Thursday, August 8, 2019
Criminalology Case Study Example | Topics and Well Written Essays - 500 words
Criminalology - Case Study Example el also views the community as the center of correctional treatment and feels that by reintegrating the individual back to the society, he/she will quit his/her deviant behaviors and uphold a living that will be beneficial both the him/her and the society (Restorative Justice, n.d.). When the community takes charge in maintaining and reintegrating the members who are deviant, least amount of security is necessary to maintain public safety. Everyone becomes aware that they have an important role to play and so deviance is discouraged. The Rational Basis Test is used to determine whether a law is constitutional. Therefore, according to the test or for a law to pass the rational basis test, it must be established that it is related to a legitimate government interest. So using the test, there must be a rational connection between the regulation and the legitimate interest put forward to justify it. If a law cannot pass the rational basis test, then it translates that it is not legitimate and cannot be used in the criminal justice system. The rational basis test is used mainly in cases where no fundamental rights are at stake. There must be an alternative means of exercising the right. As indicated earlier, the test establishes or tests whether an action taken by the government is reasonable and whether it may be legitimately pursued by the same. In simple words, the action taken must be rationally related to a given government action to be considered legitimate. There must be an alternative means of exercising the right that remains open to the offender. The offender has his rights and so the action taken must not close all avenues that he can use. Otherwise the action will not pass the Rational Basis Test. The social environment has significant effects on the correctional policies. For instance, the community plays a major role in the correction of offenders and most often itââ¬â¢s their failure that makes the person not to be integrated again in the community.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment