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While of course I sympathized with Sonya, I was also very frustrated by the way that she let herself be a 'doormat' for her family on many occasions. Instead of standing up for herself, the book seemed to validate her passivity, and also suggested that Raskolnikov emulate it in his own behavior. While of course murder is never justified, the novel seemed to suggest no middle ground between denying the need for any moral laws at all and utter subjugation.
Q4. Parts of the book, like the portrait of the drunkard Marmeladov, made me laugh, while the scene in which Raskolnikov confessed his crime before the saintly Sonya made me cringe. Even though Sonya is so pious it is almost unbelievable, it is hard not to feel sympathy for her, given the contrast between her ideals and the life she is forced to live.
Q5. It is frightening to contemplate…
For such individual dog fighting is an activity like craps or dice and just another way of scratching out a dollar. The negative features attached to such activity by whites unaccustomed to it are not realized by the black community (Laucella, 2010). Therein, is the problem that occurs in surveys of this nature. The life circumstances of whites and non-whites vary to such significant degree that comparisons of their attitudes toward matters such as crime and punishment are invalid.
The uproar that occurred subsequent to the Vick dog fighting incident are evidence of the severe difference between the white an non-white communities. While the white community voiced outrage over the activities of Vick and his involvement in such an activity the same outrage is not evidenced on a daily basis as hundreds of black young adults are murdered on America's streets on a daily basis. This dichotomy in thinking is…
Chiricos, T.and Kelly Welch, Marc Gertz. (2004). Racial Typification of Crime and Support for Punitive Measures. Criminology, 358-390.
Laucella, P.C. (2010). Michael Vick: An Analysis of Press Coverage on Federal Dogfighting Cases. Journal of Sports Media, 35-76.
Peffley, M. (2002). The Racial Components of "Race-Neutral" Crime Policy Attitudes. Political Psychology, 59-75.
Piquero, A.and Nicole L. Piquero, Marc G. Gertz. (2011). Race, Punishment, and the Michael Vick Experience. Social Science Quarterly, 535-551.
Philosophies of Punishment
estorative justice is a philosophy of punishment which does not neatly fit into conventional categories of retribution or rehabilitation. ather than focusing solely on the victim or the criminal, it attempts to restore or to rebuild what was lost, hopefully better than it was before through healing and rapprochement. A good example of a restorative act would be having a teen that scrawled anti-Semitic graffiti on a synagogue to clean up the building and attend pro-tolerance sensitivity training. Dialoguing between victim and victimizer is also a frequently-used component of restorative justice. ather than simply pooling the resources of the criminal justice to improve the life of the offender, restorative justice promotes healing by asking the offender to give back to the community. However, the offender is not simply healed. The victim also benefits from the restorative process. The expenses of rehabilitation are at least partially defrayed by…
Tullis, P. (2013). Can forgiveness play a role in criminal justice? The New York Times.
Retrieved from: http://www.nytimes.com/2013/01/06/magazine/can-forgiveness-play-a-role-in-criminal-justice.html?pagewanted=all&_r=0
What is restorative justice? (2014). Restorative Justice. Retrieved from:
Some of the entries are closely related, but the search function appears to pull up every entry that has any of the words for which a person searches. That can be very frustrating, because it produces a large number of entries that are not related in any way to the original search. Encyclopedia Britannica also requires a person to sign up for a free trial period in order to read any of the entries (Encyclopedia Britannica, 2011). After that trial period is over, one must pay for the service. ikipedia requires no sign-up, and there is no cost for searching or reading on the site (ikipedia, 2011).
Overall, ikipedia excels over Encyclopedia Britannica when searching for crime and punishment in the 18th century or anything else. hile neither site has a page specifically dedicated to that issue and it is necessary to perform several searches on each site in order…
Encyclopedia Britannica. 2011. Britannica - the Online Encyclopedia. Web. 30 September 2011.
Wikipedia. 2011. Wikipedia. Web. 30 September 2011.
The second reason punishment is handed out following a conviction is to appease the victim or the victim's family and let them know that justice was served. If someone is the victim of a crime they often feel violated and angry that someone could do this to them. Idea of revenge may enter their mind or they may find themselves dwelling on the event. The punishment lets them know that the criminal did not get away with the commission of the crime and that society does in fact recognize that they committed it.
Both of these are foundations for the court system handing out punishment following the conviction of a criminal.
A side note to the entire process is political. Politicians often use the punishment system as a platform for election reminding voters that they supported this punishment tier system or that one. They do so in the effort to…
Chemerinsky, Erwin (2004) the Constitution and punishment.(how Supreme Court
Stanford Law Review
First, the old pawnbroker may be viewed an evil person who is actually harming society by her vile and cynical grasp on the poor citizens who come to her for pawning. According to Hegel, any harmful segment of society should be removed. Therefore, Raskolnikov reasoned that by murdering the old pawnbroker, he would be removing a harmful thing from society.
Next, Hegel believed that the ends justified the means, i.e., if the ends are noble, then the means may be justified. Using this rationale, the old pawnbroker has a lot of money which will be wasted upon useless masses and requiem services after her death. With this money, Raskolnikov would be able to complete his education without being cramped and the may devote himself to the service of humanity.
Lastly, Hegel argued that one small crime may be wiped out by thousands of good deeds. Raskolnikov could use the money…
hen considering the effectiveness and logic of this, I do not think that similar methods should be used to punish those who have been judged guilty of crimes in our era.
The first reason I disagree with Dante's methods is that there seems to be no point to the punishments given. I believe that punishing people in a way that is fitting to the crime will only work to reinforce the kind of behavior that led to the crime. One clear example is with people who have committed wrath, with all these people placed together so they will be violent against each other. In considering these people, there is little chance that they will become better people because of the punishment. Instead, they will have little choice but to become increasingly violent. In this way, the crime fitting the punishment has no positive outcome, but has a negative one. It…
Dante, A. "Inferno." The Norton Anthology of World Masterpieces. Eds. Sarah Lawall and Maynard Mack. New York W.W. Norton & Company, 1999: 1293-1409.
Crime and Punishment
Acutely aware of and deeply concerned about Russia's social, political, and economic problems, Fedor Dostoevsky infused his literature with realism and philosophical commentary. Crime and Punishment, besides being a superbly crafted novel, captures the economic despair that characterized life in Russia before the revolution. Dosteovsky's novel serves as a historical marker that delineates the social, political, and economic motivators for the Russian Revolution. Through the minds of the novel's main characters, modern readers perceive the various changes that swept through Russian society at the end of the nineteenth and beginning of the twentieth centuries. In Crime and Punishment, Dostoevsky focuses primarily on the economic despair that caused widespread social and psychological problems in pre-Revolutionary Russia. However, the author denounces radicalism as a viable solution to social and economic woes. Instead, Dostoevsky proposes humanitarian ideals such as love, compassion, and friendship, as the only real means to creating…
From a good soldier, he turns into a bad king. He becomes a man who believes the transparent lies of the witches who, along with the urging of his ambitious wife, motivated him to commit the murder of King Duncan.
Hamlet: Hamlet's depressed and uncompromising nature resonates with anyone who has ever been an adolescent. Hamlet is intensely critical of aspects of his society others take for granted, such as King Claudius' right to marry his brother's widow and Old Hamlet's suspect death. Hamlet's criticism can be harsh, and misogynistic as well as misanthropic, but he is an inspiring example for young readers. He urges readers and playgoers today to continually question the morality of their elders and betters, and strike out against the 'smile' or lie that hides the real truth about power in society.
