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Crime and Punishment: bibliographical details
Crime and Punishment: bibliographical details
Crime and Punishment: bibliographical details
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In this Essay I will form a commentary regarding crime and punishment in contemporary society. The aspects that will make up this essay will include crime and punishment, Modernisation theory and the growth of cities, the old penal regime, the modern age and the works of influential scholars including the likes of Emil Durkheim and Robert Merton. To begin with, Crime is a social construction that can differ over time. It is shaped by the social context of the time and acts can only be criminalised once society has deemed it harmful. The example of this is witch hunting whereby the punishment in the late 17th century was an execution. However the Introduction of the witchcraft act 1735 now holds a 1 year imprisonment for a person who posses magical powers. Punishment is deliberately inflicting pain on an offender. This said there are now other responses that follow such as rehabilitation and restorative justice. Crime could also be defined by religious doctrine in which the religion sets out punishments for certain acts. For instance the Islamic sharia law system holds capital punishment …show more content…
This was also seen as a sin against god where the punishment was directly inflicted on the individual. This notion of punishment was challenged by thinkers such as Michel Foucault who stated that Punishment should shift its focus from prisoner’s body to Soul. The enlightenment period was known for “The age of reason”. This was the classical idea that people had the choice what to do. Crime is persistent and mundane and there are now other social and psychological factors that impact crime. Another way to punish is to punish someone based on the severity crime. This view is known as “Just deserts”. This could be seen if someone was to commit a low level victimless crime. The punishment for this would be less severe to that of someone who committed a high level hate
During the years of the middle ages in England; from the 11th century to the 13th century, many countries/communities based and governed by law, doctrine, and or royalty/parliament, embraced new forms of punishment in order to reflect a crimes illegality and align a punishment that is capable of keeping a safe social environment. While the majority of sentences reflected the religious point of view of those giving the sentence, crime could be a broad spectrum of what is morally, socially, or religiously wrong, though this is what determines punishment. The array of areas that can be condemned to medieval punishment had their own means of justice, however, the most interesting and most controversial was the use of torture; whether its point
What would the criminal justice system be without punishment? Perhaps, the criminal justice system would not serve a function or cease to exist. Punishment is one of the main facets of the criminal justice system. It holds such significance that it even reflects the beliefs and values of a particular society. Fyodor Dostoyevsky (1821-1881) once said “The degree of civilization in a society can be judged by entering its prisons.” (Pollock, 2010: 315). Punishment has been around since the beginning of civilization. With its rich history, the concept of punishment has been analyzed by some of the most renowned theorists, some of which include Jeremy Bentham, Cesare Beccaria, Adolphe Quetelet and André-Michel Guerry (Pollock, 2010: 318). Once found guilty of an offense the type of punishment must be determined. There are many different rationales used to answer why it is necessary to inflict punishment. Rationales for punishment include retribution, prevention, treatment and rehabilitation. To better understand these rationales ethical systems such as utilitarianism, ethical formalism and ethics of care can be used. The general public should be knowledgeable about punishment, even more so should professionals in the criminal justice field because they are directly linked to it in some way.
Question two: What is the difference between 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 are united to form a society” (Beccaria, 1764: 16). In other 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.
...lacks, and men. Furthermore, the competing paradigms influence public policy. Those that maintain acts as voluntary are more inclined to punish the individual or group, however those that are seen to act under determined forces, judge treatment to be more suitable. Even though these theories contrast, they still contain similarities which are shared in the new penology. Aspects are taken from all to create a new perspective on crime that centres on the management of offenders.
Punishment/Capital Punishment and the Christian attitude towards it has been a topic that has been and still is being debated today. Punishment, but in particular, Capital Punishment, is a complicated topic to discuss, especially when it comes to Christian attitudes and the ethics towards it. The purpose of this report is for people to have a better understanding of what this Christian attitude is or what these Christian attitudes are towards Punishment/Capital Punishment in relation to Christian ethics. In this report, you will learn about the history of capital punishment, the different Christian groups against Capital Punishment and what the Bible says about it as well, all in relation to Christian ethics.
