introduction to criminal justice

    Introduction

    Multiculturalism and Diversity in Criminal Justice is a scenario where there is incorporation of different races, religions, and genders. It is important to have such a set of system since it provides a wide coverage of the people in the society. Having a multicultural society can be beneficial to the society for several reasons. To start with, justice is made to be purer; the meaning of this is that since all the communities are included in this system, the society is likely to treat each other in fairness. The fact that there is mix of different people in the society means that judgment in crime will be passed after considering the cultural relations of the suspects culture, since to some cultures some things may not illegal or bad. Equity is likely to prevail in the society as the judicial system is likely to discus the beliefs of different communities living in the society. Understanding is enhanced through having diversity in the criminal justice system. The fact that people have different experiences due to cultural background they have had in their lives means that they can solve the problems in the society that may be affecting them (Mills, 2009). Due to exposure of different ideas and beliefs, the society every one in the society is likely to become multicultural. By the fact that the attorneys and gets to mix up with different people in their education and through practice of law they gain a cultural outlook.

    The classical school theory came about due to the desire of the people to learn what causes death among people. The theory finds is based on the enlightenment of people in Europe, which was caused by science. The main tenet of this theory is that people have the free will to do what is right and what is wrong. One of the strength is that the theory preaches of fairness when administering justice, punishment is exerted to those people who commit crime as a way of deterring them from such involvements. Another strength that is exhibit by the classical theory is that punishment is used to deter people and not a way of oppressing people. In addition, people get the chance to avoid it as they only endure punishment due to their wrong acts. The spirit of equity is also promoted by this theory. The fact that each one is subjected to the same rules means that favor, which brings conflict in the society is avoided. However, the theory also has a weakness, as it is problematic to determine whether a certain punishment that is exerted to an evil doer is sufficient or not. There is no scale of determining the intensity of a crime to determine the punishment that suites it. The classical school theory can be considered as one of the most considerate theories (Schmalleger, 2011). The reasoning behind this is due to the fact that everyone is given a chance to chose the destiny for himself, whether to sin or not, and the repercussions for the same are known.

    The benefits on police officers are both individual and communal. They offer communal benefit in the sense that they offer security needed in our societies and also maintain law and order. Police force as a profession is satisfying for people who like experiencing the unexpected every day. Officers also get paid vacations and there is also provision of uniforms and weapons, however, there are dangers that come with this profession. To start with, the pay of the police officers is not desirable. Compared to the work that is done by the police officer, the pay is usually low. There is also the responsibly that comes with the profession, the fact that at times they are called upon to take the life of another human being is hard to some of them, and leads them to having stress. Further, the profession also comes with a lot of stress when handling other people’s problem. It is also not easy to see people die or hurt themselves. Management and command are two reasons that cause the negative altitude that people have on police profession. The fact that police cover up some of the mistakes they do is seen by people as a reason not to take responsibility. There is also the fact that police officers do not like to be told what to do. The actions of the police offices have everything to do with how they are viewed by the public (Wagoner, 2009). The public in the past used to view police officers as brutal individuals who at times acted inhuman. However, in the recent past this perception has changed as police officers have become friendly. My view about the officers has been changed from being negative to a positive one as on many occasions, I have seen policemen acting in a human manner.

    Entrapment is caused by induction of a person by a law-enforcing officer to cause the person to be involved in crime, which he would not have done in case he was not induced. The case of Jackson vs. United States is an example of such a scenario where the defendant was acquainted the crime of being involved in child pornography materials. Through this ruling, it was highlighted that as long as you do not have the property you are being charged to deal in your possession, entrapment can be used as a defense. Also evident in this case is the fact that for a case to be considered of entrapment there must be prove that one did not have the intention of having the property in ones possession. The ruling was fair judgment since some people might use some illegal property to frame other people in a bid to put them in jail. The ruling of this case rules that out as one must prove that someone had the intentions of acquiring the property, and he or she has had it as part of the proof of possession. The ruling was also a wake up call for the lawmakers to make laws that do not cause assault to civil liberties.

    A bill of right is a list of rights available to the citizens of a given country. The main aim of having this document is to ensure that the rights that are entitled to the people are protected. A bill of rights is usually not subject to changes by the legislature and any changes that need to be incorporated in it are done through a referendum where all the people in a country are incorporated. Another feature it contains is that it forms part of the constitution so changing it requires the same procedures used in changing the constitutions. The aim of older constitutions is protecting the public against negative rights. However, the recent years have seen the recent constitutions highlighting that it is not of importance to observe these rights if the people are starving or are in lack of important needs. United States bill of rights is a collective term that is used to describe ten amendments that are contained in the constitution. The bill of rights limits the powers that the federal government and grants the rights to the general public. The rights that are available to the people include the following: rights to keep and bear arms, freedom of religion, free press, and also freedom of speech. Also among the provision of the bill of rights is the fact that each and everyone is entitled to a fair trial which includes an impartial jury and against double jeopardy (Cuizon, 2009). Though there are twelve proposed to the states, only ten of them were ratified during the 18th century ratification.