The Scarlet Letter: Nathaniel Hawthorne's Scarlet Letter shows that the appearance of religion without…
Beccaria and Enlightenment
Beccaria's text upon the subject on the most appropriate way to punish criminals and to adjudicate crimes epitomizes the Enlightenment project in two basic areas. Firstly, from the very beginning of his text, Beccaria upholds that all human beings, regardless of their state of birth, have a right to live in a just and fair society and to be judged upon the same principles as other member of that society. He writes, thus, against the tyranny of a mindless obedience to royalty and against to principles obeyed simply out of custom. "In every human society, there is an effort continually tending to confer on one part the height of power and happiness, and to reduce the other to the extreme of weakness and misery. The intent of good laws [is] to oppose this effort and to diffuse their influence universally and equally." (Chapter 1) Humanity's basest instincts,…
An Essay on Crimes and Punishments by Cesare Beccaria, 4th ed. F. Newberry: London, 1775. Republished by International Pocket Library. With an Introduction by Adolph Caso." Branden Press, 1983.
Razumikhin Serves as Raskolonikov's Foil In Fyodor Dostoyevsky's Crime And Punishment; However, There Are Other Foils Present In The Book
Differences between seeing life
How each man describes each other
Similarities between Razumihin and Raskolonikov
Differences between treatment of friendship
Differences in the symbolism of the names
Other foils to Raskolonikov
Raskolonikov's conscience and intellect
All other characters
Razumikhin and Raskolonikov
Razumikhin serves as Raskolonikov's foil in Fyodor Dostoyevsky's Crime and Punishment; however there are other foils present in the book. In many ways the Razumikhin and Raskolonikov's characters are similar, for instance in their social and financial statuses; nevertheless, their personalities and ideals are quite different. Razumikhin is not Raskolonikov's only foil. There are several foils, including Sonia and Svidrigailov. To push the definition of a literary foil, Raskolonikov's split personality also serves as a foil to each other. The purpose of the paper…
Beyer, Thomas, Jr.. Crime and Punishment: Summary and Study Guide. Some facts that the English reader should know. 2002. 18 Nov. 2003. http://community.middlebury.edu/~beyer/courses/previous/ru351/novels/cp/CPstudy.shtml
From the London "Times." 1917.Criticisms and Interpretations. III The Harvard Classics Shelf of Fiction. Volume XVIII New York: P.F. Collier & Son, 1909-1917. New York: Bartleby.Com, 2001. 20 Nov. 2003. http://www.bartleby.com/318/1003.html .
Heino, Hannes. "Crime and Punishment as a Polyphonic Novel." Dostoevsky's Crime and Punishment. 2000. 20 November 2003. http://www.slav.helsinki.fi/russ/kurssit/prestup.html.
Jones, Malcolm V Dostoevsky: The Novel of Discord. London: Paul Elek, 1976.
Crime and Punishment
Ours is an extremely violent kind of world where even the most common type of folk can find themselves faced with types of unspeakable horrors and criminal activity through little or no intention of their own. In American literature, a common theme is the concept of the freedom of choice and how a person's choices come to affect not only themselves, but all of the people around them. Some of the choices that people, and their literary counterparts, make lead them to crime. It is the purpose of the American justice system to ensure that crimes are punished. However, in literature, that is not always the case. Crime in the American judicial sense is activity which violates the laws of the United States of America. In literature, these are not always the crimes that the authors feel deserve punishment. Three specific stories which deal with crime and…
Andrews, William L., Frances Smith. Foster, and Trudier Harris. The Concise Oxford
Companion to African-American Literature. New York: Oxford UP, 2001. Print.
Baldwin, James. "Sonny's Blues." 1957. Print.
Bandy, Stephen C. "One of my Babies: The Misfit and the Grandmother." 2011. Print.
e. D (0), the cost of fighting crime / proportion of corrections i.e. C (P0) and the crimes / social costs / negative impacts on to offender i.e. FO. These different elements are important, because the combination of them is helping us to understand the total impact of crime and punishment on the economy.
As a result, these different factors are used in a basic formula to comprehend the effects of social phenomenon and crime on the economy. elow is the equation that is used to objectively evaluate what is occurring.
L (social / economic impact) = D (0) + C (P0) + FO
This formula is important, because it is providing us with a basic strategy that can be used to objectively evaluate the how crime and punishment are impacting society. Once this occurs, is when we can see the total economic impact of this on communities and the…
Becker, Gary. "Crime and Punishment." The Journal of Political Economy 76.2 (1968), 169 -- 217. Print.
History of Crime and Punishment in Europe 17C-18C
This paper traces the history crime and punishment in Europe. It looks at the influences of that time the social and philosophical movements and how they affected the whole evolution of treatment of crime and the thought behind punishment. The paper details about the neoclassical period its forbearers and how they regarded the issue of crime and punishment and their assumptions regarding the problem.
Crime is as old as civilization itself and where you find groups of people, you will consistently find some shape of criminal activity. You will also find punishment. The criminal has always been seen as undermining the values and, even, the very fabric of the society she or he deceives. Accordingly, those found out or found culpable have often been dealt with unsympathetically. Again, the Jewish Mythology will spring to the Western mind with its mantra of an…
Andrews Richard Mowery. 1994. Law, Magistracy and Crime in Old Regime Paris, 1735-1789. Cambridge: Cambridge University Press.
Dictionary of the History of Ideas. 1973-4. 5 vols. Edited by Philip D. Wiener New York: Scribners
Gatrell, V.A.C., Bruce Lenman and Geoffrey Parker eds. 1980.Crime and the Law. The Social History of Crime in Western Europe since 1500. London: Europa.
Garland, David. 1985. Punishment and Welfare: In History of Penal Strategies. Aldershot: Gower. GOLDMANN Lucien. 1973. The Philosophy of the Enlightenment. Cambridge: Harvard University Press.
1. How does reading a trial transcript provide a unique view into crime?
Reading a trial manuscript provides a unique view into crime because it gives the perspective of the judge as well as the litigants and examines the case in terms of precedents set by previous cases under the law. It also provides a judgment from the bench which can be agreed with or disagreed with by the reader of the transcript. In short, it gives a perspective that can be useful into understanding the mindsets of the people involved in the case at the time when it was heard.
This is why it is important to have numerous perspectives when looking at history. History is full of a variety of incidents and ideas that interact with one another, that impact and are impacted by each other as time goes on. A single perspective on a case trial is…
I maintain that all living things share an understanding that actions have consequence. I believe that even complex underlying psychological and sociological issues can be circumvented by directly addressing such most fundamental knowledge.
As for deterrence, I believe that the retributive system can in itself serve as a future deterrent, even if it does not do so intentionally. As mentioned, Kant held that any criminal activity is not only a crime against society, but a crime against the criminal him- or herself, since the criminal will suffer for these crimes, even as the victims of the crimes have suffered. Hence, there are no beneficiaries in the system and he deterrent is the threat of punishment itself.
As for rehabilitation programs, these have been notoriously ineffective, regardless of millions upon billions of dollars spent on the research and implementation involved. Even research into the underlying issues surrounding criminal activity has not…
Crime Punishment Philosophy
Since the beginning of the 70s, the number of people inducted in jails and state facilities has increased to an astonishing level. In the present, more than two million individuals are serving jail time in either jails or state prisons. The growth of crime rate and imprisonment can be greatly attributed to the African-American and Hispanic communities residing in the U.S., who still categorize as the poor communities in the urban areas of the country. Even though, the increasing number of arrests and incarceration should in theory have reduced the crime rate, considering that the incarcerated offenders are no longer free to rob, mug or assault (Ezorsky, 1972).
Historical Context of Crime elated Policies and Punishment
However, no large scale crime reduction was recorded till the 1990's, that's when an actual decrease in crime was observed throughout the country. The most important point to be noted here…
Ezorsky, G. (1972). Philosophical Perspectives on Punishment. Albany: State University of New York Press.
Foucault, M. (1977). Discipline and Punish: The Birth of the Prison. Translated by Alan Sheridan. New York: Vintage.
Garland, D. (1993). Punishment and Modern Society: A Study in Social Theory. Chicago: University of Chicago Press, 1993.
Hart, H.L.A. (1968). Punishment and Responsibility: Essays in the Philosophy of Law. New York: Oxford University Press.
