There are many types of criminal justice used in the world. Each and every country uses different ones to maintain civilization while striving to create peace and balance within their society. The justice system is also used to create a social code of conduct in society and jurisdiction. Every country’s justice system attempts to achieve well-preserved system through punishment and deterrence by creating a notion that forces individuals to abide the law of their country. Nations used several distinctive methods of punishments to individuals that go against the social norms. Prison is a popular approach used to keep offenders to protect them from society. Sykes (1958), Goffman (1961) and Okunola (1986) state that prison is recognised as a
This system does not establish the truth but rather proofing cases ‘beyond reasonable doubt’ (Tim Newburn 2013). Likewise, the Nigerian system uses many different systems one of it being the adversarial system. Nigeria has many law systems including English common law, customary law, Islamic law and judicial precedents. Though adversarial is used in many parts of Nigeria Islamic court and customary courts uses the inquisitorial approach in their criminal procedure. With the inquisitorial approach, the judge works with the police to investigate the case to find out
This is due to the facts that their prisons are overcrowded as 40,000 inmates crammed into massively overcrowded, dilapidated cells in old prisons according to (Last, 2016). It was stated two third of all the prisoners in Nigeria have not been convicted which has led to the overcrowding and people carrying many airborne diseases. Prisons in Nigeria are congested due to imprisoning more than their designed capacity (Emeka E Obioha). Furthermore, Nigerian’s prisons do not have simple everyday needs. In 2005 US State Department wrote: "Prison officials, police, and security forces often denied inmates food and medical treatment as a form of punishment or to extort money from them." Simultaneously, Nigeria operates an astoundingly fragile democracy and rule of law hardly ever obtain in practice for the main people that should be maintaining the law amongst society. Numerous articles have been released discussing the critical problem of Nigeria and how it needs to be reformed in ever aspect to endorse human rights and provide the prisoner with basic necessary needs. The Nigerian Bar Association (2011) anticipated that around 77% of Nigeria’s prison population is composed of pre-trial detainees (Shahidullah,
In Western cultures imprisonment is the universal method of punishing criminals (Chapman 571). According to criminologists locking up criminals may not even be an effective form of punishment. First, the prison sentences do not serve as an example to deter future criminals, which is indicated, in the increased rates of criminal behavior over the years. Secondly, prisons may protect the average citizen from crimes but the violence is then diverted to prison workers and other inmates. Finally, inmates are locked together which impedes their rehabilitation and exposes them too more criminal
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...
Society has long since operated on a system of reward and punishment. That is, when good deeds are done or a person behaves in a desired way they SP are rewarded, or conversely punished when behaviour does not meet the societal norms. Those who defy these norms and commit crime are often punished by organized governmental justice systems through the use of penitentiaries, where prisoners carry out their sentences. The main goals of sentencing include deterrence, safety of the public, retribution, rehabilitation, punishment and respect for the law (Government of Canada, 2013). However, the type of justice system in place within a state or country greatly influences the aims and mandates of prisons and in turn targets different aspects of sentencing goals. Justice systems commonly focus on either rehabilitative or retributive measures.
There are too many people incarcerated in the United States of America. The U.S. imprisons 724 people per 100,000. In absolute numbers United States has more of its citizens behind bars then do China or Russia combined. (Gallagher 2008). There are about thousand U.S. citizens that become incarcerated in the prison system in any given week. Many of the prisons are so crowded that they have converted the gymnasium into a massive housing unit. These massive housing units hold hundreds of prisoners inside small gymnasiums. The bunk beds are stacked four or five high with every available space reserved for the bunk beds. Even though the prisons are over double capacity they have not added one extra toilet or shower at any of the facilities. Because of this many of the prisoners report tha...
Throughout history, it has become very clear that the tough on crime model just does not work. As stated by Drago & Galbiati et al. In their article: Prison Conditions and Recidivism, although it is...
In the United States, there are about 500 prisoners for every 100,000 residents. So, it is no surprise that our country has the highest incarceration rate in the world. In my opinion, this statistic would be lower if the prisons were tougher, making the prisoners scared to come back. The punishments used in our country’s prisons today are far more lenient than they used to be. In this paper, I will discuss what prison should be like, the goals of prison, and the differences between two American prison models (Pennsylvania and Auburn) and their benefits and drawbacks. This paper will also explain which model was more successful and why.
