A Shift On A New Method Of Criminal Justice System

Though forgiveness and clemency matter significantly in social life, they play comparatively small roles in criminal justice system. The criminal procedure is dominated by the State whose interests in deterring, debilitating and imposing retribution leave little room for forgiveness. However, justice need not be so austere, intangible and uncongenial. A more modified, concrete criminal justice system could give much better credence to the benefit and needs of the offenders, victims and members of the society. An offender usually inflicts both physical and psychological injuries upon a victim. This kind of an action on the part of the offender, justifies the victim’s resentment of the offender. The resentment protests the injustice of the wrong, the victim’s self-worth, and the wrong-doer’s abuse of his moral agency.

Society has long since operated on a system of reward and punishment. That is, when good deeds are done or a person behaves in a desired way they SP are rewarded, or conversely punished when behaviour does not meet the societal norms. Those who defy these norms and commit crime are often punished by organized governmental justice systems through the use of penitentiaries, where prisoners carry out their sentences. The main goals of sentencing include deterrence, safety of the public, retribution, rehabilitation, punishment and respect for the law (Government of Canada, 2013). However, the type of justice system in place within a state or country greatly influences the aims and mandates of prisons and in turn targets

Criminal justice is one of the most important systems which affect everyone’s life in the government of America. Within the system, although the debate over causes and solutions to crime will probably never end, the government has evolved and developed a criminal justice system for dealing with crimes. By deterring and mitigating crime, upholding social control, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts, the criminal justice system has a fundamental role in maintaining the national security. It also raises vital questions for each of American about fairness, security, and rights in a free society. Throughout a collection of articles in Criminal Justice, edited by Noël Merino for the Opposing

The legal system in the United States is primarily retributivist in its response to criminal acts. From a criminal justice perspective, this system is highly effective. When police departments engage in behavior that allows them to catch people who are criminals under the eyes of the law and keep them off the streets and engaging in further criminal behavior, then it is efficient to state that the criminal justice system is working, from a pure enforceability standpoint. It is crucial, then, to examine whether the reason behind the rule, e.g., the desire to reduce overall crime in society to improve the standard of living of everyone, is being met. There are arguments in favor of this viewpoint and against this viewpoint, and I will further argue that rehabilitation is more effective for long-term

The criminal justice system is a set of agencies and processes established by governments to control crime and impose penalties on those who violate laws. Different jurisdictions have diverse laws, agencies, and ways of managing criminal justice processes. In recent years, it has been debated that the criminal justice system has two primary and possibility conflicting perspectives known as the retributive justice approach and the restorative justice approach. Retributive justice and restorative justice have contrasting approaches when imposing punishment, that will be explored within this research paper, in regards to the disadvantages and potential advantages resulting from the implementation of it’s polices within the criminal justice system. These two perspectives have been implemented amongst many different criminal justice systems internationally, however the questions still remain, what is justice? And how should justice be served? This debate has created a divide between countries, due to the differing interpretations of justice and it’s response to criminal activity. The statistical information has been extracted from various online sources listed within the references as well as primary and secondary sources, “Prisons” by Haley, James and “Alternatives to Prisons” by Jennifer Skancke.

The criminal justice system views any crime as a crime committed against the state and places much emphasis on retribution and paying back to the community, through time, fines or community work. Historically punishment has been a very public affair, which was once a key aspect of the punishment process, through the use of the stocks, dunking chair, pillory, and hangman’s noose, although in today’s society punishment has become a lot more private (Newburn, 2007). However it has been argued that although the debt against the state has been paid, the victim of the crime has been left with no legal input to seek adequate retribution from the offender, leaving the victim perhaps feeling unsatisfied with the criminal justice process.

Imagine a ‘society of saints’, without crime, a notion put forward by Emile Durkheim a historical theorist who argued that this concept is unattainable within society. Social control is and has been present in all societies, organized groups, and cultures since the beginning of time. There are many historical and modern perspectives, which help draw conclusions on the study of deviance and social control, two concepts that go hand in hand. In discussing the connection between social control and deviance, it will reveal why Durkheim’s notion, that in a ‘society of saints’, crime will be found, is very true.

