Crime and Due Process Criminal Justice System Analysis

Crime is an omission or act which violates laws that results to punishment of an individual. The specific omissions or acts that constitute a crime are determined by the governmental bodies from the area you live. At any given time you will most likely be subject to three sets of laws. Defined is the first set federal statute. Outlined by the state government where you live is the second set. The third set is laws enacted by local government. If conflict ever arises in local rule or state in federal law generally federal law will control.

The crime or offense level will usually be set from how sever the crime. Paying a fine to being incarceration can be the range of punishment. Law means a set of rules, regulations and principles by following which the society runs. Before you can be punished for the conduct most crimes require that you complete an affirmative act. Relationship between crime and law is without the strict enforcement of the law crime cannot be prevented. The two most common models on how society determines what acts are criminal are Due Process Model and Crime Control Model.

Due Process highlights rights of a group of people and an individual’s right. Courts, quality, formality and individualization are the important issues that ensure the respect of due process. Crime Control is the efficient maintenance for safety of a community. Police, quantity, informality, and standardization are considered important to be able to have crime control success. The criminal justice system is comprised of agencies at the state, federal, and local level. The legislature, the judiciary and the executive branches of the government all work together to prevent and handle crime.

The criminal justice system consists of three major parts. One is the police department, whose main responsibility is, provide services to citizens needs, enforce the laws, and maintain order. Police have the task of controlling and preventing crime in their jurisdiction area. Second is the courts where individuals accused of a crime are tried. This is done by a judge or a jury. The court has the responsibility to find the truth and determine the accused punishment. The third is corrections.

After an offender moves through the court system, which can end up being a lengthy process, the correction agency then moves to rehabilitate and punish and offender. This could include prison, halfway houses or jail. In addition to other sanctions such as tracking devices worn by the offender during the duration of his or her sentence, or be put under house arrest. There are four choice theories. The first one is rational choice. Rational theory says a choice to commit a criminal act by examining benefits, consequences, and options is made by the offender.

In addition, the offender is motivated with the purposeful decision of committing the crime with personal gain intended such as ego-boosting incentives of power, money, status or learning. In addition, the offender commits a criminal act by choice by examining his or her options, benefits, and consequences. The crime is planned by the offender by picking consciously the location, target, type of the crime, and the crimes is executed with knowing the act is wrong and otherwise choose to control. The next choice theory is Biological.

This theory is based on the idea that a person can be born as a criminal. It is believed that criminals are predisposed to commit a crime as the result of personal choice versus biological inferiority. The theory has a scientific and objective approach by researching physiological factors to understand crime and how it can contribute to criminality such as vitamin deficiencies, diet and brain functions, and hormonal imbalances. The third choice theory is Psychological. Meaning the offender’s mental illness or personality disorders is rooted by the causation of criminality.

Such illnesses as psychopathic personality, schizophrenia, neuroticism, antisocial personality disorder, bi-polar disorder, and depression. This could stem from results of parental criminology, biological or sociological factors as sexual or physical abuse, and intelligence level. The fourth choice theory is Sociological. The social structure of the offender’s environment is studied. Such as peer groups, family, subculture, socioeconomic status, and education level, that led to the individual’s criminality.

How the offender conforms to their environment, social learning, and product of their surroundings is the focus. The purposed concept is that criminality under the circumstances as exposure that is ongoing to strain including poverty, a break-down in family or moral values, social disorganization in a criminal culture, family or community-justified crime and stigmatization, is inevitable. The components of the Criminal Justice System are police, courts, and corrections. Police enforce laws, reduce and prevent crimes, investigate crimes, maintain public order, apprehend offenders, and ensure community safety.

In addition, they protect fundamental freedom and rights of individuals and provide emergency and related community services. Courts decide criminal cases, uphold laws, conduct fair and impartial trials, determining innocence or guilt, ensure due process, and impose sentence on guilty. In addition, provides check on exercise of power by the other justice system agencies, and protect rights and freedoms of any individual facing processing by the justice system. Corrections respect humane and legal rights of those convicted, protect community, carries out the sentences imposed by the court.

In addition, provide humane and safe custody and offender supervision, and reforms, rehabilitates and reintegrates offenders convicted back into community. There are five major goals of the Criminal Justice System. Deterrence which this goal seeks inhibits criminal behavior through the fear of punishment. There are two types, specific which occurs when a offender is caught, punished and decides not to commit any more crimes because he or she understands the consequences of the behavior and general which occurs when offender is caught and punished, with punishment being seen by others, so others do not commit crimes to avoid being punished.

Incapacitation goal is looking up dangerous individuals to remove from society and restricts ability to commit anymore crimes in the community by being incarcerated. Retribution goal is an ancient motive with religious connotations, which many people see it as one of the most important goals. This goal is traced back to the Code of Hannurabi’s notion of “Lex Tallionis” (“An Eye for An Eye”), meaning revenge on the perpetrator.

Retribution types include community service, victim compensation, and incarceration, pay fines to public agencies and public embarrassment or humiliation. Rehabilitation goal is simply attempting to reform the criminal offender by giving him or her emotional strength and skills needed to survive in society without violating any laws. Restoration goal is the attempt to make victim “whole again”. Criminal needs to repair the harm the crime done to the relationship between victim and offender and community and offender.

Offender needs to get right with victim, community at large, so this goal insists that criminal take actions needed to heal social wound. My thoughts are that a system is an established arrangement of components that function together according to a plan. Criminal Justice has three components that function together according to plan. I believe that it can be called a system. My reason for saying it can be looked at as a system is because a system functions together according to a plan and Criminal Justice also functions according to a plan.