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Conflict Theory in Criminal Justice, 2002.
Conflict theory based on Marxist assumptions and how this can be applied in criminal justice studies.
3,479 words (approx. 13.9 pages), 9 sources, MLA, $ 98.95
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Abstract
Conflict theory in criminal justice is based on the assumption that society is grounded in inherent conflict that cannot be resolved. This paper discusses how conflict theorists argue that those who hold power and wealth in a capitalist economy force the less-powerful to abide by their established rules with the purpose of protecting their own property and physical safety. It explains that the theory relies on a Marxist interpretation of the function of a capitalist society. It also shows how the theory argues for a broader definition of crime to include offenses and actions intended to maintain the ruling structure. This paper addresses how the theory and models of punishment based on the theory require an understanding of criminal justice that takes into consideration the social and political causes of crime, particularly models of treatment based on a concept of restorative justice.
Table of Contents
History and Definition of Conflict Theory
Human Nature
Social Order
Causal Logic of Conflict Theory
Conflict Theory and Criminal Justice Policy
Conflict Theory and Criminal Justice Practice
Evaluation
Bibliography
From the Paper
"Before the 1960s, most criminology research and theory was conducted under the rubric of structural-functionalism, which assumed the primacy of the social system and the inter-relationship of social institutions without much focus or consideration for the individuals or groups who made up the institutions. However, critics of these theories argued that by minimizing the social conflict and tension inherent within society, these theories supported a politically conservative agenda within sociology and criminology."
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Conflict Theory in Criminal Justice, 2000.
A defines and examination of conflict theory and view that crime is the inevitable result of social conflict. Includes human nature, social order, logic of theory, legal policy and practice.
2,925 words (approx. 11.7 pages), 9 sources, $ 103.95
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Abstract
Conflict theory in criminal justice is based on the assumption that society is grounded in inherent conflict that cannot be resolved. Conflict theorists argue that those who hold power and wealth in a capitalist economy force the less-powerful to abide by their established rules with the purpose of protecting their own property and physical safety.
From the Paper
"Conflict Theory in Criminal Justice
Abstract
Conflict theory in criminal justice is based on the assumption that society is grounded in inherent conflict that cannot be resolved. Conflict theorists argue that those who hold power and wealth in a capitalist economy force the less-powerful to abide by their established rules with the purpose of protecting their own property and physical safety. The theory relies on a Marxist interpretation of the function of a capitalist society. It argues for a broader definition of crime to include offenses and actions intended to maintain the ruling structure. The theory and models of punishment based on the theory would require an understanding of criminal justice that took into consideration the social and..."
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Criminal Justice Trait Theory, 2002.
A study of trait theories as applied to the criminal justice system.
2,100 words (approx. 8.4 pages), 14 sources, MLA, $ 65.95
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Abstract
This paper considers two different models of trait theories ? biosocial and biosocial/psychological ? within the context of the field of criminal justice. It describes the attempt to isolate what it is that defines human nature and human personality, in terms of what is the effect of environment and what is purely genetic in a personality. The author shows how these psychological concepts are applied to criminal rehabilitation therapy.
From the Paper
"One of the ways in which researchers have tried to answer this question is that they have attempted to isolate what it is that defines human nature and human personality. In other words, they have sought to isolate the different traits that together make up the personality. Although this approach is certainly subject to various criticisms ? perhaps the most important of these being that personality traits are not consistently manifested over time ? the trait model has remained useful in some arenas for helping people to understand human personality."
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Beccaria?s Criminal Justice Theories, 2001.
This paper examines the role Beccaria played in shaping criminal justice.
3,055 words (approx. 12.2 pages), 8 sources, $ 89.95
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Abstract
This paper studies the life of Beccaria and his theories on criminal behavior and justice. It analyzes his work, "Essay On Crimes and Punishments," and it's influence in criminal justice systems throughout the world. The paper looks at how Beccaria viewed the criminal and the crime and its overall effect (damage) to society.
From the paper:
"This paper examines the contributions of Beccaria in the context of his own time, the lasting effect that they have had on the jurisprudential and penological systems of the modern Western world. After a general introduction to Beccaria?s ideas and his model of crime, this paper looks at the results of three contemporary studies that incorporate the ideas and models of Beccaria. This examination of current research will allow us to evaluate the ways in which Beccaria?s idea, born in such a different historical context, may still guide us in attempting to guide us in creating ever more just, more fair and more effective means of punishing criminals and allowing all of society (including criminals, victims, and the rest of us) to prosper."
