Criminal Justice System
Social development perspective seeks to achieve social welfare objectives by integrating social and economic policies in a dynamic development process. It aims to encourage universal social protection and equity and protect the members of the society from poverty and social contingencies.
The theories that explain the criminal behavior are as follows:
The Anomie theory: This theory defines that lack of regulation leads to criminal behavior. There are two levels of Anomie theory. When the society is unable to apply clear limits on goals, it leads to criminal behavior and Macroside anomie occurs. The reason for the occurrence of Microside anomie is social forces on people to commit crimes (Collins, 2004).
The Differential-association Theory: According to this theory, crime is a learned behavior and the interaction with criminal people influence the mind of other persons. Criminologists defines that peer pressure is a reason for criminal behavior.
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The Labeling Theory: This theory tells that some people want to break the social rules and label themselves as free from these standard and norms.
The theory, which I have chosen is Social Contract theory. The classic statement of this theory is found in Thomas Hobbes' Leviathan (1651). This theory is based on the nature of human behavior. According to this theory, people get organized in a societal manner and form a government by making a contract (The Social Contract, 1998).
The reason to select this theory is to understand the human nature toward freedom. The information, which I learned, is that the government is essential for the betterment of citizens and social contract enables us recognize the good law from bad law. My opinion about theory is changed that human being is free by nature and does not want any restrictions. I am totally convinced with this theory that it is necessary to have a government in the society because it is quite essential for the proper management of law and order and works for the betterment of society.
The role of law is to implement the rules and regulations defined by the constitution. It affects the behavior of people in a country.
Criminal Law: This is a branch of law that specifies crimes, their punishments, investigation procedures and legal proceedings of people who have committed the crime. The purpose of this law is to defend the public from criminals and threaten them to not to commit the crime by punishing the existing criminals. If a person found guilty, he or she would by fine, imprisonment or death punishment under criminal law (Meiners, Ringleb, & Edwards, 2005).
Civil Law: Civil law is a rule of civil conduct that deals with the cases that are not of criminal nature. For example, agreements, marriage, etc comes under this law. The purpose of this law is to keep the civil cases separate from criminal cases so that it would be easy for the courts to solve both the cases (Meiners, Ringleb, & Edwards, 2005).
Administrative Law: This law deals with the relationship of government and citizens. Its purpose is to ensure the authorization of government activities by provincial legislatures or parliament that these laws are implemented in a reasonable manner.
Case Law: The purpose of case law is to ensure the legal reasoning in disputed area as per the guidelines of Supreme Court.
Procedural Law: The purpose of procedural law is to provide fair, efficient, and economical judgment of those disputes, which are chosen by the parties to be submitted to the courts, in accordance with law.
In recent years, the structure of policing is reformed. This reform has taken place due to rapid development of society and private security. The other reason of policing restructure is the failure of government to provide proper security. Economic development has increased criminal activities because as people are getting rich, the opportunity for criminal has also increased. The private security operates for profit and the government security operates for not-for-profit. This reform is taking place in the society and individual are hiring private security as they buy other routine things (Bayley, D. H. & Shearing, C. D. (2001).
The inadequacy of traditional police resulted into the development of private police because if the government is unable to provide protection to the society, people will go for other options to take this responsibility. This reform will result into increased imbalance and non protection of the members of the society who can not afford private security. And as the private police works for profit; it would not be concerned with the security of the society as a whole.
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Many of the American laws were influenced by British law. In 1636, Night Watch system in Boston and in 1651, Shout & Rattle watch in New York was established. By 1705, in Philadelphia, the need for dividing the city into ten patrol areas was found. In 1833, an independent, 24 hour police force was organized in Philadelphia. In 1844, day duty and night duty police force were established in New York. The police chiefs, who were appointed and responsible to political authorities, were heading the police departments and corruption was everywhere. Later, the Sheriff system came into force. Today, these departments and law enforcement agencies are extremely sophisticated (Sabath, 2008).
During 1920-1933, police corruption was widespread and this was the prohibition era and production, transportation and sale of alcohol were prohibited. Many police men were appointed to enforce the law but this was the time of severe corruption and protection monies were given to everybody from policemen to city mayor (Turner, 1998).
Bayley, D. H. & Shearing, C. D. (2001, July). The New Structure of Policing: Description, Conceptualization and Research Agenda. Retrieved August 21, 2008, from http://22.214.171.124/search?q=cache:7Wm6b36zKXMJ:www.ncjrs.gov/pdffiles1/nij/187083.pdf+The+New+Structure+of+Policing+(2001)&hl=en&ct=clnk&cd=1&gl=in
Collins, K. M. (2004). Anomie and Strain Theory. Retrieved August 21, 2008, from http://www.iejs.com/Criminology/anomie_and_strain_theory.htm
Meiners, R. E., Ringleb, Al. H. & Edwards, F. L. (2005). The Legal Environment of Business. New York: Thomson West.
Sabath, D. O. (2008). The Evolution of American Policing Retrieved August 21, 2008, from http://www.aphf.org/hist.html
The Social Contract (1998, September 19). Retrieved August 21, 2008, from http://www.crimetheory.com/TSC/sc.htm
Turner, E. J. (1998). The Prohibition Era. Retrieved August 21, 2008, from http://www.ephidrina.org/alcohol/prohibition.html