Criminal justice process in providing justice

Introduction

Justice in its broad sense is the practice that the people receive that which they deserve in the society. the quality of being just; righteousness, equitableness, or moral rightness are followed in making justice through punishment and rehabilitation practice, where the individuals crime is evaluated and the court provide the final report of punishment as per the crime, impacts of the crime social values and ethics (Neubauer and Fradella, 2018). The study aims at understanding criminal justice process, punishment and rehabilitation process for the individuals to make the society crime free. The jurisdiction and judge aim at overcoming the criminal offences happened in the society through ensuring criminal justice. As per the case study, Bradley Wernham was sentenced for five years for at least more than 662 crimes that he admitted to commit in the past years.

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His crimes include the theft of cars, motorbikes and cash worth a total of 1 million over a six-year period and smashing his way into homes, pubs and even a local church. He has also been released after 18 months, which can be decried as a less than one day in prison for hi crime. In 2009, he was spared a prison sentence and was handed a 150 hours of unpaid work on a community order, plus accommodation. Again after one month, he has caught breaking and entering into a house. At that time, the judge said that he had taken a gamble on him and blamed his immaturity for which the rehabilitation scheme did not work for him. In 2018, he died and his death was being treated as not explained, but it is also not suspicious. Criminal justice system can be evaluated in criminal offences of this case of Bradley Wernham in order to identify the punishment process and the scope of rehabilitation.

Investigating types and principles of justice

Rules are grounded in human consensus or societal norms in order to make justice which is mainly an action in accordance with the requirements of the law, values and ethics, ensuring that, all the members can get fair treatment and justice in living in the society by maintaining equality and diversity. Rules are grounded in human consensus or societal norms rules are grounded in human consensus or societal norms are maintained through punishment, rehabilitation and justice (Neubauer and Fradella, 2018). There are different types of justice, including distributive, procedural, retributive, and restorative. The distributive justice is also known as economic justice, where it is concerned in giving all members of society a fair share of the benefits and resource availability. Fair distribution of the resources in the society is crucial to make justice for all the individuals and maintain fairness and equality in the society. On the other hand, procedural justice is concerned in making and implementing decision according to fair process that ensures fair treatment. Implementing fair procedure in central to many dispute resolution cases, where the process includes negotiation, mediation, arbitration and adjudication. Retributive justice appeals to the notion of just desert that is the idea that the people deserve to be treated against their actions in the society (Neubauer and Fradella, 2018). It is a retroactive approach that justifies punishment as a response to past injustice or wrongdoing. The human being becomes engaged in different crime like robbery, theft, where they get punishment and imprisonment decision can be made. By the rules they should be brought to justice and deserve to suffer penalties for their transgressions. Hereby, retributive justice also plays a central role in international legal proceedings, responding to violations of human rights, war crimes and international law (Monk, 2019). For example, any person who commits robbery shall be punished with rigorous imprisonment which may be extended up to ten years and shall also be liable to pay a fine. In case of Bradley Wernham, he has also been sentenced for 5 years, due to theft and property, where he was committed to theft motorbikes and cars, money etc. Hence the types of justice is related to retributive, where the person is getting imprison and also there is imposition of fine to make fair decision.

As per the principles of justice, Justice is related to mutual relationships of persons living in society ad it is based on the values and tradition of the society. Justice is related to all the aspects of human behaviour of the society and the laws are made and rules are set up with the aim of making fair decision (Mayeux, 2018). It aims at providing equal rights, opportunities and facilities to all the members in the society. Justice is the principle of balancing or reconciling human relations in society in such a way, that the person committing crime is getting punishment. Bradley Wernham has also been sentenced for five years, and after 18 months he has released with the hope of attending the rehabilitation entire for improving his actions and mental health. However, he was not interested in attending rehabilitation care and again and again he has committed crimes. For example, he broke window to enter into home for theft. Hereby, imprisonment is the appropriate decision for him, to tackle him and mitigating the crime rate in the society. It is the responsibility of the court and judges to maintain safety and security of the social communities by making the decision of imprisonment of the person, who commit crime again and again in the society. The major principles of justice are equality, fairness and access, where the individuals can access the social resources and public services safety, maintaining fairness in making decision and ensuring equality in the society. Human rights is also ensured under the justice, punishment and rehabilitation, so that the individuals can access the responses, participate in the social activities safely and managing equality and diversity. Autonomy and liberty are also other principles that are maintained efficiently in making fair decision for the individuals who commit crime.

