Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Is the justice system fair
The punishment fits the crime
Us justice system fair and equitable
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Is the justice system fair
It is insulting to the victims and families of victims of serious crimes that the justice system fails to make sure that criminals pay the price for the devastation that they cause. For example, Johannes Mehserl only served 2 years in prison for the killing of innocent member of public, Oscar Grant. At the same time, there are examples of 5 years prison sentences for the possession of marijuana. This is enormously unfair, as someone who can take the life of another human being should receive a far harsher punishment than someone whose crime only effects themselves.
In today’s society, the level of punishment for crimes are decided and applied by the laws of every country. However, in recent years there has been an increasing sense that the punishments applied are imbalanced and do not always prevent people from repeating their crimes.
There are many reasons why society chooses to punish people who break the law. For example, they deserved to be punished; it will stop them from committing more crimes; it tells the victim that society feels they have been badly treated; it stops others from committing the same crime and it protects society from those who are seen to be dangerous. When sentencing, judges consider each of these points, but they can vary the sentences they give out.
Before the creation of constitutional governments in most of Western Europe in the 18th and 19th century, punishments for law breaking were random and dependant on the wishes of royalty or local dignitaries who had the authority to decide on punishment levels. There were no set guidelines for punishments and capital punishment was available for everything from murder to minor theft.
Today’s justice system is unclear and imbalanced for a number of reasons. ...
... middle of paper ...
...o increase sentences for those people who are found to commit the worst of crimes. Serial killers, Ian Brady, Rose West and Peter Tobin will all die in prison because of the terrible crimes they committed. If punishment was automatic, they may now have served their sentence and would be out of prison.
In conclusion, while I accept the need for flexibility in the justice system to take account of circumstances, such as the motivation of the person in question, I believe that the justice system today is not working. There are too many examples of crimes that are not properly punished, while at the same time, we continue to see prisons filling up with petty criminals who would be better punished by carrying out services to the community. If the basic purpose of the justice system is to ensure that the punishment fits the crime, then substantial changes need to be made.
The assumption that all three-time offenders are incorrigible criminals is an oversimplification of a more complex problem. Three-strikes is based on this assumption that a few extreme cases are representative of all criminals. Mimi Silbert points...
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
The collateral consequences of criminal convictions rather than the direct result are known as “invisible punishments”. In his article “Invisible Punishment”, Travis discusses the unintended consequences that punishes an individual beyond the formal sentence. Criminals are not only punished once for their crimes, they are punished twice, and these invisible punishments follow them throughout their lifetime. Travis explains that these punishments are a form of “Social exclusion”, not purposely designed but merely due to operation of law.
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.
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...
The death penalty, as administered by states based on their individual laws, is considered capital punishment, the purpose of which is to penalize criminals convicted of murder or other heinous crimes (Fabian). The death penalty issue has been the focus of much controversy in recent years, even though capital punishment has been a part of our country's history since the beginning. Crimes in colonial times, such as murder and theft of livestock were dealt with swiftly and decisively ("The Death Penalty..."). Criminals were hanged shortly after their trial, in public executions. This practice was then considered just punishment for those crimes. Recently though, the focus of the death penalty debate has been on moral and legal issues. The murderers of today's society can be assured of a much longer life even after conviction, with the constraints of the appeals process slowing the implementation of their death sentence. In most cases, the appeal process lasts several years, during which time criminals enjoy comfortable lives. They have television, gym facilities, and the leisure time to attend free college-level classes that most American citizens must struggle to afford. Foremost, these murderers have the luxury of time, something their victims ran out of the moment their paths crossed. It is time this country realized the only true justice for these criminals is in the form of the death penalty. The death penalty should be administered for particularly heinous crimes.
Today our world is filled with crime. The people committing these crimes must have a consequence for their illegal actions. The system in place to keeping everything fair and safe is called the criminal justice system. This was put in place to ensure there is fairness and justice served to people who break the laws set up by the government.
Offenders given mandatory life in prison on charges of murder, on average only serve 16 years before being released back into society. One in three of these killers carries out a second murder even under the supervision of the probation officer.1 If we allow murderers to spend life in prison we run the chance of them getting out and killing again. Capital punishment can also deter future perpetrators from committing such a heinous crime, and it will end the prisoner’s suffering by giving them a humane death and give closure to the victim’s family. Without a concrete meaning of “life in prison” we need the death penalty to put an end to the most evil of people.
During the 1970s, the top argument in favor of the death penalty was general deterrence. This argument suggests that we must punish offenders to discourage others from committing similar offenses; we punish past offenders to send a message to potential offenders. In a broad sense, the deterrent effect of punishment is thought to b...
By viewing the justice system from an equal justice perspective, truth in sentencing does not account for the criminal offender’s motives for breaking the law. A judge may believe it is morally right to lessen the punishment of an offender, who had good intentions for committing the crime. An individual may be placed in a circumstantially difficult situation, which could force them to commit a crime. Unfortunately for those individuals, truth in sentencing in the equal justice perspective does not allow for the judge’s discretion in that case. Therefore, if two people commit the same crime, yet one had negative intentions, he or she would face the same punishment as someone who did not have these intentions. A judge loses this power consider motive because all criminals of the same crime are viewed as equal. By restricting a judge’s discretion, it creates injustice within the courts. Actions are based on their motives and a judge should have the ability to consider it when making a decision that can greatly impact another individual’s life. Therefore, truth in sentencing and the equal justice perspective need the discretion of a judge to justly establish a fair sentence that accounts for all aspects of the individual and their
Americans believe that the more serious a crime is, the longer a person should spend in a prison. In reality it means that a law at discretion can sometimes just set a number of years that a person should spend in the jail, regardless of the situation. The time in the prison is often very long (Randall, Brown, Miller& Fritzler, p.216) because some states have definite sentence or mandatory sentences which leave little room for the judge to decide on the merits of the person. For example, California favors “Three Strikes and You’re Out”(Randall & et al., p.216) stance on the laws which means after third felony crime, a person must spend 25-year-to-life sentence in the prison. They believe that the deprivations of basic needs, isolation from the society, and in extreme cases, death are consequences of committing a crime.
Provide the justifications for punishment in modern society. Punishment functions as a form of social control and is geared towards “imposing some unwanted burden such as fines, probations, imprisonment, or even death” on a convicted person in return for the crimes they committed (Stohr, Walsh, & Hemmens, 2013, p.6). There are four main justifications for punishment and they are: retribution, deterrence, rehabilitation, and incapacitation. There is also said to be a fifth justification of reintegration as well.
Offenders are protected today by both the rule of law, ensuring that all offenders are treated equally, regardless of their age, sex or position in the community, and due process, which ensures that all offenders are given a fair trial with the opportunity to defend themselves and be heard (Williams, 2012). Beccaria’s emphasis on punishment being humane and non-violent has also carried through to modern day corrections. It is still the case today that offenders must only receive punishment that is proportionate to the crime they have committed and the punishment is determined by the law. The power of the judges and the magistrates to make decisions on punishment is guided by the legislation and they do not have the power to change the law (Ferrajoli,
The present system of justice in this country is too slow and far too lenient. Too often the punishment given to criminal offenders does not fit the crime committed. It is time to stop dragging out justice and sentencing and dragging our feet in dispensing quick and just due. All punishment should be administered in public. It is time to revert back to the "court square hanging" style of justice. This justice would lessen crime because it would prove to criminals that harsh justice would be administered.
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.