... I will give my personal opinion on whether I think there are better solutions to the current parole process, probation system, and the community corrections options. Rehabilitation Rehabilitation is a form of punishment that really started to develop in 1945. This was the era known for using treatment, therapies, and education for criminals. Rehabilitation is act of restoring criminals to a proper state so they can be an active participant in society upon release from prison. According to “Wikipedia” (2013), “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 contribute to themselves and to society” (para. 1). This is very important for criminals that are mentally ill, or have some medical issues. Sometimes criminals need treatment and education to assist them with getting and staying on the right path. A path for success and renovation. Parole Parole is an extension of a criminal’s punishment. Parole allows a prisoner to escape from the walls of prison into the civilian world while participating in some form of community service as a condition of their parole. Parole, according to “Bureau of Justice Statistics” (2014), “Refers to criminal offenders who are conditionally released from prison to serve the remaining portion of...
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...) The reason is because most civil wrongs have to do with damages such as injuries or economic losses which might requires just compensation for the damages, whereas with criminal wrongs, the damages can involve dead or physical harm and with such cases, the liability assigned will be in order to punish the defendant severely so that the defendant will never commit such wrong again. I do believe a wrong doer should be punish for both civil and criminal wrongs for the same wrong doing only if she is found guilty of committing both crimes beyond a reasonable doubt. Secondly, with regards to the negligence per se doctrine, which permits a wrong doer to be automatically liable for committing both civil and criminal crimes, this wrong doer in question should be punish for both crimes because she might not feel the pains of the punishment if she is asked to pay only for compensatory damages. However, if this wrong doer is also convicted of criminal charges which is a more severe punishment, it will be hard for the wrong doer to commit the same act in the future....
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...Criminal Justice Trends Erin Berger CJA/394 Monday, March 5, 2012 University of Phoenix, Troy Hokanson Criminal Justice Trends The criminal justice system is set within our society as a means to protect those individuals that are innocent from those who intend to harm him or her. The purpose of a law is meant to protect a person from a person who could intentionally or potentially harm them. The two, work together to try and meet with the same results, to protect the innocent and punish the guilty. We as a society are full of people whom choose to continuously evolve. We are changing and as we change our perceptions change and as our perceptions change our society changes. This is responsible for the trends that take place in our society and inevitably within our criminal justice system. In this paper we will endeavor to assess previous, current, and imminent trends in the boundary amongst mechanisms of the criminal justice system and criminal justice associations with adjacent society. In our assessment we will also attempt to evaluate and identify recent and future trends and contemporary issues that affect our criminal justice system and try to determine the value of the criminal justice system in a changing society (University of Phoenix Student website, 2010). Many have viewed the criminal justice system as simply presenting a harsh existence. Some have viewed it as being too lax. There are many individuals that could agree that at one...
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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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...| Criminal Justice Trends Evaluation | Stephanie Conley | CJA/394 | | 2/20/2012 | Alan Hazen | Criminal Justice Trends Evaluation The criminal justice system is set within our society for a way to protect individuals from people that are trying to harm him or her. The reasons for these laws are to protect all persons from others who could intentionally or potentially do harm them. The two works together to try to meet the same end result to protect the innocent and punish the guilty. Society has people who continuously choose to evolve. Society continues to change and as well as their perceptions, this is responsible for the trends that take place in our society and within the criminal justice system. This paper will attempt to assess the previous, current, and imminent trends in the criminal justice system. This paper will attempt to evaluate and identify recent and future trends, and contemporary issues that the criminal justice system is faced with. The criminal justice system is viewed as a system that presents a harsh existence. Some view the system to be too lenient. There are many people who believe that the criminal justice system has been judged to be one sided. Criminal justice has had trends that have taken place for many centuries. A major issue within the criminal justice system which has had many trends and this is capital punishment. Capital punishment has always existed in the criminal justice system. And it was...
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...Introduction The criminal justice system is a necessary aspect of the American society that includes the Constitution and the bill of rights. The value of the laws is to protect the innocent and punish the guilty, to ensure safety, and equality treatment for all. In protecting the society, the criminal justice system has evolved with society when making changes in technology; this change is to detect growing trends. When changes takes place criminal justice system is keeping up with the society as a priority because society is always changing. Criminal Justice Trends Evaluation Most everyone has different views or opinion of the criminal justice system, such as harsh, too lax. favor one side, or the other. Trends have been there for many years but the main issue has been the capital punishment. Capital punishment has been around for centuries but was cheap in those days where they use an axe or a sword to behead a criminal, and this was the method used, and the tools used were always readily available. Throughout the history capital punishment has been an aspect within the criminal justice system, but not accepted by many. Capital punishment is still used but there has been so much controversy, different methods has been used in the past and present, and have advanced with technology, with lethal injection and electrocution. When creating the new method, there were many items being viewed to forbid cruelty and barbaric. Today these methods are used in certain...
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...Restorative Justice vs. Retributive Justice Can restorative justice be utilized more often than retributive justice? Restorative justice is a concept that is not fully accepted in the field of criminology. The theory presents an alternative way of reviewing criminal justice procedures. The main issues are repairing the harm done, and building relationships between the victim and offenders, rather than strict punishment of the offender. Restorative justice is an excellent concept. However, it is an substitute process which the criminal justice has at its disposal. The premise for retributive justice is the punishment of the offender, resultig in jail and/or imprisonment. There is no consideration given to repairing the harm caused by offender...
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...SOCIAL JUSTICE This is a sample paper for Dr. Matthew Robinson’s class … CJ 5150, “American Justice System and Social Justice” at Appalachian State University The paper is not be used for any purpose other than illustration for students in the class!!! Social Justice versus Criminal Justice Appalachian State University Social Justice versus Criminal Justice In this paper I will discuss how different aspects, policies, and procedures of the United States criminal justice system are inconsistent with the principles of social justice 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...
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...Criminal Justice System Criminal Justice System Introduction Criminal justice changes in rules, procedures, and terms from state to state. However, the punishment exercised on criminals cannot vary from the standards established by the United States. A crime is classified as an act that violates the federal laws of America. Consequently, all the violations are subject to different severities of punishment. Crimes in particular can be as minimal as a traffic violation and become as severe as homicide. The severity of the crime will determine the severity of the punishment. The criminal justice system is designed in order to standardize a level of punishment to appropriately fit the crime committed. The criminal justice system is largely affected by constitutional law and has evolved significantly over time. Currently, the criminal justice system maintains itself to helping the process of reprimanding criminals. There are three elements of the system and there all valuable in the criminal justice system. The primary element is the police force. Police officers have the responsibilities to capture criminals, investigate, and testify in court based on what actions were witnessed. In some situations, police officers have the obligation to jail criminals directly from street while they await their trial dates. The second element is the court system. The court system is generally composed of a prosecutor, judge, and suspect who is referred to as the defendant in court...
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...Victim and Crime Evaluation Larry Fulse CJA /354 May 5, 2014 Joeseph Caulfield The Criminal Justice system today is our scale of judgment. It plays a major part in how we live and how we continue to live among all the dangers, evil and corruption that surrounds us. Without it there wouldn`t be the fine line of right and wrong, there wouldn`t be justice. Those that are considered victims in our criminal justice would turn and become the aggressors and the criminals if we didn`t have a Legal System, and we would live in a world of chaos. Many individuals each have a role to play in our Criminal Justice System; there are the criminal and the victims who create the unfortunate events to which justice has to be served and then there are the defense attorneys and the prosecutors who do their best to upload the justice system and make sure that justice is served. What are the goals of sentencing associated? A defense attorney is a hired contractor, charged with representing individuals or entities in criminal or civil matter. People and organization facing criminal charges or being sued civilly hire a defense attorney to ensure their legal rights are properly protected and guide them through the legal counsel, is ethically and professionally required to watch over only the interest of his clients, within the boundaries of the law. He is legally and morally considered an “officer of the court,” and is required to refrain from lying or misrepresenting the facts of the...
