The topic of this course is Criminal Procedure. By nature, criminal procedure is “rights-based.” This is because much of the law comes from the Constitution, which was drafted to enumerate the powers of government. This limits government behavior to only those listed powers, but the Constitution also clearly lays out some rights (but not all) of states and citizens, particularly certain criminal procedure rights. As such, it can be said that criminal procedure focuses on the offender’s rights and government behavior.
Based on your practical and educational experience, what is the focus of the criminal justice system, restorative justice, or criminal rights? Give specific examples.
Can these seemingly competing perspectives be better harmonized? Provide at least 1 reference and 1 scripture to support your answer.
Respond to 2 other classmates’ threads, constructively challenging or defending their position, by listing and analyzing their comments.
There has been an increase in reported criminal cases in recent years owing to the changes in behaviors and tactics used by criminal to accomplish their ill ambitions. Despite the efforts by both the federal and central governments to invest in the study of crimes, their causes, effects and social impacts, criminals always find a way to accomplish their ambitions (Del Carmen, 2013). This essay will mainly focus on the criminal justice system, restorative justice, and criminal rights.
For the authorities to win this battle and war, the government needs to strengthen the criminal justice system which commonly deals with practices and government institutions to uphold social control, deter and mitigate crime as well as sanction those who go against the laws through fines, rehabilitation efforts, and penalties. However, criminal justice offers criminal a platform and an opportunity for them to redeem themselves. An example of criminal justice at work is when an individual is arrested for dealing in drugs (Del Carmen, 2013). On the other hand, the government finds it of significant use to view crime more than just breaking the law to have a clear insight of criminal behaviors and to be in a position to predict their next move. Restorative justice views crime as an activity or occurrence that can cause harm to people, relationships, and the community. Notably, irrespective of their criminal behavior, criminal defendants have rights to be proven guilty beyond doubt as well as to have an attorney who can handle all their legal affairs. In most cases, the criminal should be given a chance in the court of law to give his or her account of events that has led to his or her prosecution. All individuals are equal before the law, and there should be no favoritism whatsoever.
Del Carmen, R. V. (2013). Criminal procedure: Law and practice. Cengage Learning.