How can law enforcement professionals use criminal theory to understand criminal actions

Choose one of the three main branches of the criminal justice system: If you chose law enforcement:

How can law enforcement professionals use criminal theory to understand criminal actions

Features of Criminal Law The life of the criminal law begins with criminalization. On this view, we are not invited to commit crimes—like murder, or driving uninsured—just as long as we willingly take the prescribed legal consequences.

As far as the law is concerned, criminal conduct is to be avoided. This is so whether or not we are willing to take the consequences. It is possible to imagine a world in which the law gets its way—in which people uniformly refrain from criminal conduct.

Obviously enough this is not the world in which we live. These powers and permissions exist ex ante—prior, that is, to the commission of crime. We can add those that exist ex post—once crime has been committed.

By the time cases reach the courts those accusers are typically state officials or those to whom the state has delegated official power. Some legal systems do make space for private prosecutions.

But such prosecutions can be discontinued or taken over by state officials and their delegates. In this way, the state exercises a form of control over criminal proceedings that is absent from legal proceedings of other kinds Marshall and Duff It may seem from the above that criminal proceedings are tilted heavily in favour of the accusing side.

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These typically include the right to be informed of the accusations in question, the right to confidential access to a lawyer, and the privilege against self-incrimination. At least on paper, the procedural protections on offer in criminal proceedings are more robust than those available to the accused in legal proceedings of other kinds.

This is explained in large part by the consequences of criminal conviction. This is to say nothing of criminal sentences themselves.

How can law enforcement professionals use criminal theory to understand criminal actions

Those sentences are typically punishments: This is not to say that suffering or deprivation must be the ultimate end of those who punish. What it cannot be is a mere side-effect. This is one thing that distinguishes criminal sentences—at least of the punitive kind—from the reparative remedies that are standard fare in civil law.

But we can imagine cases in which this is not so: The award may remain a reparative success. It cannot be anything other than a punitive failure Boonin12—17; Gardner Obviously suspicions are sometimes misplaced.

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So it is no surprise that the most destructive powers and permissions are jealously guarded by the criminal law. But a moot court has no power to detain us in advance, to require us to appear before it, or to sentence us to imprisonment.

Force used to achieve any of these things would itself be criminal, however proportionate the resulting punishment might be.

As this example shows, criminal law is characterised by an asymmetry—it bestows powers and permissions on state officials and delegates which are withheld from private persons, such that the latter are condemned as vigilantes for doing what the former lawfully do Thorburn a, 92—93; Edwards forthcoming.

This remains the case—often to the great frustration of victims and their supporters—even if the official response, assuming it comes at all, will be woefully inadequate. Functions of Criminal Law Few deny that one function of criminal law is to deliver justified punishment.

Some go further and claim that this is the sole function of criminal law Moore28— Call this the punitive view. Rules of criminal procedure and evidence, on this view, help facilitate the imposition of justified punishment, while keeping the risk of unjustified punishment within acceptable bounds.

Rules of substantive criminal law help give potential offenders fair warning that they may be punished. Both sets of rules combat objections we might otherwise make to laws that authorize the intentional imposition of harm.

To combat objections, of course, is not itself to make a positive case for such laws. That case, on the punitive view, is made by the justified punishments that criminal courts impose.

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This is not to say anything about what the justification of punishment is. It is merely to say that criminal law is to be justified in punitive terms. Some object that this focus on punishment is misplaced.

The central function criminal law fulfills in responding to crime, some say, is that of calling suspected offenders to account in criminal courts Gardner80; Duff c, This view puts the criminal trial at the centre, not just of criminal proceedings, but of criminal law as a whole Duff a, Trials invite defendants to account for themselves either by denying the accusation that they offended, or by pleading a defence.

The prospect of conviction and punishment puts defendants under pressure to offer an adequate account.How can law enforcement professionals use the social justice principles of equality, solidarity, and human rights to build a more just society? Part 2. If you chose law enforcement: Why do people commit crime?

How can law enforcement professionals use criminal theory to understand criminal actions? How can this understanding inform .

Theories of Law and Criminal Justice. Theories in this category attempt to explain 3. A theory can try to explain crime for a large social unit or area (macro), or it can can understand the difference between right and wrong, and can choose to commit.

In this paragraph I will discuss what crime is by using the text as well as examples from personal experience to describe why people commit crime; I will explain how law enforcement professionals can use criminal theory to understand criminal actions, and I will explain how this understanding can inform their practice%(2).

Nov 26,  · 3. How can corrections professionals use the social justice principles of equality, solidarity, and human rights to build a more just society? 4. Why do people commit crime? 5. How can corrections professionals use criminal theory to understand criminal actions?

6. How can this understanding inform their practice? 7. What are the three main issues that face corrections Status: Resolved. How can a professional in the judiciary use the social justice principles of equality, solidarity, and human rights to build a more just society?

Labeling theory: People in power decide what acts are crimes, and the act of labeling someone a criminal is what makes him a criminal.

Once a person is labeled a criminal, society takes away his opportunities, which may ultimately lead to more criminal behavior.

Theories of Criminal Law (Stanford Encyclopedia of Philosophy)