blog




  • Essay / Criminal Sanction - 2392

    IntroductionThe high level of activity in the criminal justice system and the resulting productivity arise from a series of interconnected beliefs that the application of criminal sanctions to offenders is an essential and useful means to maintain existing morale. and political order. In other words, criminal punishment can be seen as a reinforcement of moral beliefs and social order. This article will, however, examine both aspects of the application of criminal sanctions. “Used with foresight and humanity, it is a guarantor of human freedom; used indiscriminately and in a coercive manner, it constitutes a threat. (Packer, 1968: 366) Professor Packer uses his knowledge and understanding of the nature of criminal sanctions largely to show how they actually threaten liberty; the arguments will therefore revolve around this point of view. The essay aims to explain Packer's quote and illustrate cases of criminal sanctions as the "primary guarantor" or "primary threat" to human freedom. The essay then attempts to explain the rhetoric and reality of justice and intends to highlight the gap that exists between the two. As Herbert Packer pointed out, the law contained in books can be quite outdated and detached from reality (Packer, 1968). Its ideal models of due process and crime control will form the cornerstone of criminal justice assessment. However, other models will be introduced and used to evaluate Packer's value choice imagery. In order to honestly assess the character of justice alongside criminal punishment itself and to be able to draw conclusions about how justice manifests itself, this article will succinctly examine several aspects of the criminal justice process, including the policing, prosecutions and legal proceedings, as well as external factors. which sha...... middle of paper ...... as meaningless. This model instead views crime as a simple opportunity for social intervention. Offenders are not viewed as responsible for their actions, but rather as products and, in some cases, victims of events beyond their control (King, 1981). According to this perspective, free will and moral responsibility are pure illusions. Therefore, instead of punishing people who engage in criminal activities, society should find ways to meet their needs by "providing them with the required human social qualities so that they can control their future behavior and thus convert them as law-abiding citizens” (King, 1981). :19). This model refers to the notion of a criminal law without criminal sanctions. He opposes the use of criminal sanctions and considers them unnecessary in the fight against crime and a threat to those subject to them..