Punishment in the U.S. Correctional System
IN ITS RIGHTFUL PLACE AND FORM
Punishment in the U.S. Corrections System
Objectives of Punishment
These are to punish the offender, to protect the population from him or her, and to rehabilitate him or her (eNotes, 2013; Law Link, 2003). The first goal of punishment is theoretically intended to discourage or deter a repeat of the offense and a demonstration of why it should be avoided. The most common example of punishment is incarceration. Others are the death penalty and lesser penalties, such as probation. The second goal of the correctional system next to punishing the offender is to insure the protection of society from criminals. This is carried out by policing the streets and separating criminals through imprisonment to prevent them from repeating or performing more crimes. And the third objective is the rehabilitation of the offender so that he or she can…
ENotes (2013). Sentencing and sentencing guidelines. Encyclopedia of Everyday Law.
eNotes.com. Retrieved on January 25, 2013 from http://www.enotes.com/criminal-law-reference/sentencing-and-sentencing-guidelines
Law Link (2003). Sentencing. Law Reform Commission Report 102. Retrieved on January 25, 2013 from http://www.lawlink.nsw.gov.au/lcr.nsf/pages/r102chp03
Rank, J. (2012). Determinate sentence. Net Industries and Its Licensors: JRank.org
I do, however, contend that appropriate rehabilitation programs will make this at least unlikely.
On the other hand, one must acknowledge that such rehabilitation programs are not always available and often not appropriate to the specific person having committed the crime. Hence, what I am suggesting is that more research be commissioned to create better ways of responding to various criminal offenses. Offenders of certain petty crimes, for example, can be required to commit a number of hours to appropriate community services along with being admitted to rehabilitation groups or programs.
While I therefore do not doubt that danger to society can be limited by removing certain offenders from the streets, I highly doubt that it is an appropriate response to all criminal activity.
Furthermore, what length of incarceration would be deemed appropriate for the removal of any given criminal to ensure that he or she does not offend again?…
Crime and Violence: Cultural eliefs and iases
Religion and Stereotyping
Diverse sociocultural customs promote diverse forms of aggression; e.g., the conventional idea that males are authorized, by nature, to discipline or control females renders the latter susceptible to sexual abuse and spousal violence. Societal tolerance towards such hampers external intervention, preventing victims from protesting and seeking support. Sexual abuse reporting is also hampered by the stigma certain cultures attach to victims. Further, the powerful link between violence and drunkenness implies societies' and cultures' alcohol utilization trends and the related impacts also promote and warrant violence. Several nations report alcoholism accounting for sixteen percent of female and twenty-six percent of male DALYs (disability-adjusted life-years) loss due to murders. Initiatives challenging socio-cultural customs supporting aggression are normally combined with other strategies (WHO, 2009).
Prior studies have revealed a consistent association between religious participation and positive conduct in society among youngsters. Religious organizations…
Armstrong, A. C. (2015). Race, Prison Discipline, and the Law. UC IRVINE LAW REVIEW, 759.
Barak, G. (2009). Class, Race, and Gender in Criminology and Criminal Justice: Ways of Seeing Difference. Second Annual Conference on RACE, GENDER and CLASS.
Blow, C. M. (2014). Crime, Bias and Statistics. Retrieved from The New York Times: https://www.nytimes.com/2014/09/08/opinion/charles-blow-crime-bias-and-statistics.html
Becker, Gary S. "Crime and Punishment: An Economic Approach." Journal of Political Economy 76 (1968): 169 -- 217.
Crime and Deviance
Crimes and increasing criminal activities have become a major concern for the security enforcement agencies. They seek help from technology as well as social and psychological theories to prevent crimes and deal with them. The first priority of security agencies is to prevent crimes and the second priority is to control them by punishing the criminals so that they become an example for the society. This paper offers an insight to how the crime prevention activities can be implemented. This includes understanding few biological, psychological and sociological theories pertaining to crimes and criminology. Human being's generally and criminals specifically act under the influence of some physical, environmental, cultural and individual factors that will be discussed in this paper.
Theories of Crime and Deviance
Crimes as well as deviance are behaviors that show violation from the settled and accepted norms of a society. Crime is something that is…
Cohen, P 2011, Genetic basis for crime: A new look, viewed 26 November, 2013, Retrieved
Community Crime Prevention Guide, n. d., viewed 26 November, 2013, Retrieved from: http://www.criminaljusticereform.gov.bc.ca/en/what_you_can_do/crime_prevention/
Crime Control: A Short Note, n.d., viewed 26 November, 2013, Retrieved from: http://ncthakur.itgo.com/chand3c.htm
Punishment Compared With the Effectiveness of ehabilitation
For most people within the criminal justice system, as well as society at large, rehabilitation and punishment are two choices which must be taken, rather than taking their synonymous meanings. They give the impression to be like possible synonyms or ways to refer to same processes. Is punishment rehabilitation? Or alternatively, is rehabilitation punishment (McNeill, forthcoming)?
The supporters of rehabilitation view offending etched in people's experience of injustice and social expulsion, to bank on an individual's (criminal) responsibility (the punishment is based on that) as ill-conceived and to emphasize the role of the state to rectify the mess of the total crime produced. Punishment for certain rehabilitationists seems like a fancy term use. Meanwhile, the critics argue that there could be vengeful, appropriate and fair terms to pile up (McNeill, forthcoming).
For many rehabilitation professionals, those who happen to be compassionate about the…
Crow. I. (2001) The Treatment and Rehabilitation of Offenders. London: Sage.
Logan, C.H. And Gaes, G.G. (1993). Meta-Analysis And The Rehabilitation Of Punishment. Justice Quarterly, Vol. 10 No. 2.
McNeill, F. (forthcoming). When Punishment is Rehabilitation.Submitted to: G. Bruinsma and Weisburd, D. (eds.) (forthcoming) The Springer Encyclopedia of Criminology and Criminal Justice.Springer.
Raynor, P. And Robinson, G. (2009) Rehabilitation, Crime and Justice.Houndmills: Palgrave Macmillan.
On the other hand, cardinal proportionality supports maintenance of a realistic proportion amid all levels of punitiveness and criminal conduct gravity. While ordinal extent is scaled with respect to principles of desert, putting crime in comparison with punishment with a variety of punishments already set through cardinal limits determination, cardinal extent cannot be fixed in the similar manner. Given that there are no natural proportions amid punishment and crime, the real anchoring points of the system must be fixed with respect to some decisive factor and not desert. Once the limits are provided, proportionality becomes feasible. The proportionality of cardinal limits are set with respect to deterrence needs. According to Hirsch (1992), crime-prevention effects and accessible prison facilities are pertinent in affixing punishing scale.
Given that the interpretation of prison sentences in ostensibly objective units of years or months, people acknowledge Hirsch views on the principle of proportionality. However, the…
Hirsch, A. (1992). Proportionality in the philosophy of punishment. Crime and Justice, 16, 55-
Tonry, M. (2011). Why Punish? How much?: A reader on punishment. Oxford: Oxford
crime rate data of burglaries in two U.S. metropolitan localities.
