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Three sociological perspectives crime
Three sociological perspectives crime
Three sociological perspectives crime
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The Three Elements on Why People Commit a Crime There are many different meanings of crime and many different reasons people commit crimes. In the United States, defense lawyers try to prove their clients did not know what they were doing when they committed the crime and the prosecution tries to prove the defendant did know what they were doing when they committed the crime. However, the prosecution must have the elements of a crime, which means state of facts to prove someone guilty. The prosecution lawyers and the defense lawyers use elements of a crime for the defendant. The following are examples of elements of a crime: mens rea, autus reus, concurrence of actus renus and mens rea. All of these can be used as elements of a crime. First, the first element of a crime is Mens rea. “The mental element is known as the mens rea, or mental state, of the defendant.” (Hames & Ekern, 2009) The prosecution lawyers try to prove if the defendant has knowledge of the crime. What was the defendant’s mental state? Were they aware of the effect of the crime, did the defendant plan the crime, o...
This requires the prosecutor to contemplate and analyze the thought process and the psychological state of the person during the time of the crime. The conclusions of the motivation behind the accused actions is drawn from the evidence that is collected from the case. It also is a term used to refer to the removal of the stigma between murder and punishment, and the moral character of the accused.
Mens Rea – there is a guilty mind i.e. there must be reasonable knowledge or suspicion of the guilty act.
Why do people commit crime? This is a question many people have asked themselves for the past century. Over the years, many theorists, like Travis Hirschi and Edwin Lemert, have identified possible reasons for why people commit crimes. While each of these theories differ from one another, all point us to an understanding of the paths that bring individuals to commit crime.
Crime is some action/omission that causes harm in a situation that the person/group responsible ‘ought’ to be held accountable and punished irrespective of what the law book of state say.
“Not guilty by reason of insanity” (NGRI) has often perplexed even the most stringent of legal and psychiatric professionals for centuries. Moreover, it has transcended into the pop culture, as a “loophole”for the criminal society. However, the insanity defense is only used in less than 1% of criminal cases, and used successfully in only 10-25% of those cases (Torry and Billick, 2010). In order to successfully be acquitted by reason of insanity, the legal team, paired with psychiatric professionals, must prove that the defendant is not legally responsible for the crime, despite the evidence that they executed the crime. They must also prove that the defendant, was or is currently suffering from a mental disorder, and that the defendant have/had a impaired logical control of their actions (Smith, 2011). According to Torry and Billick (2010), “A criminal act must have two components: evil intent (mens rea, literally “guilt mind”) and action (actus reus, literally “guilty act”)” (p.225), thus the defendant must prove that he/she did not have “mens rea” or “actus reus.” Equally important to note, the act itself must be voluntary and conscious. The the majority of the psychological and judicial court system have a reluctance to hold defendants who lack the capability needed to understand “right from wrong” (Torry and Billick, 2010). It has been proven that over the course of many years, the NGRI have been difficult to apply. During the early 1980’s, many states modernized their NGRI defense and even abolished the defense altogether. Instead of allowing the the “not guilty by reason of insanity” defense, many states have established a verdict of “guilty but mentally ill” (GBMI) (Smith, 2011). In order to make sure that individuals w...
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.
The criminal justice system takes on a pivotal role in pursuing and preventing crimes in society. When a suspect is caught and then faced with charges for a violent crime, they legally have the right to a fair trial. In order for a criminal proceeding to successfully take place, the defendant must be fully aware of their surroundings, have a basic understanding of court procedures, as well as being capable of defending their one case. Competency to stand trial (CST) is essential for maintaining fairness in the courtroom and producing a just verdict. However, if a defendant is unable to understand legal proceedings due to mental illness or impairment, they must be thoroughly assessed and evaluated before declared incompetent to stand trial. Carrying out a case with a defendant who lacks mental capacity causes numerous issues because the individual is incapable of supplying their lawyers with information regarding their crime or any of the witness testimonies at trial. Lack of comprehensible communication between a defendant and attorney forces an ineffective defense in the case. Mental disturbances in the defendant that may cause disorderly conduct in the court room are considered disruptive and weaken the authority of the legal system. Supreme Court cases that have dealt with competency to stand trial issues over the years have made significant rulings, which have stressed the importance of identifying whether or not a defendant is in fact incompetent.
Two of the major criminological theories of the twentieth century are Merton’s strain/anomie theory and Shaw and McKay’s social disorganization. Both theories were very important in their time, and still influence theorization today. This paper will discuss both theories and point out similarities and differences.
The Mens Rea of a crime refers to the mental element or the state of
In terms of offences that require mens-rea or intent as a constituent element, a condition which prevents an individual from forming the necessary mental condition is generally taken as an excuse and this explanation has been accepted by number of theorists of criminal law and on basis of this I would like to refer some judgments of Common Law Context.
Criminology is a very broad and complex speciality, which can be easily involved in various areas, it can simply say that this area of study has been studied for over a thousand years since Plato and Aristotle had demonstrated how to define the standard of crime and punishment (Criminology: Intellectual History, 2017: no page number). Despite their theories had been justified after a few centuries. To say it another way, Newburn noted that criminology is a study of wrongdoing, how are the criminals be trailed or judged and find out who will normally be breaking the law (Newburn, 2017: 6). It is also a branch of sociology. To figure out why people commit crime are the core issue in criminology. Many scholars have developed several theories to explain why people would like to take the risk. And in this essay, it will mainly focus on studies of people to break the law and commit a crime, why people are encouraged to commit a crime, and how should offenders be punished to prevent crime.
Crime and Punishment Crime and Punishment the Graphic Novel is a novel written by David Zane Mairowitz that is classified as a psychological drama. The thesis that is in the graphic novel is to show the psychology that comes with “crime and punishment” and to show how Raskolnikov isolates himself from society. Mairowitz main points throughout the graphic novel was to show religious redemption, to show how everyone has a love and feeling for something in life, and to show the psychology thoughts that come with crimes and punishments. One of the first things that we see play put in Crime and Punishment The Graphic Novel is how Raskolnikov isolates himself from society and isolates himself from the people who care about him. In the beginning of
A defence in criminal law arises when conditions exist to negate specific elements of the crime: the actus reus when actions are involuntary, the mens rea when the defendant is unaware of the significance of their conduct, or both. These defences will mitigate or eliminate liability for a criminal offence. Insanity, automatism and diminished responsibility are examples of such defenses. They each share characteristics but can be distinguished in their scope and application. Insanity, automatism and diminished responsibility all play a significant role in cases where the defendant’s mind is abnormal while committing a crime.
The second condition to be established is whether the defendant had a “disease of the mind”. This condition is
Human antisocial behaviour is complex and trying to understand it has always proven to be a daunting intelligent task, especially in modern culturally diverse societies. Crime, broadly defined as behaviour through which individuals obtain resources for others through uncouth means, presents as one of the most refractory internal social dilemmas. Understanding individual criminal acts such a murder, rape or motives behind them is intricate, rather their behavioral definitions and causes offers a more clear platform for argumentative reasoning. Criminal behaviour, regardless of manner, involves use of barbaric methodologies to obtain symbolic or material resources. Criminal behavior results from methodical processes that involve intricate interactions among isolated, societal, and environmental factors in people’s lives.