Question 2 Is Justice applied fairly when crime control is taken into perspective? ... However, taking crime control into perspective, justice is not applied fairly. ... The judgment in crime control is also based on social classes. ... Sometimes the criminal control is based on races. ... It is clear that just justice is not fairly applied in crime control perspective. ...
To understand the nature of crime and criminality as it exists today one must understand the context of the history of colonialism and how it relates to both past and present crime. ... Criminality is defined in an American journal article related to crime and criminality as 'The behavioural definition of crime focuses on, criminality, a certain personality profile that causes the most alarming sorts of crimes. ... This defines criminality as the behaviour associated with a crime and the crime is the by-product of that behaviour. ... As is evident in frequent referencing of Indigenous Au...
States recognize that children who commit crimes are different from adults: as a class, they are less blameworthy, and they have a greater capacity for change. To respond to these differences, states have established a separate court system for juveniles, and they have created a separate, youth-based service delivery system that is different than that provided to adults. ... Pursuant to the above constitutional provision, the State has responsibility to provide the youth with care, support and understanding especially during times when he/she experiences confusions and the complexities of life...
A person who commits a crime should have to pay for the consequences. ... " (Two concepts if rules by John Rawls page 5) If we consider the job of a judge, they must sentence criminals to a certain punishment based on the crime they committed. ... Such judge has punished a criminal based on a utilitarian justification of the legal punishment of such crime. ... While in a retributivist justification we consider the punishment of a crime to be punished based on severity. ... No crime should ever go un-punished. ...
Pinochet's Case - Evolution in International Law On the fateful morning of October 16, 1998 General Augusto Pinochet was arrested by London's Metropolitan Police based on a preliminary extradition request from the Spanish government. ... The complaints were originally filed to pursue reparations for crimes committed against the deaths of Spanish citizens in Chile and Argentina under Pinochet's rule, but was broadened to include all the crimes of the regime. ... The question at hand was whether outside courts and complainants were limited in prosecuting crimes that were com...
No matter what race, gender, or crime you may have committed, everyone deserves due process. ... A crime is a crime, and everyone should have the right to due process before any legal action can be taken place. ... It is morally wrong to accuse and hold indefinitely for a crime. ... "Racial Profiling" refers to targeting individuals for suspicion of crime based on the individual's race, ethnicity, religion or national origin rather than based on evidence or facts. ... Some say that certain individuals should not be able to receive it based upon their status, race or certain crime groups...
Justice, however is the actual law that is carried out for the crime. ... This Code, was based on social orders and classes. ... The penalties were based on the person doing the crime and the person to whom the crime was done unto. Meaning, if the crime was done by a free person to a person not only not free but of a lower class, then the punishment was less strict, as well as if the crime was committed by a slave to another slave, the crime was practically dismissed . ... The death penalty was freely awarded for theft and other crimes. ...
The Legal Structure of South Africa The South African legal system is similarly based to that of the United States. ... The High Court, however, does preside over serious crime hearings such as murder. ... Because South Africa's democracy is not yet established and still emerging, it is increasingly affected by high levels of violent crime. ... More serious crimes are presided by the High Courts. ... A new superior court, the "Constitutional Court" was established to decide matters based on Constitutional provisions. ...
The new courts that were created for the juvenile offenders were based on the idea that rehabilitation could help the troubled youths. ... The idea behind rehabilitation for youth offenders was based on the idea of teaching them new skills, how to cope, seek medical treatment for those with mental illnesses, and for professional help adjusting to becoming a law abiding citizen. ... Being juveniles they are not ready for the adult situations regardless of the crime they committed. ... Juvenile offenders have been noted for committing a wide variety of crimes. Some people feel that these yout...
Plea bargaining is that bushel basket of practices whereby a prosecutor agrees to: charge a crime or crimes less seriously than the facts warrant. ... It encourages crime and demoralizes victims and society. ... Yet, on a per-serious-crime basis, we only imprison criminals at two- thirds the rate we did in 1960. ... The cost of crime, in tears as well as dollars, is infinitely greater. ... The expediency based practice of plea bargaining has done precisely that. ...
My knowledge about the world has always been based on how the United States functions and the rights that are given to everyone and that's including me, a woman. ... Crimes against women include abuse, slavery, false imprisonment, murder and rape. ... These crimes are called femicide or "honour" crimes. ... (wclac.org) Gender discrimination is also inherent in relevant criminal legislation, whereby the crimes of rape, indecent assaults, and incest fall under the category of "crimes against public morals and ethics", and not under "crimes against individuals". ... This article explains tha...
According to Joel Samaha (2015), the process begins in public with a defendant committing a crime. ... Crime control takes the approach of a suspect being "guilty until proven innocent.... These criminals are not always immediately taken off the street after committing crimes. ... Excessive bail is prohibited based on the 8th amendment (Samaha. 2015). ... Sometimes, cases are thrown out based on technicalities. ...
As the common-law evolves and changes we gain deeper understandings of crime, the motivation of crime, and rehabilitation of criminals. ... CRIMINAL LAW AND SENTENCING A general definition of crime is very easy to obtain and understand. The Canadian Oxford Dictionary defines a crime as, "an offence punishable by law illegal acts as a whole... " , and criminal as "a person who has committed crime or crimes." ... Traditional approaches to sentencing are based on theories like deterrence, retribution, denunciation, incapacitation, and rehabilitation. ...
