General Knowledge in Criminal Justice

Every country is governed by a set of laws designed to maintain order within it. There are laws that govern the political relations with its citizens while there are also laws that regulate the civil rights of its citizens. There are a set of rules that define what acts or omissions are considered felonies or offenses and prescribes punishment for violations of these rules. The latter is called the criminal justice system of a country. This criminal justice system is manifested by the enactment of penal laws of the state.

Penal laws define what acts are considered crime and determine the proper penalty for its commission. Because of the enactment of penal laws, each state is able to enforce and maintain law and order within its jurisdiction. Society is a complex structure which does not simply function harmoniously by accident. There must be a conscious effort on the part of the state to regulate the behavior of its members. It is because of this reason that the system of punishment was institutionalized and legitimized in our society. Punishment is the action taken by the State for every violation of its laws.

Punishment can be considered as a response by the society to any offense or felony committed against it. It may range from the deprivation of liberty of the convicted individual or the payment of fine for the reparation of injury caused. The deprivation of liberty can last from several days or it may extend to several years depending on the nature of the crime committed. If the crime however is heinous capital punishment may be imposed. Classical Theory There are many theories on which our criminal justice system is based. One of the foundations for imposition of the criminal justice system is the Classical Theory.

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It attempts to give an explanation on the root cause of crime for the purpose of controlling it or preventing it from happening. It argues that man is by nature a moral creature with a free will. This free will gives him the capacity to choose between right and wrong. When man performs an act, the assumption is that the same is a rational and conscious decision arising from a careful calculation of its possible consequences. It is to be presumed that the doer of the act has carefully weighed the consequences of his action so that he will achieve his end-goal which is to maximize pleasure and to minimize pain.

Thus, when a person engages in deviant behavior and commits a crime it is to be presumed that he voluntarily and willfully committed it after a careful calculation of both the benefits and risks of its commission. Crime is therefore a product of rational and conscious choice deliberately performed by an individual and not the result of the external forces surrounding him. There are those who hold that crime is a social and natural phenomenon as contradistinguished from the Classical Theory. According to the Positivist Theory, man at times is subdued by a strange and morbid phenomenon which constrains and impels him to do wrong.

Though man is by nature good, there are forces around him that makes him commit a wrongful act. Thus, contrary to the Classical School, crime is not a product of a rational and conscious decision that results from carefully weighing the advantages and disadvantages of the act rather it results from interplay of social and external forces that heavily influence the individual. It is because of this reason that the criminal justice system should not be a mere function of strict and inflexible application of the abstract principles of law.

Rather, it is the task of the judge to take into consideration such other facts and circumstances that attend the commission of the crime. Retributivism Theory There are those who adhere to the Retributivism Theory. According to this theory, punishment is allowed, whether it is imprisonment or death, because the convicted prisoner deserves it. This is otherwise known as the doctrine of ‘just desert’ which is founded on the ‘eye for an eye, tooth for a tooth” philosophy. When an injury is done to another, an unfair situation is created between the offender and the victim.

The imposition of punishment against the wrongdoer removes the unfair advantage and restores the balance. (Anthony Duff, Sec 5) In essence, this theory states that certain actions in the society that are injurious to other people will merit the imposition of imprisonment. When these acts are done willfully and voluntarily by any individual then it is but proper that he be punished for his acts to restore the moral balance and address the moral culpability which are essential in restoring harmony in the society. (Deligitimizing Retribution”2)

UtilitarianTheory On the other hand, there are those who believe in the Utilitarian Theory. It argues that state- sanctioned punishment is justified because of its utility. Based on the principle of utility, acts are pursued depending on the desirability of its consequences. If punishment will most likely produce the greatest balance of happiness over unhappiness then the punishment is justified. But if there are other options that would produce a greater balance of happiness over unhappiness, then that option should be chosen and punishment is unjustified. Kevin Murtagh, Sec 1a) In simpler terms, the idea is if we are to weigh the positive effects of punishment as against its negative effects and the positive effects outweighs the negative ones then that punishment has to be imposed. This theory somewhat looks forward and considers the consequences of punishment to the society. Unlike the Retributivist theory which focuses on the benefits to the victim, in Utilitarian Theory the other members of the society is considered to benefit from the imprisonment of the convicted prisoner.

Deterrence Theory. For example, capital punishment is considered beneficial for the society because it deters the commission of more crimes by other persons. Under the Deterrence Theory, the imposition of the criminal justice system sends a strong message that it is tough on crime. Once a convicted prisoner is imprisoned or sentenced to death it is as if we are saying to the rest of the society that this will happen to those who will violate our laws. It is also an open declaration that there is a war against crime and that any violation of its laws will be seriously dealt with by the state.

Once society sees that the violation of a law will have serious consequences to the wrong-doers then this will have a positive effect to the society by deterring criminality. Incapacitation Theory According to Incapacitation Theory, society is also benefited from the imprisonment of the convicted prisoner because it incapacitates him from further committing crimes and reduces recidivism rate. (Lynch and Sabol) Experience shows that those who have previously committed crimes are more likely to commit another crime.

There is no more effective way of incapacitating the offender except by removing them from the society. Thus, in the case of imposition of death penalty, a person who is sentenced to death can no longer commit further crimes because he is permanently incapacitated to perform the same. The society is also benefited when wrong-doers are incarcerated or sentenced to death. We also prevent the possibility of these people escaping from prison and committing further crimes. (Thoughts on the Death Penalty p 2) The purpose of this is the protection of the other members of the society.

Restorative Justice Theory The Restorative Justice theory is another aspect of the Utilitarian Theory which gives emphasis on the restoration of the criminal offender as one of the purposes of criminal justice system. It seeks to promote the objective of restoring the offender to the mainstream society by making him perform community service, requiring reimbursement and other worthwhile activities while in prison. This is based on the theory that a criminal offender is a socially sick individual. The other members of the society have the moral obligation to give aid and assistance to them.

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