The UC (Uniform Crime eporting) Program of the Federal Bureau of Investigation describes the act of burglary as illegal entry into a structure for committing theft or a felony. For labeling a crime as burglary, it is not necessary for the element of 'forced entry'. UC provides three sub-categories of burglary: forced entry; non-forced, illegal entry; and attempted forced entry. It defines the term "structure" as any apartment, houseboat or house trailer (utilized as permanent lodgings), office, barn, stable, vessel or ship, and railroad car (however, automobiles are not included). In the year 2012, approximately 2,103,787 burglaries were reported -- a 3.7% decline from the previous year (FBI -- Burglary). Compared to the figures for 2003 and 2008, burglaries declined in 2012 by 2.4% and 5.6%, respectively. The approximate burglary rate constituted 23.4% of the approximate property crime rate. Subcategory-wise,…
(2014). Atlanta Criminal Law Attorney - Lisa L. Wells - Former Prosecutor - Atlanta Criminal Defense Lawyer - DUI Attorney. Conviction of a Georgia Burglary Carries Severe Penalties - Lisa L. Wells - Former Prosecutor - Atlanta Criminal Defense Lawyer - DUI Attorney. Retrieved August 25, 2016, from http://atlantacrimelawyer.com/conviction-georgia-burglary-carries-severe-penalties/
Diggs. (n.d.). EHow - How to - Discover the expert in you! - eHow. Factors Influencing the Crime Rate - eHow. Retrieved August 28, 2016, from http://www.ehow.com/list_5969328_factors-influencing-crime-rate.html
(n.d.). FBI -- Uniform Crime Reporting. FBI -- Burglary. Retrieved August 25, 2016, from http://ucr.fbi.gov/crime-in-the-u.s/2012/crime-in-the-u.s.-2012/property-crime/burglary
Miller. (2016). KTXS Homepage - KTXS. Abilene crime stats for 2014: Drastic increases in serious crimes - KTXS. Retrieved August 25, 2016, from http://www.ktxs.com/news/abilene/abilene-crime-stats-for-2014-drastic-increases-in-serious-crimes/12504383
Punishment: Too Much or Not Enough
The purpose of the punitive measures effected by the criminal justice system has changed over time, especially as that system operates in America. There are several ideological stances to consider in regards to such punishment, which largely incorporate criminal, sociological, and moral viewpoints. The ebbing and swaying of various tenets espoused at different times and with varying popularity have largely resulted in today's criminal justice system in which punishment is largely viewed as a means of retribution. As such, punishment levied upon those convicted of criminal offenses is decidedly lengthy, resulting in a climate in which there appears to be a surfeit of punishment resulting in a system in which authors argue that "we are indeed ill" (ose, no date, p. 978). Certain other factors intrinsically related to the criminal justice system, such as the imminence of plea bargaining and the lucrative business of…
Banks, C. (2012). Criminal Justice Ethics. New York: Sage Publications.
Dzur, A.W. (2012). Punishment, Participatory Democracy, and the Jury. New York: Oxford Press.
Miller, D.W. (2010). The drain of public prison systems and the role of privatization: a case study of state correctional systems. www.csa.com. Retrieved from http://www.csa.com/discoveryguides/prisons/review.php
Rose, M. (No date). Book reviews. Law & Society Review.
"Anything goes" is an interesting way to describe the current state of the nation's approach to punishment. Do you feel it is accurate? If yes, why? If not, why not? What other aspects of our nation's current approach to sanctions -- besides those listed and discussed by Blomberg and Lucken -- do you feel bolsters your position?
I do not feel that the "Anything goes" penal strategy is accurate for the nation's approach punishment. It is not a perfect way of ensuring that there is justification especially after punishment. The main aim of punishment in the society is to promote justification, which will then lead to harmony within the people. However, the "anything goes" penal strategy involves the prisoners undergoing any type of punishment as regarded by the states (Blomberg & Lucken, 2010). The option of the punishment does not always involve the input of the citizens and other…
Blomberg, T.G., & Lucken, K. (2010). American penology: A history of control. New Brunswick [N.J.: AldineTransaction.
On March 9th, 2013, two New York City police officers shot and killed a sixteen-year-old Kimani Gray, and claimed afterward that he had brandished a handgun at them after being told to show his hands (Goodman, 2013). More remarkable than the New York Police Department's killing of a young black male, however, was the outpouring of community grief and anger that followed the shooting. The following Monday, March 11th, saw what started as a nighttime vigil turn into a mob, parts of which ended up looting a ite Aid chain store and a local bodega, and by Wednesday night of that week, forty-six people had been arrested, a bricks had been thrown at both a police officer and a police van (Goodman, 2013). The explosion of disorder and discontentment took some in the media and policing community by surprise, but these evens could only be surprising to someone lacking…
Alanezi, F. (2010). Juvenile delinquency in kuwait: Applying social disorganization theory.
Domes, 19(1), 68-81.
Borg, M.J., & Parker, K.F. (2001). Mobilizing law in urban areas: The social structure of homicide clearance rates. Law & Society Review, 35(2), 435-466.
Brisman, A. (2011). Advancing critical criminology through anthropology. Western Criminology
Crime, Punishment & Justice in Great Expectations
Crime, Punishment and Justice in Great Expectations
In his novel Great Expectations Charles Dickens' characters often seem to be operating outside or just outside the law in gray areas where what is legally correct clash with what is morally the right thing to do. The theme of crime in Dickens' novels is used as a focal point to explore his deep concern for the pervasive array of social problems that permeated England in the nineteenth century (Ford 82-83).
Dickens frames this novel as an individual's struggle to rise above the social and political conditions of that time. Criminality, punishment, and a perverse sense of justice are some of the themes Dickens surfaces to explore this world. At several points throughout the novel convicts come into the story, Pip encounters Magwitch on the marshes in the first chapter (Dickens 2), Magwitch and Compeysen are…
Davie, Neil. "History Artfully Dodged? Crime, Prisons and the Legacy of 'Dickens's England'." Dickens Quarterly, Vol. 28, Issue 28, December 2011: 261-272. EBSOC Web. 6 December 2012.
Dickens, Charles. Great Expectations. Janice Carlisle (Ed.) New York: Bedford Books of St. Martin's Press, 1996. Print.
Ford, George H. Dickens & His Readers. New York: W.W. Norton & Company Inc., 1965. Print.
Lucas, John. The Melancholy Man: A Study of Dickens's Novels. London, UK: Methuen & Co. LTD., 1970. Print.
As Schmalleger explains, the American juvenile-justice system was designed a century ago to reform kids found guilty of minor crimes, but more and more, the system has to cope with more violent crimes committed by younger people. The response on the part of lawmakers has been largely to siphon the worst of these young people out of the juvenile system by lowering the age at which juveniles charged with serious crimes can be tried in adult courts, a trend that seems to increase around election time. The underlying philosophy of early juvenile courts was parens patriae, which means that the courts took the role of parent and protected the rights of the child. Shifting the child to adult court reduces his or her rights rather than increasing them and also bring son harsher punishments. As Daniel P. Mears notes, the creators of the juvenile court system thought it would…
Eskridge, Chris W. Criminal Justice, 4th edition. New York: Roxbury, 1993.
Schmalleger, Frank. Criminal Justice Today 8th edition. Upper Saddle River, New Jersey: Pearson/Prentice Hall, 2005.
The changing nature of crime should make criminology, in terms of criminal laws, flexible and up-to-date. The law must have a regular review to ensure that the society is governed by proper and accurate directives to guarantee peace and equality among the people. Moreover, flexibility is important to ensure that right punishment is rendered to every crime. Another impact that criminology holds because of the changing nature of crime is the goal and objective of assessing their tools and technology that fight against crime.
Unlike some decades ago, guns and written laws are not the only tools these days that can prevent crimes and put the criminals in bars. Because of the diverse high technology that emerges, it is important that criminology has the right and advance instruments that can enhance their purpose of serving and ensuring peace to society.
Once inmates were encouraged to complete an education while in prison and gain skills to get a paying job so they could be self-supporting once they got out, but that is no longer so. The public attitude was, "Why should criminals get a free education? Law abiding citizens have to pay for college." The overcrowded conditions, caused by long mandated sentences for non-violent drug offenses put an end to social programs in the prisons aimed at preparing prisoners to live as law-abiding citizens when they got out.
Privatization of prisons, which makes them cheaper to run, has had negative effects. Some researchers contend that by putting private companies in charge of prisons, we have created a market economy for crime with a market demand for prisoners. More people in prison provide more business for these companies. These companies have strong lobbies that pressure for harsher and longer sentences. For example,…
Beaudoin, Jack. "Does the U.S.Abuse Human Rights," Scholastic Update. 8 Dec. 1997.