Exploring and applying the aims of sentencing

Sentencing is critical to legitimising the rule of law and maintaining society’s confidence in its justice system, where it meets expectations of the society. As per the criminal justice order, the person is getting sentenced for five years due to robbery and theft of money, bikes and cars. Section 142 of the Criminal Justice Act 2003, which applies only in England and Wales, sets out a more complete legislative statement with the aim of giving punishment of the offenders, reduction of crime in the society, reform and rehabilitation of the offenders as well as providing protection to the public and making of reparation by offenders to person affected by their offences in the society. Hence, the purpose of sentencing Bradley Wernham is to improve awareness, understanding and clarity in how sentencing decisions are reached on the basis of numbers and intensity of crime. It also provides a definitive benchmark of the qualities that all sentences should incorporate and reflect to ensure compliance with international guidelines. It also ensures transparency and may contribute to undermining public confidence in sentencing and the justice system with improved clarity in facilitating consistency in sentencing process as per the crime rate in the society. Fairness requires sentencing to respect the rights of victims, offenders and their families and thus sentencing the person Bradley Wernham ensure fairness and equality in the society where the judge focuses on making fair decision to protect the victims in the society and also mitigate the criminal offences for providing safe and secure place to stay.

It also focuses on meeting the legitimate public desire to punish wrongdoing and to discourage the offender so that the other members can be concerned from committing similar offences in future (Simmons, 2018). The aim of sentencing the offenders is also to make clear society’s disapproval of the offender’s behaviour and reinforces respect for the law. In order to protect the public in the society as well as prevent the offenders from reoffending are also other purposes of such imprisonment decision. There are also community services, which are considered as other punishment, where the offenders are bound to work as unpaid workers with the focus on meeting debt towards society. The judges and policy makers also provide the option of unpaid workers in the society and also rehabilitation care. The aim of the rehabilitation care is to overcome the tendency of committing crimes and improve mental health of the offenders. Bradley Wernham is also transferred to rehabilitation centre for accessing the community services and be engaged in different activities to overcome the tendency of committing crimes and reoffending in the society. However, due to his immaturity and tendency of reoffending, he cannot overcome his mental health and he has also engaged against with reoffending in the society. He has again brought to rehabilitation centre, but he was not engaged with the care and activities. He has also spared and handed over for 150 hours unpaid working activities and accommodation. These are also other types of punishment that he got, with the aim of engaging him with other activities in the society so that he can understand the morale and overcome his mental condition of not committing any crime in the society (Day and Gill, 2020). These different types of punishment are provided to him with the aim of improving his standard of living and providing him a healthy life style with good mental health, so that the overall crime rate can be mitigated and it would be possible to provide safety and fairness to all the social communities.

Identifying the rehabilitation options

There are different rehabilitation programs that are helpful for the prisoners to overcome their physical and mental health to stay a healthy life and improve their standard of living. Providing rehabilitation for inmates offers countless benefits to the individuals and also to the social communities (Hetey and Eberhardt, 2018). Educational rehabilitation is effective program, in which the educational programs are arranged in prison to give inmates a second chance. The inmates who participated in educational programs were 43% less likely to commit a crime and return to incarceration. For example, the computerised programs are effective to develop computer skill and knowledge of the prisoners where they can get second chance to lead their life healthily (Caulkins et al., 2021). They can improve their skill set and gain knowledge to lead a normal life and get employment opportunities. Through the educational programs, it is hereby possible to provide second chance to the offender Bradley Wernham, where the can develop personal and professional skill and get employed in future. Employment rehabilitation is also another important program that provides a scope to the prisoners to get employed and be engaged with the working activities to gain money and lead a normal life. This is helpful to empower them and protect them for ding crime again in the society. Through gainful employment, they can contribute in the society by being productive member. It is also beneficial for them financially and mentally, where they can stay healthily and earn money to improve their standard of living. This rehabilitation process is beneficial to provide them second chance and develop the skills of punctuality, responsibility management, maintaining deadline, being accountable and flexible in working with others and maintaining transparency and fairness in making decision.

