Police : Policing And Sentencing

The Criminal Justice System Policy has changed over the past years whether that has been for good or for worse; depending in what point of view one’s sees it. This can be seen in the tough on crime approach by legislators and the criminal justice system. Policies were made to deter crime and implement tougher approaches towards punishment. For example, truth in sentencing law that

Since the 19th century, law enforcement and punishment has developed rapidly into the justice system we rely on today. Obscure laws that had become irrelevant in an industrial and post-industrial era were fast being replaced, and despite its lack of existence at the beginning of the 1800’s, policing standards are, today, high. The necessity for this drastic change in approach to crime has stemmed from the needs of industrial Britain, and the increased awareness of the public, and government, and their perception of crime and punishment. Rather than individual cases having a direct impact on these changes, in general they provide an insight as to the reactions of the public at the time, and along with the myriad of other cases, allow us

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

The second supporting argument that Parliament imposes the judiciary to place too much emphasis on incarceration is characterized by the reduction of credit for pre-sentence custody credit. Fortunately, this was amended in 2014. The Truth in Sentencing Act, one of the government’s early “tough on crime” laws was passed in 2009, but became operative on Feb. 22, 2010. This Act contributed to the changes regarding the credit offenders received for pre-sentence detention or “dead-time,” that does not count towards any parole or early release eligibility. This curbed judge’s ability to give a break on sentencing when a convicted offender has spent lengthy time in pre-trial jail custody. This discount in sentencing had evolved to recognize that

The increase in violent rapes and murders being committed by paroled prisoners in Victoria, such as those committed by Adrian Bailey in 2012, and Sean Price in 2015, have led to the tightening of parole laws, removal of suspended sentences, and introduction of new mandatory sentencing laws. However, while these laws can be an effective way of reducing crime, reducing reoffending by 17-20 percent (Helland and Tabarrok, 2007), they also are a departure from the doctrine of the separation of powers (Solonec, 2015). The purpose of this essay will be to assess how detrimental the removal of objective sentencing will be to society, through the implementation of policies such as mandatory sentencing, stricter parole laws, and the removal of

The criminal justice system is the system the Australian public look to for protection and justice against those that disregard the law but there are mixed opinions from the general public that the justice system is too lenient and that the public opinion isn’t taken into consideration when assessing crime and punishment. In this essay, I will argue that the Australian criminal justice system is in fact shaped largely by our society because if it doesn’t reflect social conscience, the justice system would fail. I will discuss this firstly by explaining how the criminal justice system works in Australia, how the justice system reflects community values and how it relates to today’s society, the budget and staffing levels of agencies of the

The penal system in the United States is often portrayed as being tough on crime, but to many other western nations the penal system in the United States is viewed as a broken system (Mallory, 2006). While this is a tough critique, the American incarceration rate is the highest in the world at over 714 per 100,000 U.S. citizens (Walmsley, 2008). This rate is much higher than many of other western European countries, whose average incarceration rate is only 95 per 100,000 citizens (Stern, 2002; Walmsley, 2008). America’s higher rate of incarceration might be more acceptable if it resulted in a safer society. Consequently, one could reasonably conclude that the United States’ political agenda for increasing punishment to decrease crime yields an ineffective result. Therefore, in the

Mass incarceration has been a huge social problem since the 1980s; it came hand in hand with the war on drugs. Elliott Currie, a professor of criminology and law, suggests that building more prisons, imposing longer sentences, and applying harsh punishments will not lower the incarceration rate. In his chapter on “Assessing the Prison Experiment,” he explained that the increase of crime rate is not the sole reason that mass incarceration occurs, and it was also because courts

The ongoing role of prison within the UK Criminal Justice System is becoming increasingly unclear. On the one hand in the 21st century, it is considered to be a “state strategy for crime control, a deterrent for those contemplating crime and punitive response for those who have broken laws”McAvinchey (2011 pg.10). On the other hand, it is also supposed to have a rehabilitative purpose, the intended role of a prison is to rehabilitate the offender so that when they have completed their prison sentence, they can be successfully rehabilitated back into the community and live a crime free fulfilled life. Yet, when examining the vital statistics that underline an increase in prisoner population, it is clearly apparent that the system neither

The three eras discussed in this week’s reading are the Political, Reform, and Community-based eras (The fourth era detailing policing in the 21st Century hasn’t been covered yet). The Political Era - 1840-1930 - was characterized by the appointment of police chiefs by local politicians and so were beholden to those that appointed them, often times adjusting the justice they exercised to the benefit of their patron, or rather the politician or party that appointed them. Due to this essentially powerless policing, chiefs tended to be no more than political strong-arms with very little authority over the officers under them. This lack of oversight and control tended towards corrupt or incompetent officers. Because there was virtually no hierarchy or accountability, most officers lacked adequate training which caused poor decisions and unlawful arrests and searches.

Mandatory sentencing involves the implementation of legislation to remove an element of judicial discretion by imposing minimum or mandatory sentences for a particular offence or type of offender. From the perspective of society, mandatory sentencing may be said to promote the rule of law in ensuring that laws are predictable and applied equally across all individuals by aiming to match the punishment to the crime, as well as reduce crime and recidivism. Depending on the outlook taken, mandatory sentencing may be said to promote the individual’s right to a fair trial as it encourages consistency but by the same token a conflict arises in that it strips the judiciary of the power to tailor sentences to the unique circumstances of each case.

the implementation of the Coroners and Justice Act 2009, and the introduction of the Sentencing Council as the single statutory body in charge of issuing guidelines on sentencing. As a result, courts are now required by statute to follow any relevant sentencing guidelines relevant to the offenders case unless they are satisfied that it would be contrary to the interests of justice to do so. The Sentencing Council is in the process of producing sentencing guidelines for a range of offences with the intention of targeting recidivism and creating greater consistency in sentencing while still allowing for a degree of discretion (amongst other aims), but for the purpose of this essay we will examine only the Definitive

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.

From the 19th century to the 20th, crime control state agencies have become instilled with ‘penal welfarism’ and rehabilitation. However since then they’ve been dominated by risk management, incapacitation and retribution. In clarifying this change Garland; the formal organisations of crime control have a tendency to be responsive. Garland states “too often our attention focuses on the state’s institutions and neglects the informal social practices upon which state

Penal-welfarism as means for crime-control strategies came under backlash in the 1970s, in that it seen to be lenient and sympathetic towards offenders in its focus on tackling social causes, which ultimately led to as Garland argued less focus on the victims. Garland, therefore, argues that new strategies to crime-control has been directed at focusing on the effects of crime (victims, costs, fear, etc.) and rejects social causes as an excuse for offenders to commit crimes. Instead, strategies of crime-control developed based on individual responsibility and opportunity reduction, with many liberal ideas that characterised penal-welfarism connected with failing to deliver adequate levels of security through the state. At the centre of many