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The effect of punishment in medieval
Law and its impact on society
Law and its impact on society
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Recommended: The effect of punishment in medieval
The earliest vagrancy laws in England paved the way for today’s criminal law. These first laws lead to the creation of criminal law. Criminal law and the origin of vagrancy laws have created lasting ramification for today’s criminal justice system. The very creation of the laws by the elitist members of society to control the masses has highlighted the continue path of these trends. The laws are designed to control the poor and keep them from disturbing or inconveniencing those who maintain social control.
Vagrancy Origins
The article “A Sociological Analysis of the Law of Vagrancy” by William Chambliss observes the creation of vagrancy and the social situations surrounding their creation. The article starts off by discussing the first precursor to vagrancy law, which was originally designed to alleviate the burden on churches from having to feed and lodge so many travelers. The progression to the first vagrancy law is then presented. The original vagrancy laws had very little in the way punishment. The laws were designed to better tie a worker to his lord. The goal was to keep serfs from moving and to force all able workers to work. The intent of this law was to provide the land controlling lords with an adequate work force. The punishment on these laws then became progressively worse. The workforce altered to become more free laborers rather than serfs so laws were enacted to require workers to accept any work they were offered and not be able to leave the area they worked in to go somewhere else. This law was enacted because free workers were expensive and the lords could not afford to hire enough to work the land. This law was a method of labor price control. The penalty for refusing to accept the work offered...
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...hose who are forced to do what they must to get by or have lived a hard life of lack receive the brunt of the justice system. The justice system should protect those that need help the most not perpetuate the grave injustices of today. The justice system needs a major overhaul so that those who do not have opportunities or resources are not punished for their lack. Justice should focus of rehabilitating those who have committed crimes and giving them a chance to build a better life. Justice is not persecuting the poor for the benefit of the wealthy. Justice is deterring a person from committing and crime and after the crime putting them in a better place than they started. Justice is giving people a chance to better themselves and not just be a pawn of the system. True justice would require a bottom-up restructuring of what justice should enact and represent.
R N Howie and P A Johnson, Annotated Criminal Legislation NSW, 2011-2102, (Lexis Nexis Butterworths 2012) 17769-1774
In “The Moral Ambivalence of Crime in an Unjust Society” by Jeffrey Reiman he offers a detailed explanation of many different ways to define justice and allows the reader to fully comprehend the meaning of it. Before he even began explaining justice he gave his own experience with crime as way to convey to the reader how his rights had been violated and he had been filled with anger at the criminals instead of the justice that failed him. This first hand encounter with crime allowed Reiman to prove to readers that justice is what is what protects us and it is the criminals who are the problem. To see that even a man who had thought and written about nothing but crime for thirty-five years could still become
...izing drugs or reducing the number of guns in circulation, but clearly each of these ideas has massive opposition waiting to stop any such effort. Reiman's concept of social justice is more in keeping with sociological theories that find systemic reasons for crime, which is quite different from the prevailing individual actor theories that are so embedded in the system. Reiman is less convincing in the way he describes the system as intentionally bias, for he makes it sound as if it were an organized conspiracy. That is simply not the case. The book is provocative and has many good ideas, including a thorough analysis of the current criminal justice system and how that system may b changed to better represent, serve, and protect ALL Americans.
The governance of our present day public and social order co-exist within the present day individual. Attempts to recognize the essentiality of equality in hopes of achieving an imaginable notion of structure and order, has led evidence based practitioners such as Herbert Packer to approach crime and the criminal justice system through due process and crime control. A system where packer believed in which ones rights are not to be infringed defrauded or abused was to be considered to be the ideal for procedural fairness. “I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.” Thomas Jefferson pg 9 cjt To convict an individual because proper consideration was not taken will stir up social unrest rather then it’s initial intent, when he or she who has committed the crime is not punished for their doings can cause for a repetition and even collaboration with other’s for a similar or greater crime.
The proliferation of harsh mandatory sentencing policies has inhibited the ability of courts to sentence offenders in a way that permits a more "problem solving" approach to crime, as we can see in the most recent community policing and drug court movements today. By eliminating any consideration of the factors contributing to crime and a range of responses, such sentencing policies fail to provide justice for all. Given the cutbacks in prison programming and rates of recidivism, in some cases over 60% or more, the increased use of incarceration in many respects represents a commitment to policies that are both ineffective and unfair. I believe in equal, fair and measured punishment for all. I don't advocate a soft, or a hard approach to punishment. But we must take a more pragmatic look at what the consequences of our actions are when we close our e...
