W1 Discussion

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American Public University *

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CMRJ 3002

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Law

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Feb 20, 2024

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docx

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Uploaded by KodiPaige

W1. Discussion Thread: The Focus of Criminal Justice and Scripture -Based on your practical and educational experience, what is the focus of the criminal justice system, restorative justice, or criminal rights? Give specific examples. Can these seemingly competing perspectives be better harmonized? The criminal justice system’s primary function is to enforce the law. This includes prosecuting, sentencing, defending, and punishing people who have committed crimes. The system has been created to provide justice, and provide fairness, ethics, and morale. It provides everyone with an opportunity to plead their case and can defend themselves. Restorative justice can be defined in a manner that is drastically different from traditional criminal justice responses. Restorative justice views justice as "repair" to the harm caused by crime and conflict, as opposed to "punishment." (Pointer, 2021). Essentially, it is trying to make right of something or someone that is being wronged, and to help people overcome their criminal behaviors. Restorative justice also attempts to rehabilitate offenders through various programs. Criminal justice and criminal rights share a similar focus. It grants rights to both suspects and offenders. Because they are human, criminals have certain rights as well, and it would be cruel to deny these people their fundamental human rights. the Miranda warnings, the right to counsel, the Fifth Amendment, and so on. “Defendants and criminal suspects are granted several significant rights by the United States Constitution. These are made to prevent innocent people from being found guilty.” (Voigt. 2023). Although states are free to grant their citizens more rights, the Constitution stipulates minimum protections that all states must grant. Criminal rights, restorative justice, and criminal justice all collaborate to provide moral guidelines for the administration of justice. In my opinion, these perspectives are harmonized. The criminal justice system has always existed. Roman 13:1-2 reads, “Let every person be subject to the governing authorities. For there is no authority except from God, and those that exist have been instituted by God.” (Bible, 2024). There must be a governing body to control society. This is the purpose of these systems that exist in the modern day in the criminal justice system. While I do not have any personal experiences that could provide an example, I can provide an example from my time in basic training. Please keep in mind this is a summary to the events that took place. While I was still a “trainee” there was an incident that had occurred within our platoon. One female had made allegations about a male and used me, as well as a few other females a eye-witnesses. These allegations were quickly investigated and brought to the attention of the Criminal Investigation Department on base. I personally feel as though this case was rushed and not all the facts and evidence were presented. Sadly, the group of females already disliked this particular male due to his sexuality and decided to slander his reputation. It took less than a month before the Drill Instructors informed us that the male was no longer a part of our Company and that it is in everyone’s best interest to quickly move on from the event. I personally feel as though the male was never given the opportunity to properly defend himself against the accusations against the female, and once she had gotten the favor of the platoon it was pretty much game over for him. I do feel that this case was not a very good representation of what the criminal justice system stands for, nor how justice should be carried out. -Kodi B.

References: Pointer, L. (2021). National Training and Technical Assistance Center. What is “Restorative Justice” and How Does it Impact Individuals Involved in Crime? What is “Restorative Justice” and How Does it Impact Individuals Involved in Crime? | Working with BJA NTTAC (ojp.gov) Voigt, R. (2023). Criminal Law. Constitutional Rights in Criminal Cases. Rights of Criminal Suspects and Defendants | Lawyers.com Bible. (2024). New International Version. Romans 13:1-2. Romans 13:1-2 NIV - Submission to Governing Authorities - Bible Gateway

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