More importantly, the specific principles that helps to comprise community Courts are based on: community engagement, Collaboration with outside agencies and groups, Defendant accountability, and Enhanced information.
As the planners of the Red Hook Justice center’s they looked at addressing two primary goals. Reducing crimes and improving quality of life within the Red Hook neighborhood. By combing aspects of the broken window theory, such as aiming to deter minor crimes with the involvement of the community and a drug court like program, that helped to provide supervised drug treatment. The planners believed that the community court would help to deter future acts of crimes, intervene, and help to enhance the legitimacy of the justice system.
Deterrence is founded on the assumption that people make rational choices about rather or not they wish to engage in criminal behavior. Thus, it is believed that one would weigh the gain they expect to achieve from a particular crime, to the expected cost of punishment. Punishment encompasses the likelihood of being caught and punished as well as the expected severity of the punishment. Therefore, in order to effectively deter, planner and criminal justice professionals must look into three factors: the severity of the punishment, the certainty of punishment, and the celerity with which the punishment is imposed. However, the severity of the punishment must be proportional to the benefit the criminal expects to realize from the
375) and by using this hedonistic calculus people will refrain from committing crimes. This concept focuses on the punishment fitting the criminal and on preventing future crimes from occurring. The three most important factors in effectively deterring a criminal from further crimes are the severity of the punishment, the certainty of the punishment, and the swiftness of the punishment. If criminal doesn’t believe he will be punished or he feels the punishment is minor in comparison to the crime or if the punishment is not swift enough, then he/she will not be deterred from committing crimes. Studies on the effectiveness of deterrence have shown to be inconclusive. The deficient areas of deterrence are crimes committed in the heat of passions, crimes committed under the influence of drugs or alcohol, and the massive backlog of cases in the nation’s courts (Neubauer & Fradella, 2008).
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
Community justice broadly refers to different aspects of crime prevention and justice activities that include the quality of life as a goal for the community. Recent initiatives include community crime prevention, community policing, community defense, community prosecution, community courts, and restorative justice sanctioning systems. Community justice prioritizes different types of offenders to determine the sanctioning for the victims and to ensure the offender is ready to enter back into their community in good standing with no problems. In other words, they do not want them back in the community if they feel they have not learned their lesson or have been rehabilitated. Community justice’s main focus is to promote public safety and like I had said earlier to ensure that the quality of life of the community is in good standing. Community justice includes different ways of interpreting information about police, courts, and corrections that highlights problem-solving techniques. There is a strategy behind community justice such as including restorative justice practices and processes. They also include both adult and juvenile offenders to create a safer community rather than doing things for the offenders or actually to them. Community justice wants to prevent victimization to help establish public safety. It also places a high priority on the wants,
Those who believe that deterrence justifies the execution of certain offenders bear the burden of proving that the death penalty is a deterrent. The overwhelming conclusion from years of deterrence studies is that the death penalty is, at best, no more of a deterrent than a sentence of life in prison. The Ehrlich studies – which took
The idea of capital punishment deterring crime is difficult to determine; some could rationalize that the death penalty should in theory stop potential murders from committing crimes. However, this rationalization has never been concretely proven. The research into capital punishment’s effect on deterrence is immense; however, the majority of research on this issue has differential findings. Although some research suggests conclusively that capital punishment deters crime, others found that it fails to do this. Understanding deterrence, the death penalty, and the results of
As soon as I entered the class, there was a man sitting in our class. His name was Paul Shapiro, and he was from the Orange County Courts. He explained to us what the community court is, and what kind of effect it has on our society. During mid-1980s, crack cocaine was widespread and people kept going back to prison. To cut this infinite loop of incarceration, Orange County made the drug court. It is not like a real court, but rather similar to a program that helps drug addicts free themselves from drug dependence. Unlike other courts, the prosecutor, the attorney, the probation officer, and the judge in the drug court work as a team.
Another issue related to the subject involves whether or not capital punishment actually deters criminals from committing crimes. Most people think that the death penalties primary function is to deter others in the future from committing similar crimes. There is evidence that at times capital punishment does deter. However, there are those or cite evidence or opinion that the capital punishment does not achieve its desired effect. The majority of this paper will focus on whether capital punishment actually deters crime.
