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A Failing Justice System

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Introduction

A Failing Justice System The criminology system has many gaps in it. Because of too many factors affecting the system like genes, anatomy, surrounding environment, season, time; and the deficiency of laws, many felons get away with whereas many innocents go to penitentiaries. Therefore, a reform in this failing justice system is a must. By Oguzhan Atay 9/I Ms. Silvana Vazquez 29/04/2004 Table of Contents ABSTRACT 3 PROLOGUE 6 ON THE INSUFFICIENCY OF THE CURRENT CRIMINOLOGY 6 KNOWN AND UNKNOWN CRIME 6 HARM OF CRIME 7 FEAR FOR CRIME 8 GAPS IN THE SYSTEM 9 On The Defectiveness of Laws 9 Getting Away With It 11 Effects of Mass Communication Media on Criminal Justice 12 The Responsibility of Media 13 THE LITERARY RELATIONSHIP OF CRIME 13 CRIMINOLOGY AS THE BASE OF CRIME PREVENTION STRATEGIES 15 THE CRIMINAL ELEMENT 15 1) THE PHYSICAL-BIOLOGICAL-ANTHROPOLOGIC SIDE 16 a) Cartographic View 16 b) Body Types 17 c) Genetic Factors 18 2) THE PSYCHOLOGICAL SIDE 19 a) The General Point of View 19 b) Treatment 19 3) THE SOCIOLOGICAL SIDE 20 THE CRITICISM OF CRIME PREVENTION STRATEGIES 20 ON THE EFFICIENCY OF PRISONS; PUNISHMENT OR TREATMENT 20 EPILOGUE 21 WORKS CITED 22 ABSTRACT Criminology is the scientific study of crime and criminals. This branch of science is interested in the reasons that form crime and make people commit crimes. However, the more criminology solved the more gaps the justice system is appeared to contain, because criminals also use new techniques and criminology to get away with illegal acts. For ages, within the period of Socrates of 450 B.C. and Kaiser of today, humanity searched for the definition of justice. Plato, in his book "the Republic", tried to make a definition for "just". However, there has not been anyone who genuinely found a perfect interpretation for justice in the history for many factors like gender, age, race, education and genes affected it. ...read more.

Middle

Therefore, to decrease crime rate by making people understand laws, all the law code should be revised and simplified. Moreover, the basis of today's justice system is on the preservation of properties (Picca 70), because capitalism, which considers property significant, is the most common notion in the world (Gen�t�rk). In other words, capitalism affected the whole system to heed the importance of property. However, if the principle that everything is for humans is taken into consideration, "the philosophy of the law code" should be changed to consider property in the second place (Gen�t�rk). As an example, cutting an eye of someone has a punishment of 5 years in prison while taking the glasses of someone is punished by 15 years of imprisonment. This is a very crucial contradiction, and it harms the confidence of people in the system. Last of all, members of the party which is in power should not use their power in advance. Parliamentarians should not favor the laws like "diplomatic immunity" (Justice vs. Social Order). Even if they do, The Constitution Court and civil society organizations should not let them (Gen�t�rk). Otherwise, a privileged group forms in the society, and the concept of equality that constitutes the base of democracy collapses. In conclusion, although legal loopholes cannot completely be closed, some reforms can ameliorate the system a little. Instead of a law code that no one agrees with, a new jurisprudence that is compatible with the morality of the community should be set. By this way, the trust of people in the criminal justice system can be increased. Getting Away With It 8The gaps in the system generate criminals getting away with crimes (Gen�t�rk). The important part is that the most of criminals that escape from punishment are members of the organized crime, so they continue to commit crimes (Hughes). Also, according to the 6th congress of the United Nations on crime prevention, this establishes an injustice system, because some crimes are not punished whereas others are (Picca 53). ...read more.

Conclusion

Secondly, because of many sides of these strategies, an unfair one-sided theory may be established (Demirbas 138). In addition, no theory is true for 100%, and therefore a crime prevention strategy always omits at least 40% of criminals (Gibbs). Moreover, the statistics used are never truly correct20 (Ed: Wassman, "Crime Factors"). Last of all, theories only consider some kinds of crimes. As an example, there isn't any theory that explains traffic crimes (Demirbas 141). Therefore, these factors that affect criminals should not affect the decision of justice. On the other hand, it is shown as case studies that education, employment, controlling of use of alcohol and intensifying moral beliefs in the community can decrease crime rate (lawlink.nsw.gov.au). However, a community without crime is only a utopia (Picca 88). On The Efficiency of Prisons; Punishment or Treatment Although there is no cure known, because of improvement of criminology and naming criminals as ill people, the justice system does not dare to punish felons (Picca 100). Also, prisons do not adequately fulfill the purpose of ameliorating and only send criminals away from the community for a while (Y�ksel). People in the prisons repeat crimes when they go out at the ratio of 70% (Fraser, "Social Work Training and the Rehabilitation of Offenders: Success or Failure?"). Under these facts, amnesty is a very harmful decision. However, states amnesty and set thousands of criminals free only to reoffend, because penitentiaries work with full capacity (Y�ksel). In addition, this damages the confidence of the citizens in the justice system (Demirbas 50). Therefore, a reform in prisons is obligatory (Gen�t�rk). Epilogue In conclusion, increasing crime rate together with decreasing success of police, legal loopholes, deeming crime prevention strategies no longer hopeful, prisons becoming the school of techniques to get away with crimes, irresponsibility of media, defectiveness of laws and increasing fear for crime in the society bring us into the same fact. Today's justice system is failed, and the reforms to establish a new system are urgent and necessary. ...read more.

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