CULT1024 Introduction to Criminal Justice
- 1.Compare and contrast individual autonomy with community welfare. Provide an example for each.
Individual autonomy is referred to as a person's capacity for making decisions as well as taking actions based on their individual beliefs and values. It is usually linked with related concepts like self-determination, independence, and freedom. The example includes informed consent within medical ethics and is reflected as individual autonomy. The right is obtained by patients for making decisions with regard to their individual healthcaredepending on their conditions understanding as well as the potential options of treatment. Community welfare can be understood as the well-being, health, and life quality of an entire community. It includes considerations related to mutual aid, equality, and social justice. The example comprises vaccination programs introduction and adoption within public health which focuses on community welfare. Hesitancy can be shown by few people with regard to vaccines; the adoption of this kind of program can be justified by advantages to the community on grounds of disease prevention and herd immunity (Lydahl & Hansen Lfstrand 2020).Overall, it can be obtained that while community health gives a major emphasis on societal well-being and the collective good of people, autonomy focuses on decision-making and personal freedom.
- 2.Define discretion and evaluate its strengths and weaknesses during the police investigation stage.
Discretion within law enforcement is known as the authority granted specifically to police officers for the purpose of making decisions. This comprises decisions with regard to whether it is necessary to apply force arresting a suspect as well as knowing the process for conducting investigations.Its key strengths include flexibility, justice, and efficiency. In relation to flexibility, police officers are allowed through discretion for adjusting their response in a manner that will fulfill every circumstance's extraordinary situation. Law enforcement can be effectively carried out through flexibility.Efficiency is also brought in a manner as police officers are allowed through discretion for prioritizing their potential resources based on the crimes which are most serious.Major weaknesses or limitations of discretion include inconsistency, less accountability, and bias. The application of discretion shall result in bringing inconsistency within law enforcement comprising various officers engaged in forming various types of decisions within relevant circumstances (Charman & Williams 2021).Furthermore, the personal biases of an officer can majorly influence discretion and can result in the law's discriminatory enforcement. Besides this, without precise guidelines particularly for discretion utilization, it shall be considered complex for holding accountability officers for the decisions undertaken by them.
- 3.The right to silence should always be preserved and respected. Discuss.
The right to silence can be identified as a primary protection specifically against self-incrimination. It is usually observed as one kind of safeguardor protection against protecting individual liberties and self-incrimination. Arguments to preserve the silence rights include it makes sure that people are not pressurized for offering evidence or proof against themselves as this can set the foundation of just trial rights. The incorporation of this principle is within the U.S. Constitutions Fifth Amendmentand the European Conventions Article 6 based on Human Rights.The right to obtain silence shall take action as one kind of protection against procedures of coercive interrogation. The application of psychological or physical pressure for extracting confessions can be prevented by this right for extracting confessions which can also not showcase reliability.Arguments against the preservation of the silence rightinclude hindrances or limitations to investigations. Law enforcement can be prevented through this issue to obtain noteworthy data that might result in collecting the truth (Daly et al. 2021).A major concern is also obtained that silence rights might be misused by the people whose desire is to avoid justice. The same shall be utilized as a protecting guard by guilty people for ignoring to answer certain incriminating questions.
- 4.Evaluate the out-sourcing of criminal justice. Consider whether the shift away from conventional policing and the expansion of new bodies is effective.
Criminal justice outsourcing denotes the practice of assigning particular functions traditionally that the agencies of public law enforcement perform to several private entities. Different factors play a major role in driving this alteration from conventional polishing that comprises budget constraints as well as the requirement for unique skills together with the necessity for enhancing efficiency. Outsourcing shall result in potential cost savings and it can be observed that private corporations can work at reduced cause because of scaling economics along with bringing flexibility in labor practices. Extraordinary services can be delivered by private entities that could stay beyond the capability in relation to agencies of public law enforcement. Outsourcing also contains certain limitations like private entities cannot be conditional to the relevant accountability and public scrutiny level just like agencies of public law enforcement. The drive in order to obtain revenue can result in compromises or challenges within service quality that private entities usually offer. The particular shifts effectiveness towards outsourcing from conventional polishing can be understood as complex to determine definitively (Singh 2022). This is because it relies on a variety of factors such as particular services that shall be outsourced, and private entities' capabilities to be engaged together with the framework of regulation in place.
- 5.Outline the ways in which the presumption of innocence can be undermined prior to the commencement of trial. Are there ways in which this can be avoided?
The presumption of innocence can be identified as a basic principle within the lawful system asserting the fact that an individual can be considered innocent unless it is guilty proven. It shall be undermined by a few examples like media influence and pre-trial detention. An essential part is played by the media to undermine the innocent assumption, for example, when an individual is accused in relation to a crime and information is published by the media that presents their guilt in front of a trial. Further, public opinion can be effectively influenced by it and significantly the decision of the jury. The innocence presumption can also be undermined by the Pre-trial detention processes. For example, if allowance is provided by an individual within custody specifically before the presentation of trial, a guilt impression can be created by it (Sachoulidou 2023). The innocence presumption could be avoided in specific situations when the kind of assessment presented in front of the court should be impartial, objective, and rational for disproving innocence's presumption as well as generating certainty with regard to criminal responsibility. It shall be further reiterated by the Court that within criminal proceedings the proof burden shall be borne by the State.
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