Bohm, Robert. "Crime, Criminals, and Crime Control Policy Myths," Justice Quarterly,
Chavez, Linda. "One of the Keys to Reducing Crime is Ridding our Prisons of the Crimes Committed There," Enterprise/Salt Lake City, May 15, Vol 29, Iss. 46,
Green, Bonnie L.; Miranda, Jeanne; Daroowalla, Anahita; and Juned Siddique. "Trauma
Crime of Conspiracy
The recent case whereby criminal charges were imposed in Aaron Swartz caused frenzy throughout the country. In my perspective, a criminal penalty was essential for this case. Swartz had announced he would be committed to opposing the law as a moral impervious to invalidate the federal laws in existence for information access effectively. In this case, one decided to disobey the law intentionally, just because he wanted to achieve a goal in an anti-democratic policy way and there is a display by both deeds and words that he will precede. It is very deliberate for the criminal law with its power to enforce a penalty under the law that the individual violated intentionally. In actual sense, the law is the fact about civil disobedience: the main function of the punishment is to focus on the same law deemed unjust. As was in this case, I think the…
Samaha, J. (2011). Criminal Law (10th ed.). Belmont, CA: Wadsworth Cengage Learning.
Gillies, P. (2009). The law of criminal conspiracy. Sydney: Federation Press
Rowlett, C. (2005). Labyrinth 13: True tales of the occult, crime, & conspiracy. United States:
Punishments for First Degree Murder
The harshest sentences in law are reserved for first-degree murder convictions. It is important to note that although the statutory sentencing options vary from state to state, first-degree murders (unlike second-degree murders) still attract sentences which although not unusual, are particularly harsh. In this text, I explore punishments for first-degree murders. In so doing, I will largely concern myself with the death penalty.
Punishments for First-degree Murder
Essentially, "murder of the first-degree is murder which is perpetrated by means of any kind of willful, deliberate, and premeditated killing" (Samaha, 2011). Before a conviction is secured against the accused, the three elements identified above must be proven beyond any reasonable doubt (Samaha, 2011). As I have already pointed out in the introductory paragraph, being the highest form of murder, fist-degree murder attracts the most severe punishments. Defendants in this case are in most cases eligible for…
Kurtz, L. (Ed.). (2008). Encyclopedia of Violence, Peace, & Conflict (2nd ed.). Fairfax, VA: George Mason University.
Samaha, J. (2011). Criminal Law (10th ed.). Belmont, CA: Cengage Learning.
Siegel, L.J. (2009). Introduction to Criminal Justice (12th ed.). Belmont, CA: Cengage Learning.
Siegel, L.J. & Bartollas, C. (2010). Corrections Today. Belmont, CA: Cengage Learning.
Crime vs. Sin
A criminal justice agency, specifically the police department relies very heavily on its organization to fulfill its duties to society, which is to protect from crime and to serve justice (Kenney & McNamara, 1999). The justice which is to be served depends on the severity of the offense or crime. Crime is quite a complex subject which can be divided into two different categories: natural crime and legal crime. Only legal crime can be processed/punished by the Criminal Justice System. These are acts which are the direct violation of the law which varies from state to state and country to country (Finnis, 2007). This is known as Mala prohibita, or something which is known as a legal crime which is punishable by the law (Vila & Morris, 1999). Natural crime is something which is not written; it is determined by the society you live in and most…
Bronsteen, J., Buccafusco, C., & Masur, J.. (2010). Retribution and the Experience of Punishment. California Law Review, 98(5), 1463. Retrieved February 7, 2011, from Criminal Justice Periodicals.
Conlon, B., Harris, S., Nagel, J., Hillman, M., & Hanson, R. (2008). Education: Don't Leave Prison Without It. Corrections Today, 70 (1); 48-49, 51-52.
Davis, M.S. (2006). Crimes Mala in Se: An Equity-Based Definition: Criminal Justice Policy Review, 17 (3) 270-289. Sage Publications, 2006.
Finnis, J. (2007). Stanford Encyclopedia of Philosophy: Natural Law Theories. Retrieved February 4, 2010, form web site: http://plato.stanford.edu/entries/natural-law-theories/
Crime a Socially Constructed
One's conduct or deeds turn into a crime or an offence via a progression of societal or communal conditioning. The same deed can be regarded as wrong in one community and act of valor in another or in the same community at a different point in time. The lawful status of a deed-whether it is an offense-does not depend on its substance, but on the communal reaction to that deed or to the individual who does it (osenfeld, 2009). Shifts in the lawful status of a particular deed can be due to communal changes or may be part of serious communal differences. The latest debates and confrontations over assisted suicide and abortion policy are two fine examples in the U.S. Lastly, the communal reaction to crime, social science theories on illegal behavior included, is founded on the significance of the deed and also the communal and…
Rosenfeld, R. (2009). The Social Construction of Crime . Available: http://www.oxfordbibliographies.com/view/document/obo-9780195396607/obo-9780195396607-0050.xml . Last accessed 9 Mar, 2015.
Henry. (2009). Social Construction of Crime. Available: http://www.sagepub.com/haganintrocrim8e/study/chapter/handbooks/42347_1.2.pdf . Last accessed 9 Mar 2015.
In other words, there is a preoccupation with repeat offenders and the first time offenders seem to get less severe penalties. As crime levels continue to rise although the media tends to report the opposite, citizens seem more dedicated to getting even first time offenders off of the streets.
Carlsmith, Kevin J., Darley, John M., & obinson, Paul H. (2002). Why Do We Punish? Deterrence and Just Deserts as Motives for Punishment. Journal of Personality and Social Psychology, Vol. 83 No. 2, 284-299.
Curry, Theodore ., Lee, Gang, & odriquez, S. Fernando (2004). Does Victim Gender Increase Sentencing Severity? Further Explorations of Gender Dynamics and Sentencing Outcomes. Crime & Delinquency, Vol. 50 No. 3, 319-343.
Saks, Michael J. (1989). Legal Policy Analysis and Evaluation. American Psychological Association, Vol. 44 No. 8, 1110-1117.
Sanders, Trevor, & oberts, Julian V. (2000). Public Attitudes Toward Conditional Sentencing: esults of a National Survey.…
Carlsmith, Kevin J., Darley, John M., & Robinson, Paul H. (2002). Why Do We Punish? Deterrence and Just Deserts as Motives for Punishment. Journal of Personality and Social Psychology, Vol. 83 No. 2, 284-299.
Curry, Theodore R., Lee, Gang, & Rodriquez, S. Fernando (2004). Does Victim Gender Increase Sentencing Severity? Further Explorations of Gender Dynamics and Sentencing Outcomes. Crime & Delinquency, Vol. 50 No. 3, 319-343.
Saks, Michael J. (1989). Legal Policy Analysis and Evaluation. American Psychological Association, Vol. 44 No. 8, 1110-1117.
Sanders, Trevor, & Roberts, Julian V. (2000). Public Attitudes Toward Conditional Sentencing: Results of a National Survey. Canadian Journal of Behavioral Science, Vol. 32 No. 4, 199-207.
Until we can raise the dead, this will remain the fact and justice demands that in the rare times the death penalty is carried out, the evidence commanding its use must incontrovertible and absolutely certain or the punishment can not be carried out. Certainly, the dialogue over the death penalty raises the question of exactly how effective punishment is as opposed to the crimes that are being committed.
Are the costs of punishment outweighed by the benefits and what are the benefits if any? e will use the drug enforcement issue as an example in this essay. This author would argue that we would we be better off if less drug crime resulted in punishment. The costs far outweigh its benefits.
There is no other area where this is more of a question than in the area of the punishment of drug offenses. In an era of increased incarcerations of…
Diament, Nathan J. "Judaism and the Death Penalty; of Two Minds but One Heart."
Institute for Public Affairs. Orthodox Union, 01 April 2004. Web. 20 Mar 2011. .
Kreit, Alex. "The Decriminalization Option: Should States Consider Moving From a Criminal to a Civil Drug Court Model? TJSL Research Paper No. 1594527." Thomas Jefferson School of Law. Kreit, a.: San Diego, CA, University of California San Diego. 2010. 1-67. Print.