Criminology as a genre is defined as the scientific study of crime, as well as its causes, law enforcement interaction, criminal behavior, and means of prevention. In its own way criminology is the history of humanity. As long as people have been on earth there has been criminal activity. Much like most other work atmospheres, it was a male dominated field. A woman seeking to work in criminology was unheard of. Men filled the jobs as police officers, lawyers, judges, and politicians. However, in the 1860s Belva Lockwood became determined to pave the way for women in criminology. As a women’s rights activist, she became one of the most influential women in criminology.
This essay has identified sanctions imposed on offenders including imprisonment and community corrections. Described how punishment is justified with the just desert and deterrence theory. Discussing the rate of individuals being imprison comparted to community, provided rates for assault which shows crime being maintained and community member feel safe enough to allow for this to
According to Foucault, the penal justice system in the eighteenth century followed one fundamental principle: there should be no punishment without an explicit law and an explicit behavior violating the law (Foucault, “Truth and Juridical Forms” 56). Th...
The foundation of our legal system rest upon the single philosophy that humans hold their own fate. Even though, we perceive in our daily lives the persistence of causation and effect. Even children understand the simplistic principle that every action will have a reaction. Despite this obvious knowledge, we as a society still implanted the belief that our actions are purely our own. Yet, with the comprehension of force that environmental factors impact our development, we continue to sentence people for crimes committed. Moreover, uncontrollable environmental influences are not the only deterministic factors we ignore in our societal view of crime. One’s biological composition can work against any moral motives that they
Crime is inevitable in society, whether it be in traditional societies or in modern society. However, with an action, there are always has to be a consequence, however when breaking the law, the consequences are rather bad, and sometimes harsh. This is called punishment. Discipline is enforcing acceptable patterns of behaviour and teaching obedience. In an excerpt called Discipline and Punish, contemporary theorist Michael Foucault explains these two concepts. This paper will summarize the author’s main points; provide a comparison with a theorist previously lectured on in class, as well as a personal interpretation of Foucault’s arguments.
The world will always be full of crime, thus it is necessary for scientist to grow along with the gruesome and increasing amount of violations. Due to this it sparked scientist to develop crime theories in which emerged to explain why crime is caused by individuals. Some of the few theories that have advanced over the past century and provided many answers to why crimes are committed are biological theories, psychological theories and learning theories. These theories provide an insight to its first use and change in order to provide answers.
There are many explanations for what punishment characterises. For Emile Durkheim, punishment was mainly an expression of social solidarity and not a form of crime control. Here, the offender attacks the social moral order by committing a crime and therefore, has to be punished, to show that this moral order still "works". Durkheim's theory suggests that punishment must be visible to everyone, and so expresses the outrage of all members of society against the challenge to their collective values. The form of punishment changes between mechanic (torture, execution) and organic (prison) solidarity because the values of society change but the idea behind punishing, the essence, stays the same - keeping the moral order intact not decreasing crime. Foucault has a different view of the role or function of punishment. For Foucault, punishment signifies political control. His theory compares the age of torture with the age of prison, concluding that the shift from the former to the latter is done due to changes in society and new strategies needed for the dominance of it by the rulers. Punishment for Foucault is a show of power first brutal and direct (torture), then organised and rational (prison). Punishment does not get more lenient because of humanitarian reasons but because the power relations in society change.
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.
We are all affected by crime, whether we are a direct victim, a family member or a friend of a victim. It can interfere with your daily life, your personal sense of safety and your ability to trust others.
According to David Garland, punishment is a legal process where violators of the criminal law are condemned and sanctioned with specified legal categories and procedures (Garland, 1990). There are different forms and types of punishment administered for various reasons and can either be a temporary or lifelong type of punishment. Punishment can be originated as a cause from parents or teachers with misbehaving children, in the workplace or from the judicial system in which crimes are committed against the law. The main aim of punishment is to demonstrate to the public, the victim and the offender that justice is to be done, to reduce criminal activities and to deter people from wanting to commit any form of crime against the law. In other words it is a tool used to eliminate the bad in society or to deter people from committing criminal activities.