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Criminal Justice Case Analysis

   

Added on  2020-04-13

6 Pages1511 Words53 Views
Running head: CRIMINAL JUSTICE Criminal Justice Name of the StudentName of the UniversityAuthor Note

CRIMINAL JUSTICE 11The case of R. v. L.B. (2007) ONCA 596 was one of the most significant cases in 2007. In thiscase the court of appeal had overturned a decision of acquittal provided by the trail court whichif was sustained would have changed the policies of frontline policing forever. The court alsoprovided a powerful message to the criminal justice system with respect to the significance ofschool protection. The court also provided the police with considerable leeway with respect tothe 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 seizedthe hand gun from the student when it was conducting a search based in mere suspension in theschool. It was ruled by the court that it is the duty of police to prevent any crime from escalatingor to prevent the crime from happening in the future. Thus if the police are not given such rightas restricted by the trial court they would not be able to continue with their actual purpose. Thusthe decisions of the trial court have been over turned by the court of appeal. A police officer whohas been told a person that is the person who committed the crime cannot simply go and searchthe other person according to the system. However such system may be detrimental towards theproper application of the role of police which is also to stop the crime before it has occurred. 2The system of American criminal justice has become a theater for the society. Countless TVseries and movies have been fueled by criminal justice. Kids for cash is a documentary whichhad been released in the year 2013 in relation to the "kids for cash" scandal which had beendiscovered in 2008 in Wilkes-Barre, Pennsylvania with respect to judicial kickbacks. In thismovie two judges accepted judicial kickbacks for sending many kids to juvenile detention

CRIMINAL JUSTICE 2centers, when lesser penalty could have been provided. Some of the children had only beenaccused of minor theft such as CDs form Walmart. A clear and direct point has been provided bythe documentary to the involvement of Conahan’s in the scam and the way in which he had beeninvolved in many business endeavors which provided the experience required to orchestrate thescam. The crime has been accepted by the judge Michael Conahan in the film and he is waitingfor a sentence. He had been sentenced for seventeen and a half years as well as a fine if $874000had been imposed on him for restitution. The plea was not accepted by judge Mark Ciavarellaand had been sent to the prison for twenty eight years which was ten years more than the otherjudge. The movie is based on the due process model provided by parker according to which theprimary purpose of criminal justice is to provide procedural fairness and due process under law(Cole et al.). 3Over criminalization When inappropriate penalties are imposed upon individuals without considering the degree ofgravity in the offence the concept of over criminalization takes place. In this situation excessivesentence or punishment is imposed without proper justification. The system is considered as anabuse of criminal justice system. This is because the main motive of providing punishment for acriminal activity is deterrence. Punishment is not provided to cause harm or misery to thepersons committing the crime. The whole life of a person can be wasted in situation where theyhave been imposed with penalties which are much more than a crime committed by them. Thusis a juvenile is provided a three year imprisonment for stealing food from a shop it would beagainst the provisions of the criminal justice system (Reiman, Jeffrey and Leighton).

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