Pros And Cons Of Jurisprudence

In the United States there are four main goals when it comes to punishment which are retribution, deterrence, incapacitation, and rehabilitation (DeJong, 2016, p. 288). The main goals for these punishments are to maintain order over society and to prevent recidivism (DeJong, 2016, p. 288). This ties into the Ecology perspective. By maintaining order over society and preventing recidivism, it ties into all of the issues regarding the Ecology perspective which requires for each issue to address the individual, family, community and society. Maintaining order over society and preventing recidivism strives toward making a safer environment for the individual, family, community and society. There is no universal agreement for making the severity of punishment just or fair (DeJong, 2016, p. 288). When it comes to retribution the person who is getting punished deserves the punishment (DeJong, 2016, p. 289). Retribution refers to when an individual commits a certain crime then that person must receive a punishment proportionate to that crime or suffering that they may have caused towards the victim (DeJong, 2016, p. 289). Regarding deterrence there are two types, general deterrence and specific deterrence (DeJong, 2016, p. 289). General deterrence focuses on the society in general and wants to scare everyone away from committing crimes (DeJong, 2016, p. 289). Specific deterrence focuses on criminals that have already been convicted and wants to prevent them from

The criminal justice system is a used to protect our society from those who try to harm it. Departments such as courts, and police officers study the behavior of criminals; they want our communities to be safe. When a crime is committed these departments work together to protect the rights of our society and our own. As stated in the textbook, a crime is the “Conduct in violation of the criminal laws of a state, the federal government, or a local jurisdiction for which there is no legally acceptable justification or excuse” (Schmalleger). Our system is a balanced system, there are times where have to think about our own rights as one person, but there are also times where we have to include other people. We must think of our society and

The criminal justice system has been proven to play a very important role in society. The criminal justice system is used to keep the citizens in check and to make sure that the laws that are made are being followed. It also is there to penalize anyone who disobeys the laws. In the criminal justice system, there are 3 main parts, law enforcement, adjudication, and corrections. Law enforcement is self-explainable. It consists of the law enforcers such as police officers and sheriffs. Adjudication is made up of people in the court house such as judges and lawyers. Corrections is made up of jailhouse matters such as prison officials. In these many components of the criminal justice system, there are all put in place to help correct people to do the right thing. There are punitive efforts and rehabilitative efforts. At time, the system may lean towards one category or more, which can be dangerous in terms of disciplinary action. The criminal justice system is more punitive than rehabilitative which makes the system ineffective.

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

At present, all federal judges have lifetime tenure; it has been this way since the drafting of the United States Constitution. Many contend that when the Constitution was drafted, the life expectancy then was less than half of what it is now in the 21st century. One of the major criterion for selection was the expectation that the candidate had a longer life expectancy. In other words, the candidate must “be young enough to serve for several decades.” By limiting the term of Supreme Court Justices to that of eighteen years, doing so would provide the potential for an increased sensibility to modern politics and life. If we were to continue to adhere to the verbiage of Article III, Section 1 of the Constitution, justices could continue to hold the position provided each exhibits good behavior. The question remains whether the pros would outweigh the cons of bringing new life and younger insight into the Court and would it tip the scales and force our legislators to apply term limits.

It is believed that punishment works to protect people from their criminals as it used to be seen as a fear in people’s mind to avoid inappropriate behaviour against other people, harming other people in certain ways and breaking the laws set by society or government. Punishment is a common view of human beings and they choose to behave appropriately towards their duty to follow rules set out by government laws to avoid fines or sentences. Sentencing is categorised n various degrees depending on the type and severity of crime committed, and imprisonment is considered as most common way to protect communities from its offenders and deterrent to re-offending all over the world. As Murray (1997) claims that punishment reduces crime

Criminal justice is defined as the system of law enforcement that is directly involved in apprehending, prosecuting, defending, sentencing, and punishing those who are suspected or convicted of Committing a crime. Jews and Christians consider to be a product of divine inspiration and a record of the relationship between GOD and humans. Criminal justice is a process, involving a series of steps beginning with a person committing an alleged crime, a criminal investigation and ending with the release of a convicted offender from correctional supervision. Rules and decision making are at the center of the process.

