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Government and their roles in everyday
Historical background of criminal law
Historical background of criminal law
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In history, crimes have been dealt with by the justice system according to its severity as well as the offender: if the crime committed was not very serious and the offender was deemed “non-delinquent”, or “free of any real criminal disposition”, they would be cautioned or fined. However, were the crime a more serious one and the offender appeared to have a “criminal character”, they would receive more severe and more deterrent punishment (Garland, 2001: 42).
In more recent years, numbers of the UK prison population have been on the rise – less serious crimes have been more severely punished - whereas the number of financial penalties issued to offenders have been falling (Cavadino & Dignan, 2013). In 1975, approximately 40.000 people were imprisoned, that number has risen to 83.842 in 2013 (Berman & Dar, 2013). The prison population more than doubled in that time, whereas the overall population merely grew with 14% (World Bank, n.d.), thus, the relative growth of the prison population is significantly disproportional.
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In 2009, that number had declined to 71.9% (Sentencing Statistics, 2009). A probable cause for the increase in prison population and decline of the amount of fines issued could be the government’s increased strictness. Since the late ‘90s it has been their aim to be “tougher on crime, and tougher on the causes of crime”. Ever since, and particularly since the events of 9/11 and events such as the bombing of the London Underground in 2005, the British government has become increasingly punitive (Cavadino & Dignan,
The Canadian justice system, although much evolved, is having difficulty eliminating bias from the legal system. Abdurahman Ibrahim Hassan, a 39 year old man, died on June 11 in a Peterborough hospital, while under immigration detention. He came to Canada in 1993 as a refugee and was suffering from mental, and physical health issues such as diabetes and bipolar disorder. There was an overwhelming amount of secrecy surrounding the death of this troubled Toronto man, and to this day no light has been shed on this tragedy. (Keung, 2015) An analysis of the official version of the law will reveal how race class and gender coincide with the bias within the legal system.
Since the early 20th century, the Scottish penal system has gone through numerous transformations as the society changes and grows, including the important period where Scotland struggled to create it’s own identity, separate from the rest of the UK. These developments have been pivotal in regards to the modernization of the Scottish Criminal Justice system, which is often described as being made up of a complex set of processes and involves many different bodies . Over the past decade, the main problem at hand is that Scotland, a relatively small country in the scheme of things, has a serious problem with imprisonment , meaning that we have a higher imprisonment rate than nearly anywhere else in Western Europe. Recent research has shown that it sends over twice as many people to prison than the similarly sized countries within Europe , but in a debate on penal policy in 2007, the Cabinet Secretary for Justice Kenny MacAskill, stated that “the Government refuses to believe that the Scottish people are inherently bad or that there is any genetic reason why we should be locking up twice as many offenders as Ireland or Norway.” The aim of this essay will be to look at the recent changes within Scotland’s penal system, and whether this ‘imprisonment crisis’ has been the outcome of penal developments in the past.
The United States Judicial System is made up of several different courts, which includes the federal court system, the state court system, and the local court system. All three of those court systems handle different types of cases and have their internal structures and roles.
The major goal of the Australian prison at the beginning of the 20th century was the removal of lawbreakers from their activities in society (King, 2001). The Australian legal system relies on deterrence (Carl et al, 2011, p. 119), that is, a system that has two key assumptions: (i) specific punishments imposed on offenders will ‘deter’ or prevent them from committing further crimes (ii) the fear of punishment will prevent others from committing similar crimes (Carl et al, 2011, p. 119). However it is not always the case that deterrence is successful as people commit crime without concern for punishment, thinking that they will get away with the crime committed (Jacob, 2011). Economists argue that crime is a result of individuals making choices
This type of legislation has been devised to allow for the detention of people based upon assessments of risk of re-offending, this essay will explore the concerns with these practices. This essay further aims to explore the moral and practical implications of such sentencing provisions and the impact it has on the whole Justice System. The writer will also address the conflicting goals of Corrections and the purpose and impact of indefinite sentencing while exploring the justifications against such legislation. This essay also aims to show that even though we may feel disgust for these types of offences we must remember the fundamentals of the Criminal Law system and understand that people are entitled to equality and fairness in the eyes of the law.
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...
Today, half of state prisoners are serving time for nonviolent crimes. Over half of federal prisoners are serving time for drug crimes. Mass incarceration seems to be extremely expensive and a waste of money. It is believed to be a massive failure. Increased punishments and jailing have been declining in effectiveness for more than thirty years. Violent crime rates fell by more than fifty percent between 1991 and 2013, while property crime declined by forty-six percent, according to FBI statistics. Yet between 1990 and 2009, the prison population in the U.S. more than doubled, jumping from 771,243 to over 1.6 million (Nadia Prupis, 2015). While jailing may have at first had a positive result on the crime rate, it has reached a point of being less and less worth all the effort. Income growth and an aging population each had a greater effect on the decline in national crime rates than jailing. Mass incarceration and tough-on-crime policies have had huge social and money-related consequences--from its eighty billion dollars per-year price tag to its many societal costs, including an increased risk of recidivism due to barbarous conditions in prison and a lack of after-release reintegration opportunities. The government needs to rethink their strategy and their policies that are bad
There is a long and large evidence that prison itself makes criminals more likely to reoffend. The UK’s prison population increases by 3.6% each year. livings conditions in prison are not so good. Prisoners tend to get in fights with each other physically. Prisoners in the US or any other have to go through different changes and adopt new things in order to survive in the prison.The most sudden change that occurred in past few years is the overcrowding in prisons. There are certain consequences and rules to follow in person and if a prisoner breaks rule or a law they get a punishment for instance, a 25 years old college student who was recent sent to the prison complain about not being able to use his cell phone. He was pushimet for five days with no food or any other facility. In between the punishment he drank his own urine and wrote a farewell letter to his father and tried to commit suicide. When finally discovered, he was suffering from dehydration, kidney failure, 15 pounds weight loss and other mental illnesses. Living conditions in prison are worst than the person itself.. The government is spending billions of dollars on prison but what's Turley v. Rednour, #11-1491, 2013 U.S. App. Lexis 13571 (7th Cir.).
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
The criminal justice system views any crime as a crime committed against the state and places much emphasis on retribution and paying back to the community, through time, fines or community work. Historically punishment has been a very public affair, which was once a key aspect of the punishment process, through the use of the stocks, dunking chair, pillory, and hangman’s noose, although in today’s society punishment has become a lot more private (Newburn, 2007). However it has been argued that although the debt against the state has been paid, the victim of the crime has been left with no legal input to seek adequate retribution from the offender, leaving the victim perhaps feeling unsatisfied with the criminal justice process.
The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”.
Verkaik, R. (2006) The Big Question: What are the alternatives to prison, and do they work? The Independent [online] 10 October. Available from:
My sentence has been put into place as an individual punishment based upon my actions, yet there is so much more to it than that. Several perceptions towards how and why a criminal should be punished have been acknowledged over the years. Today, there are t...
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