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Public Policy, Law, Project, and Program
In the United States, a three-strike law has been passed which is considered as the most controversial law because its applicability is unethical and it is applied inappropriately. California is one of the states in the United States which employs three-stakes law.
Herbert Packer’s Crime Control Model and Due Process Model (400)
People commit crimes, some of them get punishments and some of them escape from punishments by law and courts. Criminals found guilty and get arrested, some of them deny and they do not cooperate with police officers. They try to put efforts to get out of prisons and ensure their freedom with the help of legal ways. The process of ensuring freedom of criminals is referred to as a criminal process, while this process includes some processes in courts which have to be carried out so that the cases will be observed and judged accordingly. Sometimes, there are likely chances that few people do not get justice because of a lack of understanding regarding cases and crimes. In criminal justice, it is important to emphasize empirical studies, so that, justice will be served to innocent people and criminals found of guilt get punishment. These two conditions emphasized the creation and formation of models which suggest punishments according to crime, that has been committed by criminals. The suggested models will work traditionally, they will not find solutions to the problems, but they will be emphasizing on how courts and legal systems work. There is also a likely chance that these models would be considered as good and bad, they are only sources to represent the criminal process by the systems.
The crime model in criminal justice is the model that helps the legal authorities to convict the guilty appropriately and accurately without delaying the justice systems in the courts. This model emphasizes on the law enforcers to avoid any legal misinterpretation against the law system. Crime Model is a model that ensures accurate decision making accurately without violating the rights of individuals ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"JyYwLAAb","properties":{"formattedCitation":"(Macdonald, 2008)","plainCitation":"(Macdonald, 2008)","noteIndex":0},"citationItems":[{"id":537,"uris":["http://zotero.org/users/local/smYQhi21/items/HAPKZCCT"],"uri":["http://zotero.org/users/local/smYQhi21/items/HAPKZCCT"],"itemData":{"id":537,"type":"article-journal","abstract":"This article examines the framework which Herbert Packer devised for analyzing the criminal justice process. Warning against an indiscriminate use of the word “model”—something which Packer introduced, which critics of his work have perpetuated, and which today is commonplace in criminal justice research—it distinguishes three distinct tools which researchers might employ—strong ideal types, weak ideal types and non-ideal types—and underscores the importance of drawing a sharp distinction between empirical work and evaluative work. Exposing other fundamental flaws in Packer’s framework, the article also abstracts two other general lessons for criminal justice research: (1) arguing that a one-dimensional framework like Packer’s is insufficient, it advances the normative claim that a multidimensional framework is needed; and (2) it shows that Packer’s simplistic approach to the analysis of values is ultimately inadequate. So as well as constructing a number of tools which may be used by criminal justice researchers, and offering examples of how they might be employed, the article establishes the general contours of a framework for criminal justice research.","container-title":"New Criminal Law Review","DOI":"10.1525/nclr.2008.11.2.257","journalAbbreviation":"New Criminal Law Review","page":"257","source":"ResearchGate","title":"Constructing a Framework for Criminal Justice Research: Learning from Packer's Mistakes","title-short":"Constructing a Framework for Criminal Justice Research","volume":"11","author":[{"family":"Macdonald","given":"Stuart"}],"issued":{"date-parts":[["2008",6,9]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Macdonald, 2008). This model suppresses crimes by making quick and accurate decisions. If individuals are threatened and are not ensured with justices and quality than, the states and government have the right to protects people living in societies. Failures in the justice system by legal authorities portray that they are violating freedom of individuals and they do not provide justice to people as they should be. To provide justice and freedom to innocent people the legal authorities need to become more efficient.