Subject matter jurisdiction allows a court the authority to only hear case that are in regards to a specific topic. Although restrictive in its ability to hear cases based on the topic, subject matter jurisdiction can specialize in a specific case type. Courts such as tax, federal claims and bankruptcy are examples courts which have subject matter jurisdiction.

In chapter 4, the textbook discusses the Criminal justice system and how the system works. The criminal justice system is a system setup to punish those accused of criminal offenses. Crimes such as murder, rape, robbery or crimes that are considered felonies. Many people are found guilty of their crimes and others are found innocent. People find this a good system to properly punish those who have committed offenses. I disagree that the system is a good system that helps people. The reason for me disagreeing is that the system is not perfect. There have been cases where the jury has come to a verdict that was wrong. Cases where the jury wrongly incarcerated somebody or cases where the jury acquitted somebody when they were guilty. A system

People often wonder why does the criminal justice (CJ) system fail to rehabilitate the inmates before they are released from prison, after all isn’t that part of the process? Isn’t it a mandatory that the inmates participate in this rehabilitation process? Inmates are often released before their sentenced in completed and this can leave the victim and family with a feeling of betrayal from the justice system, they should serve more time, after all they stole my property and my money. This feeling of needing a longer sentence for the crime that was committed is excessive, especially when the crime value may be minimal and wanting the inmate to serve seven to ten years incarcerated in excessive.

In the case of Margolin v. Novelty Now the appropriate court for this lawsuit depends upon several factors. In personal jurisdiction the book states that the courts are given the power to provide a decision in affecting the rights of individuals (Kubasek). In this case, the court will give a decision giving rights to Mr. Margolin, and taking rights from Novelty Now. For subject matter jurisdiction, a certain specified court will be able to hear the case This means, that it must be decided which court hears the case, whether state or federal jurisdiction. Since this case contains three different states, the federal court system must be the one to hear the case. In this case, minimum contacts must be determined to decide if a certain state will have power to assert personal jurisdiction over a defendant from another state (Kubasek). In this case, it must be decided if New York will take personal jurisdiction of the defendants residing in California, or Novelty Now residing in Florida.

Throughout time, the use of punishment has changed drastically. Not only has the actual infliction of punishment changed, the reasoning behind this punishment has also changed. There have been numerous scholars, educators, and researchers that have presented various theories on the reasoning behind societal punishment. Some of these theories are closely similar, however some are drastically different. It is important to note that these theorists have broad perceptions that can be rooted back to specific time periods throughout history. Societal punishment is defined as, “punishment being a complex social institution, shaped by the ensemble of social and historical forces and having a range of effects that reach well beyond the population of offenders” (Garland, 1991).

Crime in America is something that has been around for many decades. While a large number of crimes are considered minor, many more result in the serious injury or death of another human being. “When we think about crimes, we … normally focus on inherently wrongful acts that harm or threaten to harm persons or property” (Bibas 22). The death penalty, also called capital punishment, has been used as a means of punishing the most violent of criminals in an attempt to prevent others from committing similar crimes. Over the centuries, the methods used to conduct these executions have evolved and changed due to effectiveness and public opinion.

Last but not least, from a sociologic perspective, capital punishment does not work as intended, to deter crime rate, rather, it might brutalize individuals, at the same time does nothing good to the victim’s family other than brutal vengeance. The origin of death penalty is served as a vehicle to put a warning for those potential future criminals that such kind of behavior will lead to death. However, so far, no clear evidence can be seen that capital punishment, as a mechanism of deterrent, actually cut down the local crime rate. Ironically, a reversal trend was found by Death Penalty Information Center (2010) in the USA that the death penalty leads to an increase in local murder rate. To die might be too easy for the mindless murderers. Also, for the relatives or friends of criminals put into death through capital punishment, they are more likely to be

In the first case, personal jurisdiction is one of the two forms of jurisdictions that a court must consider before hearing a case.