On September 18, 2017, I attended both a local court and district court. The cases I saw on this day differed in multiple approaches when allowing one to go about their court hearing. After witnessing two different courts and cases, I executed the differences between the process of justice being managed and the ideal of justice being done. I believe the local court relates to the idea of the sociological theory of criminology due to the idea of the society having an impact on one’s actions. Both courts also coincide with the symbolic image of the “Lady of Justice” and how a court sentence can be balanced, fair, impartial, and has the power to induce a punishment on the guilty. The district court differed demonstrating the criminological theory by allowing the offender the chance to explain and justify their criminal behavior. The case I saw in the local court involved a victim who assaulted a police officer and was accused of attempting to flee the scene when law enforcers were called. Even though the plaintiff had surveillance evidence that the victim did not attempt to flee the scene, the judge seemed to disregard the statement. Instead, the judge questioned the reason the victim would feel threatened if he were the assaulter. My observation suggests this case is a representation of criminal behavior due to the environment the individual was in. The sociological theory of criminology states that criminal behavior can be influenced by the people around and the class
Our society for the most part has a set of written laws by which it operates under. Laws govern our behavior in society and list punishments by which individuals that break them will be prosecuted and sentenced. Our criminal justice system is essential made up of three major intuitions which see a case from the beginning and through the trial and finally to the punishment phase ("How Does the Criminal Justice System Work?," 2014). Our society needs laws and punishment for those who violet the laws otherwise we would live in a world of chaos. In this paper we will examine various aspects of the criminal process from arrest through sentencing and appeal.
Criminology is a field that has been researched prolong. Most of the information explaining crime and delinquency is based on facts about crime (Vold, Bernard, & Daly 2002, p.1). The aim of this paper is to describe the theories of crime and punishment according to the positivists Emile Durkheim and Cesare Lombroso, and the classical criminologist Marcese de Beccaria. The theories were developed as a response to the industrialisation and the modernisation of the societies in the 18th and 19th centuries and were aiming to create a rational society and re-establish social solidarity (Vold et al 2002, p.101). The criminological perspectives of crime and punishment will be discussed in a form of dialogue between the three theorists exploring
Three models portraying our criminal justice system are the Wedding Cake Model, Criminalization Model, and the President’s Commission Model. The Wedding Cake Model “emphasizes that the system handles different kinds of cases differently; it depicts four layers or tiers of cases”. While the Wedding Model offers an accurate typology of cases processed through the system, its primary focus is on the decisions of prosecutors, defense attorneys, and judges. There is a glimpse the role of power and status in such decisions, but the factors of race, class, and gender are not explicit. But, this model does not address the lawmaking process and the social inequalities in the economic and political systems in which laws are forged. Now the second model, the Criminalization model explores the role of social class in the criminal justice system. It shows that the system is used to control certain groups of people by criminalizing their behaviors and targeting them for arrest and incarceration. The third model, the President’s Commission Model provides the most famous portrayal of the criminal justice system by summarizing the stages of the system. In comparison, the Wedding Cake Model and the Criminalization Model are similar because they both show the recognition of power and status in the criminal justice system. These two models are the opposite of the President’s Commission Model due to the fact that this model does not show the roles played by race, gender, and social class at the
This paper summarizes four theories of criminology. Rational choice theory states that criminals act based on a thought process that weighs the pros and cons of criminality. Criminologists who believe in this theory feel that most criminals are people capable of having rational thoughts before committing a crime. Trait theory is the view of criminology that suggests criminality is a product of abnormal biological or psychological traits. Criminologists who believe in this theory feel that criminals choose to commit crime because of a brain anomaly or chemical imbalance. Social structure theory is “a view that disadvantaged economic class position is a primary cause of crime” (Seigel 139). Those who follow this theory often believe social forces can have a great effect on whether or not a person commits a crime. An example would be those who are poor are more being more prone to commit crime. Social process theory is a view that criminality depends on how a person interacts with different organizations and institutions and processes in society. For example, a family would be considered
The Conflict model, sometimes called the “system conflict theory” or non-system perspective, provides another approach to the study of Criminology and Criminal Justice. The studies of this model, focuses on the social inequalities of different groups. Criminologists believe that society and social order are based on the powerful and dominant groups. This model argues that all of the social components are designed to serve their own interests and that justice is a product of conflict, rather than cooperation. Meaning that the criminal justice system is expected to compete between each other in order to make justice in society, and that this is the most accurate way to deal with crime.
It is common knowledge that crime exists all over the world and that justice and punishment may vary in different countries and societies. However, how justice and punishment is enforced in a society and globally is not common knowledge. Global justice refers to the belief that the world is unjust; while social justice, in a manner of speaking, refers to the fair treatment of everyone in a society.(“Social Justice”). Both social and global justice value human rights, remove inequality, and holds people accountable for fair practices.(“Social Justice”). If someone commits the same crime as another person, for example, they should receive the same punishment. That is what most people would be inclined to believe, but in the reading “The Moral Ambivalence of Crime in an Unjust Society” by Jeffrey Reiman, crime and justice is reviewed and defined in an uncommon way. Reiman discusses justice in a society where a crime was committed against him and his wife.