The Due Process Model, is the model that emphasizes the provision of fairness and to deal with the process of the crime. This helps people in criminal justice to make appropriate decisions by encouraging truth. When this model is compared with the other model this model shows lesser efficiency. This does not provide the decision ability for the conditions, rather it increases the burden on the legal authorities and the government. However, the important factor about this due process model is that they encourage human rights and individuals' rights. This model is appreciated because of its conclusion about the rights of individuals whether they are found guilty or they are innocent. This model makes judgments equally for all people when it comes to human rights and their freedom ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"OqL4VoCJ","properties":{"formattedCitation":"(Aviram, 2011)","plainCitation":"(Aviram, 2011)","noteIndex":0},"citationItems":[{"id":539,"uris":["http://zotero.org/users/local/smYQhi21/items/GKAMIZWD"],"uri":["http://zotero.org/users/local/smYQhi21/items/GKAMIZWD"],"itemData":{"id":539,"type":"article-journal","archive":"JSTOR","container-title":"Law & Social Inquiry","ISSN":"0897-6546","issue":"1","page":"237-261","source":"JSTOR","title":"Packer in Context: Formalism and Fairness in the Due Process Model","title-short":"Packer in Context","volume":"36","author":[{"family":"Aviram","given":"Hadar"}],"editor":[{"family":"Packer","given":"Herbert L."}],"issued":{"date-parts":[["2011"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Aviram, 2011). Sometimes it is believed that it takes care of people belonging to minorities because they are the most ignored people in society and sometimes, they get punishments without having any legal procedures. These models are good if they can be understood properly otherwise, they cannot be taken as a source to seek justice. These are simple models which help legal authorities to make appropriate decisions.
Three strike law is that law that emphasizes the death sentence of those criminals who are suspected with two or more crimes and they are involved in harming the rest of the population in the society. This includes decisions regarding the violent crimes by the criminals, while it is considered that the three-strike law is appropriate for such criminals.
Is three-strikes law appropriate when it comes to human rights?\
Why should states follow three-strikes law?
What do you think about the two models? Are they appropriate?
Several people are suffering from addiction may be because of medicines, or other drugs that harm their physical and psychological health. They may sometimes need help, for that purpose, some organizations help these drug addicts to recover from addiction and they help them to live a healthy life. The first organization is created by the local police which is the psychotherapy center, this helps people by providing them trainings and involves them in healthy activities rather than leaving them on the roads ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"CCm86dkM","properties":{"formattedCitation":"(Friedman, 2016)","plainCitation":"(Friedman, 2016)","noteIndex":0},"citationItems":[{"id":541,"uris":["http://zotero.org/users/local/smYQhi21/items/V3PVHKWV"],"uri":["http://zotero.org/users/local/smYQhi21/items/V3PVHKWV"],"itemData":{"id":541,"type":"article-journal","abstract":"My participation in a 12-step addiction program based on the principles and traditions of Alcoholics Anonymous (AA) has been critical for my leadership development. As I worked to refrain from addictive behaviors and practiced 12-step principles, I experienced a shift from individualistic, self-centered leadership towards a servant leader orientation. I thus consider the 12-step recovery process, which commenced in 2001, a leadership formative experience (LFE) as it had the greatest influence on my subsequent development. My experience of thinking about and rethinking my life in reference to leadership and followership lends itself to a personal inquiry. It draws on work on the12 steps; self-assessments and personal journal entries; and memory of life events. I aim to contribute to the leadership development literature by exploring the influence of participation in a 12-step recovery program and posing it as an LFE, subjects that have received little attention.","container-title":"International Journal for Transformative Research","DOI":"10.1515/ijtr-2016-0009","journalAbbreviation":"International Journal for Transformative Research","source":"ResearchGate","title":"The 12 Steps of Addiction Recovery Programs as an influence on leadership development: a personal narrative","title-short":"The 12 Steps of Addiction Recovery Programs as an influence on leadership development","volume":"3","author":[{"family":"Friedman","given":"Mitchell"}],"issued":{"date-parts":[["2016",12,22]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Friedman, 2016). This training center is lead by the senior citizens from the community because they have more experience and they know better about tackling such situations.
