But in contrast there are very different at the same time. The crime control model is used in the criminal justice system for the prevention of crime. The crime control does not exclude that is possible to make a mistake, but based on the circumstances of the laws, the person is considered guilty until her or she is proven innocent. This model is based on old fashion laws which allow rapid and speedy convictions despite the mitigating factors of the case and the victim. The results, of the crime control model are wrongful convictions, being over-turned and this is a major downfall in the criminal justice system.
Crime maybe controlled by fear of punishment 4. Punishment that is severe, certain, and swift will stop crime They believed in fast punishment instead of long trials. One of the major parts of criminal punishment reform was for fair and equal treatment of accused offenders. Judges could punish criminals however they wanted to no matter how severe the crime. Mr. Beccaria and other members of the Classical School fought for punishment to be set by legislative instead of judges having all of the authority for punishment.
Whether it is retaliatory or treatment based, it is generally agreed that the criminal must be punished. The way that society punishes criminal behaviour seems to be a barometer of culture. Punishment signifies a society's values, morality, sensibilities and reasoning. Traditionally, retaliatory methods of punishment, or punishments that use revenge, were widespread throughout the world. This form of a penalty included anything from corporal and capital punishment, to incarceration and banishment.
Each of these represents a different philosophy which stems from a different understanding of human nature. Retribution and incapacitation are the only ones that are truly forms of punishment. Deterrence is a philosophy based on the threat or fear of punishment, and restoration is a goal of sentencing to help make victims “whole again” (Schmalleger, 2014, p. 343). I will discuss rehabilitation later in this paper. Retribution is defined as “A just deserts perspective that emphasizes taking revenge on a criminal perpetrator or group of offenders” (Schmalleger, 2014, p. 341).
Even though I think flogging is humiliating and painful, it is clearly a much easier and cheaper way of locking up a criminal rather than putting them in prison, and that we should consider bringing it back for non-violent crimes. In Jacoby’s article, "Bring Back Flogging," he talks to the readers about the flaws of today's criminal justice system and tries to persuade them to bring back flogging as a punishment for some crimes and other instances. Jacoby’s thesis is directly in his title “Bring Back Flogging”. His title is an attention grabber and it also makes the us think about his essay. He starts his essay with a knowledge on the puritans justice system, and how they dealt with criminals back in the old days.
Fundamentals of Human Resource Management (2nd ed.). Retrieved from The University of Phoenix eBook Collection database. The Zebulon Police Department Policies and Procedures Manual, EEOC Procedure: 3.502 (2003, p.153). Berk, J. (2008).
Sentencing Paper Billy Kinkade University of Phoenix CJA/234 Christine Cavalin 08/05/2011 Sentencing Paper According to Lawlink, deterrence, retribution and rehabilitation are the primary objectives of sentencing in the US penal system (2003). Deterrence refers to the need to deter prospective criminals from committing crimes in the first place. The extents to which severe punishments such as the death penalty deter criminals are hotly debated by criminologists. However, more widely accepted is the notion that punishing tempting crimes of circumstances such as insider trading, can be effective in deterring crime. If the costs of the crime to the likely criminal are incredibly small, he or she will take the chance of getting caught.
Others may think the exclusionary rule should not be used to enforce the Fourth Amendment. They feel at times it is necessary for the exclusionary rule to not be used. I can understand their position because they are looking at putting the accused defendant behind bars and make sure they are punished to the fullest. At times without the exclusionary rule, the case in court can succeed and get the result the prosecution and maybe even what the public want. Sometimes people feel the defendant has too many rights and has more benefits, which could help them get away with criminal activity.
These guidelines are given precedence over one another when the judiciary determines an appropriate sanction depending on the circumstances surrounding the offence. Incarceration is effective when the principles of general deterrence, denunciation and incapacitation are given primary consideration. However, when the principles of rehabilitation, reparations, and instilling a sense of responsibility in the offender are most important, restorative justice is a more effective alternative to incarceration. Therefore this paper will evaluate both incarceration and restorative justice within the framework of current sentencing purposes and principles and identify general circumstances wherein each sanction is most effective. Origin of Current Sentencing Purposes and Principles The purposes and principles of sentencing the judiciary uses today are relatively new additions to Canadian law.
The Babylonian Code of Hammurabi was the first written code of laws that set punishments for specific crimes (The U.S. History of Capital Punishment, 2009). At that time, punishments were harsh, as the sale of beer was punishable by death, and punishment served as a deterrent for others not to commit crime. In ancient times, corporal punishment usually resembled the crimes committed. For example, thieves hands were cut off, or liars tongues were removed. The middle ages began the importance of punishing only convicted criminals by assuring their guilt by means of torture, battle, or compurgation.