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The amendment is also not clear on what is cruel and unnecessary and courts previous application of the punishment justifies its constitutionality (Mandery 153).
Inability of the America’s criminal justice system to ensure effective deterrence in its judgments and implementation of the judgments explains the high rates of crime and incarcerations that the nation reports. Legal provisions for freedoms, based on the nation’s democratic system, are a barrier to ideas sentences that could deter reoccurrence. Based on the freedom, the criminal justice faces challenges of proving cases and this leads to lesser sentences that could motivate engagement in crimes and increase number of incarcerations and rights of accused cause this.
The American criminal justice system cannot concurrently provide to criminal justice, victims, and the society. Its focus on individual’s rights, which in most cases contravene rights of victims and the society’s morality, is the reason. The system particularly assumes that a suspect is innocent until proven guilty and this could offer threat to victims who remain vulnerable to the suspect until guilt is proved. Consequently, the system is biased to protecting criminal defendants that victims and the society (Yates
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The main assertion by advocates of the death penalty is that it helps to deter prospective crimes. Another assertion is for exercise of justice. However, even the opponents deem that there is injustice in imposing capital punishment. There is much controversy since opponents indicate that death penalty does not produce deterrence in reality.
AUSTRALIAN CRIMINAL JUSTICE. Why do we need a criminal justice system? (name) (school) Why do we need a criminal justice system? Introduction There are various crimes which are plaguing our society. Since the days of the Roman and Greek empires, crimes have been a major part of normal and traditional society.
The United State criminal justice system is one of the most complicated owing to its wide scope of operation. The complicated nature of the U.S criminal justice system is largely due to the large fragmentation in the structures and processes that exist within the federal, states and county jurisdictions.
Capital punishment is also referred to as the death penalty. It is a judicial decree that requires capital offenders be sentenced to death (Goldman and Ann, 321). It is normally done in diverse ways, which include hanging, lethal injection, electrocuting, gas chamber suffocation, electric chair or shooting among others.
Until modern times, the justice system can be said to have been particularly cruel to the offenders by denying them their rights.
One of the greatest challenges facing the criminal justice system today is to strike appropriate balance between the rights of victims and those of offenders.
The country of India has been greatly influenced by other countries such as: Portugal, Netherlands, France, and the United Kingdom. These countries colonized various parts of India after the sixteenth century.
Consequently, these crimes are referred to as capital offenses. Thus, capital crimes result in capital punishment. Consequently, capital punishment may be implemented through various methods. Some of these methods include:
The retribution theory explains that similar offenses should have similar charges. The analogy of retaliation features in the principle. Aspects of revenge are relevant to the principle because individuals may attack their
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