Table of Contents
1. Introduction
2. Beccaria?s Life and Times ? and Theoretical Underpinnings
3. Beccaria?s Classical Theory of Crime
4. Three Modern Studies
5. Conclusion
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Criminal Justice Theory, 2004.
Discusses Sutherland's Social Process theories and Hirsch's Social Control theory.
900 words (approx. 3.6 pages), 1 source, MLA, $ 31.95
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Abstract
This paper discusses Sutherland's Social Process theories and Hirsch's Social Control theory. It explains why people commit crime according to these theories, discusses the notions behind these theories, discusses their policy implications, and notes how the theories have been modified over the years.
From the Paper
"Sutherland's Differential Association Theory suggests that people commit crime by learning in a social context through their interactions with others and communication with them. He believed criminal behavior is learned by interaction with others and this includes learning the techniques of committing the crime and the motives, drives, rationalizations and attitudes for committing it. This is due to their definition of legal codes as being favorable or unfavorable and so if someone believes the legal codes are unfavorable they will be more likely to commit a crime..."
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"Criminal Procedure for the Criminal Justice Professional", 2005.
This paper is a book review of John Ferdico's "Criminal Procedure for the Criminal Justice Professional".
2,545 words (approx. 10.2 pages), 3 sources, APA, $ 77.95
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Abstract
This paper explains that, according to Ferdico, the law of criminal procedure can be described as rules designed to balance the important government functions of maintaining law and order and protecting the rights of citizens. The author points out that the "plain-view" doctrine is the procedure or rule that guides the officer in making a search of an individual or their property and in making an arrest of an individual; items in "plain view" or out in the open for view, may be seized by police in evidence in making an arrest for illegal possession of drugs and weapons. The paper concludes that Ferdico not only understands but also explains thoroughly arrest, questioning and processing procedures as well as the trial and case proceedings which are required by law enforcement, prosecution and defense in the 'criminal court procedures'.
Table of Contents
Statement of Thesis
Introduction
Right to a Fair Hearing/Trial
Double Jeopardy
Arrest Warrant
Probable Cause
Use of Force
The Standard of "Reasonableness"
Plain-view Doctrine
The Carroll Doctrine
Escobedo and Miranda
Conclusion
From the Paper
"Ferdico relates that there exists a conflict since the more "emphasis on maintaining law and order" ends up involving "greater intrusions" in the lives and in relation to the rights of the individual. In other words, policies of the government that are originally focused toward protection of the individual and maintaining law and order in the community may very well result in increased breaking and disrespect of the law that sought to protect. Ferdico next gives the history of the development of U.S. law relating the historical facts concerning the U.S. Constitution and the accompanying Bill of Rights. The laws governing rules and procedures and protecting the rights of the individual are based on the principles of Constitution in the United States of America, which is a country governed by democracy."
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Women in the Criminal Justice System, 2004.
An analysis of women in the criminal justice system from female offenders to female criminal justice professionals.
1,402 words (approx. 5.6 pages), 5 sources, MLA, $ 46.95
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Abstract
This paper discusses the treatment of women and girls in the criminal justice system. The paper evaluates the recommendations of the Law Enforcement Assistance Administration Task Force on Women regarding female offenders, female crime victims, and female criminal justice professionals. The paper describes the nature of the changes that have been taking place regarding gender bias and inequality within the justice system.
From the Paper
"The criminal justice system provides training to police and law enforcement agencies, prosecutors and judges (Legal Defense and Education Fund 2004). The New York State Police Academy, for example, trains its criminal justice professionals through a week-long Sex Offense Seminar. They are taught how to investigate sex crimes; collect evidence from crime scenes; interview suspects, surviving victims and other witnesses; obtain expert testimony; gather and present forensic evidence; screen for drug-facilitated sexual assault and similar crimes; observe Departmental protocol for crime investigations; recognize trauma syndrome and the surviving victim's emotional needs and rights; and coordinate with crisis programs, health care personnel and related agencies (LDEF)."
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Criminal Justice, 2001.
Examination of Cesare Beccaria's theory on criminal justice.
