The law and theory of criminal justice
September 9, 2014
The law and theory of criminal justice
Defining crime can come from many different perspectives such as psychological, legalistic, sociological, and even political views. Crime is defined as according to (Multi- Media) the conduct in violation of the criminal laws of the state, federal, government, or local jurisdiction, for which there is no legally acceptable justification or excuse. Crime is an act proscribed by law and subject to punishment. It can also be an omission instead of an act, namely a failure to act where the law imposes a duty to that particular act (Dressler, 2002).
When it comes to defining some of the different perspectives of crimes that is when it becomes more interesting. The psychological vies is more of an individual’s way of being able to adapt to their environment and fitting in with other individuals to not feel like and outcast. The legalistic standpoint of crime is when a given behavior goes against laws that are already in existing. The sociological vies of crime is an anti-social form that needs to be repressed to maintain society. Therefore when it comes down to the political point of view many may feel as if this perspective is more of a social power rather than morality or danger.
When gathering information about the relationship to the laws it could become difficult. The reason being is because there are very many forms of law such as criminal law, civil law, family law, and many other forms of laws. But, in the instance the law this is being discussed is within the criminal justice system. The law of this system is to make sure that every individual s are getting equal treatment, but some feel as if the law is used to control the underclassman. The society determines that there are two main models which are the conflict model and the consensus model to the criminal justice system. Consensus model basically describes it as a human behavior that shows conflict to the society beliefs and values. The consensus also makes assumptions that particular ethnicities of citizen have similar morals. The conflict model on the other hand can generally state’s that the criminal law process is mainly determined by the social, economics, and the political group of the community. There are three main branches of the government are supposed to structure the criminal justice system. Thee legislatures branch is the fix sentencing, providing monies for all the agencies that works for the criminal justice system. One of those main agencies is called the police department. This branch which is the first branch defines what exactly could and shall be called a crime. The judiciary branch is the second branch which basically is the trial courts. This branch gives the thumbs up on being able to evaluate the legislative acts in terms of if those head individuals are conforming to the constitutions. The third branch is the top of them all which I would say should be the first branch of the government structure is called the executive branch. This branch consists of the major, the president, and the governor within the United States. These individuals in particular can appoint who they want to be in the judge’s chambers, the head of criminal department agencies, and also who they want to be as chiefs. To prevent crime form happening the world within itself have come up with certain components that they feel as if would work in best interest of the criminal justice system. According to (The Structure of Criminal Justice, 2014) the police department is one of the public agencies who try and maintain order, enforce the criminal law, and provide services to the community. The purpose of the court system component is to discover the truth of the criminal act that the defendant has committed or did not commit by the individuals that are chosen to be in the jury and by the individual that is seated in...
References: Dressler, J. (2002). Encyclopedia of Crime and Justice (2nd ed.). New York: Macillian Reference USA.
Schmalleger, F. (2011). Criminal Justice Today. A Introductory Text for the 21st Century (11th ed.). Boston, MA: Pearson Education.
The Structure of Criminal Justice. (2014). Retrieved from http://www.cliffnotes.com
CJI Interactive (Multi- Media) [Computer Software]. Retrieved from https://ecampus.phoenix.edu/secure/aapd/UC/CJ/index.html
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