harder side of prosecution in criminal justice

harder side of prosecution in criminal justice

The term the harder side of prosecution in criminal justice refers to when a prosecutor is taking a strict approach to criminal cases. For instance, in no-drop prosecution, the prosecutor has to pursue the case of a domestic violence offender even if the victim is not pushing forward with the case. The softer side of prosecution is when the victim has filed a lawsuit again, an offender and the crime is clear. Here the victim desires the suspect to be prosecuted.

Plea bargaining in criminal justice is the practice of negotiating between the defense and prosecution, where the defendant pleads guilty to the lesser offense when he is charged with multiple crimes. His plead is usually in exchange for more lenient sentencing and the dismissal of the other more considerable charges. While the supporters of plea bargaining believe that it speeds up court proceedings and guarantees convictions, those against it believe that it prevents justice from being served. Due to overcrowding in the criminal courts, judges and prosecutors feel the pressure to move the cases through the system a little bit faster. Through guilty pleas, the criminal trials can be carried out in minutes.

The debate about the legalization of prostitution has been ongoing for years. According to Worrall, legalizing prostitution would ensure that there is a reduction in crimes, increased tax revenue, and helping people out of poverty. Prostitution is not different from other employment in that it is a reliable source of income, thus raises the standards of the prostitutes. While some countries fail to legalize prostitution, Walker contends that it is a victimless crime. Rather than focusing on something that does not cause harm to the economy or the workers, the government should be focused on other criminal offenses such as murder and rape.

When an arrestee is found not to pose a significant risk of flight and has been arrested for a minor offense, they can be released prior to the trials. While the accused can disappear or fail to return to court, there is are various advantages of releasing the accused person to await the next step in the judiciary process. This ensures that the integrity of the judiciary is maintained by securing the defendants for trial, as well as protecting the witnesses and victims. The release begins with a bond or a personal recognizance.

Determining sentencing is a judicial function performed by sentencing courts. The sentencing court imposes sentencing upon the offenders depending on their offense. Even though the sentence of a crime is usually provided in a statute, various factors are considered while determining how the criminal defendant will be sentenced after conviction. These factors include the criminal history of the defendants, whether they were the principal actors or accessory to the crime and mental state of the defendants. The judges determine sentencing most of the time. However, there are some occasions when the jury decides the punishment of the convicted criminal.

Intermediate sanctions are a form of punishment used in the criminal justice system. They are alternate sentencing used to supervise the offenders who are not in probation or incarceration. The offenders are usually released to the community without the concern of public safety. The types of intermediate sanctions include a restriction on some of the offenders’ activities such as traveling, social interaction, and use of alcohol, monetary penalties, education, and work-related penalties and physical confinement measures. The goal of intermediate sanctions is rehabilitation and also reducing recidivism. According to Walker, intermediate sanctions reduce overcrowding in jails due to the presence of offenders of minor crimes. Rather than sentencing them, it is essential to subject them to intermediate sanctions.

According to Worrall, rehabilitation rests on the assumption that criminal behavior is brought about by some factors, including the social environment, biological makeup, and psychological development. Helping to contain these factors would, therefore, ensure that the offenders change their behavior. For instance, if associating with aberrant peers can alter the beliefs of a person in that they start believing in criminal activities such as stealing, diverting them from these delinquent groups can make them change their behavior. Other rehabilitation efforts, including education rehabilitation, employment rehabilitation, and counseling.