5. Why can criminal justice in the United States be referred to as a system that is not systematic? There is a lack of joint planning and budgeting, or even systematic consultation, among the various agencies responsible for criminal justice. 7.Why cant it be determined whether a probationer or parolee has been rehabilitated by the absence of a new conviction? Consider that most reported crimes do not result in an arrest and conviction, futhermore, national crime victimization surveys reveal that most crimes are simply not reported to the police.
9. How did the classical concept of a social contract challenge disparate justice? The disparate practices of meeting out justice were forcefully challenged in the eighteenth century with the advent of classicalism. During this era, philosophers, such as Montesquieu and Voltaire, spoke out aganist the French penal code and inhumane and ineqitable punishments. Jean Rousseau and Cesare Beccaria argued for a radical concept of justice based on equality. At a time when laws and law enforcement were unjust and disparate and punishments was often brultal, they demanded justice based on equality and punishment that was humane and proportionate to the offence.
11. How does neoclassicalism in criminal justice differ from classicalism? classicalism argued that law should respect neither rank nor station-all men are created equal-and punishment should be meted out with a perfect uniformity and in proportion to the offense. Neoclassicalism differs from classicalism because it maintains the basic belief in free will while paving the way for entry of mitigation into criminal justice by considering three areas, past criminal record, insanity and retardation, and age. Punishment can be justified only if crime is freely chosen, intentional, and rational. 13. How does determinism conflict with the concept of punishment? Punishment can be justified only if crime is freely chosen, intentional, and rational. Determinism conflicts with this because determinism suggest a lack of choice, particularly the belief that ones behavior is determined by physiological or psychological variables.
15. How does the standard of evidence in a criminal trial differ from that of a probation or parole revocation hearing? Every jury is told that the facts pointing to the guilt of the defendent must be established beyond reasonable doubt, as opposed to the preponderance of the evidence, which is the standard in the civil and some juvenile cases as well as probation and parole revocation hearings. 17. What are the sources of information for the preparation of presentence report? the source of information comes from court records, examine other reports, such as psychiatric and school records; and interview the defendent, spouse, employer, arresting officer, and victim. information from from the presentence investigation will be prepared in the from of a written preparation of presentence report.