Over the past few decades the world has evolved and so has man kind. Humans have been existing on earth for a very long time. By a society we mean a place where many individuals live together. Society and people are dependent on each other and they cannot exist without the absence of the other. In a society there are many laws which are legal and as well as moral. These laws govern the people and they enforce required sanctions on people who violate any law in the society. By law we mean rules and regulations which the people are bound to follow and if they don’t then they will be punished. Law is one was by which order and peace is maintained in a society otherwise there would be absolute disturbance and chaos. In India before the British came religion was the only source of law, it was after their arrival when the law was codified in a proper manner. Our country got its independence in the year 1947 and the Constitution of India was adopted in the year 1950. Our Constitution is the ultimate and the supreme law of the land. There were also many legislations which were introduced by the British such as Transfer of Property Act, Indian Penal Code , Code of Criminal Procedure and many more, each of this Act applies to each and every citizen of India. The important purpose of criminal law is to safeguard civilization versus offenders and law-breaker. For this purpose the law holds out threats of penalty to forthcoming law-breakers as well as efforts to make the actual lawbreaker undergo the given penalty for the crimes done. Our law of criminal procedure is largely confined in the Code of Criminal Procedure 1973 which has come into force from 1st April 1974. It delivers the mechanism for the discovery of wrongdoing, apprehension ...
... middle of paper ...
...dentify that its main responsibility is not to chastise, but to entertain and transform the criminal and above all it would be evidently agreed that socialization is not indistinguishable with chastisement, for its includes deterrence, teaching, maintenance and reintegration within the agenda of communal defense. Thus, in the end we see that Rule of law controls the official of every structure of the state mechanism, comprising the agency answerable for leading prosecution and examination, which should restrain themselves within the four junctions of the law. Therefore, if a doctor handles his long-suffering individual as a human being and not as his customer or patron, he can release his responsibility more successfully. It operates to a lawyer, to a police officer and to any other occupation also.
Criminal law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order. Procedural matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system interact.
In this paper I’m going to discuss what is the 6th amendment right, the elements of ineffective counsel, how judges deem a person as ineffective counsel from an effective counsel, cases where defendants believed their counsel was ineffective and judges ruled them effective. I will also start by defining what is the 6th amendment right and stating the elements of an ineffective counsel. The 6th amendment is the accused shall enjoy the right to a speedy and public trial, by an impartial jury if the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause if the accusation; to be confronted with the witness against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense (U.S. Constitution). There were two elements to ineffective assistance of counsel: a defendant must prove that his or her trial attorney/ lawyer performance fell below an objective standard of reasonableness and a reasonable probability that, but for counsel’s unprofessional errors the results of the proceeding would have been different (Strickland v. Washington, 466 U.S. 668 1984).
The individuals within our society have allowed we the people to assess and measure the level of focus and implementation of our justice system to remedy the modern day crime which conflict with the very existence of our social order. Enlightening us to the devices that will further, establish the order of our society, resides in our ability to observe the Individual’s rights for public order.
laws is to keep the bad things out from the old society out such as
Since the beginning of American history, citizens who resided the country lacked the basic civil rights and liberties that humans deserved. Different races and ethnicities were treated unfairly. Voting rights were denied to anyone who was not a rich, white male. Women were harassed by their bosses and expected to take care of everything household related. Life was not all that pretty throughout America’s past, but thankfully overtime American citizens’ civil liberties and rights expanded – granting Americans true freedom.
All the laws, which concern with the administration of justice in cases where an individual has been accused of a crime, always begin with the initial investigation of the crime and end either with imposition of punishment or with the unconditional release of the person. Most of the time it is the duty of the members of constituted authorities to inflict the punishment. Thus it can be said that almost all of the punishments are an act of self-defense and an act of defending the community against different types of offences. According to Professor Hart “the ultimate justification of any punishment is not that it is deterrent but that it is the emphatic denunciation by the community of a crime” (Hart P.65). Whenever the punishments are inflicted having rationale and humane factor in mind and not motivated by our punitive passions and pleasures then it can be justified otherwise it is nothing but a brutal act of terrorism. Prison System: It has often been argued that the criminals and convicted prisoners are being set free while the law-abiding citizens are starving. Some people are strongly opposed the present prison and parole system and said that prisoners are not given any chance for parole. Prisons must provide the following results: Keep dangerous criminals off the street Create a deterrent for creating a crime The deterrent for creating a crime can be justified in the following four types Retribution: according to this type, the goal of prison is to give people, who commit a crime, what they deserved Deterrence: in this type of justification, the goal of punishment is to prevent certain type of conduct Reform: reform type describes that crime is a disease and so the goal of punishment is to heal people Incapacitation: the...
