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What are the aim and purpose of sentencing
What are the aim and purpose of sentencing
Sociological understanding about crime
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Crime is considered commonplace in contemporary Britain; furthermore, many members of society may become a victim of crime at some point in their lives. Durkheim (1938) even suggested that crime is a normal function; it sets boundaries to the rest of society. Many experts have expressed their fascination with crime and their need to understand criminal behaviour; thus, the science of criminology was born. Criminology is fundamental in understanding criminal behaviour and the effect it has on the law and the society in which we live (Williams, 2012). Moreover, the theoretical approaches of criminology play an essential ingredient in the understanding of offending and criminal behaviour. Therefore, this essay will focus on describing two …show more content…
For instance, classicism was responsible for the birth of ‘due process’ meaning everyone has a right to a fair and speedy trial by an impartial judge. Torture and capital punishment became less favoured; alternatively, prisons became the preferred method of punishment, stressing the emphasis on deterrence. Moreover, sentencing started to fit the crime; a balance was finally becoming apparent (Newburn, …show more content…
Whereas classicism concentrated on the offence and the free will of the offender, positivism concentrated on the offender and the fact that their behaviour was determined because of biological and psychological influences (Newburn, 2013). Furthermore, positivism responded to crime by seeing it as an illness that needed to be treated, a stark contrast to classicism’s promotion on punishment. Positivism branches off into three types of theory - psychological, sociological and biological. Outlined, the psychological theory looks at internal factors such as learned behaviour and criminal personality. The sociological theory takes into account culture, society and certain agents of socialisation (Burke,
During the 1970’s to the early 1990’s there had emerged two new approaches to the study of crime and deviance. The discipline of criminology had expanded further introducing right and left realism, both believe in different areas and came together in order to try and get a better understanding on crime and prevention. There were many theorists that had influenced the realism approaches such as; Jock Young (Left Wing) and James Wilson (Right Wing).
This system, therefore, had two effects. In my opinion, Right and wrong are inherited in the nature of things, and people cannot deny that. The punishment must be proportional to the crime. There should be as few laws as possible. With neoclassical criminology, people are to be protected from actions that would kill them an in my opinion it is not just.
What would the criminal justice system be without punishment? Perhaps, the criminal justice system would not serve a function or cease to exist. Punishment is one of the main facets of the criminal justice system. It holds such significance that it even reflects the beliefs and values of a particular society. Fyodor Dostoyevsky (1821-1881) once said “The degree of civilization in a society can be judged by entering its prisons.” (Pollock, 2010: 315). Punishment has been around since the beginning of civilization. With its rich history, the concept of punishment has been analyzed by some of the most renowned theorists, some of which include Jeremy Bentham, Cesare Beccaria, Adolphe Quetelet and André-Michel Guerry (Pollock, 2010: 318). Once found guilty of an offense the type of punishment must be determined. There are many different rationales used to answer why it is necessary to inflict punishment. Rationales for punishment include retribution, prevention, treatment and rehabilitation. To better understand these rationales ethical systems such as utilitarianism, ethical formalism and ethics of care can be used. The general public should be knowledgeable about punishment, even more so should professionals in the criminal justice field because they are directly linked to it in some way.
Criminological theories interpret the competing paradigms of Human Nature, Social Order, Definition of Crime, Extent and Distribution of Crime, Causes of Crime, and Policy, differently. Even though these theories have added to societies understanding of criminal behaviour, all have been unable to explain why punishment or treatment of offenders is unable to prevent deviancy, and thus are ineffective methods of control. The new penology is a contemporary response that favours the management of criminals by predicting future harm on society. However, all criminological theories are linked as they are a product of the historical time and place, and because of their contextual history, they will continue to reappear depending on the current state of the world, and may even be reinvented.
Up until the 19th century, Classicist ideas dominated the way in which people looked at crime. However during the late 19th century a new form of “scientific criminology” emerged, called Positivism (Newburn, 2007). Positivism looked at the biological factors on why someone would commit a crime, this involved looking at the physical attributes of a person, looking at their genetic make-up and their biochemical factors.
Although we have a general definitions of crime, some criminologists argue that crimes is better placed within the concept of social harm, Stuart Henry and Mark Lanier (1998) as quoted in Muncie, Talbot and Walters (2010). pp 16-17 were leading authors who done just that. Criminologists such as “Tifft, 1995 an...
Many of the traditional criminological theories focused more on biological, psychological and sociological explanations of crime rather than on the cost and benefits of crime. More conservative approaches, including routine actives, lifestyle exposure and opportunity theories have clearly incorporated crime rate patterns as a fundamental part of analyzing the economics of crime. Crime statistics are important for the simple reason that they help put theories into a logical perspective. For example, a prospective home owner may want to look at crime rates in areas of potential occupancy. On a more complex level, it helps law enforcement and legislators create effective crime reduction programs. Furthermore, it also helps these agencies determine if crime prevention programs, that have been in effect, have been successful. There are many factors that influence the rates of crime including socio economic status, geographical location, culture and other lifestyle factors. More specifically, Messner and Blau (1987) used routine activities theory to test the relationship between the indicators of leisure activities and the rate of serious crimes. They discussed two types of leisure actives, the first being a household pastime, which primarily focused on television watching. The second type was a non-household leisure event which was consisted of attendance to sporting events, cinemas, and entertainment districts. The focus of this paper will be to study the effects that substantial amounts of leisure activities have on the offender and the victim. Leisure activities not only make a crime more opportunistic for offenders, it may also provide offenders with motivation to engage in criminal activity. On the other hand, it may also be argue...