    The right of speech in one of the rights contained in the bill of rights that grants the rights of people in United States. The right among others like the right of religion press and assembly are the first ones on the list of the ten amendments. The language used to describe this right is that “congress shall not make a law that a bridge the freedom of speech”. In some cases, the right of speech may not be freely used. For example someone may be denied this righty if he uses it to speak on obscenity in public. Also derived from the case law of Dennis vs. United States it was decided that Dennis was not granted the right of speech under the first amendment since he was aimed at overthrowing the government. The meaning of this is that this right may be withdrawn if it is used to spread evil, since the times when the United States acquired independence there has been continually people who are fighting for this right, whenever the state has tried to deprive it. In future, the right is likely to lack any limitation as people are continually fighting for this freedom.

    The decision on Leon case was correct. The exception of the exclusion rule is right in some cases especially the ones that are criminal offences in nature. The decision is what I would consider the end justifying the means. By this, I mean it does not matter how the evidence was acquired so long it is there to incriminate a criminal act, it should be used to ensure criminals do not go scot-free. For whom will it be benefiting if the public cannot be kept safe from criminals who are out to destroy their lives? The ruling sent a precedent that would cause a scare to criminals who may take the benefit offered by a decisional of the court not to incriminate criminals whose evidence was acquire illegally. More problems would have been caused if the ruling would be otherwise as people would do wrongs and use the rule as a difference from any trials that may rise from that.

    The difference between jail and prison is that the inmates in prison have been tried and convicted while the ones in jail are awaiting trial. The introduction of private prisons is brought about by the fact that there has been an increase of inmates in the last few decades and the fact that there has been introduction of a free market in the prison system. One of the advantages of having private prison is that it is cost saving. Private companies are able to earn these institutions at a lower cost than they are being run with and that save the movement a lot money. Efficiency in the prison system can be upgraded due to having private firms running them as they aim at making profits. The disadvantages that come with having private prisons include the following. For one, transparency previously enjoyed in public prison is going to be in the declined. The meaning of this that violation of contractual obligation may arise and go unnoticed. In addition, some responsibilities of the government are better done by the government (Zito, 2003). The fact that the government is assigned the responsibility of taking care and control of prisons means that the government should take up its responsibilities and avoid delegating them to other private individuals.

    Terrorism is a phenomenon that involves violent struggle between states and other organizations he media is the main campaigners of these wars (Dowler, 2003). Before September 11, United States had fewer enemies that wanted to spread terror in its territory but after the attack United States made more enemies and the list of terrorists had more terrorists. Al-Qaeda is one other terrorist group in the world today. Actually, it is the group that was linked with September 11 attacks. The main aim of this group is to ensure that there is non-foreign influence by other countries on Muslim countries. They also have an aim of creating an Islam caliphate. United Nations is one of the bodies that has been involved in fighting against terrorism. It has done this through counter terrorist activities where it unites countries in an aim of fighting terrorism. United Nations is also helpful in countries that have been victims of attacks. The military are the best-fit candidates of fighting terrorism. The reasoning behind this is due to the responsibilities assigned to them of protecting the country. The army also has a better expertise to fight terrorism than the police do. I believe terrorism is caused by the fact that there is lack of communication between the various groups fighting the war of terrorism; therefore, it should not be a military one but one that involve discussion with these parties.

     

    References

    Cuizon, G. (2009). Importance of Free Speech . Retrieved April 27, 2011, from What is   Freedom of Speech?: http://www.suite101.com/content/what-is-freedom-of-         speech-a100621

    Dowler, K. (2003). Media consumption and public attitudes toward crime and justice:                               The relationship between fear of crime, punitive attitudes, and perceived police   effectiveness. Retrieved April 26, 2009, from    http://www.albany.edu/scj/jcjpc/vol10is2/dowler.html

    Mills, N. C. ( 2009). The Role of Diversity in the Criminal Justice System.    Retrieved        April    27, 2011, from             http://www.nacdl.org/public.nsf/01c1e7698280d20385256d0b00789923/12fd55f8            d3ff660b85257643005f5785?OpenDocument

    Schmalleger, F. (2011). Criminal justice today: An introductory text for the 21st century                 Upper Saddle River, NJ: Pearson Prentice Hall.

    Wagoner, C. (2009). Benefits and dangers of police work. Retrieved April   27, 2011, from             http://en.allexperts.com/q/Careers-Police-1531/2009/12/Benefits-dangers-police-    work.htm

    Zito, M. (2003). Prison Privatization: Past and Present. Retrieved April 27, 2011, from             http://www.ifpo.org/articlebank/prison_privatization.html

     

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