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Criminology term
The science of criminology
The science of criminology
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1) Choose the theory from part one of the course most relevant to explaining your chosen topic, and provide a succinct analysis of the theory The criminal law is shaped by the social norms and traditions of a country, as value judgements varies in time, places, social groups and even individuals, definitions of crimes or criminal acts have become more difficult and complex (Rush 2003). The main contributors of different value judgements are differences in cultural and social backgrounds among individuals. People from different social status have different concerns toward government in setting up laws and legislations. Value judgements of behaviours greatly depend on the intrinsic and extrinsic values of behaviours, whether such behaviours will bring about positive outcomes in four major aspects including moral, prudential, economic and aesthetic aspects (Millie 2011, p. 287). People tend to accept and normalize any behaviours that create benefits, therefore value judgements of individuals may hinder the …show more content…
287). These factors are fairly objective that each individual may have different feelings when overcoming same behaviours under same circumstances, this creates the complexity in determining a behaviour as inappropriate and offensive criminal behaviour under criminal law, as victims may not consider themselves as victims. In modern society, the criminal law is upheld to protect people from ‘crimes against the person’ and ‘crimes against the property’ (Rush 2003, p.15), the differences in value judgements create ambiguities in interpreting different behaviours. A legitimate criminal law should be evaluated and adjusted for better protection of people against wrongful value judgements developed from old beliefs and
Criminal law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order. Procedural matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system interact.
The criminal justice systems vary in each country as far as their policies and procedures go. Each aspect of the criminal justice system has its advantages and disadvantages. The main purpose of the criminal justice system is to sanction criminals, mitigate crime, increase security and uphold a fair system of justice. In some cultures, fairness is not always given as certain laws are expected to be honored. This paper will discuss the criminal justice system in the United States, England and Japan.
Often, a person is seen as the embodiment of the value of their action, thus a person can be seen as “good” or “bad,” and the consequences of justice that affect them are based on the general value of their general actions. The value given to actions is based on a soc...
“ Criminal law is the body of law that relates to crime.” (Wikipedia, 2014) This law encompasses several different aspects of our government and the ways used to regulate them. Maintaining the peace and order of the public is one aspect. Law enforcement officers also try to keep good conduct of the public. Anyone who places the safety of the public in jeopardy, is in violation of this law. Punishment is used in a variety of ways to discipline any person who breaks these laws. There are four main sources used in today’s criminal law:
The social world has provided us with multiple perspectives when it comes to various topics. A theory is a system of ideas intended to explain something based on general principles independent of the thing to be explained. All three views of crime were created by theorists as an attempt to explain the causes of human behaviors. Each theory offers a variety of explanations for the multiple perspectives the world has.
The criminal justice system is a group of institutions that work together to protect a society, prevent and control crime, and maintain justice; enforcing the laws regulated by society. As the years have gone by and society has evolved; so have the criminal justice system and its methods to accomplish its role in society. This short analysis will evaluate the main facts that have been affecting the criminal justice system for decades and have influenced the evolution the justice system is enduring in a changing society (Muraski, 2009). Amongst the changes in the system, we will discuss the effect the changes have had on the citizens and how their perceptions have evolved as well.
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.
During the evaluation of the events in each topic area there are some legal terms that may need to be defined. These terms may also be defined differently depending on the state that the event occurs in. At the end of this paper there is a list of definitions that describe what a certain legal action could mean. All forms of government view these definitions similarly, however, each state may have differing consequences for each of the crimes.
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.
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 ...
The social structure of a certain culture may conflict with how the laws are enforced and therefore otherwise illegal activity is
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)
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.
certain acts and persons become fitted with the label `criminal’ i.e. the process of crime interpretation by the courts
In contrast, the federal principles authorize a government attorney to contemplate noncriminal dispositions even in response to a serious activity. In light of this difference, an English policeman would doubtlessly disagree that the deterrent effect of prosecution, or the suspect’s culpability in connection with the offense are subjects he should consider in deciding whether to prosecute. He would pass that responsibility to the judge for consideration on disposition.