Many people using illicit and illegal drugs often have no impulse control and may turn violent or to another form of crime. Once an individual's mind is altered from the constant use of drugs, he or she will often steal, lie, and cheat to make the next dollar to obtain more drugs.
Many people could share family related drug stories that have led to criminal activities. About 10 years ago, several acquaintances under the influence of cocaine robbed a pharmacy and stole thousands of narcotics. The man and women then stole a car and cocaine from a dealer and drove across the country; several days later they were both apprehended and sent to jail for a long time. This example illustrates that one impulsive behavior after another can lead to a series of crimes committed. Freud's Psychoanalytical Theory offers a rationale to why individuals would use illegal drugs -- impulse…
Bureau of justice statistics- drug use and crime. (2009, October). Retrieved from http://bjs.ojp.usdoj.gov/index.cfm?ty=tp&tid=352
Crime. (2011, June). Retrieved from http://www.thefreedictionary.com/crime
Freud, S. (1961). The Complete Works of Sigmund Freud (Vol. 19). London: Hogarth.
Lerner, L., Lerner, B.L., & Cengage, G. (2006). Criminology. World of forensic science, Retrieved from http://www.enotes.com/forensic-science/criminology
Interestingly, although Raskolnikov's punishment comes before the end of the novel, only after he is banished to Siberia is he able to truly let God into his heart. This shows how earthly punishment and salvation are not always linked. The novel ends with him throwing himself upon Sofia's mercy, as she finally understands that he has accepted God into his heart and been redeemed.
Although no figure is Christ-like in the novel, Sofia acts like a figure of wisdom and a facilitator of Raskolnikov's faith. She inspires him to reject secular philosophy for God, as philosophy and his intellect cannot save him, only religion. Although Sofia has no education, she is depicted as wiser than most of the learned men in the novel. Sofia hears Raskolnikov's first confession of his crime, before the authorities. Unlike the anonymous authors of Beowulf, for Dostoevsky true heroism is sacrifice and repentance, not manifesting…
1446) and it also reinforces that the offender's actions are not taken seriously by the government. A retributive system for criminal punishment accomplishes the ideal of equal liberty under law (Markel, 2004). When an individual commits a crime, they not only assert superiority over their victim, but also claim superiority, however implied, over the government body and practice of legal liberty.
Acts of wrongdoing are paired with consequences -- it is this principle in which crime and punishment have been paired as means for justice. etributive punishment for criminal behavior is rooted in the history of early civilizations as the sole deterrent of wrongdoing. In current American government, the use of "an eye for an eye" is limited to capital punishment and is believed by some to be a significant deterrent for homicide. The deterrence theory and incapacitation theory of punishment both fail at matching the punishment with the severity…
Cahill, M. (2007). Retributive justice in the real world. Washington University Law Review, 85, 815-870.
Carlsmith, K. (2006). The roles of retribution and utility in determining punishment. Journal of Experimental Social Psychology, 42, 437-451.
Golash, D. (2005). The case against punishment: retribution, crime prevention, and the law. New York, NY: New York University Press.
Markel, D. (2004). Against mercy. Minnesota Law Review, 88, 1421-1480.
Punishment as such is viewed as a form of personal engineering, designed to produce better people through a process of re-education. (Curan and enzeth, 1998)
Davey in relation to the theory of rehabilitation argued that during the past twenty years, we have seen an unprecedented move in the direction of massive incarceration of those convicted of crime. Davey reasoned that the approach prevalent at a particular time depends largely on the social and political climate. For example, in the early 1970s, the declared goal of incarceration was rehabilitation but as crime rose, support for this liberal position diminished. (Davey, 2002) as criminologist Kevin Wright has pointed out, "Federal, state and local governments have reacted to public sentiment by passing legislation that provides for longer sentences for violent crimes and legislative, executive and judicial bodies are streamlining due process rights to protect the innocent rather than the guilty" (Wright, 1985: 95)…
Heywood, a. (2000). Political Theories: An Introduction. London: Macmillan Press.
Wright, K. (1985). The Great American Crime Myth. Westpoint Connecticut: Greenwood Press p. 95
Curan, D. And Renzeth, C. (1998). Society in Crisis. Boston: Allyn and Bacon
Davey, J. (2002) "Explosion of the Criminal Justice System" in Social Problems Readings with Questions by Joel Charon. United States: Wadsworth Thomson Learning
Capital punishment, however, does reflect the retributive perspective and is the most obvious modern manifestation of Hammurabi's code. Even so, the moral righteousness of capital punishment is questionable for several reasons. First, capital punishment is illogical and hypocritical. If killing another human being is wrong, and if the state kills human beings, then the state is committing a wrongful act. Second, capital punishment can be considered cruel and unusual. Third, capital punishment precludes the state from promoting positive moral values in favor of a perceived increase in public safety. Whether public safety is increased by the use of capital punishment is also questionable. For the most part, capital punishment is used "solely for symbolic purposes," (Turow, cited by Stern, 2003). Capital punishment is the epitome of revenge-based, retributive justice. It would seem that even if revenge were morally just, that the state would have no justifiable role in exacting revenge.…
Primorac, I. (nd). Is Retributivism Analytic? The Royal Institute of Philosophy. Retrieved June 17, 2007 at http://www.royalinstitutephilosophy.org/articles/article.php?id=20
Stern, S. (2003). Discussing the morality of capital punishment. Christian Science Monitor. 12 Nov 2003. Retrieved June 17, 2007 at http://www.csmonitor.com/2003/1112/p16s01-usju.html
Townsend, C. (2005). The morality of punishment. Cambridge Papers. 31 May 2005. Retrieved June 17, 2007 at http://www.leaderu.com/humanities/moralityofpunishment.html
Traditional Crime Policy
Over the last several decades, the policy approach that is used in enforcing the law has been increasingly brought to the forefront. This is because there has been a sharp rise in the crime rates around the world since the end of World War II. At first, these increases were believed to be a part of the adverse changes from the war and its impact on society. (Gilling)
However, by the 1950s it was obvious that society was facing tremendous challenges with these rates. In response, a series of studies were conducted to effectively deal with the root causes of criminal activity (by focusing on the pathology of the individual). This created heated debates between traditional and evidence based advocates, who believed that the current approach can address these issues (by serving as a deterrent for everyone). (Gilling)
As a result, tough sentences were handed down to…
"Key Facts at a Glance." BLS, 2011. Web. 5 Sept. 2012
Gilling, Daniel. Crime Prevention. New York: Routledge, 1997. Print.
Walker, Samuel. Sense and Nonsense about Drugs. Belmont: Wadsworth, 2011. Print.
Ashley, Assistant Director, Criminal Investigative Division of the FI relates that in 1991: "...the U.S. Attorney's office in Los Angeles charged 13 defendants in a $1 billion false medical billing scheme that was headed by two Russian emigre brothers. On September 20, 1994, the alleged ringleader was sentenced to 21 years in prison for fraud, conspiracy, racketeering, and money laundering. He was also ordered to forfeit $50 million in assets, pay more than $41 million in restitution to government agencies and insurance companies victimized by the scheme." (2003) Ashley relates that the first Eurasian organized crime investigation of a significant nature involved a major underworld figure in the United States and specifically, Vyacheslav Ivankov who is a powerful Eurasian organized crime boss. Ashley states that Ivankov "...led an international criminal organization that operated in numerous cities in Europe, Canada, and the United States, chiefly New York, London, Toronto, Vienna, udapest,…
Albini, Joseph L. And R.E. Rogers. "Proposed Solutions to the Organized Crime Problem in Russia." Demokratizatsiya Winter 1998: p. 103.
Crime Without Punishment." (1999) the Economist August 28, 1999 the Makings of a Molotov Cocktail. The Economist 344, no. 8025.
