Paper Example on Lawful Interventions

1) The American constitution has served as a basis for the formation of the legal laws as well as reforms that have helped in the reduction in crime rates and the conviction of the citizens. The exclusionary rule to begin with is among the rules that have been created under the basis of the constitution which has directly affected the type of evidence that is supposed to be presented in the court of law where the type of evidence that has been collected and which tend to threaten the rights of the defendant are rejected in the court of law. This is the effort made by the judiciary in the effort of protecting the constitutional rights. Despite the small impacts made the rule, it also serves in the language of the constitution specifically the Fifth Amendment's command where one is deprived of property, liberty and life only through following the legal process. Also, a person is not allowed to give an account of witness aiming at themselves. This constitution protection has seen its impact in the country over the years. Secondly, the supreme law in the country had made the ruling that there must be the run-through related to the judicial system before the presentation of the confessions made by the person that has been placed under custody (Mentalfloss.com, 2018). This is in the process of offering guidance to the manner in which a person is to be Mirandized while in custody through the lawful process. These two rules and amendments in the judicial system have helped in shaping the treatment of people's rights in the country though the impacts are not 'screaming'.

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2) The death penalty which is also the capital punishment has been incorporated in the American judicial system where the people charged with serious crimes in the violation of the country's law are sentenced to death (Deathpenaltyinfo.org, 2018). The punishment, however, has proved not to be deterrent to crime as seen through the research conducted with the information generated from criminologists in America. Through the research, it is clear that 88% of the criminologists confirmed that there is no crime prevention with the capital punishment where in real sense, the punishment is set to cause more harm on the convicted criminal as the politicians only use the punishment not to reduce murder cases but to show off their levels of toughness.

3) a ) In the effort to save the resources of punishment, there is the selective incapacitation where there is the selection of offenders according to the level of threat that has been posted to the society. On the other hand, there is the locking of a big group of criminals but not under the basis of the background criminal record (Quizlet, 2018). Through this, there is the emergence of shock incarceration which is the period where one is exposed to the nature of prison for a short time then released back to the society threatened from the experience thus reducing the crime rates. Since the two methods are not very effective in the reduction of very serious crimes, there are other substitute methods that can be involved to save the situation. There is the need to avoid repressive policies as well as make changes in the judicial punishment system (Larsson, 2018). Social correction centers such as the community service centers can be used to solve crimes of lower magnitudes thus protect the capacity of the prisons wand at the same time, offer a chance of correction to the charged people.

b) The prisons act as the confinement facilities for people who have been charged with different crimes. However, there is the need to consider the mental state of a person before sentencing them to imprisonment as they deserve to be treated differently from the normal ways. This, therefore, calls for the need to involve the institutions where the people with mental conditions can be admitted to serve the time while under close supervision which are not the conditions present in the normal prisons.

4) There are several cases of exoneration that have taken place within the country and a good example is James Brian who is a male Florida citizen and who was set free after serving thirty-five years in prison (Edition.cnn.com, 2018).His release came about as a result of the DNA test made and which proved that he did not participate in the rape crime as sentenced involving a boy aged nine. This is a proof that there was minimal evidence used in the court of law during his prosecution and the false evidence led to his imprisonment. Therefore, the above-discussed rules passed in the justice system are set to help in the prevention of similar situations. There is a need for the justice system to take into consideration the use of scientific evidence in the court of law in the effort of increasing the reliability of the evidence presented in the courtroom. The evidence presented is however supposed to be fully tested and proved to be true under the lawful procedures and thus can be relied upon. In addition, the police officers caught in the action of planting evidence as well as the prosecutors that seem to withhold the testimonies are supposed to go through the same channel of law just like the rest of the citizens. There is the requirement of pressing charges.

5) The results which tend to show the existence or absence of a situation is guided by the conditions surrounding the situation. This, therefore, means that there are factors that are bound to affecting the results such as education and social backgrounds. There is the need to put the conditions in consideration while making the evaluations and tests before the presentation of the result to the court of law.

References

Mentalfloss.com. (2018). 10 Facts About the Miranda Warning You Have the Right to Know. [Online] Available at: http://mentalfloss.com/article/86769/10-facts-about-miranda-warning-you-have-right-know [Accessed 2 Nov. 2018].

Deathpenaltyinfo.org. (2018). Study: 88% of criminologists do not believe the death penalty is an effective deterrent | Death Penalty Information Center. [Online] Available at: https://deathpenaltyinfo.org/study-88-criminologists-do-not-believe-death-penalty-effective-deterrent [Accessed 2 Nov. 2018].

Quizlet. (2018). Incapacitation Types Flashcards | Quizlet. [Online] Available at: https://quizlet.com/37904085/incapacitation-types-flash-cards/ [Accessed 2 Nov. 2018].

Larsson, N. (2018). 24 ways to reduce crime in the world's most violent cities. [Online] the Guardian. Available at: https://www.theguardian.com/global-development-professionals-network/2015/jun/30/24-ways-to-reduce-in-the-worlds-most-violent-cities [Accessed 2 Nov. 2018].

Edition.cnn.com. (2018). Florida man exonerated, freed from prison after 35 years - CNN.com. [Online] Available at: http://edition.cnn.com/2009/CRIME/12/16/florida.dna.exoneration/index.html [Accessed 2 Nov. 2018].