal court trial. When an individual is charged with a crime there are steps that a law enforcement officer must take in order to make a legal arrest but the process does not end at that point as there is also significant steps that must be taken before a jury trial begins. Each of these steps is significant and vital to the criminal justice system as they each protect against corruption, abuse and violation of individual rights. After examining each step on its own merit it is much easier to observe how each of these steps plays its role apart and in relation to the other steps in the process. The first step in the jury trial process is the act of initiating a trial. This is the step in the process wherein a hearing is held to determine the specifics of the trial. The judge will determine if the defendant is competent to stand trial and also rule on any pretrial motions that have been made. In addition, if the trial is taking place in a state that has Grand Jury requirements, it is during this phase that the Grand Jury meets to decide on evidence and if there is sufficient justification for the trial to continue. The second step in a jury trial is the selection of the jurors. This is not always the next...
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...Mrs. I. What steps the lawyer will take to defend Mrs. I’s son and opinion of the judge and how the judge would sentence the case. Introduction There have been numerous cases of car theft and careless driving in United States. With effective criminal justice in US, these felonies have not failed to be punished. The judgment on these cases has seen most culprits get confined to a maximum of six years. Statistics show that most of the culprits of these crimes are adults, with adolescents being responsible for only a small fraction of the incidents. The penalties for committing these crimes are clear and the jurors have not hesitated on imposing them on the misdemeanors. Whilst most people accept the penalties inflicted on such culprits, there are numerous questions raised on how courts handle juveniles involved in such crimes. Should these youngsters face penalties similar to adults? Judges should determine if juveniles should be treated equally as adults when arbitrating on cases where adolescents commit crimes similar to adults, particularly on the case of Mrs.I’s son. The son of Mrs. I who is 15-years old was apprehended by law enforcers after he was found to have caused an accident with a stolen car. Juvenile Justice Process When Mrs.I’s son was apprehended, the police accused him of car theft, driving without license and careless driving. According to the law, these are atrocious crimes and if the son was to be found guilty, he would be imprisoned for a maximum of...
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...states that the defendant has the right to council. According to Cornell University Law School (1992-2013), the 6th Amendment states: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.” (para. 1). In other words, defendants obtain the constitutional right to be represented by an attorney during a trial even if the defendant cannot afford one. When one cannot afford an attorney the government appoints one to handle one’s case, at no cost. At almost every important phase of the criminal process, the suspect has the right to a lawyer. The right to council is important to defendants because they are the ones who will be most likely facing charges and without the right to counsel defendants run the risk of serving a long term jail time and/or death. * This paper will analyze two cases and discuss how the historical development of right to counsel relates to the cases, when the right to counsel attaches to criminal procedure, whether the defendants in the cases exercised their right to self-representation, and the role of the attorneys in the cases as it...
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...Criminal Justice Procedure Amber Irwin Michiels CRJ306 Instructor Petrov July 31, 2013 Criminal Justice Procedure The criminal justice procedure involves a number of steps that must be taken carefully to ensure that a criminal does not get away with a criminal act because of law enforcement's failure to carry out each step properly. It is also set in place to protect the innocent from being unlawfully convicted. The modern justice process begins with investigation. After a crime has been discovered, evidence is gathered at the scene when possible, and a follow up investigation attempts to reconstruct the sequence of activities. Although a few offenders are arrested at the scene of the crime, most are apprehended later. In such cases, an arrest warrant issued by a judge provides the legal basis for an apprehension by police. An arrest, in which a person is taken into custody, limits the offender's freedom. The Arrest is a serious step in the process of justice. Most arrests are made peacefully, but if a suspect tries to resist, a police officer may need to use force. During arrest and before questioning defendants are advised to the constitutional rights, also known as their Miranda rights. The criminal justice procedure begins with arrest, followed by the booking of suspects, arraignment, preliminary hearing, grand jury trial, pretrial hearings, the criminal trial, followed by sentencing. In this paper, I am also going to discuss constitutional protections for...
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