The Criminal Justice System

3724 WordsAug 25, 201415 Pages
Introduction The goal of this paper is to analyze if the criminal justice system, as it is constructed today, is doing enough to punish and to deter crime. It will also look to see if there is deterrent in punishment at all. To do this there are a number of theories that should be examined. This includes the following Deterrence theory, rational choice theory, and lastly the positivist theory. The deterrence theory is a very basic, but overlapping theory to all of the others. We learn that at a very early age that reward vs cost is a critical thing to weigh when making decisions. This carries over to the decision to commit a crime and not to commit a criminal act. The rational choice theory states that human beings are decision making creatures. This theory would subscribe to the idea that the tougher the punishment, the higher the cost. The higher the cost, the likelihood of an individual committing a crime would drop. The positivist theory subscribes to the opposite of the rational choice theory. Under this school of thought individuals with lower intelligence or lacking social status do not have the same ability to make a rational choice when it comes to the ability to make a choice to, or not to, commit a crime. Recidivism will also be further examined. The National Institute of Justice defines recidivism as the following; “Recidivism is one of the most fundamental concepts in criminal justice. It refers to a person 's relapse into criminal behavior,

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