Project #90374 - Criminal justice discussion reply post

Respond to John Mckoy and Jean Ellis threads individualy, constructively challenging or defending their position, by listing and analyzing their comments.

You will submit replies of 150–250 words in each response

 

Responding to a classmate’s post requires both the addition of new ideas and analysis. A particular point made by the classmate must be addressed and built upon by your analysis in order to move the conversation forward. Thus, the response post is a rigorous assignment that requires you to build upon initial posts to develop deeper and more thorough discussion of the ideas introduced in the initial posts. As such, reply posts that merely affirm, restate, or unprofessionally quarrel with the previous post(s) and fail to make a valuable, substantive contribution to the discussion will receive appropriate point deductions.

 

John Mckoy

 

 

The aim of the criminal justice system is to make sure that the law is upheld by administering fair and impartial judgment to those who may be convicted of a crime. This is usually done through punishment for their crimes which the law deems fit while also trying to prevent the continuation of criminal act by offenders by given them rehabilitation. Criminal justice has moved to different means to help the offender as well as the victims and communities. Restorative justice is a way to remove the main focus off of “reactive punishment-oriented sentencing’ (Seiter 2014).”Restorative justice is a process to involve, to the extent possible, those who have a stake in a specific offense and to collectively identify and address harms, needs, and obligations, order to heal and put things as right as possible”( Ikpa,2007 ).Restorative justice is a way to hold the offender accountable for their wrongdoing and a way for them to pay the victims back , Zechariah 7:9 shows the biblical way justice should be handed down it said  “Thus speaketh the Lord of hosts, saying, Execute true judgment, and shew mercy and compassions every man to his brother.”(KJV 1983 ).This is where criminal rights are important there are provisions set forth by the government in certain constitutional amendments to insure that an offender receive fair treatment up to and including incarnation. The way that these competing perspectives can work in harmony is through community support and programs that can help offender be reintroduced to society, “restorative   justice involves the victim, the offender, and the community working together in search of solutions which will help promote repair, reconciliation, and reassurance to all parties involved” ( Ikpa, T, S. 2007).

 

 Ikpa, T, S. (2007)   Washington University Journal of Law & Policy, ISSN 1533-4686, Volume 24

 

Seiter R, (2014) Corrections an Introduction Fourth Edition

 

The King James Bible (1983) Thomas Nelson

 

 

 

 

 

Jean Ellis

 

It has been my experience that our criminal justice system leans toward the rights of the criminal.  The rights of the criminal can be found throughout the Constitution.   For example the Fourth Amendment states “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” (U. S. Constitution).   This amendment is in direct answer to the Writs of Assistance.  Writs of Assistance were forced upon Colonial Americans and were used to gain entry into homes and businesses under the guise of looking for contraband.  The exact definition or description of what constituted contraband was not given, which allowed officials to rummage though a persons home, find anything, and deem it as contraband.  “Normally, the writ placed no limitations on the time, place or manner of a given search.”  (Writs of Assistance).  The Founding Fathers were firmly against the Writs of Assistance, and fashioned the Fourth Amendment to protect the right of the people from the government.  Unfortunately, it has allowed evidence to be discounted because of infringement upon Fourth Amendment rights. 

     Criminals are also afforded the right to a speedy trial (Sixth Amendment), the right to due process, the right to assistance of counsel during trial (Sixth Amendment).  The defendant is also given the right of being presumed innocent until found guilty, and of having to be found guilty beyond a reasonable doubt.  The list of criminal rights could go on and on whereas the rights of a victim are few.

     Criminal rights and restorative justice can be in harmony.  When a victim gives an impact statement at a trial, they are engaging in a form of restorative justice.  “When offenders are more personally accountable, which usually means facing their victims directly in order to listen as the describe the impacts of the crimes, there is a dramatic increase in the victims’ sense of ‘being heard’.” (Just alternatives).  So our criminal justice system does practice some of the theories of restorative justice, without even realizing it.  “When justice is done, it is a joy to the righteous but terror to evildoers.” (Proverbs 21:15 English Standard Version). 

 

Reference:

Restorative justice. Retrieved from http://justalternatives.org/victimsurvivor-resources-2/restorative-justice-101-for-victims/.

Writs of Assistance. Retrieved from http://www.encylcopedia.com/topic/writs_of_assistance.

Subject Law
Due By (Pacific Time) 10/26/2015 09:00 am
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