Another program is initiated by the government which is human health and their well-being center. This includes all addicts; any age can be enrolled. They get help from these centers regardless of their age, gender, ethnicity, and geography. The main and positive thing about this center is that it helps those mothers who are addicts and they want to leave this habit ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Bzjf0hIb","properties":{"formattedCitation":"(Hansen, Ganley, & Carlucci, 2008)","plainCitation":"(Hansen, Ganley, & Carlucci, 2008)","noteIndex":0},"citationItems":[{"id":546,"uris":["http://zotero.org/users/local/smYQhi21/items/9RAMQ65Q"],"uri":["http://zotero.org/users/local/smYQhi21/items/9RAMQ65Q"],"itemData":{"id":546,"type":"article-journal","abstract":"Addiction affects us all. It has wide-reaching consequences for the individual, the family, and society as a whole. This article attempts to assist providers and addicts in understanding the road to recovery. Transformation from addiction to recovery is best explained by recovering addicts themselves. In this qualitative study, nine participants describe their experiences with long-term recovery. The transtheoretical model of change (Prochaska & DiClemente, 1983) was combined with Mezirow's (1997) transformative learning theory to structure a framework that highlights the transition of these individuals as they moved from addiction to recovery. This new combination model can be used to anticipate behavior, support, and encourage patients in the change from active addiction to a healthier lifestyle without drugs and alcohol.","container-title":"Research and theory for nursing practice","DOI":"10.1891/0889-7182.22.4.256","journalAbbreviation":"Research and theory for nursing practice","page":"256-72","source":"ResearchGate","title":"Journeys From Addiction to Recovery","volume":"22","author":[{"family":"Hansen","given":"Mary"},{"family":"Ganley","given":"Barbara"},{"family":"Carlucci","given":"Chris"}],"issued":{"date-parts":[["2008",2,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Hansen, Ganley, & Carlucci, 2008). These programs help the citizens to recover from their addiction and live a healthy life and improve their standards of living. They help to involve them in community services and do not encourages any further unhealthy activity.
Justice is seen with different perspectives and there is a different process that is followed to provide justice to criminals. Some of the states discourage three-strikes law because it is considered as anti-human rights and it is true that sentencing any criminal is unethical and it is against their human rights. They also deserve chances and they deserve to live life so there should be some alternative punishments for their guilty.
Some of the states like California follow this because they believe that there should be a lesson for all. Others will stop commit crimes when they will see the criminals dying and having heinous punishments by the state. The rest of the people will get a lesson when they will be subjected to see that wrong actions can bot be forgiven no matter what human rights suggest and says. There will be no granting of other normal punishments or those who are involved in wrong actions.
While according to my opinion there should be alternatives to these laws because people commit crimes because of an unhealthy mind that has to be treated on time people suffer from psychological issues and they have to get treated and it is the duty of health organizations of the state. Adding more, it is also important for the state to provide resources to its citizens so that they will be able to find opportunities for their livings. Some people commit crimes like theft and gunpoint robbery because they lack basic needs. Therefore, the states need to improve the living standards of people to ensure lower rates of crimes. This will also ensure lower inappropriate judgments by the state organizations and legal authorities.
References
ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Aviram, H. (2011). Packer in Context: Formalism and Fairness in the Due Process Model. Law & Social Inquiry, 36(1), 237–261. Retrieved from JSTOR.
Friedman, M. (2016). The 12 Steps of Addiction Recovery Programs as an influence on leadership development: A personal narrative. International Journal for Transformative Research, 3. https://doi.org/10.1515/ijtr-2016-0009
Hansen, M., Ganley, B., & Carlucci, C. (2008). Journeys From Addiction to Recovery. Research and Theory for Nursing Practice, 22, 256–272. https://doi.org/10.1891/0889-7182.22.4.256
Macdonald, S. (2008). Constructing a Framework for Criminal Justice Research: Learning from Packer’s Mistakes. New Criminal Law Review, 11, 257. https://doi.org/10.1525/nclr.2008.11.2.257
