Philosophical and Practical Approach for Balancing Issues Law Essay

International Criminal Justice System
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Criminal Justice
Balancing the Issues of Individual Rights and Public Protection
The history of International Criminal Justice System, particularly the last twenty years, has raised the importance of the line between individual rights and the public protection and balancing the issues. In a democratic state, the public good and individual rights and the matter of balancing between the two scenarios depend upon the judiciary. Meanwhile, our selected legislatures based on election system are accountable for the public good as a matter of welfare. In a republic state, when somebody does a criminal act, the court has a specific, predefined punishment for this unlawful act. A new approach for balancing these issues considers the value of the reward system along with punishment scheme. The framers separate criminals from the public and decide upon their punishment considering the nature of their crime, while the remaining people in the same public who have not done anything wrong get no response. Although staying safe from punishment itself is a reward, the current law enforcement highlights the value of a new philosophy to value the public who never do wrong through a reward system (Criminal justice system, 2014). To balance the two issues of individual rights and public protection, I will encourage the lawfulness through the perspective of punishing and reward as two crucial pillars supporting Criminal Justice Law. To measure the effectiveness of this system through utilitarianism, the communities discourage crimes and improve trust bond between law and people. At last, this reward can be collective covering from a particular group of the people to a whole city, or framers can go with Plea Bargain.
Approach for Balancing the use of Reward and Punishment in Criminal Justice
Usually, rewards fail to assert value in the frame of law enforcement. On the other hand, the emerging philosophies on criminal justice seem to emphasize the value of inclusion of reward alongside punishment. However, rewarding if the courts fail to keep the balance between reward and punishment, can prove assistance to offenders, but they must be a part of the system. Critics opine, when there is a penalty for the wrong, there must be a reward for the right. Another important approach to balance the use of these two responses is Plea Bargains (Criminal justice system, 2014). It works to provide criminals with a milder sentence if they give consent to plead the mastermind or actual guilty. My approach to creating the balance, based on utilitarianism, is similar to Plea Bargains as it does not overburden judges. Also, through this consequential approach, the bigger crime is stoppable if courts succeed to reach the mastermind through milder offenders, because the evidence and proofs against the central authority of criminals are always challenging. It can secure the public good for many cases if not all of them.
Moreover, it can produce a connection between the law and the root of the crimes to purify and protect societies (Criminal justice system, 2014). It has a slight potential to give power to...