Most of the crimes committed have adverse effects either on an individual e.g. murder or the state. As any wrong doing is treated, the committing of a crime is always expected to be followed by a punishment. …
Download file to see previous pages...
The main mandate of the justice system is to investigate, make arrests, gather evidence, bring charges forward, conduct trials, render a sentence and carry out a punishment. The judicial system is therefore trusted to make the right judgments and to give punishments only to those who deserve it in proportion to the nature of the crimes they have committed. They are not expected to make mistakes because they are supposed to conduct a sufficient investigation and gather enough evidence before they can convict a criminal (Gilligan 47). It is a pity however how many people are serving sentences for crimes they have never committed. Innocent people are languishing in jails in many parts of the world just because somebody failed to do their duty properly. The death penalty information Centre estimates that about 1200 people executed since 1976 in the United States may have been innocent. Another group of people are those that are exonerated after further evidence of their innocence comes up. A good example is the case of Willingham Cameron who was charged with the murder of his three children by arson. After his execution, a new report from a national arson expert concluded that the original investigation to the case was seriously flawed and could not support a finding of arson. The question is how many people cannot defend themselves or prove their innocence yet they really are innocent? (Garrett 69) I mainly attribute these cases where the guilty walk scot free while innocent people are punished to sheer negligence. As the people bestowed with the mandate to investigate and punish wrong doers, the justice system should be very good at what they do. They should know how to seek evidence and at the same time how to classify it. They should also know that not all sources of evidence are reliable, like a person’s testimony, and they should therefore seek to verify evidence. It is a common phenomenon of the police to intentionally or accidentally feed details of crime to suspects. There are even cases where the police indicate which suspects in a line up during an identification parade should be selected by using suggestive methods hence contaminating eyewitness’s identification. This is pure negligence, because they are of course trained on how to carry out investigations, why do they do otherwise? I also attribute the rampant increase of punishing the innocent to greed and corruption (Gilligan 76). There are cases where the police are paid to plant evidence on an innocent person and convict him/ her. There are also cases where the police are paid by criminals in order to get rid of the evidence against them. They of course blame their actions on their poor pay but it doesn’t justify what they do. The justice system that was once trusted to offer justice is now criticized and looked down upon by many. The question is what exactly went wrong with our judicial system. Jeffrey Rosen in his article the wrongful convictions as a way of life also seem to ask the same question. He writes of instances where the appellate judges termed the evidence of the innocent people’s guilt as overwhelming and also instances where the Supreme Court dismisses request to review cases without even giving reasons for their decisions. Brandon L.Garrett, in his book convicting the innocent also points out how the courts have in many instances failed to take their time to properly consider the evidence of innocence of the suspects before
...Download file to see next pagesRead More
Besides insisting on the criminality of white-collar offenses, Sutherland (1945.) also maintained that the differential application of the law to conventional and white-collar crimes "blurred and concealed" the criminality of the white-collar offenses. By inventing special administrative agencies and commissions to handle white-collar crimes, rather than using the criminal courts, the stigma of crime is minimized.
Punishment is a penalty given by the court to the person who commits a crime. When a punishment is given to a criminal, the criminal thinks twice before committing the crime again once he/she comes out of jail. I personally believe that punishment is a very effective tool for reducing the number of crimes in any specific part of the world.
The constitution sets out the principles that necessitate the creation of a police force to ensure that the constitution is upheld. Accordingly, the constitution goes ahead to stipulate the expectations of the police (Newburn, 2003, p.120). Being that the police force receives guidance from the provisions of the constitution it, therefore, follows that the police should uphold the constitution.
Similarly, there are many social scientists, theologians and legal experts who hold that capital punishment is morally wrong and therefore it should either be abolished or replaced with more humane criminal penalties. However, the growing rates of homicides and serious offences prompt one to think in favor of death penalty.
Society evolves over the time to change the rules as evident in the laws for contemporary society and ancient generation. The literature review of the story of the Genesis Flood and Gilgamesh reflects on the insight of authors about God's wrath with respect to commitment of crime from humankind.
The company has product divisions in Western Europe and North America. The restructuring also affected the 33,000 workforce, half of which has shifted to its overseas offices: ¾ to Europe and the rest to
deterrent measure is needed to combat the increasing rate of crime within and outside the social fabric of American society, it has become imperative to address this issue urgently so as to tackle and help eradicate the problem from the root.
The concept of punishment has
Up to this point the death penalty had been prevalent for severe crimes; however it was no longer effective at keeping crime rates down. Crime was rampant throughout the cities, and officials were looking for