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the history of criminal law
essay what is crime
essay what is crime
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1.1 CRIME
Crime, as we would believe, is a salient fact that is a part of our everyday life. Both the law and the lay man believe that crime is associated with harm and destruction to humans and property alike.
It is true that both crime and criminals are looked upon with the greatest hatred across all sections of society, but it is also true that the study and research of the law of crimes has always been one of the most attractive branches of jurisprudence since the early years of human civilization. In every organised society certain acts are forbidden and performing them may result in punishment of some or other kind. When one person injured another and the injury could adequately be compensated by money value, the wrong-doer was required to pay damages or compensation to the wronged individual. But in certain cases, in addition to the liability to pay compensation, the state imposes certain penalties upon the wrong-doer with the object of preserving peace in the society and promoting good behaviour towards each other and towards the community at large (Indian Penal Code, 2009).
But the problem usually arises when deciding as to what or which acts should be penalised by the law of the society or the state i.e. which acts should be classified as “crime”. According to Terrance Morris (Changing concepts of Crime and its Treatment): “Crime is what society says is crime by establishing that an act is a violation of the criminal law. Without law can be no crime at all, although there may be moral indignation which results in law being enacted.”
The concept or the definition of crime has always been dependent upon public opinions and more than any other branch of law, criminal law is the mirror of public opinion. Thus, law a...
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In 1834 the first Indian Law Commission was constituted to investigate into the jurisdiction, powers and rules of the existing courts as well as police establishments and into the laws in operation in British India. The Indian Penal Code was drafted by the first Indian Law Commission under the presidentship of Macaulay and was submitted to the Governor-General of India in Council in 1837. It was circulated to the Judges and law advisors of the Crown. In 1845, another Commission was appointed to review the Code. This Commission submitted its report in two parts, one in 1846 and the other in 1847. The Code was revised according to the report of the Commission but it never saw the light of the day. Subsequently, it was revised by two Law Members of the Governor-General of India in Council and was presented to the Legislative Council in 1856.
If there is one thing Australian society has an abundance of, it is images and opinions about crime. It is the central theme running through many forms of communication in the modern society. Whether the issue of crime is, drug-related, violent, juvenile, child abductions, serial killers, youth gangs, or crimes against the elderly, a public consensus exists that crime is rampant, dangerous and threatening to explode.
“Crime myths are powerful constructions of reality because they speak to our personal values and beliefs and are steeped in rich symbolism, which reinforces those values and belief.” (Kappeler & Potter, 2004) Crime myths are created when a series of fictional events that are later altered so that they become social and political problems. The media plays a major role in the creation of crime myths they broadcast images and videos to go along with the crime myths, they also use social context that play on humans thought on the community seeing it as unsafe. Myths also contain some measure of economic conditions that then cause reactions by politicians to create new laws to prevent these myths from becoming major problems in the criminal justice system. (K&P, 2004) In order for a statement to be characterized as a crime myth, if the crimes instill fear and threaten the vast majority of society. (K&P,2004) Crime myths are made up of components that targets and identify of a distinct deviant population, they involve innocent and helpless victims, the emergence of brave and virtuous hearos ,comes as a threat to peoples established norms, values, or traditional lifestyles.
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).
The definition of justice and the means by which it must be distributed differ depending on an individual’s background, culture, and own personal morals. As a country of many individualistic citizens, the United States has always tried its best to protect, but not coddle, its people in this area. Therefore, the criminal justice history of the United States is quite extensive and diverse; with each introduction of a new era, more modern technologies and ideals are incorporated into government, all with American citizens’ best interests in mind.
Morrison, W. (2009) 'What is crime? Contrasting definitions and perspectives', in C. Hale, K. Hayward, A. Wahadin and E. Wincup, (eds), Criminology. Oxford: Oxford University Press
Law, ?a governmental social control? (Black 2), is a quantitative variable that changes in time and space and can be defined by style: penal, compensatory, therapeutic or conciliatory (Black 5). The brief description of law and its interrelation with social control and deviant behavior can be encapsulated in the following scheme. This concept of law put into the context of social life gives a framework of the behavior of law.
Crime and criminalization can be ambiguous; crime is only crime until certain authorities deem the actions illegal. However, social inequalities can lead to increased crime rates, notions such as gender, age, race, and class influence crime and provide criminologist with the date to determine who is most likely to commit a crime and where.
...crime according to the classical theory is the harm it impacts on the society. In his theory, Cesare argues that it would be erratic and illogical if the measure of crimes were to be based on the intentions of the individuals who commit them (Beccaria, 1986). These intentions depend on individuals’ state of mind and the actual impression that objects make this vary from one person to according to changes in ideas, circumstances and passions. It is, therefore, important to formulate a particular code for each and laws for different crimes.
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 ...
Everyone is affected by crime, whether they are a direct victim, a family member or the victim’s friend. It can interfere with individual’s daily life, their personal sense of safety and their ability to trust others.
Criminology is the study of crime and criminals; a branch of sociology. More accurately, it is the study of crime as a social trend, and its overall origins, its many manifestations and its impact upon society as a whole. That makes it more a form of sociology than a law enforcement tool. But the trends it studies have a huge impact on the way the police do their jobs, the way society treats its criminals, and the way a given community goes about maintaining law and order. The writer will describe and give examples of the three perspectives of viewing crimes. The perspectives that will be highlighted are the consensus view, the conflict view or the interactionist view. Each perspective maintain its own interpretation of what constitutes criminal activities and what causes people to engage in criminal behaviors (Siegel, p.12).
Crime is seen to just exist however, that is not the case. It is argued that crime is created through society and that crime is both a social fact and a social construction. We are told daily about the problems in which we are facing from crime by politicians through the media. From this it is argued that crime is in fact a social fact and a social construction. Throughout this essay it looks at what exactly is a social construction and a social fact and if crime is in fact both a social construction and a social fact, it will also look at one of the main theories which will help draw a conclusion to if crime Is both a social fact and a social construction.
Crimes are not ‘given’ or ‘natural’ categories to which societies simply respond. The composition of such categories change from various places and times, and is the output of social norms and conventions. Also, crime is not the prohibitions made for the purpose of rational social defence. Instead, Durkheim argues that crimes are those acts which seriously violate a society’s conscience collective. They are essentially violations of the fundamental moral code which society holds sacred, and they provoke punishment for this reason. It is because of these criminal acts which violate the sacred norms of the conscience collective, that they produce a punitive reaction. (Ibid)
certain acts and persons become fitted with the label `criminal’ i.e. the process of crime interpretation by the courts
Crime is a human conduct that violates the laws of a state or the ferdral government. There are different ways people view criminal behavours either thourgh the view of the social problem prespective which blames the society and the social responsibility which blames the person who commited the crime. Through thses two prespective we get the idea of therories. A thoerey