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Historical background of criminal law
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Society has many different views on crime and punishment. During earlier times, the crime fit the punishment meaning an “eye for an eye” approach. If a thief was caught, their hands would be cut off. If a man killed another man, they would be killed as well. They did not have a chance to tell their side of the story, if people thought they were guilty, they were. Much has changed in the way we handle crime in the world today. In today’s world, when a person commits a crime they have rights to a fair trial and have the luxury of the Fifth Amendment. Now when a killer kills someone they get to tell their side of the story and have to be proven guilty. However, it does not matter where you go, if there are people then there will always be crime.
With society being as it is today, crime is inevitable. With so many high school dropouts, many of the jobs moving overseas, the slow job market and the drugs, there is bound to be someone who feels the need to cheat, rob, steal or kill to get what they feel they or their family needs at the time. Public policy is taken on by the government to ...
Through the first chapter of this book the focus was primarily on the notion of controlling crime. The best way to describe crime policy used in this chapter is comparing it to a game of ‘heads I win, tails you lose’. This chapter also addresses the causes for decline in America’s
Crime in this country is an everyday thing. Some people believe that crime is unnecessary. That people do it out of ignorance and that it really can be prevented. Honestly, since we live in a country where there is poverty, people living in the streets, or with people barely getting by, there will always be crime. Whether the crime is robbing food, money, or even hurting the people you love, your family. You will soon read about how being a criminal starts or even stops, where it begins, with whom it begins with and why crime seems to be the only way out sometimes for the poor.
Many people have jobs that their salaries do not compare with what it takes to live in the society today. For instance, rent is out of control. A person making minimum wages cannot afford to pay rent on their salary alone. They don’t have money to get an education, so they are not able to get a high paying job. Once again, many people will turn to selling drugs or some other illegal acts to pay for their expenses. This increases crime.
According to the Bureau of Justice Statistics, in the year 1980 we had approximately 501,900 persons incarcerated across the United States. By the year 2000, that figure has jumped to over 2,014,000 prisoners. The current level of incarceration represents the continuation of a 25-year escalation of the nation's prison and jail population beginning in 1973. Currently the U.S. rate of 672 per 100,000 is second only to Russia, and represents a level of incarceration that is 6-10 times that of most industrialized nations. The rise in prison population in recent years is particularly remarkable given that crime rates have been falling nationally since 1992. With less crime, one might assume that fewer people would be sentenced to prison. This trend has been overridden by the increasing impact of lengthy mandatory sentencing policies.
Economics can have controversial ideas, and this can be expressed in terms of crime. Economic theory would suggest that there is an ‘optimal level of crime’. As Stigler (1970) argues, ‘there is one decisive reason why society must forego ‘complete’ enforcement of the rule: enforcement is costly.’ The extent of enforcement of laws depends upon the amount of resources devoted to the task. Stigler goes on to argue that society could make certain crime does not pay by paying enough to apprehend most criminals, but such a level of enforcement would of course be expensive.
Crime control, consisting of many elements of prevention and punishment, is a widely debated and often contentious topic. Myriad agendas occur in government and society, depending upon the kind of organizational or philosophical objective trying to be met. Political differences are present within the criminal justice system that draw upon certain models, techniques, and methods associated with crime prevention. Society functions as another element in crime control, as often an underlying fear creates a pressure to enact programs and laws. The media enters in as a forum to present conservative and liberal opinions to enact and enforce criminal laws and punishment. A debate over crime often strives to define prevention and punishment, in models that make these terms mutually exclusive, versus a view that crime prevention is a result, and punishment only one possible tool for achieving that result. Different forms of punishment will be discussed in relationship to the criminal justice system as well as the purpose the punishment serves, problems relating to the punishment, and an opinion on improvements and solutions.
Crime and Punishment and Notes from the Underground Fyodor Dostoyevsky's stories are stories of a sort of rebirth. He weaves a tale of severe human suffering and how each character attempts to escape from this misery. In the novel Crime and Punishment, he tells the story of Raskolnikov, a former student who murders an old pawnbroker as an attempt to prove a theory. In Notes from the Underground, we are given a chance to explore Dostoyevsky's opinion of human beings.