2,087 words (approx. 8.3 pages), 10 sources, APA, $ 65.95
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Abstract
Cesare Beccaria was a philosopher from the classical school of criminology during the 18th and 19th centuries. This paper analyzes his theories and shows how Beccaria demanded reform in every aspect of criminal justice. The writer presents the focal point of Beccaria's argument which is that capital punishment must be abolished on the grounds that all punishment should be swift and serve the greatest amount of good for the greatest number of people.
From the Paper
"Cesare Beccaria's contribution to the field of criminal justice is but one of his many accomplishments. In addition to criminal justice, Beccaria was well versed in theories of economics as well as politics and he incorporated all of these fields in his various publications. In his treatise On Crimes and Punishments, Beccaria (1764) speaks to a number of issues in the practice of criminal justice and recommends reform. In addition to his prolific writings, Beccaria was a teacher of public law and economy in the Palatine schools in Milan from 1768 to 1770 and after 1771 he held many public offices. Beccaria was a part of the classical school of criminology. This school covered a wide variety of issues and was made up of a group of philosophers on crime and punishment in the 18th and early 19th centuries. Cesare Beccaria was one of the school's most prominent members along with Jeremy Bentham. Both of these men shared the belief that criminal behaviour should be understood and controlled as an outcome of a certain human nature shared by all of us. They felt that human beings were ultimately hedonistic and always acted in terms which suited their own self interest; however at the same time they believed that humans were rational, and therefore acting in their own self interest could be manipulated to serve the good of the community. Based on this, a well ordered state would construct laws and punishments (based on deterrence) in such a way that people would understand peaceful and non-criminal actions to be in their self interest (Crime Theory, 2000). In 1764, when the then unknown Cesare Beccaria wrote his treatise On Crimes and Punishments, it would have been inconceivable for anyone to have believed that the world would still be using his ideas today in the 21st century to guide their criminal justice systems. The treatise has greatly impacted the Constitution of the United States, their Bill of Rights, and justice system. Many of the reforms that Beccaria called for have been incorporated into their system, and his influence stretches over arrest, prosecution and punishment. Beccaria never wrote anything else on criminal justice, which has left many unanswered questions, but the treaties has become the foundation upon which many criminology theories build and expand (Crime Theory, 2000)."
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Racial Discrimination in the Criminal Justice System, 2007.
An examination of racial prejudices and racial bias in the criminal justice system in Canada and the reasons for this practice.
1,040 words (approx. 4.2 pages), 4 sources, APA, $ 36.95
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Abstract
This paper analyzes whether Black people are mistreated by the criminal justice system in Canada and if they face discrimination from both the police and the courts. It discusses the failure of the criminal justice system to provide appropriate services to people of minority groups. The paper specifically looks at the over-representation of black people in the criminal justice system. It then attempts to analyze some of the reasons how and why Black citizens are targeted by the criminal justice system.
Table of Contents:
Introduction
Background on Black Over-representation in the Criminal Justice System
Possible Reasons Behind The Black Over-representation Trend
Arguments Against Criminal Justice System Racial Bias
Conclusion
From the Paper
"It is difficult to know how to respond to racial prejudices in the criminal justice system, as the overrepresentation of black citizens is imbedded in socioeconomic factors which cannot be explained by discriminatory practices implicit in the criminal justice system. The most obvious solution to the problem is to have separate justice systems for people of Aboriginal descent, where most of the problems of racial discrimination in Canada lie. However, would not the existence of different courts of law for different ethnicities further encourage racial stratification in society? The solution is not an easy one, and much more research must be done on the topic before an answer is forthcoming. A number of factors must be explored before a solution is implemented, such as what the current statistics revolving around discrimination studies mean, the relationship between social and economic factors and the criminal justice system, and the impact of developing stratification between Aboriginal and non-Aboriginal citizens (La Prairie, 2004, p. 277). "
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Community-based Incarceration and Criminal Justice, 2008.
An analysis of the media's role in criminal justice issues and a look at community-based alternatives to incarceration.
2,706 words (approx. 10.8 pages), 12 sources, APA, $ 81.95
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Abstract
This paper reviews a number of issues pertaining to criminal justice. Firstly, the paper look at the role of the media in criminal justice issues. It then discusses whether or not the criminal justice system can legitimately be called a "system" or whether another description is apt. The paper also examines community-based alternatives to incarceration and, lastly, examines how restorative and community-based approaches to punishment are preferable to punishment-based approaches.
