Theoretical perspectives help us study the underlying questions we have about society. Each perspective concentrates on diverse characteristics of society. These aspects are analyzed on different levels to develop theories. When it comes to comparative criminal justice, the focus perspective is the comparability and connectivity of criminal justice systems. The world’s criminal justice system contains four theoretical perspectives: modernization, civilization, world-system, and globalization theory. Although there are four perspectives that signify the world’s system, I will only be comparing the theories of modernization and civilizational clash and their nature. Modernization is defined as the conversion from the former civilizations in society to contemporary society; as it is establish today in the West. It models a perspective of economic, social, and cultural progress that enlightens the global disparity in terms of modifying levels of scientific improvement between societies. By presenting modern approaches in underdeveloped countries, societies will be knowledgeable of solidifications in their economies. This dominant theory refers to a variety of believers of Karl Marx’s perspectives that encourage the explanation of improvement or underdevelopment of countries. Everyone isn’t a fan of Karl Marx’s perspective. The mutual features between Max Weber and Emile Durkheim also interpret the developmental illustration of this theory. Development implies the bridging of these gaps by an imitative process, occurring in stages, such that traditional sectors and/or countries gradually assume the qualities of the 'modern' western. Max Weber observed that with modern civilization the societies would only profit from rationality. The title of Durkheim’s book, Division of Labor in Society, basically summarizes how he views modernization. Durkheim’s believes that with modernization will be the creation of a growing division of labor. He expects the flop of modern social unions in modernization might lead to anomie. Elevation in anomie will eventually cause a growth in crime rates. The theory is in fact a unilinear, ethnocentric theory and it is with all its shortcomings which one can conclude that it provides an unworkable guide to Caribbean development. In the 1990s, Samuel Huntington developed a new pattern of conflict that is called the clash of civilizations. This theory suggests that after the Cold War civilizations would be scarred by conflict. He established that there are eight major civilizations. These civilizations include Western, Japanese, Islamic, African, Chinese, Hindu, Orthodox, and Latin American. An example of civilizational clash would be Islam and the West.
Criminological theories interpret the competing paradigms of Human Nature, Social Order, Definition of Crime, Extent and Distribution of Crime, Causes of Crime, and Policy, differently. Even though these theories have added to societies understanding of criminal behaviour, all have been unable to explain why punishment or treatment of offenders is unable to prevent deviancy, and thus are ineffective methods of control. The new penology is a contemporary response that favours the management of criminals by predicting future harm on society. However, all criminological theories are linked as they are a product of the historical time and place, and because of their contextual history, they will continue to reappear depending on the current state of the world, and may even be reinvented.
Wanting to understand and be involved with putting the right criminal behind bars has always been a passion. Getting a better understanding of the criminal justice system explained how innocent can be convicted. During, this learning process it has been obvious that there are new and lethal forms of criminality, which can range from international terrorism to transnational syndicates.
Over a number of years the founders of both classical and positivism theory have helped in the evolution of the present criminal justice system today. Classical theory started to become enhanced on by Cohen. L and
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).
Winslow, R. W., & Zhang, S. (2008). Contemporary Theories of Crime. Criminology: a global perspective (). Upper Saddle River, N.J.: Pearson/Prentice Hall.
...ifferent crime patterns and thought processes of criminals. The reasons can only come from these theories and will help the justice systems become more prepared to react towards different crimes. However, with adding some enhancements, projects and experiments these two theories have the potential to change the criminology realm forever.
However, “Conflict theory holds that the administration of criminal justice reflects the unequal distribution of power in society. The more powerful groups use the criminal justice system to maintain their dominant position and to repress groups or social movements that threaten it. (Hess, Orthmann and Wright) This theory is to be a conflict about power of the people that are to be in charge such as the government and local authorities to get what they want, when where and the reason for their actions as a means of preventing those that do not have the power of authority to do as they
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 ...
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).
There are many different aspects of criminal justice policy. One in particular is the different theories of crime and how they affect the criminal justice system. The Classical School of criminology is a theory about evolving from a capital punishment type of view to more humane ways of punishing people. Positivist criminology is maintaining the control of human behavior and criminal behavior. They did this through three different categories of Biological studies, which are five methodologies of crime that were mainly focused on biological theories, Psychological theories, which contains four separate theories, and the Sociological theories, which also includes four different methods of explaining why crime exists. The last theory is about Critical criminology. Their goal was to transform society in a way that would liberate and empower subordinate groups of individuals.
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.
In 1992 within a lecture Samuel P. Huntington proposed a theory that suggests that people's cultural and religious identities will undoubtedly be the primary source of conflict in the post-Cold War world, this theory is known as the Clash of Civilizations. Therefore this essay provides a criticism of this theory, whether I agree or disagree with it and also the aspects I like or dislike about the theory as a whole.
The Classical School of Criminology generally refers to the work of social contract and utilitarian philosophers Cesare Beccaria and Jeremy Bentham during the enlightenment in the 18th century. The contributions of these philosophers regarding punishment still influence modern corrections today. The Classical School of Criminology advocated for better methods of punishment and the reform of criminal behaviour. The belief was that for a criminal justice system to be effective, punishment must be certain, swift and in proportion to the crime committed. The focus was on the crime itself and not the individual criminal (Cullen & Wilcox, 2010). This essay will look at the key principles of the Classical School of Criminology, in particular
Modernisation theory has been a dominant theory since post-World War II (McMichael 2012:5) to describe development and social change. It is structured and outlined through five different stages of 'development ladder' proposed by Walt Whitman Rostow in The Stages of Economic Growth: A Non-Communist Manifesto. (1961:4) The first premise of modernisation theory reflected by 'development ladder' is that development happened in a sequential process through stage by stage while the second premise underpinned by ‘development ladder’ is conformity towards West's values and norms. However, these two premises are found to be problematic as they are neglecting the differences in societies and assuming that the 'development ladder' system is applicable to all societies. Thus, Rostow's 'development ladder' is highly challenged as it gathers a lot of critiques.
Modernization theory is an unworkable guide for facilitating Caribbean growth because of the many weaknesses, which have been highlighted. The modernization theory although is without a doubt one of he most influential theory, is in fact an unworkable guide to Caribbean development as it simply describes the development process without showing how it might be achieved. The theory is in fact a unilinear, ethnocentric theory and it is with all it's shortcomings which one can conclude that it provides an unworkable guide to Caribbean development.