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Four theories of restorative justice
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What is street crime? According to McDonald and Balkin (1983) define street crime as “personal contact criminal victimization (p.419)”. As we read this article it argues from different viewpoint that street justice can be explained from different theoretical perspectives. There are three theoretical perspectives that examines the role of justice as a means of informal social control and as a reactionary process to dynamics of social strain and subcultural demands. This theoretical analysis is then applied to concepts of justice, including retributive, distributive, restorative, and procedural. The derived street justice paradigm incorporates these various forms of justice as they are linked with cultural imperatives associated with street culture and …show more content…
Crimes results from the inability to achieve monetary success of others positively valued goals through legitimate channels (Agnew and Collen, 2003,p.208). The process one that is difficult to identify and define, but it is also one that allows easily for the insertion of concepts of justice to make us clear on what street justice actually is, conflict and adaptation theory. Conflict and adaptation theory extends our understandings of the relationship between strain and street relationship. Locke argues that state of nature enforce each individual possesses the right to enforce the law of nature, that is the right to pursue punishment of those who harm his or her own life, liberty, or property. Also Hobbes, on the other hand,portrays a less ordered vision of retribution in the natural state, suggestions that during the time men live without a common power to keep them all in owe, they are in that condition which is called war. Both social strain and conflict theory relates to social control, which in turn relates directly to notion of justice both in dominant culture and street culture. It is very important to view street justice from social control and social solidarity
Elijah Anderson, a modern day sociologist, takes us on a walk down Germantown Avenue. Germantown Avenue is a major thoroughfare in the City of Philadelphia, which connects to inner city Philadelphia to some of the surrounding high-wealth suburbs. Philadelphia has a rich and long history, not all of which is good. Many people when speaking of Philadelphia comment on their diverse neighborhoods, much like little towns. Unfortunately, while some of these neighborhoods are good, some are just life threatening dangerous. Anderson through his writing is able to articulate a visual distinction as he walks down Germantown Avenue.
Many theories, at both the macro and micro level, have been proposed to explain juvenile crime. Some prominent theories include Social Disorganization theory, Differential Social Organization theory, Social Control theory, and Differential Association theory. When determining which theories are more valid, the question must be explored whether people deviate because of what they learn or from how they are controlled? Mercer L. Sullivan’s book, “Getting Paid” Youth Crime and Work in the Inner City clearly suggests that the learning theories both at the macro level, Differential social organization, and micro level, Differential association theory, are the more accurate of the two types of theory.
Corporate crimes are largely omitted, while street crimes are emphasized (Morris, 2000). This disproportionately targets marginalized populations (homeless, drug addicted and the poor) (Tabibi, 2015c). The current system is immoral in that the caging of people is highly depersonalized and troubling (Tabibi, 2015c). This is considered to be a barbaric practice of the past, however it is still frequently used in North America (Morris, 2000). Another moral consideration is the labelling of youth as offenders in the criminal justice system (Morris, 2000).
To begin with, criminal justice is a system that is designed to maintain social control, which means it is a necessary aspect of every society since “Laws are the conditions under which independent and isolated men united to form a society” (Beccaria, 1764: 16). In order words, crime control deals with the methods that are taken by a society to reduce its crime. As a matter of fact, there are various crime control strategies from community policing to risk assessments. In addition to the different tactics for controlling crime, there are several theories that not only attempt to explain the causes of crime, but also outline different ways to handle offenders; for example, deterrence, rehabilitation, and even retribution. Now, it is important to realize that there is no perfect model for crime control since there are advantages and disadvantages to every system. With this in mind, it is clear that the crime control has changed throughout recent decades, and one can easily identify these changes by drawing from situations that involve race, gender, and two theoretical perspectives.
Few social issues get as much media attention as youth crime. Statistics Canada reported a 3% increase in crimes committed by 12- to 17-yearolds between 2005 and 2006. In the last 15 years, the rate of violent crimes among young people has increased by 30% (Youth crime, 2008). From gangland-style killings in Vancouver to the senseless beating of an elderly woman in Hali-fax, Canadian cities are struggling with a wave of youth crime that was unimaginable a couple of decades ago. According to Statistics Canada, most Canadians believe that youth crime is on the rise and 77% believe that the sentencing of young offenders is too lenient (Youth crime, 2005). Many experts attribute the spike in youth crime to the increased number of street gangs - often the perpetrators of youth crime (Catalano and Hawkins, 1996). Research indicates that youth seek comfort from those who welcome them and reinforce their sense of belonging. Unfortunate-ly, some youth have no choice but to turn to street gangs in order to satisfy their need for approv-al, belonging and self-worth (Clark, 1992). Street gangs are not just issues in big cities. Over the last few decades, there has been an increase in the presence of street gangs in non-metropolitan and rural communities. For example, in 1960, there were 54 cities in the United States with a gang population. In 1995, there were street gangs in approximately 800 cities and towns across the United States (Swetnam and Pope, 2001). There is no consensus among experts on how to reduce youth crime. Criminal involvement usually starts before the age of 15, with first-time of-fences declining markedly once young people reach 20 years of age. Young people who become involved in criminal activities before the age of 14...
