Criminal Justice for Ideology and Class- myassignmenthelp.com

Question: Discuss about theCriminal Justice for Ideology and Class. Answer: The case of R. v. L.B. (2007) ONCA 596 was one of the most significant cases in 2007. In this case the court of appeal had overturned a decision of acquittal provided by the trail court which if was sustained would have changed the policies of frontline policing forever. The court also provided a powerful message to the criminal justice system with respect to the significance of school protection. The court also provided the police with considerable leeway with respect to the investigation of alleged possession of gun in school campuses through egregious conduct" rule. In this case a loaded hand gun was found in the possession of a student. The police seized the hand gun from the student when it was conducting a search based in mere suspension in the school. It was ruled by the court that it is the duty of police to prevent any crime from escalating or to prevent the crime from happening in the future. Thus if the police are not given such right as restricted by the trial court they would not be able to continue with their actual purpose. Thus the decisions of the trial court have been over turned by the court of appeal. A police officer who has been told a person that is the person who committed the crime cannot simply go and search the other person according to the system. However such system may be detrimental towards the proper application of the role of police which is also to stop the crime before it has occurred. The system of American criminal justice has become a theater for the society. Countless TV series and movies have been fueled by criminal justice. Kids for cash is a documentary which had been released in the year 2013 in relation to the "kids for cash" scandal which had been discovered in 2008 in Wilkes-Barre, Pennsylvania with respect to judicial kickbacks. In this movie two judges accepted judicial kickbacks for sending many kids to juvenile detention centers, when lesser penalty could have been provided. Some of the children had only been accused of minor theft such as CDs form Walmart. A clear and direct point has been provided by the documentary to the involvement of Conahans in the scam and the way in which he had been involved in many business endeavors which provided the experience required to orchestrate the scam. The crime has been accepted by the judge Michael Conahan in the film and he is waiting for a sentence. He had been sentenced for seventeen and a half years as wel l as a fine if $874000 had been imposed on him for restitution. The plea was not accepted by judge Mark Ciavarella and had been sent to the prison for twenty eight years which was ten years more than the other judge. The movie is based on the due process model provided by parker according to which the primary purpose of criminal justice is to provide procedural fairness and due process under law (Cole et al.). Over criminalization When inappropriate penalties are imposed upon individuals without considering the degree of gravity in the offence the concept of over criminalization takes place. In this situation excessive sentence or punishment is imposed without proper justification. The system is considered as an abuse of criminal justice system. This is because the main motive of providing punishment for a criminal activity is deterrence. Punishment is not provided to cause harm or misery to the persons committing the crime. The whole life of a person can be wasted in situation where they have been imposed with penalties which are much more than a crime committed by them. Thus is a juvenile is provided a three year imprisonment for stealing food from a shop it would be against the provisions of the criminal justice system (Reiman, Jeffrey and Leighton). Selective prosecution is a situation where an individual is selected for the purpose of prosecution where as others are not. The situation acts as a procedural defense in the process of jurisprudence where an argument can be provided by the defendant that he or she should not be criminally liable as they have been discriminated for being selected to be prosecuted. An argument is provided by the defendants in this case that they should not be relevant even if they are found guilty as others who have been involved in the same offence have evaded punishment because of any attribute such as age (Schmalleger et al.). According to the concept of three felonies a day, normal citizen who live a common life committee several criminal activities in the normal course of living due to the nature of the federal crime. The implementation of these crime are impossibly vague and broad. In this article an argument has been provided by the author that the colleges have no right to limit the freedom of speech by the students. Freedom of speech has been provided the constitution and is protected by the first amendment to the constitution. However there are exceptions where the protection under the freedom of speech is not applicable to the individuals. The colleges using such exceptions restrict the freedom of speech for the students. However according to the crime control model in criminal justice system emphasis has to be put upon the reduction of crime in the society and the colleges may argue that the speech have been restricted to prevent crime from taking place as unlimited freedom of speech in college may initiate anger and incite the students against the management and may also create an unpleasant environment which would be contrary to the environment of studies. However the colleges must not imposes restrictions in such a way as to prevent the students from e xpressing their voice against any issue faced by them in college or against the managements decisions which are contrary to their interest. Imposing restriction on speech in early stages of life would produce citizens who would be afraid to raise their voice against any wrong in the future. It may be beneficial to prevent apprehended criminal activities however its effects would bring much more detriment to the society (Maxfield, Michael and Babbie). In the case of Canada (AG) v Bedford 2013 SCC 72, [2013] 3 SCR 1101 the Supreme Court ruled about the laws in relation to sex workers. The applicants Lebovitch, Valerie Scott and Terri-Jean Bedford had provided an argument that the laws in relation to prostitution in Canada were not in accordance to the constitution. A number of provisions are included in the criminal code which include the operation of a bawdy house, outlaw of public communication for the purpose of prostitution and availing of prostitution were legal. The right to security as argued by the applicants was deprived from the sex workers as they had to carry out their activities secretly. The criminal justice model of equality was in question in this case as the sex workers although legal were not treated equally by the security system as compared to other citizens. In this case the court had struck down the prostitution laws of the country specially section 210, 212(1)(j) and 213(1)(c). The decision had been provided significant support by the public and was only opposed by 34% of the citizens. However the laws were changed further by the Supreme Court with respect to dining the concept of rule of law and equity for all in relation to the legal provisions. The judgment provided by the Supreme Court is a prime example through which the judges may implement principles of criminal justice in the legal system. References Canada (AG) v Bedford 2013 SCC 72, [2013] 3 SCR 1101 Cole, George F., Christopher E. Smith, and Christina DeJong.The American system of criminal justice. Nelson Education, 2015. Maxfield, Michael G., and Earl R. Babbie. Research methods for criminal justice and criminology. Nelson Education, 2014. v. L.B. (2007) ONCA 596 Reiman, Jeffrey, and Paul Leighton. The rich get richer and the poor get prison: Ideology, class, and criminal justice. Routledge, 2015. Schmalleger, Frank, et al.Criminal justice today. Prentice Hall, 2014.