Edward H. Sutherland (nd) Differential Association Theory. Online Criminology FSU.EDU available at http://www.criminology.fsu.edu/crimtheory/sutherland.html
Eurasian, Italian and Balkan Organized Crime (2003) Testimony of Grant D. Ashley, Assistant Director, Criminal Investigative Division, FBI Before the Subcommittee on European Affairs, Committee on Foreign Relations, United States Senate. 30 Oct. 2003. Federal Bureau of Investigations. Online available at http://www.fbi.gov/congress/congress03/ashley103003.htm
The authors do not state that public perceptions of severity should be discounted, but merely that these should not be over-emphasized, as was the case in previous literature.
Another existing mode of measuring crime severity is that of economic models. Economic measures of costs may seem more objective, but given that they also involve speculative losses (such as lost productivity), they are not universally agreed upon. One widely-used model to estimate crime severity is the Bradley-Terry continuum which posits that stealing something less than $5 is less severe than stealing "something worth $5 -- $50, which itself is less severe than trying to steal something worth more than $50. Additionally, stealing or trying to steal a car is ranked more severe than the other theft items. Selling marijuana is also ranked less severe than selling harder drugs such as heroin, cocaine, or LSD" (amchand et al. 2009: 143). The authors…
Perry, B. (2003). Where do we go from here? Researching hate crimes. Internet Journal of Criminology. Retrieved: http://www.internetjournalofcriminology.com/Where%20Do%20We%20Go%20From%20Here.%20Researching%20Hate%20Crime.pdf
Merl, J. (2013). Victims of 1999 hate-crime shooting endorse Mike Feuer. LA Times. Retrieved:
Too little, for what matters is that he knows he is being watched and too much, because he has no need in fact of being so (Alford, 2000).
Bentham laid down the principle that power should be visible and unverifiable. Visible in that the inmate would constantly have before him the tall outline of the central tower from which he was watched. Unverifiable in that the inmate must never know whether he is being looked at or not, but he must be sure that there is always the possibility. In order to make the attendance or nonattendance of the guard unverifiable, so that the prisoners, in their cells, cannot even see a shadow, Bentham visualized not only venetian blinds on the windows of the central observation hall, but, on the inside, partitions that intersected the hall at right angles and, zigzag opening instead of doors. For even the slightest noise,…
Alford, C.F. 2000, "What would it matter if everything Foucault said about prison were wrong? Discipline and Punish after twenty years," Theory and Society, vol. 29, no. 1,
Barratt, E. 2002, "Foucault, foucauldianism and human resource management," Personnel
Review, vol. 31, no. 1, pp. 189-204.
In the end she succumbs to consumption; his youngest daughter from his first marriage, named Sonia is a kind woman that ends up prostituting her body for money. The life of these women is much like the lives of many ussian women during Dostoevsky's period. Because so many were poor, they ended up prostituting or engaging in crime to help support their family or to put bread on the table (Westwood, 1993). This does not mean the women of ussia were considered unworthy of love and affection, something Dostoevsky notes in his novel. Although many would consider the actions of Sonia deplorable, the main character looks up to her, and considers her an innocent and kind-hearted woman. For this reason askolnikov tells her about the murder he commits, and it is this daughter that causes askolnikov to confess to the authorities what he did and face the penalties associated with…
Dostoevsky, F. & Onegin, E. (1993). Crime and Punishment, New York: Alfred a.
Westwood, J.N. (1993). Endurance and Endeavor: Russian History, 1812-1992. Oxford:
According to Hoskins (2010), the legal foundation of punishment is morally challenging as it usually involves harsh treatment, sometimes morally unacceptable, to the offender. What makes it acceptable to subject an offender to such kind of punishment is a big moral question.
Customarily, the rationale behind punishment is either retributivist or consequentialist. Consquensialists argue that punishment is necessary towards achieving a noteworthy purpose, an example of which is crime reduction. Retributivists, on the other hand, argue that punishment is a basic or natural response for doing something wrong. However, abolitionists argue that punishment is morally unacceptable and thus both defenses are not valid. The question now is: how should the society respond to wrongdoings?
The Philosophical Theories That Justify Punishment
According to Hobbes (2010), the justification for punishment is based on the following theories of philosophy: incapacitation, rehabilitation, retribution, restoration and/or deterrence.
Oleson and Mackinnon (2015) believe that retribution punishes…
Through which he concluded that each execution prevents around seven or eight people from committing murder (Worsnop 402). In 1985, an economist from the University of North Carolina by the name of Stephen K. Layson published a report that showed that every execution of a murderer deterred eighteen would be murderers (Guernsey 68). While the numbers from these studies seem quite low as compared to the large number of murders committed every day in the United States, the numbers become quite large when discussed in the terms of every year executions. (Guernsey 65)
The opponents of capital punishment here give different points which are also quite true. According to the critics of capital punishment many of the people who commit acts of murder are either retarded or are immature. Capital punishment doesn't have an effect on the youth and immature people. As Richard L. Worsnop writes in his article entitled…
Worsnop, Richard L. Death Penalty Debate Centers on Retribution. Washington, D.C.: Congressional Quarterly, Inc., 1990.
Guernsey, JoAnn Bren. Should We Have Capital Punishment? Minneapolis: Lerner Publications Co, 1993.
Van den Haag, Ernest, and John Phillips Conrad. The Death Penalty a Debate. New York: Plenum Press, 1983.
Maestro, Marcello T. A Pioneer for the Abolition of Capital Punishment Cesare Beccaria. [New York]: Journal of the History of Ideas, 1973.
Crime Delinquency Teenagers
Virtually no one can deny that there is a definite, tangible link between adolescence and crime. Anyone not familiar with this subject would be hard pressed to dispute the eminent statistical data that alludes to that dangerous link. In 1990, teenagers were more than 3.5 times likely to commit an indexed crime than were adults in the United States. Index crimes are both violent criminal activity such as "murder & non-negligent manslaughter, forcible rape, robbery, and aggravated assault" as well as serious property crime such as "burglary, larceny-theft, motor vehicle theft, and arson" (No author 1990). This point is underscored by the fact that in 2005, approximately 10,000 prisoners in the United States were serving life sentences for actions that were committed before they turned 18 (Liptak 2005). This proclivity of teenage criminal offenders is evinced overseas in other countries as well, such as in…
Krueger, J.G. (2006). "Brain science offers insight to teen crime." ABQTrib. Retrieved from http://www.abqtrib.com/news/2006/dec/08/brain-science-offers-insight-teen-crime/
Liptak, A. (2005). "Jailed for Life After Crimes as Teenagers." New York Times. Retrieved from http://www.nytimes.com/2005/10/03/national/03lifers.html?_r=1&pagewanted=all
No author. (1990). "Teenagers have the highest crime rates." Race Matters. Retrieved from http://www.racematters.org/hicrimer.htm
Reynolds, J. (2007). "Crime and the teenage brain." The Monterey County Herald. Retrieved from http://www.montereyherald.com/ci_7109878
This punishment program is a middle ground between incarceration and traditional probation and parole. The individuals participating in this program are released into the community, however, they are subject to very strict guidelines and conditions; failure to meet the requirements leads to a jail term in one of the state's jails to serve their sentence. The punishment program is divided into three types; house arrest, day reporting and intensive reporting. Individuals on house arrest are required to wear ankle bracelets along with a tracking device at all times, which electronically monitors their whereabouts. Any eligible individual can be placed on house arrest, however, those individuals serving mandatory D.U.I. sentences are by law, required to be on house arrest with electronic monitoring. In addition, individuals on day reporting are required to report in person to the respective I.P.P. office on a daily basis. Once at the office, all individuals…
ut as the morality associated with a society changes as that society changes, it may be that someday people will no longer maintain a difference between attempted murder and actual murder, without it leading to some dystopian future where everyone is hounded by the legal system.
outellier, Hans, Crime and Morality: The Significance of Criminal Justice in Post-Modern Culture, Kluwer Academic, Dordrecht, 2000, p. 4.
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The Free Dictionary, retrieved 5 April 2012, ?
The Free Dictionary, retrieved 5 April 2012, ?
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Singer, Richard. John Q. La Fond, Criminal Law: Examples and Explanations, Aspen, New York, 2010, p. 56.