Winslow, R. W., & Zhang, S. (2008). Contemporary Theories of Crime. Criminology: a global perspective (). Upper Saddle River, N.J.: Pearson/Prentice Hall.
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...
Conscious efforts to critique existing approaches to questions of crime and justice, demystify concepts and issues that are laden with political and ideological baggage, situate debates about crime control within a socio-historical context, and facilitate the imagination and exploration of alternative ways of thinking and acting in relation to crime and justice. (p. 3).
Criminal justice as a socially constructed theoretical perspective by Kraska (2004) emphasizes the idea of emotions influencing criminal justice. In order to understand law-breaking we have to look at the process of how we defined behaviors as illegal as well as looking at the reactions of the criminal justice system. “It is not the quality of the act the person commits, but rather a consequence of the application by others of rules and sanctions to an offender” (Kraska, 2004) There are criminal justice actors that influence the definitions of criminal behavior which are police portraying the idea of the impossible mandate of curing crime, criminal statistics, and organizations working to maintain justice.
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.
Imagine working over thirty-five years with a successful company; faithfully contributing to your own retirement. Only to find out those two weeks prior to your first retirement vacation your account has been depleted. This crime is known as white-collar crime. White collar crime was coined in 1939, by a man named Edwin Sutherland. Sutherland defines white collar crime to be a crime committed by the perpetrator during the course of his or her occupation( S. Rosoff, H. Pontell, R. Tillman). White collar crime is happening every day. In general terms, non-violent crimes for financial gain were stated in this subject as well. White collar crime is what many in society fail to express as other would if it was street crime. If society as whole were to become more knowledgeable and understanding of the magnitude behind white collar crime, then they too would realize and immediate affect behind a violent act is not more harmful than one such as white collar. White collar crime which often time take affect years
If we studied through the history of criminal theory, spiritual and natural theories are taken as major theories of causation of crime. During medieval period, spiritual explanations were taken as punishment given by god for doing wrong things and any natural disasters like flood, fires, etc were evaluated as curse of high power. In modern period, the basic theories of causation of crime are classical theory, biological theory, psychological theory, cultural theory and conflict theory. The classical theory explains that free will acts as center of crime giving example of free will of children that may commit crime which cannot be paid once it committed. In the 19th century, the biological theory got public attention when Cesare Lombrose suggested that criminals cannot be identified by examining their body structures, number of toes, etc giving the research data that determined that ordinary people are mostly involved in crime than militants. Now, this theory is followed by Modern biological theory which signifies that chemical imbalance in brain results violence activities. It supports remarkable example of violence occurred due to lower portion of serotonin chemical and abuse of drugs alcohol (Fishbein 1990). Fishbein(2000) mentioned the relation of the damage of frontal lobe of brain and antisocial behavior. Similarly, psychological theory explains that mental illness of person convicts crime and is supported by Freud’s concept of id, ego and superego. Freud mentioned that any emotional trauma in children of 5 yrs age or above may result long –lasting negative influence. Likewise, the most common but important theory is sociological theory that deals with the conviction of crime ...
Theory is an important part of discovering and understanding why people commit crime. It is difficult to understand how a prejudice or bias towards someone can be linked to criminal behavior. The general theory of crime coined by Travis Hirschi and Michael Gottfredson can be applied to hate crime. The general theory of crime explains that people are born pre-disposed to crime and that they have natural tendencies to commit crime (Tibbetts, 2015, p 161). The only difference between those who are criminals and non-criminals would be their self-control (Tibbetts, 2015, p 161). Self-control is a key component to the general theory of crime. Not everyone acts on his or her thoughts of someone criminally, or even at all. The difference between people who do not choose to commit crime, would be their difference in self-control. People who commit crime have low self-control, and people who are law-abiding citizens have high self-control.
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.
What types of crime are considered to be the most costly to a country? Could it be street crime? Vandalism, breaking and entering, carjacking and pick pocketing are all examples of street crime, “a crime committed by average people against other people or organizations, usually in public spaces” (Open Education Sociology Dictionary). Street crime usually involves material possessions of large monetary amounts, costing the global economy an estimated $16.6 billion (Simon) so perhaps this could this be the most expensive type of crime. However, according to the 2014 Report to the Nations on Occupational Fraud and Abuse, corporate crime and fraud costs the global economy more than $3.7 trillion (ACFE). Investopedia defines corporate fraud, or