Friday, September 27, 2019
Criminal justice Essay Example | Topics and Well Written Essays - 1250 words - 1
Criminal justice - Essay Example This involves considering several factors that cannot be quantified in a simple formula that can be standardized to enable control. Judges also have unreserved authority to decide what type of sentence to impose to eliminate discrimination in the decision making process (Cruz 74). If the judge is allowed to consult external authorities before passing the final verdict, then there is a probability of being misguided by parties that stand to benefit from the outcome of the case. Allowing judges and prosecutors to exercise discretion in their decision making ensures independence of the judicial system. A judge is bound by the law to impose a verdict based on the provisions allowed by the constitution only. Before deciding which sentence to impose, the judge should take into account all the factors related to the case and choose the best punishment that is provided by the law for the offense committed (Cruz 75). On their part, prosecutors should be allowed to determine who to charge with a crime basing their decision on evidence presented to them. Currently, there are cases that have taken years to be concluded due to lack of valid evidence. Prosecutors should be allowed to decide which charges to drop to ensure proper utilization of state resources. In addition, some charges do not qualify to be decided by the judge as they can be amicably resolved by the parties involved outside the court, thus reducing congestion in the judicial system. Part 2 Civil liberties are often abused unknowing by citizens due to the ambiguity of their existence in the constitution. For instance, the freedom of expression is commonly abused by individuals or groups who believe they have the right to express their opinion, which at times might offend others. If citizens can learn to respect each other, then discretion can promote civil liberty in the society. For example, when exercising their freedom of religion, religious leaders should practice restraint in their public utterance to av oid causing animosity among their followers (Gostin 48). Muslims often overstep their religious mandate when they try to force their ideologies on others in a bid to popularize Islam in Christian societies. This has led to conflicts such as the civil war between the Palestinians and Israelites. However, the right to privacy ensures individuals in a society can perform their activities as they please as long as they do not engage in illegal activities. Freedom from slavery and forced labor ensures no individual is held against his or her will and forced to work. In essence, civil liberties ensure members of the society have specific rights that they are expected to exercise with utmost discretion. If individuals in a society learned to respect each other and practice their rights in discretion, then peace and harmony would prevail (Gostin 48). Most social conflicts arise as a result of misunderstandings that occur due to varied interpretations of the limits of freedom specific to an individual. Department heads in an organization should formulate an ethical code of conduct that ensures officers exercise discretion in their duties to avoid civil liabilities. In concise, if officers in each department learned to respect each other, then they would be able to work efficiently together and fulfill their personal needs of freedom. Otherwise, conflicts are bound to occur, thus impacting their output negatively. Part 3 Several psychologists have
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