The Conviction And Sentencing Stages Of The Criminal Justice System

1230 Words Jun 13th, 2016 null Page
Judges should take biological factors into account at the conviction and sentencing stages of the criminal justice system for numerous of reasons. These certain factors can affect an individual personality traits linking them to become deviant and eventually committing a crime. These factors can be physical, physiological, chemical, neurological, or genetic. Taking into account that a factor can occur simultaneously or link one to the next. Biological factors are determined by circumstances largely beyond individual control. In this case individuals do not have the free will or choice to commit a certain crime contrast to classical theory. Classical theory states that one has free will or free choice to commit a crime. But the focus should be on experiences that shape their development process causing them to alter their behavior. Biological theories explain behavior by examining genetics and social environment through individual characteristics. Categorizing biological theories with the Positivist School. Positivist School determines what factors beyond an individual control occurred. External influences are identified as being the cause of that particular individual behavior. For example, many theorists justified, born criminals as being one with a certain physical appearance or being generational if they did not score average on an IQ test. These different techniques are taken in context to determine how biological factors have a huge impact on individuals. Instead…

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