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Moral values-society
Norms and values in society
Norms and values in society
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In the case of Tara Brown’s murder, various groups of individuals are affected. As well as maintaining principles of fair punishment and deterrence, the criminal justice system has to consider perceptions of the victim’s family (secondary victim), the community’s demand for crime prevention, and the offender’s rights to a fair court hearing. The most likely outcome is imprisonment for Lionel John Patea due to committing an indictable offence. It is important to note that if this was only a case of domestic abuse without murder, it would utilise more time, effort and expenses to come to a resolution. This is due to the different circumstances and degree of abuse that the judge has to assess.
April Smolkowicz Professor Hicks Criminal Procedure 3700 June 14, 2015 Law and Disorder Assignment #2 A story about the New Orleans Police Department, (NOPD) after Hurricane Katrina, and their unethical use of lethal force against citizens. An investigative look into the NOPD cover-up, conflicting information, questionable police reports and activities, knowingly altering, concealing and conspiring. At one point the city was covered in water, no electricity, no radio for back-up, no way of communication unprepared for the storm that hit, they lost command and complete control of the police department. Suspicious deaths, premeditated homicide?
I. Overview of Section 41A of the Criminal Procedure Code: Paragraph 1: Section 41A of the Criminal Procedure Code is a provision that deals with the procedure to be followed by the police when making an arrest without a warrant. Its purpose is to ensure that the power to arrest is exercised judiciously and that individuals' rights are protected during the arrest process. Paragraph 2: Under the previous provisions, the police had the authority to arrest individuals without a warrant based on reasonable suspicion.
An American writer, Herbert Packer, identified two ends of a spectrum of possible approaches to criminal justice. On one side, there is crime control, with the main goal being the repression of criminal conduct. This model focuses on efficiency and strictness of punishments as the means of maintaining general regard for the criminal law. Wrongdoers would fear potential consequences of their acts which could result in general decrease in crime. However, this approach poses certain problems.
Not From the Mind Punishments for crime and bad behavior have been seen in different ways with some thinking we should be lenient and not give criminals hard times, while others thought that a more severe, brutal punishments to truly emphasis right from wrong. The articles “Time to Assert American Values” by an editor from The New York Times and “Rough Justice A Caning in Singapore Stirs Up a Fierce Debate About Crime and Punishments” by Alejandro Reyes both describe the trial of a teenage boy from the United States who was caught vandalizing in Singapore. Both authors of the articles examine in great detail, the punishments that the young boy should receive for his crime with both articles contradicting each other. After carefully analyzing
When a crime is committed, the offender must receive some sort of punishment, whether it be jail time, a fine, or something else. Subsequently, they should be able to get back to their life once they complete it. However, this generally isn’t the case. In Cecelia Ahern’s book, Flawed,” society is built on the idea that if a person does something considered “wrong,” whether illegal or not, they should be branded as “Flawed” and forced to live under separate rules from the rest of society, despite not receiving legal punishment. This treatment of “Flawed” people is akin to the treatments of people who are labelled “accused” and “felons” today.
Deterrence and the Death Penalty: The Views of the Experts. The Journal of Criminal Law and Criminology (1973-), 87(1), 1. doi:10.2307/1143970 This article was written by Michael L. Radelet and Ronald L. Akers. They both consulted experts on criminology and criminal behaviour to evaluate the effectiveness of the Death Penalty.
Modernity now looks at the soul of the prisoner, the aim of punishment now is to study the crime and transform the criminal’s behaviour so that the criminal gets a chance to live a normal life in society again. Modernity is no longer only bothered with questions like who committed the crime, but more importantly what were the factors behind the crime? Was he of sound mind, social background? The modern penal system needs a whole set of assessing, diagnostic, prognostic, normative judgements (p-19) concerning the criminal to be done by experts (magistrates, psychiatric experts, prison officials…) to determine what would be the normal conditions for the crime. The Judge in the modern system certainly does more than judge.
The criminal justice system is responsible for delivering punishment to breakers of the law, and according to Professor Colin S Diver, the criminal justice system derives its authority with a reliable “moral credibility” (Diver 5). However, the Norsefire methodology of delivering justice is not one that exhibits a
This is the concept that ways of punishment have been a significant role on social welfare in modern societies REF. Garland contends that the welfare state has merged with the criminal justice system in modern Western cultures, making punishment the main strategy for resolving social issues REF. According to Garland, the welfare state has been viewed as a collection of institutions and guidelines intended to improve things such as people' well-being by giving them access to financial stability and medical treatment (Garland, 2017). He contends that as more people are being imprisoned and subjected to various forms of punishment for social and economic issues that were previously thought to be the province of the welfare state, the role of the criminal justice system in providing welfare has recently increased. Garland’s other concept which he deploys in his book (2002), the ‘punitive turn’, is strongly related to the welfare state.
This examination of the criminal justice system is also done by Sir Keir Starmer as he traces the development of victims’ rights in the last 15 to 20 years and demonstrates the importance of human rights law in shaping that development in his article Human Rights, Victims and the Prosecution of Crime in the 21st Century. The basic thesis of that article is that “victims’ rights present a fundamental challenge to the basic criminal justice model which has been in place in most common law countries for decades if not centuries; that key developments in victims’ rights would not have taken place without the positive approach of human rights law (comparing here to the negative freedoms approach of the common law); and that the readjustment of our criminal justice arrangements to accommodate victims’ rights, whilst well and truly under way, is far from complete” . To help develop this thesis, he examined four aspects of the criminal justice arrangements which are of crucial importance to victims: the criminal law itself; the investigation of individual allegations of crime; the decision of the prosecutor whether or not to bring criminal charges against a suspect; the hearing before the
On crimes and punishments and other writings. University of Toronto Press. - Bentham, J., 1972. An introduction to the principles of morals and legislation (chapters i–v) (pp. 17-51). Blackwell Publishing Ltd. - Bentham, J., 1972.
In the criminal justice system, the corrections component is also responsible for the rehabilitation of the convicted individual. It is their duty to attempt to make the defendant a productive member of society once again. Based on the individual’s behavior while incarcerated, the court and corrections officials may decide to place them on parole, which ensures that the individual will comply with the rules of society once they are fully released from the system. The criminal justice system is an essential role in the organizational structure of not only the United States but also in countries around the world. If there were no criminal justice system to administer punishment, the world would be unstructured, disorganized, unjustified, cruel, and not to mention a chaotic place for it citizens.
The disadvantage of this approach is the fact that it does not focus on the victim instead it justifies the offender’s actions by regarding them as patients and victims of dysfunctional societies Restitution
There is a worldwide trend in the use of penal imprisonment for serious offenses as capital punishment has been renounced by an increasing number of countries. Harsh punishments include capital punishment, life imprisonment and long-term incarceration. These forms of punishments are usually used against serious crimes that are seen as unethical, such as murder, assault and robbery. Many people believe that harsher punishments are more effective as they deter would-be criminals and ensure justice is served. Opposition towards harsh punishments have argued that harsher punishments does not necessarily increase effectiveness because they do not have a deterrent effect, do not decrease recidivism rates and do not provide rehabilitation.