There are many studies that point out some risk factors that could be responsible for criminality, but it would not be appropriate to say that is specifically poverty or the current economy. This field of study is uncertain about affirming this kind of assumption. But all this discussion about Broken Windows Theory leads us to reflect why not try to prevent crime instead of act after the crime has been committed?
Crime exists everywhere. It is exists in our country, in the big cities, the small towns, schools, and even in homes. Crime is defined as “any action that is a violation of law”. These violations may be pending, but in order to at least lower the crime rate, an understanding of why the crimes are committed must first be sought. There are many theories that are able to explain crimes, but three very important ones are rational choice theory, social disorganization theory and strain theory.
The sentencing process is created by some of the legislative party, who use their control to decide on the type of criminal punishment. The sentencing guidelines for the judges to go by can be different depending on the jurisdiction and can include different sentencing such as “diversionary programs, fines, probation, intermediate sanctions, confinement in jail, incarceration in a state or federal prison, and the death penalty” (Siegel & Bartollas, 2011, p. 40). In some jurisdictions the death penalty is not included as one of the punishments. Being sentenced is step one of the correction process and is in place to discourage repeat offenders (Siegel & Bartollas, 2011, p. 40). Depending on the crime committed the offender can be sentenced to a consecutive sentence or a concurrent sentence. If an offender is charged for committing more than one crime the judge can give the offender a concurrent sentence where both charges are served at the same time. If an offender is charged for committing more than one crime the offender can be giving a sentenced where he has to serve time for each crime one after the other (Siegel & Worrall, 2013, p. 210). Once the offender has been sentenced from there you will be able to determine if the sentence is indeterminate or determinate.
Punishment has been around for ages. From century to century the thoughts of punishment have changed for good and bad, but the focus of punishment has not changed. With two sides to the story one being to reform or rehabilitate and the other to be punitive and ask for a penalty in return for the wrong doing done. It is hard not to see that there is plenty of controversy revolving around the subject, punishment has with stood the test of time and with good reason. Some would say the need for punishment is obvious, but others believe it has been taken too far. I say, the glue that holds society in order is punishment. Without our government’s systematic penal code to enforce the social norms that are set in place, our neighborhoods might not be as safe. The issue with this type of mentality though, is deciding how far is too far, and how to judge properly.
“Crime” and “criminality” are two terms that are one in one with each other. One of the concepts focuses on the act or actions, which would be the “crime.” The other concept focuses on behaviors and influences, which would be the “criminality” aspect. Crime can be defined as an act forbidden by law that can be punished by imprisonment, fines, or both. Crime can come in many ways from violent actions like aggravated assault and murder to less violent actions like petty theft and embezzlement. Criminality is a certain personality profile that causes varied levels of crime. Almost every crime is committed with the use of force, fraud,
According to Brooks, punishment can be described in four parts. (1) Punishment must be for breaking the law. (2) Punishment must be of a person breaking the law. (3) Punishment must be administered and imposed intentionally by an authority with a legal system. Lastly, (4) Punishment must involve a loss. Brooks states, “where there is no crime, there is no punishment.” This simply means that all four parts must be fulfilled to count as punishment.
Punishing the unlawful, undesirable and deviant members of society is an aspect of criminal justice that has experienced a variety of transformations throughout history. Although the concept of retribution has remained a constant (the idea that the law breaker must somehow pay his/her debt to society), the methods used to enforce and achieve that retribution has changed a great deal. The growth and development of society, along with an underlying, perpetual fear of crime, are heavily linked to the use of vastly different forms of punishment that have ranged from public executions, forced labor, penal welfare and popular punitivism over the course of only a few hundred years. Crime constructs us as a society whilst society, simultaneously determines what is criminal. Since society is always changing, how we see crime and criminal behavior is changing, thus the way in which we punish those criminal behaviors changes.
Punishment has been in existence since the early colonial period and has continued throughout history as a method used to deter criminals from committing criminal acts. Philosophers believe that punishment is a necessity in today’s modern society as it is a worldwide response to crime and violence. Friedrich Nietzche’s book “Punishment and Rehabilitation” reiterates that “punishment makes us into who we are; it creates in us a sense of responsibility and the ability to take and release our social obligations” (Blue, Naden, 2001). Immanuel Kant believes that if an individual commits a crime then punishment should be inflicted upon that individual for the crime committed. Cesare Beccaria, also believes that if there is a breach of the law by individuals then that individual should be punished accordingly.