Is our justice system fair to all? Although the answer to this question is an opinion, there are pieces of evidence and commentary to defend this argument. The process of the legal system itself is all an opinion because in the end, the only person whose judgments matter is the judge himself. Over time, the wrong people have been arrested for the wrong things. Living in the United States, a country where crimes are committed constantly; we count on this system to make the right decisions. It is important that each case is treated equally when carrying out justice to keep the United States a safe place, to form a nation with good education, and to teach people from judging right from wrong. However, sometimes rights are taken from the wrong people. Our legal system is creating a dangerous path for African Americans in our country because of its’ highest per capita incarceration rate, its’ favoritism towards those in power, and its failure to carry out justice to protect people from the dangerous acts of those who are defined as criminals.
...ns constitute a structural network of supervision, in which individuals may not only be subjected to power, but also play a role in employing and exercising power. Moreover, individuals internalize such and act accordingly. As such, there has been a greater possibility for intervention in individuals’ lives, not only in terms of illegal actions but also crimes against abnormalities. The aim of contemporary discipline is the transformation of individuals into productive forces of society. The basic functioning of society rests on such. Ultimately, the nineteenth century penal regime- not limited to the judicial system- has been largely successful in exerting disciplinary power. Not only has disciplinary power dispersed outside the walls of prison, but moreover, members of society have remained unaware of its presence, as they conform to and participate in it.
In conclusion, I have outlined that justice requires everyone receive what they deserve. Through the scope punishment, it is unfair, and therefore unjust, to serve someone with treatment that is disproportionate to their wrongdoing because it is not what they deserve. Further, when it comes to reward, individuals must receive their deserved benefits for their actions in order for society to be considered just and to avoid exploitation. Finally, desert is an invaluable concept when it comes to the just treatment of those in need due to situations outside of their control, and therefore, overall, justice certainly requires that people are always given what they deserve.
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 ...
...people know with surety that they are going to be protected from evil and the wrongdoers so the government should be obliged to create a Justice system which ensures fairness and equality. Moreover it should also be able to judge without bias and partiality for the betterment of its state.
Of course I looked “justice” up in the dictionary before I started to write this paper and I didn’t find anything of interest except of course a common word in every definition, that being “fair”. This implies that justice has something to do with being fair. I thought that if one of the things the law and legal system are about is maintaining and promoting justice and a sense of “fairness”, they might not be doing such a spiffy job. An eye for an eye is fair? No, that would be too easy, too black and white.
Offenders are protected today by both the rule of law, ensuring that all offenders are treated equally, regardless of their age, sex or position in the community, and due process, which ensures that all offenders are given a fair trial with the opportunity to defend themselves and be heard (Williams, 2012). Beccaria’s emphasis on punishment being humane and non-violent has also carried through to modern day corrections. It is still the case today that offenders must only receive punishment that is proportionate to the crime they have committed and the punishment is determined by the law. The power of the judges and the magistrates to make decisions on punishment is guided by the legislation and they do not have the power to change the law (Ferrajoli,
The present system of justice in this country is too slow and far too lenient. Too often the punishment given to criminal offenders does not fit the crime committed. It is time to stop dragging out justice and sentencing and dragging our feet in dispensing quick and just due. All punishment should be administered in public. It is time to revert back to the "court square hanging" style of justice. This justice would lessen crime because it would prove to criminals that harsh justice would be administered.
Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In the modern world, there are three choices in dealing with criminals’ namely criminal punishment, private action and executive control. Although both private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in exceptional situations. The second purpose of criminal law is to punish the offender. Punishing the offender is the most important purpose of criminal law since by doing so; it discourages him from committing crime again while making him or her pay for their crimes. Retribution does not mean inflicting physical punishment by incarceration only, but it also may include things like rehabilitation and financial retribution among other things. The last purpose of criminal law is to protect the community from criminals. Criminal law acts as the means through which the society protects itself from those who are harmful or dangerous to it. This is achieved through sentences meant to act as a way of deterring the offender from repeating the same crime in the future.
The criminal law takes immense part in society, including the following functions: to deter people from acts that harms others or society. Furthermore, people who do not follow the rules that are being set by the authority, they will be punished. The criminal law is there to guidance the general public on the manners of behaviour, which are seen acceptable by society. (Jonathan Herring; criminal law, page 4 eighth edition)