Ideology
The Conservative Perspective
The conservative perspective is an approach that supports the long established practices to underline stability. These traditional practices have been developed organically and apply to crime very simply. The conservative perspective states that generally people commit crimes because they believe that they can get away easily even after committing it, so in order to reduce crime the severe punishment should be given in order to outweigh the pleasure received from committing a crime. An example can be that a murderer should be hanged till death instead of being imprisoned so that this sets an example for others of not to commit murder as the punishment is severe.
Discretion
Discretion is the authority of a person to make decisions or act in different situations based on hisher opinion or judgment. The decision should be made within the common legal principles. The ability of a court or judge to make decisions on hisher view under the values of law is known as judicial discretion. Prosecutorial discretion refers when a prosecutor has different choices on hand during a criminal case. The criminal law states that discretion is the power one possesses to differentiate between what is right and wrong. An example to explain the concept is that a police officer stops a person for breaking a minor law and it is on his discretion whether to fine or leave the person with a warning.
Discrimination
Discrimination means a treatment or consideration taken in favor of or against, a person or thing based on the group, class, or category to which that person or thing belongs rather than on individual merit. Discrimination can occur due to some law or traditional practice that gives benefit to a certain class or prohibits privileges to certain class because of their nationality, age sex or religion. Title VII of the Civil Rights Act of federal law, forbid discrimination in employments based on any distinctive characteristics. In United States of America according to the fifth and fourteenth amendments the constitution provides protection against discrimination done by federal government. For example if any particular person is being deprived of life, liberty or property than Fifth Amendment guarantees that the person gets the rights they are deprived of.
Persuasion
Persuasion is a type of social sway. It is used to direct people and oneself to acceptance of a thought, mind set or action. In criminal law persuasion plays a vital role in order to bring justice. The prosecutor has to persuade the jury that defendant is guilty and should be punished. If the jury is not convinced that the defendant is guilty, than the verdict is made in favor of the defendant and heshe is not found guilty. For example if a person is charged for murder than the prosecutor must persuade the jury with evidence that the charges are true and accordingly the punishment should be given.
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