Crime is delimit as an act or omission committed against the community at large that is punishable by the state. It is a forever changing area so it can reflect upon societies changing values. The tension within the sinful justice system explores whether the rights of an someone should be infringed to protect a community so they savour safe. In relation to crime, the idea of tension is an issue receivable to the conflicting demands between the victim, accused and society.
An area within the criminal justice system which has areas of tension is sentencing. The guidelines for sentencing are followed from the Crimes (Sentencing Procedure) Act 1999 (NSW). For criminal acts, the type of punishment enforced is aimed to stop the recidivism. If the community is to liveliness safe, applying incapacitation to an offender would be seen as most effective from societies view. Incapacitation refers to do an offender incapable of committing further offences by restricting their freedom. Penalties could accept home detention, community work or imprisonment.
Even though it is effective from societies view, it isnt the best measure to prevent recidivism imputable to the uncertainty of which offenders are likely to reoffend and which are not.
Laws alone would be ineffective without any means to enforce them. The patrol frame of reference part of the executive arm of government and afford a role in the criminal investigation process. The police have the powers to; investigate, arrest, interrogate, gather evidence and search and seizure but police will sometimes need to seek a pattern from the court to be able to use a specific power for e.g. making an arrest. Without use of a warrant the rights of an singular may be breached by unlawfully using their power. An showcase of this is seen in the case of Darby vs Director of Public Prosecutions [2004] NSWCA 431. This case shows...If you regard to get a full essay, order it on our website: Orderessay
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