Depending on the severity of the crime, the person might get a simple slap on the hand, pay a small or large fine, or possibly be thrown in jail. If the crime that the person commits involves killing another person, they might possibly be put to death themselves. ... Hammurabi's code was based largely on the dominant religion of the Mesopotamian culture, whereas the Twelve Tables was not based on religion. ... Also, the Roman republic did not distinguish the punishment of the crimes based on the social standing of the people, everyone had equal protection under the law. ...
Another way that conflict can contribute to the courts is the way that case laws can be developed based on the outcome of other court cases. ... Conflict leads to the court and court rulings have the ability to lead to a law that is created based off the ruling of the court when the law is interpreted (Baum, 2012, pg. 2). ... Conflict once again contributes to modern courts because it gives the ability to create laws based off of court rulings. ... This law was enacted in response to soaring crime rates during the mid 1980's and early 1990's (Walsh, 2007, pg.1). This affected the c...
In a nine-year span from 2001 to 2010, 8.2 million Americans were arrested and incarcerated for marijuana possesion with 90% of those arrests being based on possession(Wegman). ... Dispensaries and small businesses based on the distribution of the drug would open up, along with already established stores beginning to carry it. Based on a 2015 survey, it is known that 11% of Americans currently use marijuana(Gallup). ... This extra funding could be used to create more efficient law enforcement upon violent crime. ... Organized crime would come crashing down along with the amount of people harme...
Today, identification, detection, investigation and prevention of crimes in the field of customs are among the priorities as it affects the economic security of our country. ... -Customs Bodies of Republic of Belarus sometimes transmit poorly developed materials inspection, which reduces the formation of the evidence base and the number of bringing to justice the perpetrators of crimes in the area of customs; -Mutually poor knowledge of laws and regulations governing the joint law enforcement resulting in unreasonably allowed considerable time spent on preparing and carrying out activiti...
Sentence disparity is a term used to describe the variations and equities that result when defendants convicted of the same crime receive varying sentences; may refer also to varying sentences from state to state. ... I believe that there should be equal time for the same crime. ... Judges jobs are to make decisions based on what they hear in court, but just like all people judges also have bad days meaning that one day one person may receive 15 years with the possibility of parole for armed robbery and the next day another person may receive 25 years without the possibility of parole. Thi...
All codes of laws are based on the same principle, but are not quite as violent. ... They are still a bit violent in some cases but are very much like today's punishment for crimes. ... So we take a different approach to these crimes. ... We have a more refined and sensible approach to crime and punishment. ... The Hittite laws gave us the basis of monetary payments and what we base most court cases on today. ...
Socrates argument is based on the fact that he is a citizen of the state, having been born, nourished, and educated within its territory. ... One must understand that there are two classifications of crime. Those crimes that we agree not to commit because doing so will harm others. ... It's quite harder to justify laws against crimes that don't hurt others. ... As stated before, jaywalking, almost half of the population has done this crime. ...
Is the law based on morality? ... Laws enforce those expectations and rules based on what is right or wrong. ... Is it morally passable for us to kill a person and call it justice or should it be our morals that force us to disagree with this allowable crime. ... Yes, he should pay for his crimes, but it is hard not to feel sorry for him all the same. ... Jones's examination of Smith and the medical journal article exonerate Perry Smith for his crimes because of his severe mental illness. ...
The issue become even more complex when questions are raised in the courts of law concerning a person's mental condition at the time he or she committed the alleged crime. ... Psychologists offer their opinions, based on examination of all the information surrounding the case. Although, Psychologist may examine the individual and testify in court, the final decision is a legal one, made by the courts based on the legal proceeding. ... The typical standards require a person to be unable to differentiate between right and wrong at the time the crime was committed. ...
Hammurabi based his code on principles like, the strong should not injure the weak, and that punishment should fit the crime. ... In the code, crimes punishable by death required a trial in front of a bench of judges. Included in these crimes were bigamy, incest, kidnapping, adultery and theft. ... His uses of the punishment fitting the crime can still be seen today. ... Even though we don't chop off hands, or remove eyes anymore, the basis is still the same-the punishment usually fits the crime....
Some would say that media should print and broadcast the name because it alerts people of the crime and brings truth. ... Within these cases each have been tried in different types of courts, some based on criminal suits, some based on criminal statutes and some on common law. ... "The right to privacy is just a right, a right based not on constitutional guarantees,""(Gates Jr. 2000). ... The public is interested in matters of social issues such as: crime, drug use and political candidates. ... Florida's law stipulates: "794.026 Civil right of action for communicating the identity o...
In a criminal case, in order to convict the defendant of a crime, the prosecutor must persuade the jury of the defendant's guilt "beyond a reasonable doubt (90%)" "Reasonable doubt " is a fair doubt based upon reason and common sense (otto-graph.com, 2013). ... In criminal cases, there are two classes of crimes. ... In a criminal case, the defendant is charged with a crime, for instance, murder, and can face criminal punishment. ... A criminal case is for a person who commits a crime to pay a debt to society for breaking the law. ...