This paper defines and analyzes Beccaria's concept of deterrence and the three key elements of punishment. The concept of deterrence is a classical school and rational choice model that emphasis punishment in order to deter crime. The three key elements of punishment used in order to deter crime include: the swiftness of punishment, the certainty of punishment, and the severity of punishment. It discusses which of these elements Beccaria thought was the most and least important, as well as my personal opinions. Also included in this paper are real-life examples of deterrence and the elements of punishment that they use.
There has long been a debate over which, if any, are the most effective methods of crime control. Governments from bottom to top in our nation have poured over the issue with mixed results for as long as there has been a nation. Until very recently deterrence was completely based on fear of punishment. However, recent years have provided us with a more complete understanding of crime and its roots among the more desirable parts of our society, specifically the mind of a criminal. Through the study of psychology, specifically free will, determinism and social identity, we may find that situational crime prevention is a better means to deter crime in our nation.
The Deterrence theory is a key element in the Criminal Justice System. It’s principles about justice appeal to us because it adapts to our ideas of what we identify as fairness. Punish the sinful and the ones who break the law, swiftly, to the extent that pain will dissuade them from committing a crime ever again. Its sole purpose, to instill fear. Fear of breaking the law because of its punishments. We not only use this theory to punish criminals, but it is a basis in which we raise our kids and pets on, that breaking the rules can lead to consequences. The deterrence theory says that people obey the law because they are scared of getting caught and being punished. It is said that people do not commit crimes because they are afraid of getting caught, instead they are being motivated by some other deep need. In my paper, I will address the two theorists who re-conceptualized the deterrence theory, the principles and two types of deterrence as well as give short insight into my own opinions on the deterrence theory.
One of the keys to success for the criminal justice system is the effective use of deterrence. General deterrence is a style of deterrence that punishment for offenders that is conducted in order to prevent other individuals in society from committing a similar crime. The United States criminal justice system is designed to benefit from the positive effects of a deterrence model in the court sentencing system. An article published in the 2015 Minnesota Law Review discussing the key components to deterrence stated, “Key to deterrence is a belief on the part of the person being deterred (1) that prohibited behavior will be detected and (2) that an immediate, negative consequence is certain to accompany any detected violation” (Klingele, p. 1633).
Akers, R. L. (1990). Rational Choice, Deterrence, and Social Learning Theory in Criminology: The Path Not Taken. The Journal Of Criminal Law And Criminology (1973-), (3), 653. doi:10.2307/1143850
One of the most interesting things I learned from doing my research on community corrections in my jurisdiction is how the criminal justice system is committed to being fair and balanced. I have observed in a court arraignment how a judge briefed everyone in the court about proper protocols during the hearings .The judge said he could not start court hearings unless a prosecutor was present, and that he cautions the inmate the right to remain silent, and also discussed to the inmate his rights. Community-based corrections developed as a result of dissatisfaction with institutional confinement and in recognition of the problems encountered by inmates reentering society after prolonged incarceration. Belinda R. McCarthy, Bernard J. McCarthy, Jr,& Matthew C. Leone (4th edu.). (2001) Community-Based Corrections. Belmont, CA: Wadsworth Group. In writing this paper I will inform and discuss the various programs and rules applied to handle offenders who have violated state laws according to the criminal justice system in NC. I will write about the following subjects in the following order: 1) Parole and probation, 2) Community and drug courts, 3) Pretrial release, 4) Victim aid, and 5) Community service (as a function of service of sentence).
My paper describes the four community justice models; involvement, partnership, mobilization and intermediary model. I expanded on the neighborhood watch since it is a perfect example of the mobilization model. In addition, I vouched for the involvement model as being the most effective approach to community justice strategies.
In contrast, the question of deterrence can be answered objectively using common sense and statistics. By analyzing different arguments for and against the death penalty, such as the "fear of death" myth, the cost of the death penalty, and the racial and economic bias of the death penalty, it can be shown that the death penalty is not an effective deterrent of crime.