The criminal courts are responsible for determining the guilt or innocence of the person that is accused (Griffiths, 2015, p.147). As well as the courts are supposed to conclude the appropriate sentence while protecting their rights of the accused. The outcome that comes from the criminal courts is that the judgement is made to be fair, impartial and no political intrusion. Furthermore, the main focus of the courts is the find the fundamental problems, the interagency and interdisciplinary collaboration and the accountability to the community. (Griffiths, 2015, p.147). The court is supposing to keep the fairness and equality through the society.
Courts are established social, political, and judicial institutions necessary for the manifestation of justice and the maintenance of law and order. The courts are part of the judicial branch of government, as outlined in Article III of the United States Constitution. Courts are the arenas in which the law is tried and applied. Judges are the presiding officers of the court. The United States Supreme Court is the most fundamental court because has "the authority to decide the constitutionality of federal laws and resolve other disputes over them," (United States Courts, 2012). This is true even though even though the court does not expressly enforce that law; enforcement is the province of the executive branch.
Criminology is the definition of our crime today, it defines many aspects and elements that challenge our common sense understanding of crime. The term ‘Criminology’ was first introduced into the English language in Garland 1988 by a criminologist Havelock Ellis (jones, 2013, pp. 2-3). However criminology was present in the 1860’s as Henry Maudsley a medic that worked in the prison systems to study insane and feeble - minded criminals (jones, 2013, pp. 2.) Criminology gives an understanding to those that seek justice although some victims may prevent crime or encourage it to gain the same significance. The reasoning of crime has changed considerably over the past 40 years, some say it was the change of the criminal justice system abolishing Capital punishment in 1965, or just the development in different legislations. Making punishment more psychological rather than physical punishment may have increased the velocity of the crime rate today as some may argue it is less harsh. Criminology is one to justify these changes to prevent criminal offences. Criminology is enforced to understand and analyse the extent of offences and how legislation is formed and put into practice. Development in crime in our
‘A Peacemaking Approach to Criminology’ was written by Louis J. Gesualdi, and published in 2013. It contains a review of different writings, which relate to criminology. The main argument of Gesualdi lies in promoting a humane way of handling crime and deviants. The book proposes a peaceable way of dealing with offenders in a manner that accords respect to human rights. Further, Gesualdi notes that the criminal justice system is concentrated on inflicting harm on the offenders by punishing them. He argues that the system is fixated on the notion of reacting to crime rather than prevention. Hence, the book proposes an approach where restorative justice and prevention of crime can be accommodated in the criminal justice system. The main
Social constructionism, defined as the process by which our perceptions of reality is largely shaped by the subjective meaning that we give to an experience, is a reality created by society. These realities are not static; rather they are affected by the cultural trends popular at the time. When looking at the courts, especially criminal law, we see a system that adapts and updates laws as social norms change. Courts try to maintain a status quo, a that’s how it was in the past, that’s how it should stay. However, as society adapts to new cultural norms, laws that apply criminal sanctions to deviant behaviors begin to evolve as well. As society’s viewpoint changes we begin to see cases rising through the court system, sometimes as high as
A theoretical perspective in the field of criminology that addresses power differentials, inequalities and hierarchies as the explanations of crime is known as critical criminology. In the making and enforcement of law, critical theoretical perspectives are helpful in the reduction of crime by reducing the social, economical and political disparities in a social agency. Critical criminology actually provides a huge framework for the discussion of many other approaches followed in criminology like conflict theory, post-modernism and peacemaking criminology etc.
These fluctuations in criminal justice policies are not just in local governing bodies; these changes are an effort to adapt to a new technologically based modern age, and that goal of adaptation radiates to all ends of the earth, thereby having a global reach. As all societies, and populations of people alter and change, and belief systems ebb and flow, the rules and laws that govern such people must change with them. It is imperative that a governing system stay current, for without an ever-changing system of behavioral structure then those societies race faster toward
Most people don’t know about the three major components of the criminal justice system, but, in this paper the reader will know what they are. The reader will also read about how the three components interrelate to one another, and also how the conflict one another. The
The criminal justice system is a group of institutions that work together to protect a society, prevent and control crime, and maintain justice; enforcing the laws regulated by society. As the years have gone by and society has evolved; so have the criminal justice system and its methods to accomplish its role in society. This short analysis will evaluate the main facts that have been affecting the criminal justice system for decades and have influenced the evolution the justice system is enduring in a changing society (Muraski, 2009). Amongst the changes in the system, we will discuss the effect the changes have had on the citizens and how their perceptions have evolved as well.