Table of Contents:
Abstract
Criminal Justice: Specific Issues
Issue One: The Role of the Media
Issue Two: Major Components of the Criminal Justice System
Issue Three: Community-based Alternatives to Prison
Issue Four: Community/Restorative Justice Models and their Difference from Punitive Models of Justice
From the Paper
"Going further, the simple reality is that one study after another seems to illustrate the fact that punitive criminal justice (incarceration, long sentences, the de-emphasis of diversionary programs by justices when passing sentence) does nothing to reduce crime on its own (Wilson et al, 2002). Ostensibly, all human beings are blessed with a certain measure of capital - intellectual and emotional capital being the most important - and maximizing this human capital by teaching individuals how to serve others, how to behave responsibly and how to curb darker impulses is the best way by which a society can reduce the likelihood that it will become over-run by crime. It may also be added that the essential reason why community-based and restorative justice models are gaining such favor (they have been, albeit to varying degrees, in favor among academics since at least the 1970s) is because the failings of punishment-based justice - the over-crowding of American prisons, high recidivism rates, the growing cost of keeping people behind bars - have become manifest in the eyes of many close observers and new, more innovative approaches are desperately needed."
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The Islamic Criminal Justice System, 2004.
This paper describes and compares the Islamic criminal justice system with criminal justice systems of other countries.
3,505 words (approx. 14.0 pages), 13 sources, APA, $ 98.95
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Abstract
This paper explains that, unlike other ?law-centered? societies, Islamic law is neither a remnant of history nor ancient origins revisited, but rather an intricate, multi-threaded cluster of thoughts and actions, which the Islamic persons shaped and customized as they opposed and accepted Euro-American colonial endeavors. The author points out that, in Islamic systems, religion plays a vital part so that these countries are categorized as theocratic states; whereas, the majority of English-speaking nations, such as the U.S., England, Australia, and New Zealand, are characterized by a tough antagonistic structure, wherein lawyers deduce, and judicial functionaries are compelled by example. The paper relates that Islamic law, called Shariah law, is all-pervading in governing a person in almost every aspect of daily life.
From the Paper
"Islamic legal system is not a legal system, like the Korean or Indonesian legal system, but instead a legal custom, akin to the common or civil law custom. A legal tradition is a package of identical beliefs, attitudes, and practices relating to the required segments of a legal system, inclusive of the extent and rationale of the law, the way in which regulations are built or explored, the characteristics and function of legal performer and the way in which the law is imbibed, executed, developed and modified. Similar to the common law and civil law traditions, Islamic law does not subsist in a clean form anywhere, but impacts in varying quantities in diverse manner several domestic legal systems of the world."
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The Criminal Justice Act 2003, 2008.
This paper explores whether the Criminal Justice Act 2003 (CJS), which was introduced to modernise many areas of the criminal justice system in England and Wales, has promoted greater fairness in sentencing.
3,251 words (approx. 13.0 pages), 12 sources, APA, $ 93.95
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Abstract
The paper argues that the CJA 2003 has produced to some extent a fair sentencing guideline, but that it has not promoted fairness as fully as it could have. The paper discusses how the CJA 2003 tried to correct the faults of the previous CJA 1991 but the CJA 2003 has also led to complications and disputes between the judiciary and legislature, causing an abandonment of tangible guidelines generally considered necessary to providing a fairer approach to sentencing.
Outline:
Introduction
The Evolution of the Fairness Notion: CJA 1991 and CJA 2003
Fairness to the Offender
Fairness to the Victim
Conclusion
From the Paper
"The Criminal Justice Act 2003 is a wide ranging Act of Parliament introduced to modernise many areas of the criminal justice system in England and Wales. The role of sentencing is to ensure the safety of the community, help rehabilitate offenders to prevent them re-offending and reserve imprisonment for a limited range of serious, dangerous and persistent offenders. The goals of the CJA 2003 were to improve case management and reduce the scope for abusing the system by ensuring a more consistent sentencing procedure which reserves prison for the most serious offenders. It has its genesis in several reports and consultations including the Home Office White Paper Justice for All; Sir Robin Auld's Review of the Criminal Courts of England and Wales and John Halliday's Making Punishment Work which is a report of a review of the sentencing framework of England and Wales. Other recommendations of the Criminal Courts Review relating to court procedures were implemented in the Courts Act 2003.The underlying aims of the Act were to introduce reforms in two main areas: improved case management and a reduction in scope for abuse of the system."