In addition to this, counselling rehabilitation is effective for Bradley Wernham, as he has spared to non-paid working activities for getting engaged and overcoming the issues. However, he again commits the same crime by breaking the window and entering into others home for theft. Hence, he needs appropriate counselling to develop physical and mental health, so that he can understand the morale of the life and improve own values and dignity in the society. In the criminal justice, counselling rehabilitation is playing a crucial role in empowering mental health professionals and continuously guide and support the offenders to overcome their mental illness and lead them towards positivity by personal knowledge gain and developing professional skill (Goshe, 2019). the vocational training, academic knowledge gaining activities, developing social skill and improving personal dignity are there in the counselling programs, where the counsellor must communicate with Bradley Wernham and cooperate with him for understanding his perception and guide him to lead a healthy life by earning money, maintaining own dignity and respect in the society. Wellness rehabilitation program is also arranged in prison, in order to engage them in different activities for developing their physical and mental health. there are different physical exercise, anger management practice, mental skill enhancement program, meditation, yoga as well as other programs such as maintaining good nutrition by providing good meals to the offenders, dog raining, culinary classes and gardening, where they can find themselves engaged in productive activities in the society and they start understanding value of life (Akerman, Needs and Bainbridge, 2017). These rehabilitation programs are effective for Bradley Wernham in order to improve his physical and mental health in order to stay healthily and being productive in the society.

Critically evaluating the criminal justice system for achieving justice

The criminal justice system is hereby effective for the jurisdiction and judges to develop justice and protect the society from criminal offences. In case of Bradley Wernham, he has sentenced for five years as he has been doing more than 662 crimes. It is mandatory to protect him in the jail, rather than releasing him after 18 months. It can be considered that, there is justice against the victims in the society, where the court of law and jurisdiction can protect the society from these crimes including theft of cars and motorbikes and robbery. However, it is not justified to release him after 18 months for the un-paid working activities. He was spared from the prison and handed over to 150 days un-paid workers by the community order. There is lack of monitoring and poor supervisions, for which he escapes from the place (Skotnicki, 2019). And again commit crime by breaking the window and entering into the home for theft of money and other things. Hence, there is lack of justice and rehabilitation programs for which he committed crime again. Reoffending the same thing means that the intension of the person is not changed over time even after imprisonment. Hence, there is lack of justice in case of Bradley Wernham, where the court cannot justify the punishment and rehabilitation programs for him. There is lack of rehabilitation programs arranged for him, where it is required to develop wellness and counselling rehabilitation program to develop his physical and mental health. Hence, the justice system is not justified efficiently under punishment and criminal offences. In 2018, according to police, he died and his death was not explained yet and not suspicious, hence, there is lack of justice in this criminal case.

Investigate current issues of sentencing and rehabilitation

The team of rehabilitation and sentencing face several issues in guiding and supporting the offenders in prison. It is the duty of the team to protect them and overcome their mental and physical health issues. The major existing issues are drug crime, human trafficking, mental illness and cybercrime. These are increasing over time due to rising crime rate among the groups across the social communities (Wexler, 2018). There are also other issues such as misleading others in prison, wrongdoing activities, lack of understanding and non-cooperation, poor participation and lack of communication between the team member and the prisoners. Some other common conditions include depression, anxiety disorders, schizophrenia and bipolar disorder, which raise difficulties for the team to control the prisoner and protect them in long run (Ticknor, 2018). There is non-cooperation and poor communication, for which the participation rate of the prisoners in the rehabilitation programs become deteriorated over time. There are lack of participation and internal conflicts, for which the prisoners are suffering from resistance to change. It is crucial for the public service team to overcome the challenges and develops appropriate programs for rehabilitation and supporting the prisoners for providing them second chance (Hovey, Zolkoski and Bullock, 2017).

