The criminal justice system has many objectives which it intends to achieve through various punishments. One such objective is to deter social deviants by threatening them with the possibility of facing harsh punishment to pay for their crimes (Ferris & Stein, 2016). The criminal justice system also achieves retribution by responding to crime by retaliating or revenging the crime. The criminal justice system also incapacitates social deviants so as to protect members of the society through imprisonment or execution in some cases. Additionally, the system also intends to rehabilitate criminals so as to encourage them to refrain from socially deviant…
“Punishment, a necessary evil, is sometimes required to deter law violators from repeating their crime and to serve as an example to others who would also violate the law.” (Schmalleger. 2011. P.81)…
Use each key term below in a sentence that shows the meaning of the term.…
In this chapter, Brown discusses the disconnect between the physical realities of prison, such as the social costs felt by the inmate, their families, and the communities and the disproportionate imprisonment of minority populations, and the beliefs—influenced by cultural, social, and political forces—that ordinary Americans have regarding the criminal justice system. According to Brown, it is important as a penal spectator who is removed from the experiences of the criminal justice system to fully analyze the use of violence in punishment because it is normalized and there is a popular belief that inmates simply deserve the punishment. This book focuses on identifying the relationship between punishment and the common conceptions that penal…
The need for harsher sentencing in law reform may appease the needed features of punishment, but stricter penalties have not been proven to show reduced crime rates and then follows in seeking to promote social values for harsher sentancing undermining us our social value for fairness and the idea of justice to the individual…
A large issue is based around how offenders who commit horrible crimes do not end up being punished the way the victims and victim’s families feel they should be. In one of the most controversial Canadian cases, Karla Homolka made a plea deal, where she was sentenced to twelve years after assisting in the killings of three young girls. This case was difficult for the public to understand. In the beginning they viewed Homolka as a woman who had been beaten by her husband. However, after more information came out about the case, it became apparent that Homolka had more involvement in the murders than originally thought. Kilty and Frigon (2007) found that, “once the videotapes of the sexual assaults were found, acceptance of Homolka’s discourse of forced participation seemed to dissipate, and the re-construction of Homolka as dangerous and narcissistic ensued” (p.45). Outrage from the public followed, as it was described that Homolka was smiling and enjoying herself in the videos of the sexual assaults against the women. Conversely, court officials were found as saying that, “if the videotapes had been available at the time, Karla Homolka would have found herself in the prisoner’s box beside Paul Bernardo” (Kilty and Frigon, 2007, p. 55). Unfortunately these positions made no difference as the plea deal was already decided. This case creates bias towards plea-bargaining because it shows how unfair the system can be. Serial murder is described as a person who commits three or more killings over a period of time. Such as Homolka, though she received a lenient sentence compared to her counterpart, Paul Bernardo. Leniency, as shown in the Homolka case makes society uncomfortable with plea bargains because the feeling is that a person who commits a crime should do the appropriate sentence. However, Smith (1986) found…
For Immanuel Kant, guilt is considered a necessary condition for punishment and judicial punishment can never be used merely as a means to promote some other good for the criminal himself or civil society. He argues that, an offender must first be found to be deserving of punishment before any consideration is given to the utility of punishment for himself or his fellow citizens. In this view, utilitarian concerns can never justify the punishment of an innocent person while guilt itself demands punishment even where punishment is entirely devoid of social utility. Therefore, again we observe that the best action is the one that maximizes utility and can be applied in various ways, but most commonly relates to the maintenance of healthy emotional…
Earlier responses to crime were to be brutal, which included torture, humiliation, mutilation, and branding. These kinds of punishments often attempted to relate the punishment to the crime, as close as possible. The first response to crime incorporated linking criminal acts to sin and developing strict punishments. Throughout the years, this thought process has changed into a more humane system. The reason for corrections to is to protect the society but also to provide rehabilitation to these individuals. Punishments for criminals now include main objectives that widely differ from the first believed aspects of punishments. Punishments now embrace objectives pertaining to deterrence, incarceration, rehabilitation, retribution and restitution.…
Grimes, J. N. (2010 January-December). The social construction of social problems: "Three Strikes and You 're Out" in the mass media. Journal of Criminal Justice and Law, 2(1-2), 39-56. doi:Ebscohost database…
Public shaming would be a good crime if it only affect the criminals; however, many innocent citizens are affected everyday by it making it a cruel punishment. Although, the shaming of Hester Prynne led to her learning a life lesson, it doesn't always produce that same effect against other people which means it’s not accurate and should be…
This essay will offer different definitions of crime, suggesting that it is a social construction as it varies across culture, time and belief. It will examine the role of social construction, through interpretation and meaning, in the identification, reporting and legal consequences of criminal acts. After illustrating how fear, escalated by the media, can directly affect crime, it will conclude that crime and its consequences are socially constructed.…
Restorative justice has been gaining ground since 197 when it was used in a case in Canada. This practice allows the victim to meet face to face with the offender and possibly release some anger and move on from the incident. After gaining more ground, today we see Victim Offender Reconciliation Programs across the country trying to help victims after a crime has been committed against them. In this essay we are going to discuss the origins of the modern restorative justice movement, explain how the principles and practices of restorative justice relate to its historical, theological, and social-work roots, describe how restorative practices, including re-integrative shaming, differ from retributive practices, including both the philosophical and practical differences.…
June Tangney’s short essay, “Condemn the Crime, Not the Person”, is about the difference between two emotions: shame and guilt. There is a problem in the court system when it comes to traditional sentences. There are people who even encourage America to look for shaming as a way to save money rather than taking care of an inmate in jail. However, Tangney states that recently, there is a realization that these cheaper ways are actually not effective. It makes the criminal’s situation worse, according to the author. The two feelings of shame and guilt are very different. I agree with Tangney’s argument because punishing a criminal should be in the fairest way with the…
Across various cultures, the arguments for imprisoning non-violent criminals as opposed to conferring them alternative punishments has been for centuries an intensely discussed subject and a fervently mediated topic in political, judicial and social endeavors. Society has often "waxed and waned" leniently on the issue of whether to punish non-violent felons by incarcerating them in jail or by providing alternative means of castigation, thus offering specific treatment (such as, *The FREED Program -see End Note-) with the hope for the rehabilitation and restoration of the aforementioned group of lawbreakers.…
RETHINKING ON CRIMINAL JUSTICE ADMINISTRATION IN INDIA: Efficacy of Courts under present Criminal Justice Administration . INTRODUCTION-…