In medieval times deviant populations - such groups as the poor, impotent, aged, mentally ill, intellectually handicapped, beggars, vagrants and minor criminals - were not distinguished, but lumped together in a single ill defined entity and essentially responded to in similar ways. In these times all prisons were nominally the King's and the degree of central control, intervention and responsibility was minimal, more often non-existent even as late as the eighteenth century (Scull 1977, p17). Until the nineteenth century, the aims of imprisonment were retribution and deterrence, "most crimes were dealt with by some combination of fines, corporal punishment, mutilation or death" (Scull 1977, p.18). State involvement in deviancy control was weak, decentralised and arbitrary. The focus of control was undifferentiated, methods of categorisation and differentiation of deviance were hardly developed and visibility of control was public (Cohen 1985, p.16-17). The object of intervention during this time was the external behaviour of the deviant and therefore retribution aimed at punishing the body. Between the end of the eighteenth and the beginning of the nineteenth centuries however, incarceration gradually became the predominant mode of punishment and the emphasis shifted to reform and rehabilitation as the primary aims of imprisonment

“There aren't any magic bullets that can end America's continuing battle with crime and addiction”. M, S. (2015). The word punishment is known to be a form of Discipline. In order to better understand the nature of punishment, is to consider the development to morally justify the society infliction of what punishment is and how they present it. The correctional system has a type of system such as; monitoring, supervision, punishment, and treatment for the different type of range, in criminal offenders who are convicted due to violations of the law.

The country being accused of being soft on crime is the political kiss of death. The death penalty enjoys reappearance as more and more states reincorporate it as a punishment. With little thought to the cost or where it will lead, the nation goes after crime, drugs, criminals, and addicts with bloodthirsty revenge (Crackdown, 2009). The correctional system in 19080 and the correctional system today

In the beginning of the 19th, when people started being sent to prison, prisoners were to be isolated by themselves with nothing else but the Bible. They were to study it and find different paths for their souls. Prison became a place of rehabilitation, restoration or alteration of the individual, rather than a place of punishment. The upsurge of a criminal class in the 19th century made people doubt prisons and require harsher punishments for criminals. By the 1900 the prison system had found a symbolic place, both in the mind of the public and the practice of the courts, as the harshest measure of punishment.

This idea of prison as a place of reform grew from the 19th century onwards and the notion can be seen as attractive on many accounts. Firstly, it provides great justification for sentencing for both the judicial system and society as a whole, providing a moral high ground that the punishment model does not. In this model criminals are seen as a minority who display traits that distinguish them from greater society. Most crime is seen as being committed by this minority and therefore the reformation of this group will lead to a significant

The article relates to the topic deviance and social control in this section of the class. In looking at deviance there are different approaches that can be taken.

By living in a society an individual gives up some liberties for the well being of the entire population. This gives the government the right, and duty to create laws and punishment, however they must be fair and reasonable. The problem with our criminal justice system is that it corrupt, inconsistent, and lacks proper laws and punishments. In my most famous publication, On Crimes and Punishments, I discuss the importance of reform in the criminal justice system. Punishments for crimes should be used to deter others from committing more crimes; our government is more likely to use them as retribution. Most of the laws and punishments are leftover from the barbaric past of our country; the best example is capital punishment. There is no need to kill somebody for a crime they have already committed. It may seem impossible to reform the justice system, but there are several things that we can do. Capital punishment and the use of torture to extract a confession should be abolished. Suspected criminals must be given rights to prevent any acts of injustice from being committed. Reforms like these will work because human nature allows them

“Criminal sanctions are typically inflicted by the state. The central role of the state in determining the severity of these sanctions and inflicting them requires justification. One justification for state-inflicted sanctions is simply that the state is more likely than other agents to determine accurately what a wrongdoer justly deserves and to inflict a just sanction on those who deserve it. Hence, in principle, the state could be replaced by other agents, for example, private individuals. This hypothesis has given rise to recent calls to reform the state's criminal justice system by introducing privately inflicted sanctions, for example, shaming penalties, private prisons, or private probationary services. This paper challenges this view and argues that the agency of the state is indispensable to criminal sanctions. Privately inflicted sanctions sever the link between the state's judgments concerning the wrongfulness of the action and the appropriateness of the sanction and the infliction of sufferings on the criminal. When a private