Topic > Criminal Sanction - 2392

IntroductionThe high level of activity in the criminal justice system and the resulting productivity arise from a set of interconnected beliefs that the implementation of criminal sanctions against offenders is an essential and useful means of uphold the current moral morality. and political order. The criminal sanction can therefore be considered a reinforcement of moral convictions and social order. This paper, however, will examine both aspects of the application of the criminal sanction. «Used with providence and humanity it is the guarantor of human freedom; used indiscriminately and coercively, it is a threat.' (Packer, 1968:366) Professor Packer uses his knowledge and understanding of the nature of criminal punishment largely to show how much it actually threatens liberty; so the arguments will revolve around this vision. The essay aims to explain Packer's quote and to illustrate examples of criminal sanctions as the "first guarantor" or "first threat" of human freedom. The essay then goes on to explain the rhetoric and reality of justice and intends to highlight the gap that exists between the two. As Herbert Packer identified, the law in books can be quite outdated and detached from reality (Packer, 1968). Its ideal models, namely due process and crime control, will form the cornerstone of criminal justice evaluation. However, other models will be introduced and used to evaluate Packer's picture of value choices. In order to truthfully assess the character of justice along with criminal punishment per se and be able to draw conclusions about how justice manifests itself, this paper will briefly review several aspects of the criminal justice process, including policing, l prosecution and judicial procedures, and external factors. which is...... in the center of the card... as it has no meaning. Instead, this model sees crime simply as an opportunity for social intervention. Offenders are not viewed as responsible for their acts, 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 engaged in criminal activities, society should discover ways to satisfy their needs by “providing them with the human social qualities necessary for them to control their future behavior and thus transform them into law-abiding citizens” (King 1981: 19). This model draws on the notion of a criminal law without criminal sanctions. It opposes the use of criminal sanctions, considering them not useful in containing crime and dangerous for those who suffer them..