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...Criminal Justice Trends Evaluation University of Phoenix Contemporary Issues and Future in Criminal Justice People in society continuously change therefore people continue to evolve as our perceptions change. In this paper the student will assess the past, present, and future trends in the interface between elements of the criminal justice system. In the assessment the student will evaluate the criminal justice connections with surrounding society. The student will identify the recent and future trends affecting the criminal justice system. Last, the contemporary issues and the value of the criminal justice system in a changing society. Interface between Components The American Justice in the 1800s was quite different in the aspect of how the laws have changed. In the 1800s there were not enough law enforcement officers to enforce the laws. Therefore, many people believed it necessary to take the law into his or her own hands. An example of vigilante justice in the 1800s was the lynching of Henry Smith. This is a sad example of how people were treated; in 1893 Henry Smith was tortured and burned alive in front of a crowd of 10,000 people. People were executed for crimes not committed and trials were not an option (Keene, 2012). In the 18th century B.C.E. the first know death penalty was in the Code of King Hammurabi of Babylon. A person could have 25 crimes before the sanction of the state for the death penalty. Capital punishment in the 18th century...
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...Capital Punishment and Crime Deterred Should capital punishment be used in a justice system to deter the level of serious crimes in a society? There have been arguments that capital punishment is the best way to deter crime and arguments that say it is not all over the world. The justice system is in place to keep societies functioning proper, and punish those who hurt that goal, capital punishment is one of the ways that have been aiding in the success. If capital punishment does act as a deterrent for crime, shouldn’t a society use it as a tool for the justice system? However, if capital punishment does not act as a deterrent for crime, then should it be scrapped by the justice system and emphasis be placed on looking for a new way to deter crime? This is more than just a crime deterrent issue because it involves taking a life to save a life. This is an ethical issue of whether capital punishment is the best way to solve the problem, and this has been argued by millions of people all over the world for decades and it is still a highly debated topic to this day. Capital Punishment, also known as the death penalty, is the practice of sentencing a person to execution as punishment for a capital crime after a proper legal trail. It is typically only used as a form of punishment for people who commit serious types of murder. It may not be known, because many countries never actually use it, but there are 58 countries that currently have a form of the death penalty (Unknown, 2010)...
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...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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...Punishment versus Rehabilitation AJS/502 March 17, 2012 Punishment versus Rehabilitation For centuries the criminal justice system has struggled with punishment versus rehabilitation. Rehabilitation is the belief in curing a criminal of his or her criminal tendencies. By curing the criminal of his or her tendencies, he or she will one day be cast out back into society and be a contributing member. The idea behind punishment is to deter society while giving the offender his or her just deserts. The criminal justice system is a complex machine that society has designed to rehabilitate the offender while punishing the offender. The question still remains, is punishment or rehabilitation more important, depending on the person will depend on the answer. Deterrence of Crime Deterrence is one primary objective of criminal law. The goal is to discourage members of society from committing criminal acts out of fear of punishment (Farlex, 2008). Facing the criminal justice system can be a powerful deterrent. If an individual breaks a law he or she will be apprehended, convicted, and punished (Farlex, 2008). Many researchers have begun to look at personal choice. “An understanding of personal choice is commonly based in a conception of rationality or rational choice” (Keel, 2005, para 1). Cesare Beccaria and Jeremy Bentham are early classical theorists who analyzed human behavior concepts. “The central points of this theory are: (1) The human being is a rational...
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...Objectives of Punishment CJS/230 Objectives of Punishment The overall objective of punishment is to impose some kind of penalty on an individual for violating a law or rule, in the hopes that the penalty or punishment will result in that individual not committing future violations of the laws or rules, or causing any further harm to society (Foster, 2006). However, much controversy exists about which objective of punishment is effective for correcting criminal behavior. The deterrence objective of punishment is achieved by the certainty of imprisonment, which seems to have a discouraging effect on those who commit crimes or who may commit crimes. Individuals tend to avoid repeating criminal acts, or committing criminal acts altogether when the consequences are known (Foster, 2006). In other words, fear of punishment restrains certain individuals from committing or repeating criminal acts. Incapacitations’ objective is to protect society by imprisoning those who commit criminal acts, so those individuals no longer pose a threat to society. Therefore, society is safer because the criminals have been removed. Reformations’ objective of punishment is to rehabilitate individuals while they are imprisoned which aids in reducing criminal activity and may even eliminate future criminal activity for some individuals. This is achieved through various programs in which promote law abiding behavior. How Punishment Applies to the Criminal Justice System ...
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