Criminal Law declares what conduct is illegal and proscribes a penalty. Although, we rely on our court system to administer justice, sometimes the innocent are convicted (Risinger). Most people would not be able to imagine a person who is convicted of a crime as innocent, sometimes that is the case. Imagine what a variance that is: an innocent criminal. In an article by Radley Balko he asks the question, “How many more are innocent?” In his article, he questions America’s 250th DNA exoneration and states that it raises questions about how often we send the wrong person to prison. The other issue that follows is the means of appealing the court’s decision and who they can turn to for help.
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
Secondly, the society is based on consensus which displays the matter of traditional aspects of crime. Thirdly, orthodox criminology is based on a historical traditional methodology. Fourthly, police and state organizations have been described as deterrence and rehabilitation through the court system. Fifthly, Orthodox criminology crime issue describes the focus that society is a problematic study which is focusing on the criminal himself of herself. Therefore, this displays a more narrow solution to the individual themselves instead of the society. “Finally, the last orthodox criminology is a distinctive behavior that described as law” (Lynch & Michalowski, p.65). “In the study of crime that it’s stated the orthodox criminology has the acknowledgement of general theories” (Lynch & Michalowski,
...ns constitute a structural network of supervision, in which individuals may not only be subjected to power, but also play a role in employing and exercising power. Moreover, individuals internalize such and act accordingly. As such, there has been a greater possibility for intervention in individuals’ lives, not only in terms of illegal actions but also crimes against abnormalities. The aim of contemporary discipline is the transformation of individuals into productive forces of society. The basic functioning of society rests on such. Ultimately, the nineteenth century penal regime- not limited to the judicial system- has been largely successful in exerting disciplinary power. Not only has disciplinary power dispersed outside the walls of prison, but moreover, members of society have remained unaware of its presence, as they conform to and participate in it.
The disapproval of unfair processes regarding the questioning of the accused persons is not a recent debate. For instance, the Latin legal maxim, nemo tenetur seipsum accusare, meaning, ‘no one is compelled to accuse or incriminate him or her’, was generated during the removal of the Stuarts from the British throne in 1688. Brennan J also quoted the same Latin phrase in Hammond v Commonwealth, stating that the phrase originated during the outcry for elimination of inquisitorial and obvious unjust means of questioning the accused persons. According to Scrutiny of Acts and Regulations Committee on The Right to Silence, Chapter 4, An Examination of the Issues: it is the accused’s right to answer questions or to remain silent, and this is
Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In the modern world, there are three choices in dealing with criminals’ namely criminal punishment, private action and executive control. Although both private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in exceptional situations. The second purpose of criminal law is to punish the offender. Punishing the offender is the most important purpose of criminal law since by doing so; it discourages him from committing crime again while making him or her pay for their crimes. Retribution does not mean inflicting physical punishment by incarceration only, but it also may include things like rehabilitation and financial retribution among other things. The last purpose of criminal law is to protect the community from criminals. Criminal law acts as the means through which the society protects itself from those who are harmful or dangerous to it. This is achieved through sentences meant to act as a way of deterring the offender from repeating the same crime in the future.
To have a system of justice, the society must have means of answering the beckoning of the populace. If a society does not attend to the offense of its own people, then it is not a true society. Society is based on the principle of a consensus, unanimously choosing their governing rules and laws. However, the limitations of a “justified complaint” are unclear depending on what the consensus agrees to. Though the one rule that must apply is the fact that a complaint must be made by a law abider to be a “justified complaint”.
Law is a tool in society as it helps to maintain social control, promoting social justice. The way law functions in society and its social institution provide a mechanism for solutions. There are many different theories of the function of law in relation to society in considering the insight they bring to different socio-legal and criminological problems. In the discussion of law’s role in social theory, Leon Petrażycki and Eugen Ehrlich share similar beliefs in the jurisprudence of society. They focused their work on the experience of individuals in establishing meaning in their legal relations with others based on the question of what it means to be a participant in law. Jürgen Habermas presents a relationship between law and morality. From a certain standpoint, law is a key steering mechanism in society as it plays an educational role in promoting conducts, a mean of communication and it
The world has evolved into a system which has a sophisticated set of laws encompassing our lives in this modern society. This set of laws is a significant part of our society which holds it together and aims at protecting it against any harm. Infringing this very system is termed as a crime. Across the world, with so many different legal systems of various countries, the laws also differ accordingly and the definition of crime is perceived through those set of laws, henceforth, different perceptions of crime are existing. Pakistani society, of which I am a part of, perceives crime to be something which detriments the social order, harmony and peace. It is a misfortune that this crime is being done at an alarmingly rate since a decade now. A more startling fact is that the ones who are committing this crime are the ones who are running the government which claims to protect the very set of laws they are violating. So, how can such a governing body deal with crimes they themselves are committing and prevent others from doing it to maintain the social order?