Effectiveness of public services responding to issues

The public services are responding efficiently against such issues, where through the criminal justice reform, they are utilising latest technology for continuous supervisions and monitoring. Apart from that, there is Information and Communication Technology, through which they can communicate and cooperate with the offenders continuously and support them throughout the time of rehabilitation (Sloas and Atkin-Plunk, 2019). There are several programs designed for the prisoners such as gardening, cocking and other working activities in the centre, as well as vocational training, computer training and employment opportunities so that they can overcome their physical and mental health issues and understand the value of fie. This further provides them a second chance to lead a healthy lifestyle by being productive in the society (Cullen et al., 2020). The public services are hereby promoting community services for the prisoners like Bradley Wernham in order to protect their lives and lead them towards positive ways for mitigating social crime rate. The public services are also effective to mitigate the existing issues and continuously monitoring them and encouraging them to participate in different activities. Continue your exploration of Critical Perspectives on Childhood Trauma and Criminal Behavior with our related content.

Conclusion

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It can be concluded that, the criminal justice system can be managed under legislative structure and the jurisdiction, where judges take appropriate decision of sentencing against the crimes. The individual Bradley Wernham committed crimes like theft of cars and motorcycles as well as robbery and theft of money, for which he has sentenced for five years. After that, he has empowered in non-paid working activities ordered by community service. However, it does not work for him and he again committed the same crime. Hence, there is lack of justice for him and the community services are not appropriate for him to protect the special communities and mitigate the crime rate. The public service team is playing a crucial role in managing the rehabilitation services and it is mandatory for them to utilise latest Information and Communication Technology to communicate and cooperate with the prisoners as well as arrange interactive training and skill enhancement programs for providing them employment opportunities by ensuring their physical and mental health development.

Reference List

Akerman, G., Needs, A. and Bainbridge, C., 2017. Transforming Environments and Rehabilitation: A Guide for Practitioners in Forensic Settings and Criminal Justice. London: Routledge.

Caulkins, J.P., Gould, A., Pardo, B., Reuter, P. and Stein, B.D., 2021. Opioids and the criminal justice system: New challenges posed by the modern opioid epidemic. Annual Review of Criminology, 4, pp.353-375.

Cullen, F.T., Lee, H., Butler, L.C. and Thielo, A.J., 2020. Rehabilitation and redemption: Building a new corrections. In Criminal Justice Theory (pp. 309-335). London: Routledge.

Day, A.S. and Gill, A.K., 2020. Applying intersectionality to partnerships between women’s organizations and the criminal justice system in relation to domestic violence. The British Journal of Criminology, 60(4), pp.830-850.

Goshe, S., 2019. How contemporary rehabilitation fails youth and sabotages the American juvenile justice system: A critique and call for change. Critical criminology, 27(4), pp.559-573.

Hetey, R.C. and Eberhardt, J.L., 2018. The numbers don’t speak for themselves: Racial disparities and the persistence of inequality in the criminal justice system. Current Directions in Psychological Science, 27(3), pp.183-187.

Hovey, K.A., Zolkoski, S.M. and Bullock, L.M., 2017. Mental Health and the Juvenile Justice System: Issues Related to Treatment and Rehabilitation. World Journal of Education, 7(3), pp.1-13.

Mayeux, S., 2018. The idea of the criminal justice system. Am. J. Crim. L., 45, p.55.

Monk, E.P., 2019. The color of punishment: African Americans, skin tone, and the criminal justice system. Ethnic and Racial Studies, 42(10), pp.1593-1612.

Neubauer, D.W. and Fradella, H.F., 2018. America's courts and the criminal justice system. Boston: Cengage Learning.

Simmons, R., 2018. Big data, machine judges, and the legitimacy of the criminal justice system. UC Davis L. Rev., 52, p.1067.

Skotnicki, A., 2019. Conversion and the Rehabilitation of the Penal System: A Theological Rereading of Criminal Justice. London: Oxford University Press.


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