Workplace is not safe from numerous types of crimes. These crimes can range anywhere from burglary to homicides and from discrimination on the basis of sex to even rape for that matter. But these crimes are physical crimes and it is easy to avoid them or keep them at bay by making use of physical barriers, security cameras and a few sensible risk/security management tactics. For instance, if only 3 or 4 people work at night-time, it is easy to target anyone of them but if a considerable amount of people work together and have no hostility towards each other, these types of situations can be avoided. Use of security systems is a pre-requisite for the protection of material wealth and belongings. These types of systems can help avoid theft and burglary but if somehow these do occur, it will inform the managers of the incident at the earliest…
McCollonel '(2000). Cybercrime And Punishment. Page 8-9. www.mcconnellinternational.com.
Balkin J. M (2007)Cybercrime: digital cops in a networked environment. NYU PRESS. New York. USA.
Perline I.H. & Goldschmidt J. (2004). The psychology and law of workplace violence:a handbook for mental health professionals and employers. Charles C. Thomas Publisher. USA
Keats J. (2010) Virtual Words: Language on the Edge of Science and Technology. Oxford University Press. USA.
crime discuss reasons crime increased todays society. (Submit a 500
Crime is a transgression of the law on the part of a person or an organization. In order for a crime to be committed, there has to be some formal law enacted which prohibits an action or an occurrence. Furthermore, that law has to then be transgressed for a crime to take place. One of the main areas of crime is violent crime. Violent crime occurs when individuals act aggressively or hostilely towards one another, and choose to inflict corporal pain and punishment. This sort of crime can take place virtually anywhere. In the United States, for example, violent crime occurs fairly regularly in urban environments. Common types of violent crime include shootings, stabbings, and physical violence in the form of fighting.
Violent crime is actually stratified into blue collar crime, which is crime committed by working class people. Working…
Valdmanis, T. (2008). "Senate report blasts SEC's Enron oversight." USA Today. Retrieved from http://usatoday30.usatoday.com/money/industries/banking/2002-10-06-sec_x.htm
I would not ask for jail time because I don't feel it would serve any beneficial purpose in this case since the Defendant is not a danger to society.
If the defense counsel indicated that they were interested in entering into a plea bargain, I would most definitely be open to the suggestion. The minimal plea I would be willing to accept would be a suspended sentence with probation. Under such an agreement the Defendant would be found guilty of the charge and sentenced to pay a certain amount in fines. However, the Defendant will not have to pay this fine so long she stays out of criminal trouble. I feel this offer is a positive resolution to this matter because it essentially empowers the Defendant and makes them responsible for their punishment.
As indicated by my potential approaches to this matter, from both a defense and prosecutor's side, it…
crime doesn't pay sometimes is a whole point which can't be applicable, especially when you're trusted with the management of multi-billion dollar corporation, and to be in charge of the well -- being of thousand of people. It's so difficult to criminalize someone's action, if such action doesn't cause any harm to anyone or if someone doing a lot of critical charity works. The case of Richard M. crushy can be described as one of the most important scenario which can acts as one of the success stories, showing how far most of these business ethnical values can be abused to hurt everyone for a period of time. As stated by Jennings (2012) in his book "Business Ethnics Class" unethical practices can only last for a short time, and nothing helpful can be found out of it.
However, the carpenter teachings regarding people who do not pursue wisdom that are…
Sense of entitlement
Jennings (2004a) identified that many corporate cultures are less concerned about their fraud because of their philanthropic endeavors. These good works seem to blind them to their culpability and cause them to both "overestimate their ability and underestimate the risk of being found out" (p. 17). This sense of entitlement constitutes two of the factors that Jennings identifies as "Wild West behaviors" (p. 13) that are common to organizations that ethically collapse; A "culture of innovation like no other" and a "culture of social responsibility" (p. 17). She notes that "the attitude develops slowly as the other factors of iconic status and high levels of success consume the individual right up to a feeling of invincibility" (p. 17). This is amply demonstrated in the behavior of Richard Scrushy, who despite all of the evidence arrayed against him continues to proclaim his innocence of any wrong doing.
Jennings (2004b) identified common red flags that would point to corporate counsel that an investigation into the accounting of the firm might be in order. She indicated that in HealthSouth's case legal counsel "fits the inaction mold" (p. 45), and "like executives at WorldCom, Enron, and Tyco, executives at HealthSouth, particularly Scrushy, lived lavish lives" (p. 46). She concludes that "the presence of many elaborate perks is a red flag all can see" (p. 46). It is these perks that, according to Neeley & Boyd (2010) "encourage[s] executives to take excessive risk with other people's money" (p. 548).
Prostitution is sex between two willing adults and one of the adults pays the other adult for that sex.
While it is illegal to be the prostitute or the John it shouldn't be. Both are adults, that is not illegal, both are engaging willingly is sex, that isn't illegal, and one hands the other one money. If the John handed the prostitute money without getting sex, he would not be breaking the law. If the prostitute slept with one man, called him her boyfriend and the only thing he asked is that she maintain her figure and be available for Friday night visits, and in exchange he paid all of her bills it would not be illegal. But if that same woman decides to sleep with a dozen men a month and let them each contribute to her bill fund that makes her a criminal. The bottom line is one…
Eggen, Dan (2003) Major Crimes Rose Slightly, FBI Reports; Incidents Up in Suburbs, Down in Cities. The Washington Post
Marshall, Gordon (1998) victimless crime
Dictionary of Sociology
Walker, Bruce (2002) Reparations, Moral Crimes, and Real Justice (accessed 7-30-06)
4. Retributive justifications for punishment- such as theories about making punishment "fit" what the crime or criminal "deserves" have been criticized on grounds that they assume we know a lot more than we do. For example, it is notorious that different jurisdictions assign different punishments for the same offense. In addition, it is notoriously difficult to assess an individual's personal blameworthiness for criminal conduct in terms of his or her personal history. However, neither of these factors is substantial enough to challenge the validity of retributive justice schemes. After all, it is to be expected that different jurisdictions would have different punishments for the same criminal behavior, because cultural values vary across the United States, with certain cultures and regional areas placing greater emphasis on different values. The federal system of government practically dictates that there will be conflict among the many criminal justice systems in the United States. Furthermore,…
Part Two Question
It is possible that the debate about the justifications for punishment has been seriously confused about the tacit assumption that the justifications for punishment that makes sense in small-scale family environments also make sense in the larger-scale of the impersonal criminal justice system. In the family-setting, a vast majority of the power of punishment comes from the fact that the person being punished feels that they have disappointed people that they love. In fact, children frequently apologize to their parents for wrongdoing, even if the behavior being punished was something that did not directly harm their parents; for example, the hitting of a peer. Furthermore, when children hide their wrongdoing, they oftentimes do so to avoid parental disappointment, rather than to avoid a specific punishment. How many people, as adults, remember specific non-abusive punishments? On the other hand, how many adults recall specific moments when their parents…
Feinberg, Joel. The Expressive Function of Punishment.
Martinson, Robert. The Paradox of Prison Reform.
prisons have vacillated between taking a primarily punitive approach to prison inmates and in looking for ways to treat the problems that brought them to that state. These cycles occur because often neither therapy nor punishment prevents inmates from repeating their patterns of crime once they are released. This may be partly because our prisons have not always completely thought the therapeutic process through, but it is also partly because of the nature of the types of people who end up in prison.
One of the types crimes the general public is most concerned about involves sexual attacks. The public knows that both pedophiles and rapists tend to repeat their behavior once released from prison. As a result, many prisons have therapeutic groups for sex offenders. In many cases, the participants choose to attend these groups (Swift, 1998). Research in Canada on the efficacy of these interventions gave startling results:…
Lovell, David. 1998. "Coping with Mental Illness in Prisons." Family and Community Health, October.
Swift, Diana. 1998. "When bad men do good: a prison study reveals that for sex offenders, positive treatment behavior is more likely to predict relapse." Medical Post, September 15.