How Do I Explain the Theoretical Models of Criminal Justice?
- 1). Distinguish between normative and analytical theories. The normative theoretical models of criminal justice involve the idealistic qualities of the criminal law system. Normative theories define how criminal law should be. For example, a criminal should be convicted and punished for the crime. The analytical models of criminal justice describe the system as it exists. For example, there are lower and higher level courts that contend with the crimes. Not all criminals are punished in the same way.
- 2). Define the features that contribute to a criminal action. The theoretical models of criminal justice work to differentiate civil crimes from criminal crimes. Civil cases usually involve fewer individuals because the cases are more private. The names of the cases usually involve one person versus the other. However, the criminal cases are more prominent because they incorporate public investigations. The names of the cases usually put the name of the state or official against the criminal.
- 3). Analyze the consequences associated with criminal cases. For civil cases, the result of the hearing is for either the plaintiff or the defendant to pay a certain amount of money. For criminal cases, if the criminal is found guilty, he or she will have to endure a punishment. This punishment is more intense than paying money.
- 4). Learn about the different punishments associated with criminal justice. The punishments of criminal justice include community service, jail sentences or the death penalty. Ethical issues connected to these forms of punishments are that an individual who does harm needs to suffer for his actions, yet the punishment may not teach him to behave. Also, the death penalty may seem cruel to some, even for criminals.
- 5). Examine the theories of punishment. When considering the various forms of punishment, it is important to understand why criminals are punished. The three theories of criminal justice are deterrence, retribution and incapacitation. Deterrence involves fear. If a criminal is punished, then it will make others not want to commit the same crimes. Retribution involves the idea that the level of punishment should equal the harshness of the crime. Therefore a criminal convicted of murder should have a worse punishment that a criminal convicted of theft. Incapacitation is when a criminal is sentenced to an extended prison sentence. This action prevents the criminal from harming other individuals.
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