Criminal Justice Rationale and Justification of the Rationale - Essay Example

Search and Seizure Background of the Study A lot of violent crimes have occurred all over the globe. There has been a review of the criminal justice system since a long time. There has been a need of creating a system that works. A lot of attacks are witnessed not only in the United States, but on almost every part of the planet. A perfect example is the demolition of the world’s business centre in America as well as the destruction of the pentagon. The net effect of some of this terrorist attack is the economic effect due to loss of jobs and also money. These crimes have led to an avalanche of crimes in the society. A lot of philosophies have underlined the act of punishment and the reality undermined by the fact the punishment offered to some of these serious offences has been unfair. A lot of emphasis has therefore been placed in the determination of an appropriate justice system in most countries. The elaborate source of criminal justice is mentioned and their applications observed. Ways in which crime is violated will be put in to perspective and overall legal sanctions be applied. Various objectives are defined which show an elaborate bases for damages which includes retribution, incapacitation, deterrence and rehabilitation. All of the arrested suspects do not proceed to the trial chamber. Instead, they are released mainly due to lack of evidence enough to convict these particular individuals. Introduction The etymology of search and seizure is derived from the rule of law. The concept developed is based on the rationale established by common law as well as the civil law. The procedure involves the authority in this regard referring to the policing departments attempt to evaluate a mystery based on some given facts of the occurrence of a criminal offence. The authority is aimed at trying and exonerating all the potential possibilities. A thorough search will follow and also the confiscation of all the relevant material evidence that support crime (Reid, 2011). Criminal justice rationale The idea behind the whole issue of justice and crime involves the process and practice of administration of the law and order. The end results are aimed at the overall reduction of the crime through an in depth sanctions and evaluative analysis and also prosecuting the offenders. The accused must face the rule of law and justice used on such circumstances should be rational. Goals are set to form the end results and findings observed due to the presence of an equitable justice system. There are some set rules and regulations that are followed. This is in line with the establishment of the best rationale behind past and earlier decided cases. This falls under the enforcement and the administration of justice as per the individual rules governing a particular country. The practice of criminal justice is rather a complex matter. It is based on a lot of finer details which when evaluation is not done clearly, one may get lose the mind. This is brought about by confusion (Samaha, 2005). The decisions made in criminal justice take a lot of dimensions which are to be evaluated based on an efficient rationale in the judge’s perception to a particular task in hand. The policy used in the research of criminal justice must tell how such a task is performed in the normal course of life. Changes in the Criminal Justice A lot of changes have been witnessed in the way the policies of criminal justice have been observed across the globe. There has been a need to increase the confidence of the criminal justice in the public domain through an elaborate crime prevention unit. This can only be achieved through fairness or equity as well as the marginalization and the crime relationship (Smartt, 2006). Structure of the Police System The strength of national democracy and the life expectations in a civilized manner are greatly influenced by the nature of the policing system at the discharge of duties. The ability of adherence to the policing principles has to be looked at comprehensively. This ensures that reforms are put in place to the achievement of the set objectives. The entire system of policing is not without challenges. There has been a lot or pressure from various controversial imposed on the police system. The police has been accused of the misuse of their own power to a point of exceeding their authority beyond the necessary thresh holds. Police have been using deadly forces as well as lack of observing a duty of care in the execution of their mandate. It has also been observed that not all police observe the laws yet they are expected to observe laws and expect them. There arises problem s in the course of policing. Police may arrest an influential individual like a politician. Ion the so doing they are executing their mandate. But the act of arresting such an individual may be highly criticized. The police may find that such strict enforcement and arrest is not tolerated (Reid, 2011). Saint Leo Core Values There is a lot of commitment at Saint Leo University. This is clearly significant in the excellence obtained by the relevant personnel involved in the whole institution. The evidence is observed all along as illustrated by the faculty members, staff and the student’s body as they involve themselves in the normal running of the institution. All the stakeholders concerned have portrayed a lot of honesty in all their dealings. The basis of integrity in the institution is very significant in the conduct of actions, values and principles expected of each particular individual. The whole element of integrity revolves around issues of honesty, accuracy and truthfulness of the behavior and actions of one. There are no instances of hypocrisy where integrity is present. There is a lot of adherence to ethical principles as well as moral uprightness. This means that there is a modicum of upholding a moral character. A good analysis of the integrity of the institution is incorporated in the mission statement. It is based on the accomplishment of the best objectives environment