Arguments Against Criminalisation

Mass Incarceration America has the highest incarceration rate in the world, outstripping Cuba, Rwanda, Thailand, Costa Rica and Ukraine. The United States is the world’s leader incarceration. There are currently five-thousand prison facility, which in habit over 2 million prisoner. There has been a 500% increase over the past thirty years. These numbers include, federal and state prison, and local jails. .

While many opponents argue the economics of the issue, they fail to acknowledge that the main goals of punishment are to correct behavior that is deviant from the law and to prevent similar incidences from occurring. Without capital punishment, the culprits would not have to confront the potential of death, meaning that the marginal cost of violent crime would be diminished. Therefore, capital punishment is an effective method to deter

One thing stated by the Doctrine of Doing and Allowing is that there is a variation between doing and allowing. It is morally wrong to do a harm rather than allowing a harm to happen. She speaks of two types of duties: positive and negative. She speaks of negative duties or rights, “when thinking of the obligation to refrain from such things as killing or robbing” (380). Foot explains that a negative right is a right which is not to be harmed.

Why is crime such a large part of our everyday society? Since the beginning of time, crime has been a large part of history, which gradually increased throughout the years, and continues today in everyday life. Crime is something that people do out of either force, impulse, fun, by accident, or their environment. Some people have been raised since childhood in areas where crime rates were at an high and maybe that caused them to follow what they learned while growing up and pursuing crimes as well. Malcolm Gladwell, author of Power of Context: Bernie Goetz and the Rise and Fall of New York City Crime, mentions how these key concepts shape the way in which crimes are performed through their involvement with their environment and communities.

Each and every country around the world face constant issues and dilemmas everyday. It ranges from poverty to climate change but one main issues that occurs daily is crime. This issue is on the news and in papers regularly whether it is someone murdering another or a drug bust. It is happening and we see or hear about it everyday. The ones who commit these crime are not all bad people nor are they all psychotic.

There are many stories throughout the world both non-fiction and fiction which show how the lines can become blurred between victim and perpetrator. Three texts which show how the lines can become blurred very well include The Story of Tom Brennan which is a novel written by the Australian author J.C Burke and the other two texts include Shattered, and In my Little Town which are both Australian story episodes. In all three of these texts they show that the lines between both a perpetrator and a victim can indeed become blurred. For the purpose of this essay a victim is someone who in the result of an accident had be injured or even killed and a perpetrator is a person who has committed some sort of crime.

These attributes can be something that a person has no control over, such as their race or socio-economic background. Criminalization is not often based on laws, but instead revolves around customs that others have been understood as good or bad, which can later lead to laws. This idea consists of the reinterpretation of everyday actions or ideas and vilifying them (Merry 14 -15). In the cases of children there exists the idea that a child who commits a violent and heinous crime will only become more violent and will continue to commit crimes. Therefore, once a despicable act has been committed by a child he or she becomes labeled as a violent criminal.

It helps to give punishments that fit the crimes. Which, protect people from government

Although people have adequate exposure of crime in the society, but they are often mistaken that crime will be only occurred in the poorer neighborhood and among lower class of people. Yet, the truth is, a crime can be happened anywhere and by any class of people who have bad intentions. Furthermore, Merriam Webster actually defines crime as the activity that is against the law. By the presentation of Corona’s first degree murder case, Hamilton has successfully illustrated the example of a higher class people’s crime: “The farmer, who had contracted with Corona to hire field workers, returned the next day and saw the hole filled with dirt. At this point, it clearly explains that Corona was actually the higher class person in his society, he was the field worker contractor of the orchard owner and the superior for the field labors.

So in a nut shell, every state has its own set of rules for the punishment of criminals called sentencing guidelines, which are sentencing policies prosecutors and judges use for people convicted of serious misdemeanors and felonies (Peak,2015). The crime and the criminal 's previous criminal history is considered when a judge hands down a sentence. People that oppose alternative sentencing argue that an individual 's circumstances are unique and should be considered during sentencing, otherwise there is a possibility of

According to Cullen, the penal harm movement is “…a movement whose supreme aim is the infliction of penal harm” (58). Society have used words such as incapacitation to mask and minimize the true intentions of penal harm. However, the issues and consequences of penal harm still remains unmasked.

Prohibition was a period of 13 years in U.S. history in which the manufacture, sale, and transportation of liquor was made illegal from 1920 to 1933. It was known as the “Noble Experiment” and led to the first and only time an Amendment to the U.S. Constitution was repealed. There were many reasons for why prohibition was introduced, one was that a ban on alcohol would practically boost supplies of important grains such as barley. Another was, when America entered the war in 1917, the national mood turned against drinking alcohol.

Without punishment, there would be no criminal laws. Therefore, I believe that illegal drug use, prostitution, and gambling fit all seven of the elements of a crime as described above (Bohm & Haley, 2011). These crimes are also characterized as mala prohibita due to the offenses are made illegal by laws and not by mala in se, they are crimes that are everywhere and have been crimes such as

Victims, Victimization and Victimology: A Socio-Legal Study Dr. (Mrs.) Ravidankaur R. Karnani Assist. Professor & I/c. Principal, Law College, Palanpur karnani_ravidan@yahoo.com, 7990980278 Abstract For many decades, the victim was the forgotten party in the criminal justice system as the main focus was that the perpetrator of a crime should be punished. But the victims of crimes stand poised equally in the scales of justice as the victim is not a passive object but an active component of the whole judicial process.

The disadvantage of this approach is the fact that it does not focus on the victim instead it justifies the offender’s actions by regarding them as patients and victims of dysfunctional societies Restitution