There are various psychological
theories which are considered like psychological, social and
biological which are considered for taking decisions when punishing
a criminal. There are problems encountered when persecuting
criminals like :
- presence of two criminals found
guilty for a crime but only one criminal is guilty and other is
innocent but both are punished due to a faulty decision.
- There are psychopaths in society
who consider themselves innocent and justified for committing such
crimes as their decision depends upon the decision of
prosecutor.
- mental condition and hormonal
imbalance in a women with biological disorders who is a criminal
for killing her children as she is suffering from biological
diseases.
- Prosecuting those criminals which
are suffering from DSM-IV,V and other mental diseases like
depression and suicidal thoughts.
- lack of available evidence is a
hurdle for prosecutors who give decision according to the federal
government rules and regulations.
- traficcking of drugs with approval
from licensing governmental authority and legalized prostitution
prevent the prosecutors from taking decisions regarding the
criminals in society.
- The level and intensity of taking
decisions by prosecutors can be defended by them depending upon the
intensity of crime and hindered by lack of eye-witness of
crime.
- social construction of criminal
behavior in society and factors which forced a criminal to commit a
crime.
- biological surgery for removing
fertility of criminals interfers with the decision of prosecutors
to decrease their death sentence after analysis of decision by
judge.
There are specific roles of a
prosecutor in the American law system which decides how to punish
criminals. They should have enough evidence to prove criminals
guilty because trauma of criminal behavior causes loss of memory of
victims and they are not able to recognize criminals. They are both
an advocate and a minister of justice for serivng their clients who
believe that they are innocent. The example includes Berger Vs
Indian states. The work of prosecutor is different from an
advocate. Skinner psychological theory believed that punishment is
not inform to reform the behavior and activities of a criminal.
Proper rehabilitation conditions and counseling should be provided
to criminals if they want to return to their community. Prosecutors
intervene on the basis of strength of available evidence and ask
judge about the intensity of criminal punishment with years of
punishment.