CRIMINAL JUSTICE PROCESS

Criminal Justice Process

Criminal Justice Process

Criminal fairness scheme and lawless person fairness Process

Is there a right way of considering with crime and recidivism rates in the joined States? How do we understand what is the most effective way? What one may seem is correct is the other may seem is inappropriate. Because of such inconsistencies, the lawless person fairness scheme has identified six perspectives on justice.

The first viewpoint, Crime Control, has a “no tolerance” approach to lawless person Justice and is casualty focused. Supporters of this perspective believe that Law Enforcement should be increased and sentences should be swift with serious consequences, and deterrence is the key to controlling crime. Deterrence can be general, in which offenders are afraid to commit the offense because they are afraid of the punishment, or specific, in which the punishment is severe enough that they will never want to commit another offense (FORST, 2002).

Unlike the Crime Control Perspective, the Rehabilitation Perspective focuses the attention on the offender and not the victims. Supporters of this perspective believe that society is the reason offenders commit crimes such as exposure to racism, poverty, alienation, poor education, poor health care, and little to no civil service. Because society placed them in situations such as these listed it becomes society's responsibility to help them with their social problems. They believe that the offender should be educated through counseling services and programs that address cognitive thinking disorders, chemical dependency, mental health, and other programs to teach new skills and how to become a productive member of society (FEELEY, 1999).

The rehabilitation perspective would address domestic violence by identify the offenders risk to re-offend through maybe a comprehensive risk analysis. Once the risk factors are identified they could be sentenced to such treatment programs as Domestic Violence Treatment, Anger Management, or Chemical Dependency.

The Due Process Perspective looks at the Criminal Justice Process to make sure that the offenders are being treated fairly and equitably. This perspective focuses on the constitutional rights of the accused ensuring that they are given impartial hearings, reasonable sanctions, legal counsel, and equitable treatment. Supporters believe that legal principles of fairness and due process must be upheld even if it means that on occasion a patently guilty person is free. This is a significantly different view then Crime Control as supporters of Crime Control would believe that the guilty is guilty regardless if an error had been made by law enforcement or the courts.

In terms of domestic violence this perspective would ensure that the offender is afforded all legal resources and that they were treated fairly. In the event that it is determined that due process was violated the offender could be released. There is very little concern for the victim under this perspective (GOLDSTEIN, 1998).

The Nonintervention Perspective again focuses the concern on the offenders instead of the victim. Supporters believe that the least intrusive punishment should be used in an effort to avoid offenders being labeled by society such as being dangerous, untrustworthy, ...