Dale and Mike Parak's Case - Assignment Example

DALE AND MIKE PARAK’S CASE 15 February DALE AND MIKE PARAK’S CASE Definition of criminal justice Justice refers to aspect of fairness and rationale in making decisions. The legal aspect of justice defines the property of fairness and lack of bias in judicial processes. Justice is therefore achieved if the involved parties in a litigation are accorded time to present their cases before an informed judgment is delivered. The definition of justice also ensures that the judge is impartial (Cricket, n.d.).

In criminal cases, justice is defined as a system of measures and institutions that are created by the government for implementing laws. It therefore serves the purpose of ensuring that the objectives of legislations are met. Samaha defines justice as a system through which legal wrongs are controlled in an open and fair manner and informed decisions are made in legal processes. (Samaha, 2005). From this perspective, justice is a system that, through well-established structures and professional personnel, ensures that crimes are regulated in a fair manner (Samaha, 2005). Q. 2 Was the sentence just?

Why or why notThe sentence was just. This is because determination of justice in the case is achieved from the definition and motive of justice and the circumstances surrounding the case. In the case, Dale shot his brother, Mike. This followed an agreement between the two parties that they were to poison themselves but Mike did not take the agreed upon substance. The police was called and investigation carried out. Consequently, a prosecutor picked the case, leading to the trial.The process that followed the murder of Mike falls within the definition of justice.

There was involvement of an organized system, the police that carried out investigation of the murder. After the police, the prosecutor was involved and the final judgment pronounced by a court judge. The defendant was accorded a hearing in which he pleaded guilty. The process also satisfies the theme of controlling crime through setting examples to deter people from committing similar crimes. The sentence was therefore just because it satisfies the definition of justice, procedure, structure, and theme (Siegel, 2009), (Samaha, 2005).3. Charging DaleThe decision to charge Dale would be based on the definition of his action as a crime and the procedure that followed his actions.

Having committed a homicide and pleaded guilty for the same, the justice system is obliged to ensure that a prosecution is initiated against the suspect. The investigations by the police that provided sufficient evidence also established credible ground for successful prosecution. It would therefore be logical to prosecute Dale because his crime is well defined and the initial criminal procedures found sufficient evidence for conviction. The prosecution will therefore be necessary and successful (Carmen, 2009).4. Sentencing DaleDale should have been handed a more severe penalty.

This is because his action to murder his brother was based on intent. Further, there is no reason to reduce his penalty because intentional intoxication is not a justifiable defense for murder. In the case of State v. Hall, it was held that when intentionally intoxicated, the defendant’s state at the time of the crime could not be considered for a defense. Though Dale was under influence of tranquilizers, the consumption was intentional because he, together with his brother, had planned the consumption.

A more severe penalty was therefore necessary (Samaha, 2005).ReferenceCarmen, R. (2009). Law and practice. Belmont, CA: Cengage LearningSamaha, J. (2005). Criminal justice. Belmont, CA: Cengage LearningSiegel, L. (2009). Introduction to criminal justice. Belmont, CA: Cengage LearningCricket. (n.d.). Principles of natural justice. Retrieved from: http://www.cricketeurope2.net/docs/ECC/TSOP2010/ANNEXURES/C110.pdf