Crime, Justice and the Rule of Law - Essay Example

Crime, Justice and the Rule of Law Inserts His/Her Inserts Grade Inserts 9 November Cesare Beccaria emphasized the severity in punishment should not be always ideal in a criminal justice system. The research focuses on the Beccaria’s crime control philosophy. The research includes the study of the benefits of Beccaria’s crime prevention theories. Crime prevention is better than crime punishment. Beccaria (65) stated “The best way to prevent this crime would be through efficacious laws that protect weakness against tyranny, that exaggerate those vices that cannot be concealed under a cloak of virtue”. Becarria emphasized that the severity of the punishment should always be ideal for the improvement the current criminal justice system. Beccaria emphasized that the government must harness all its scarce legal resources to fully work for the swift implementation of the corresponding punishment attached to each criminal act. The swift handing down of punishment is more important in the government’s drive to implement harsh punishment. In addition, Beccaria emphasized that prioritize the restriction of crimes, not the implementation of a severe punishment to curtail injustices. Warning the people of the immediate implementation of the corresponding punishment for each crime type will significantly contribute all persons from killing a neighbor. The punishment warning will impress on the people that the criminals will not escape the severe punishment of long arms of the law. The governments’ news stating that a person has been convicted and the corresponding punishment is implemented will surely deter most of the people from implementing their plans to violate any laws of the land. Further, Beccaria emphasized that all persons charged for a crime must be presumed innocent. The aggrieved party must present facts to the court. The court judge scrutinizes the evidences presented by both parties to support the court judge’s decision whether the person charged is guilty or innocent of the crime being charged. The accused party should not be given the burden to prove the accused party’s innocence. In the absence of any eye witness, document and other evidences, the accused party should be given a not guilty beyond reasonable doubt verdict. The accuser shall have the single burden to prove to the court that the accused person is guilty. The accused person has to right to refute all evidences and statements of the accuser by presenting evidences proving the innocence of the accused. Furthermore, Beccaria (12) the criminal justice must prioritize instituting the different punishments for the each crime before the crime is committed. Becarria stated “A punishment that exceeds the limit fixed by the laws is a just punishment to which another punishment has been added; the magistrate cannot… increase the punishment established for a delinquent citizen”. The codification of the minimum and maximum sentences will precipitate to fairness in the criminal justice system. The judge must eliminate bias in the imposition of the penalties and fines for each crime committed. Specifically, the codification of the corresponding punishments for each crime committed ensures that both the rich and poor are given the same punishment for similar criminal acts committed. The codification of the corresponding punishments assures the people of different races that the same prison terms will be implemented on the African Americans, Chinese, Japanese, Koreans, as well as the Asian American convicts. The government should reduce harsh punishments to the level of deterrence (Beccaria 84). The type and degree of harshness of the punishment must focus on impressing on the minds of the citizens that their illegal acts will be punished. The government’s message must focus on creating fear in the citizen’s minds that they will surely suffer for any law violations. The people will be careful to obey the law in order to avoid punishment. The government must ensure that punishment is swift. The government and the aggrieved party have the right to punish the guilty swiftly (Beccaria 11). The government should not let the court case took unnecessarily longer than the time needed to make the wheels of justice rolling in a speedy manner. The aggrieved party wants the court to immediately decide on the merits of the cases filed. The victims prefer the quick verdict on each charge being brought against the suspect. There is a popular saying that goes “Justice delayed is often seen as justice denied”. However, the speed of justice must not sacrifice the right of the accused to be heard in the courts of law. The accused must be given ample time to present evidences in the courts of law to prove the accused person’s innocence. In the same light the accused person must be given the right to prove to the court judge enough evidences for change of crime charge. For example, the suspect must given the constitutional right to show evidence that the charges should be changed from murder to a lesser crime of homicide. The government’s criminal justice system must focus the least attention or priority on the severity of the punishment. The government advertisements and legal reports must focus on warning the people that any act that violates the laws of the land will not go unpunished. The government must implement the death penalty if the law requires such punishment. The government must not impose the death penalty on a person found guilty of a misdemeanor crime. Beccaria (49) emphasized that the government’s major focus is to prevent crime, not punish the guilty. Under this policy, the impression is given to the public that the government enjoys the implementation of the punishment. The punishment could be being behind bars for 5, 10, 15, 20, 25, or even for a lifetime. The punishment could be to pay the murder victim’s family more than the amount necessary to recompense for the victims death. The punishment must not result to the imposition of a huge fine on a petty thief because the victim is a relative of the court judge. Beccaria (38) stated after prioritizing the prevention of future crimes, the government can now focus on determining the type and degree of punishment needed to prevent a repeat of the crime by the guilty person as well as other persons in the future. For example, the government must implement harsher punishment for the heinous crimes. The government must implement harsh punishment for illegal drug sellers. However, the government must implement minor (not harsh) punishments on persons committing minor offenses. After focusing on crime prevention activities, the government should focus on implementing harsh punishment for harsh crimes. Beccaria (50) insists “the atrocity of the punishment itself… makes him (person with criminal intent) bolder to avoid punishment”. For example, the government must implement the codified punishment for murder. The government must also implement lesser punishment on person committing lesser crime times. The government should not implement the death penalty on the thief for stealing $100. On the other hand, the government should not implement the jail term punishment corresponding to a crime of theft to a person who is guilty of murder because the judge was paid by the accused to give a lighter punishment. The government must not impose the penalty corresponding to the first degree sexual assault on a person found guilty of fourth degree sexual assault because the victim is the cousin of the judge. Beccaria (85) proposes the government should focus on crime prevention by ensuring all corresponding punishment degrees, types, and processes are speedily put into motion. The judge must not hand down a not guilty verdict on the suspect because the suspect is the college classmate of the judge; this is plain injustice. The judge should not implement punishments associated with homicide for the person who should be given a guilty for murder verdict because the accused is a neighbor of the judge. The judge should not dismiss a case of rape because the rape victim scorned the sexual advances of the judge two months before the rape incident. Based on the above discussion, Beccaria theorized the severity in punishment should not be always ideal in the United States’ current criminal justice system. The Beccaria crime control philosophy will better ensure the decline in the United States’ crime statistics when compared to the punishment-based criminal justice system theory. The Beccaria crime prevention philosophy warns the people that all crimes will be swiftly punished. Indeed, Beccaria is right in proposing that the criminal justice system crime should prioritize crime prevention over crime punishment for it significantly contributes to crime statistics reduction. Works Cited Beccaria, Cesare. On Crimes and Punishments and Other Writings. New York: University Press, 2009. Read More