Newburn, T., (2013) Criminology Tim Newburn. (2nd ed). 2 Park Square, Milton Park, Abingdon, Oxon 0X14.4RN: Routledge.
The classical school is not concerned with why criminals are criminals, but seeks to reduce crime by using punishment as a means of deterrent, on the basis that individuals will choose to exercise their own free will and will employ rational decision making. By contrast, Ceasare Lombrosso (1835 – 1909) and the positivist school dismissed such ideas and theorised that criminality is a personality trait that one is born with and can be diagnosed by certain physical appearances, and is thus a more scientific method of establishing the reasons for criminal behaviour. However, this essay will concentrate on the strengths and weaknesses of the classical school.
Criminology is the study of crime and criminals; a branch of sociology. More accurately, it is the study of crime as a social trend, and its overall origins, its many manifestations and its impact upon society as a whole. That makes it more a form of sociology than a law enforcement tool. But the trends it studies have a huge impact on the way the police do their jobs, the way society treats its criminals, and the way a given community goes about maintaining law and order. The writer will describe and give examples of the three perspectives of viewing crimes. The perspectives that will be highlighted are the consensus view, the conflict view or the interactionist view. Each perspective maintain its own interpretation of what constitutes criminal activities and what causes people to engage in criminal behaviors (Siegel, p.12).
Criminology is the study of why individuals engage or commit crimes and the reasons as to why they behave in certain ways in different situations (Hagan, 2010). Through understanding the reasons or why an individual commits a crime, one can come up with ways to prevent and control crime or rehabilitate criminals. There exist a large number of criminology theories, some link crime to an individual or person; they believe a person weighs the cons and pros and makes a conscious decision on whether to commit or not commit a felony. Others see the society as having a duty to make sure that its members do not engage in criminal acts by providing a secure and safe living place. Some claim that some people have hidden or dormant characteristics that determine their reaction or behavior when confronted or put in particular negative conditions (Akers & Sellers, 2012). By understanding and studying these theories, together with applying them to people, psychologists and authorities can prevent criminals from committing or repeating crimes and aid in their rehabilitation. As many theories have emerged over time, they continue to be surveyed and explored, both individually and in combination in order for criminologists to develop solutions and eventually reduce the levels and types of crime. The most popular criminology theories emphasize on the individual, positivist and classical traits. This paper will explore the classical theory, which is among the earliest theories in criminology.
The Law today is a summary of various principles from around the world from the past and the present. Early practises of law were the foundation of the law that we know and abide by today. These practises were referred to as the Classical school. Over time however, different criminologist have altered and greatly improved the early, incomplete ideas and made them more complete and practical to more modern times. This newer version is referred to as the Positivist school. This rapid change from the classical to the positivist perspective was due to the change and growth of civilization. Even though one perspective came from another, they are still different in many ways and it is evident when relating them to section 462.37, Forfeiture of Proceeds of Crime, and section 810, Sureties to keep the Peace. The Classical School of criminology’s time of dominance was between 1700 and 1800. Its conception of deviance was that deviance was a violation of the social contract. Classical theorists believed that all individuals were rational actors and they were able to act upon their own free will. A person chose to commit crimes because of greed and because they were evil. The primary instrument that could be used in regards to the classical school to control crime was to create “criminal sanctions that instil fear of punishment in those contemplating criminal acts” (Gabor 154). Classical school theorists believed the best defence was a good offence and therefore they wanted to instil so much fear into people about what would happen to them if they were to commit a crime that even those who were only thinking of committing a crime were impacted greatly. The classical school individuals operated entirely on free will and it was their ...
It also advocated for the abolition of the death penalty. Discretion used by judges was unlimited, which saw extremely inconsistent and harsh penalties applied to offenders, with disadvantaged offenders being given much harsher penalties than those offenders with a higher social status (Monachesi, 1955). The Classical School of Criminology worked off four main principles: firstly, that individuals act according to their rationality and their own free will, secondly, individuals will weigh up the benefits of committing the crime and compare the benefits to the consequences if they are caught, thirdly, the severity of the punishment must be tied closely with the severity of the crime to act as a deterrent to others and finally, the punishment must be carried out swiftly in an attempt to deter and reduce further crime (Jenkins,
The Classical school of criminology was a response to cruel and public executions which were imposed by criminal justice system of 18th century in Europe. During Middle Ages punishments were cruel, inhumane and brutal. Common punishments included beheading, torturing, burning alive, stoning, quartering. However, compare to those times these punishments were widely accepted and did not see to be harsh. The age of Enlightenment began, and philosophical works made a major contribution to the classical school of criminology. Classical school of criminology was developed by influential philosophers Jeremy Bentham and Cesare Beccaria, also known to be the founding Fathers of Classical School. They began to emphasize the rights of individuals in a
I now know that criminology prefer to highlight the correlations between crimes’ social climates and criminals’ psychological states of mind. While some argues that criminal behavior is a result of individuals’ association with criminal peers, other claims that crime is a reflection of an individual’s genetic disadvantages. I have come to learn that there are no universally agreed formulas on decoding crimes and criminal behaviors. What we have, however, is a manual full of academic opinions and subjective views that have emerged alongside of the development of criminology. At the same time, the volume of conflicting perspectives that I have stumble upon in studying criminology reminded me again that the success of our current assessment models has yet to be determined. Thus, the study of criminology is an appropriate practice that will further prepare me to conduct meaningful research on legal studies and to provide accurate and in-depth findings in the near