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Criminal Justice, 2006.
An extensive discussion on the ethics of criminal justice.
3,815 words (approx. 15.3 pages), 7 sources, MLA, $ 104.95
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Abstract
The paper begins by defining the criminal justice system, ethics and morality and then explores the relationships between them. It continues to philosophize over morals, ethics and right and wrong behavior. In conclusion the author summarizes and links the criminal justice system and its ethics.
Table of Contents
Relationships of Criminal justice system, ethics and morality
What are morals and moral behavior?
Morality of law
What are ethics and ethical behavior?
Moral questions in criminal justice
The difference between right and wrong
Conclusion
References
From the Paper
"Heated arguments went on and the concerned professor went to the dean to find out what action he should take. This led to a discussion among the faculty as the dean himself was not sure. Among the faculty there were many justifications given for lying, and business was compared to poker and people knew that there would be bluffing. Some others felt that there were no absolute values and morality depends on the consequences that follow from the action. According to this logic the executive should have lied. The other action may cause harm to the airline as it may collapse, and then there would be an effect on shareholders, employees and creditors, etc. Others said that telling of truth will lead to an increase in sales later while telling lies will lose sales, and that is the reason that telling truth was a good idea. Among the lot, only two members said that telling truth was essential as it was an absolute moral requirement and that is the reason why the executive had no other option. (When It Comes to Ethics, B-Schools Get an F) This total loss of moral senses is bound to have an impact on criminal justice within the country."
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China and Its Criminal Justice System, 2008.
A discussion of China's criminal justice system and the legal process involved in extraditing American criminals to the US for arraignment.
9,905 words (approx. 39.6 pages), 35 sources, APA, $ 201.95
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Abstract
This research paper examines the criminal justice system of China. It includes such elements as a brief identification of the geographic, historical, political and cultural nature of China. It also examines China's criminal justice system, its development, organization and how it deals with crime. In addition, the paper also takes a look at China's criminal justice system through a hypothetical setting, Jamal T. Kurk. Jamal's background is explored to assess what he did, and the charges brought against him. To conclude, the paper offers a solution to the United States Attorney to allow Kirk to be successfully arrested and extradited to the United States for arraignment. Several appendices, which contain relevant maps, tables, charts and pictures are included with this paper.
Outline:
Introduction
China's Criminal Justice System
Politics
Political Parties
History
Cultural Nature
Development
Organization
How China Deal with Crime
Legal Rights
Crime in China
Legal Age of Responsibility
Punishments
Sentencing Process
Types of Penalties
Prisons
Crime Statistics
Extradition Laws and Treaties
Hypothetical Scenario of Jamal T. Kurk
Counter-terrorism Efforts
Additional Challenges
Interpol
Red Notices
Recommendations
Conclusion
Appendices
From the Paper
"In the past, there was no jurisprudential distinction between criminal and civil law. Civil disputes dealing with land and family matters were generally settled through mediation. In traditional China, the emperor was vested with judicial, executive, and legislative powers. The laws created by the emperor were binding on all of his subjects, but the same law did not bind the emperor. The emperor was the supreme judicial power, and as such, could modify the judgments given by lower judicial authorities, determine the guilt of accused individuals, and dictate the penal sentence."
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Weaknesses in the Criminal Justice System, 2002.
Questions whether the American criminal justice system has a weak or strong link with other departments.
717 words (approx. 2.9 pages), 8 sources, APA, $ 25.95
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Abstract
In large countries, administering justice is by no means an easy task. This is because there are a great many people, composing a diverse demography amid a never-ending sea of social problems. In order to cope with these problems, criminal justice systems are set up to implement laws that address disorder. But in spite of the criminal justice system being established, intricacies created by social disorder mitigate the efficiency of the laws implemented. In addition to this, there may be other factors, such as malpractice by law enforcers that cause the justice system much embarrassment and dissatisfaction. This paper argues that the American criminal justice system appears to be composed of separate systems with weak links to each other, since they each act almost independently according to the discretion or loopholes in the law. The paper uses a case study to present its argument.
From the Paper
"Another weakness in the justice system is the allowance for law enforcing officers to use discretion. These are actions that are legitimate, but it must be remembered that these actions are allowed because of the fact that if every one had to be judged by the narrow descriptions of the law there would be many more people in jail than there already are. But the problem is that there have been several cases where police discretion has also been used in a negative fashion."
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