in the ever changing technology in the line of learning. The personnel involved as well as the surrounding members are supposed to observe a lot of values in the overall core values that are to be attained. Listening has been streamlined in a way that all individuals are to maintain a high level listening potential. It is only listening that individuals can understand each other. Listening helps to know the opinion of all other members can be attended to. Justification of the Rationale The general idea behind the rationale is to show that punishment must be delivered. This punishment is instituted in the form of theories which will show the extent to which they can apply. The application has to be based on the judge’s rationale. A number of ways can be used to issue these punishments. There is the idea of community sentencing. Community sentencing is applied where there is an involvement of the unpleasantness, offence to an offender which is against the authority (Smartt, 2006). Another important aspect is the concept of retributive justice. This is based on a notion that all those guilty individuals should be punished according to their wrong doing. Deterrence is another aspect of a standard rationale to be applied in criminal justice. It serves as a remedy which sees that problems of individuals are evaluated in a very harsh way. The assumption behind this matter is that the wrong doer will not be able to repeat the same mistakes. The damages awarded ought to be very punitive in nature for the wrong doer to repeat. Criminal justice may also be awarded to the wrong doer through a rehabilitation centre. This is where the offender is offered a climate of changing those particular behaviors that had resulted in to earlier crimes. A probation point is the rehabilitative way of offering a behavioral change. This involves a form of community sentence in the context of removing the offender from people in to such institutions as the prisons and or mental hospitals. The offender may also be confined in to a program of community care. Incapacitation is another theory which involves the identification of serious offenders. This involves the act of removing such individuals from the society in a considerable amount of time like say one year. An offender may at times be awarded a restorative justice approach. This is a situation where one is supposed to be returned back to the same initial position one was before the \actual occurrence of the offence. It is like the indemnification as in the case of insurance where the insured is put back in the same position as he was before the actual occurrence of the accident. There are elements involved in restorative justice and they include the victim-offender mediation, addressing of any behavior of future of the offender. Components of Criminal Justice Criminal justice is composed of some of the most important components. These are the legislative components for the law making, the adjudication of the courts system and the corrections. The policing is aimed at patrolling to prevent crimes. The policing are the control unit that mobilizes, prevents and investigates the actual occurrence of a criminal activity. All of the preliminary investigations are conducted and the type of the information that is gotten is recorded and described according to what the police have learned. Position on Criminal Justice The national criminal justice body can develop a strategy on a vision to increase public confidence. This will involve a situation where the concerned individual victims are accorded a high service in respect to the enforcement of law. Compliance will also be necessary so that sentences as well as the court orders issued will be adhered accordingly. There ought to be a system where all the individual victims concerned are offered an improvement centre. This aims at ensuring the availability of witnesses to the victims. The most serious offenders should be the one to be targeted. This goes a long way to reducing the number of culprits handled at each particular point in time. Those offenders should also be subjected to the appropriate law that is in compliance with the existing law and order. The local policing departments should be streamlined to include the best code off ethics in their duties. Quality personnel’s should also be employed in the respective departments. Those particular issues that matter to the locals should be addressed immediately and accordingly to reduce the idea of being held as culprits each and every time of operation. Further changes to the legislation commission should be established to ensure that all the necessary amendments are put in place and equity is highly maintained (Smartt, 2006). The church is an integral part in the life of a human individual. A lot of emphasis should be put on the way people relate to at the church level. There are serious doctrines which are taught in the church and each follower is aware of such irrespective of the religion. Social justice revolves around the concept of human justice. Income distribution will be based on fairness and equity. Property redistribution will also base on equal apportionment. The constitution of equal justice stipulates that criminal justice prevails in a universal way. This forms the core elements of peace in the human race. Conclusion There are some criticisms associated with the principle of social justice. These include the idea that justice is not based on any general standards. Some believers assume that the concept of justice is based on a mere fulfillment and trying to justify the current state of affairs. Other religious teachings argue that the concept of social justice advocates for assistance of the less fortunate and thus to be avoided. References Cole, G & Smith, C. (2006). The American System of Criminal Justice. New York: Cengage Learning Reid, S. (2011). Criminal Justice Essentials. New York: John Wiley & Sons Smartt, U. (2006). Criminal Justice. Sage Course Companions: Knowledge and Skills for Success. London: SAGE Samaha, J. (2005). Criminal Justice. New Jersey: Cengage Learning Read More