It is said that prison should be used for more serious crimes such as rape, assault, homicide and robbery (David, 2006). Because the U.S. Prison is used heavily for punishment and prevention of crime, correctional systems in the U.S. tend to be overcrowded (David, 2006). Even though prisons in the U.S. Are used for privies on of crime it doesn 't work. In a 2002 federal study, 67% of inmates that
Every civilization in history has had rules, and citizens who break them. To this day governments struggle to figure out the best way to deal with their criminals in ways that help both society and those that commit the crimes. Imprisonment has historically been the popular solution. However, there are many instances in which people are sent to prison that would be better served for community service, rehab, or some other form of punishment. Prison affects more than just the prisoner; the families, friends, employers, and communities of the incarcerated also pay a price. Prison as a punishment has its pros and cons; although it may be necessary for some, it can be harmful for those who would be better suited for alternative means of punishment.
Prison was designed to house and isolate criminals away from the society in order for our society and the people within it to function without the fears of the outlaws. The purpose of prison is to deter and prevent people from committing a crime using the ideas of incarceration by taking away freedom and liberty from those individuals committed of crimes. Prisons in America are run either by the federal, states or even private contractors. There are many challenges and issues that our correctional system is facing today due to the nature of prisons being the place to house various types of criminals. In this paper, I will address and identify three major issues that I believe our correctional system is facing today using my own ideas along with the researches from three reputable outside academic sources.
2nd ed. of the book. USA: Penguin Books, Ltd. [Accessed 01 January 2014]. The Prison Reform Trust.
Punishing the unlawful, undesirable and deviant members of society is an aspect of criminal justice that has experienced a variety of transformations throughout history. Although the concept of retribution has remained a constant (the idea that the law breaker must somehow pay his/her debt to society), the methods used to enforce and achieve that retribution has changed a great deal. The growth and development of society, along with an underlying, perpetual fear of crime, are heavily linked to the use of vastly different forms of punishment that have ranged from public executions, forced labor, penal welfare and popular punitivism over the course of only a few hundred years. Crime constructs us as a society whilst society, simultaneously determines what is criminal. Since society is always changing, how we see crime and criminal behavior is changing, thus the way in which we punish those criminal behaviors changes.
The Classical School of Criminology generally refers to the work of social contract and utilitarian philosophers Cesare Beccaria and Jeremy Bentham during the enlightenment in the 18th century. The contributions of these philosophers regarding punishment still influence modern corrections today. The Classical School of Criminology advocated for better methods of punishment and the reform of criminal behaviour. The belief was that for a criminal justice system to be effective, punishment must be certain, swift and in proportion to the crime committed. The focus was on the crime itself and not the individual criminal (Cullen & Wilcox, 2010). This essay will look at the key principles of the Classical School of Criminology, in particular
Incarceration has not always been the main form of “punishment” when it comes to doing an injustice to society. In fact, in the early 1600’s common forms of punishments for doing wrong in society included social rejection, corporal punishment, forced labor etc. (“Prison History.”). It had not been until the 18th century where it had been determined that incarceration could actually be a form of punishment correlating with a set amount of time in which an individual had to serve dependent on the severity of his actions. The logic behind incarceration is to restrict a person of his liberty as retribution for the crime he has committed (Prison History.”) Prisons that were created in the 18th century gained their recognition because of their high goals in perfecting society. But, the truth is as people were focusing on perfecting society prisons soon became overcrowded, dirty, and most of all dangerous. By the late 19th century many more people had become aware of the poor prison conditions which had led to a “reformatory” movement. The reformatory movement was put into place as a means of rehabilitation for inmates (“Prison History.”) Prisons would now offer programs to reform inmates into model citizens by offering counseling, education, and opportunities to gain skills needed for working in a civilian world. However, with the growing amount of inmates each year prisons are still becoming overcrowded. Because prisons are so overcrowded there are not enough resources being spent on achieving the rehabilitation of inmates and reintegrating them into society in order for them to survive in the civilian world once released from prison (“Prison History.”)
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.
The criminal Justice system include agencies such as law enforcement, courts, and prosecution and defense attorneys. Once a crime has been committed it goes through the law enforce first which includes the police officers that investigate the crimes. Then based on evidence they make an arrest and the case goes to court in front of a jury. In court the prosecution and defense attorneys argues to the right of the client and the state. Finally based on the evidence presented and testimonies the alleged criminal goes to prison for however many years deemed fit by a judge.