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Theories of punishment under criminal law
A general theory of crime
A general theory of crime
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There are seven elements of crime that define if an act is a crime. However, the definition does not detail if all seven elements must be present to consider an act a crime. In the criminal justice arena someone's actions are considered a crime if more than one element is displayed. The seven elements are listed as harm, legality, actus reus, mens rea, causation, concurrence, and punishment. When considering illegal drug use, prostitution, and gambling in relation to these seven element the following is learned. Bohm & Haley (2012) describe harm as an physical or verbal act upon another person. The authors describe illegal drug use, prostitution and gambling as, “victimless crimes by those who argue that only those people involved in these
2. Did you easily find the National Criminal Justice Reference Service when you searched for NCJRS on the search tools?
Generally, the study of crime mainly focused on the offender until quite recently. In fact, Shapland et al (1985) described the victim as ‘the forgotten man’ of the criminal justice system and ‘the non-person in the eyes of the professional participants’. A new perspective was brought with victimology, an expanding sub-discipline of crimin...
Labelling theory: The theory that the terms crime, deviance, or punishment are labels, variously applied by act of power and not some natural reflection of events – American criminologist Howard Becker
Victimology is the scientific study of the physical, emotional, and financial harm people suffer from illegal activities. A common struggle Victimologists face is determining who the victim is. In general, crimes don 't have an “ideal victim”. The term ideal victims refer to someone who receives the most sympathy from society (Christie, 2016). An example of this would be a hardworking, honest man who on his way to work, had his wallet taken by force. Most people in society would have sympathy for him. He spent his life making an honest living to earn what he has and was a victim of a robbery. Victimologists study the interactions victims have with criminals, society, and the criminal justice system (Karmen, 2015). According to (Karmen, 2015)
The social world has provided us with multiple perspectives when it comes to various topics. A theory is a system of ideas intended to explain something based on general principles independent of the thing to be explained. All three views of crime were created by theorists as an attempt to explain the causes of human behaviors. Each theory offers a variety of explanations for the multiple perspectives the world has.
In chapter 5 of Images of color, images of crime author Peggy McIntosh refers to White privilege as an invisible package of unearned assets that can count on cashing in each day, but about which 'meant' to remain oblivious. White privilege is like an invisible weightless knapsack of special provisions, maps, passports, codebooks, visas, clothes, tools, and blank checks. It is apparent that white people receive unearned advantages and benefits that are not accessible to people of color. In fact, how can someone even question that the fact that people of color are treated differently than Whites, when African Americans constitute a significant portion of individuals who are incarcerated today. Here is an example of an experience that I had a few years ago that made me realize that I was treated differently because I was not white. I worked at the Ymca for about three years at a summer camp, which was predominantly white. I loved working there, but I kept to myself because I was treated differently from my co-workers. In fact, the white individuals that I worked with would constantly ma...
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...
This essay sets out some of the advantages and disadvantages of the concept of 'social harm' hold for the criminologist over that of 'crime'.
These are only three of the "victimless crimes" that have been postulated by people such as J. S. Mill. While he may have had strong urges for social liberty, he never understood the fact that there is no such thing as a victimless crime. All crimes have a victim, and no amount of philosophy or political theory can change that.
The criminal justice system is composed of agencies and processes established by governments to control crime and impose penalties on those who violate laws. The way criminal justice systems work depends on the jurisdiction that is in charge. Different jurisdictions have different ways of managing criminal justice processes. The components of the criminal justice system are law enforcement, prosecution, defense attorneys, courts, and corrections.
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
The criminal justice system views any crime as a crime committed against the state and places much emphasis on retribution and paying back to the community, through time, fines or community work. Historically punishment has been a very public affair, which was once a key aspect of the punishment process, through the use of the stocks, dunking chair, pillory, and hangman’s noose, although in today’s society punishment has become a lot more private (Newburn, 2007). However it has been argued that although the debt against the state has been paid, the victim of the crime has been left with no legal input to seek adequate retribution from the offender, leaving the victim perhaps feeling unsatisfied with the criminal justice process.
There are many different aspects of criminal justice policy. One in particular is the different theories of crime and how they affect the criminal justice system. The Classical School of criminology is a theory about evolving from a capital punishment type of view to more humane ways of punishing people. Positivist criminology is maintaining the control of human behavior and criminal behavior. They did this through three different categories of Biological studies, which are five methodologies of crime that were mainly focused on biological theories, Psychological theories, which contains four separate theories, and the Sociological theories, which also includes four different methods of explaining why crime exists. The last theory is about Critical criminology. Their goal was to transform society in a way that would liberate and empower subordinate groups of individuals.
A victimless crime is also known as a consensual crime and is really a crime against oneself. Generally, these crimes are labeled in such a way because there is no physical harm to a person or property “the only person being hurt is the person committing the crime themselves” (Schmallegar 2010, p.365). Victimless crimes are considered illegal, primarily because of statutory laws (Ward, 2003). These types of crimes typically involve willing participants and in most cases are violations by law. As a rule,” participants freely engage in the activities that are considered to be illegal or harmful” (Schmallegar 2010, p.365). Some examples of victimless crimes include “prostitution, drug dealing, lewdness, indecency, seduction, adultery and gambling” to name a few (Schmallegar 2010, p.365).The distinction of a victimless crime centers on the willingness of or agreeability of the individual engaging in the said activities.
What is this world coming to? Our society is losing its authority. The syllable of the syllable Why is there so much crime in society? There is so much because there are so many people that never consider the other person that they are stealing from or causing harm to. All of these people are self-centered and never think who they could be.