The Judge in the modern system certainly does more than judge. The legal power to punish is now distributed among a whole series of subsidiary authorities (magistrate, lawyers, psychiatrist, etc.) Foucault questions about how can we write a history of the modern soul on trial? Durkheim’s method of explaining the history of crime by the increase of individualism can be one way. For Foucault though, it is the opposite, that is, new forms of punishment created individualism.
‘’The principle of manipulability refers to the predictable ways in which people act out of rational self-interest and might therefore be dissuaded from committing crimes if the punishment outweighs the benefits of the crime, rendering the crime an illogical choice.’’(http://www.biography.com/people/cesare-beccaria-39630) Beccaria believed that the criminal justice system needed to be changed, he thought the present criminal justice system was ‘barbaric and antiquated’. Beccaria also believed that certain laws should be changed and who they should benefit. He believed the system should establish the appropriate punishment for each crime committed. Unlike many of the other theories ‘’On Crime and Punishment’’ wanted to help and protect the rights of the criminals as well as the rights of the victims, he believes that punishment of the criminals should be that which serves the greatest public good. Beccaria also put forward in his theories the first modern argument against the death penalty.
The main difference between unfair advantage and lex talionis is that the former theory focused on what the criminal achieved by committing the crime while the latter one just considered what the victim has lost. To explain it more, the criminal law inherently came to existence to protect the people and their rights. So, obeying the law which is accompanied by some self-restraint – it means to neglect his own right by limiting his freedom - is one of the penal law 's principles. This principle discussed that one ought to neglect his/her own rights not to enter in the other 's territories. By this system, any person has a private territory - the law-abiding - which is limited by the territory of the others.
Classicism is a process in which to examine the idea of rational and free will. This idea was invented in the eighteenth century during the civilisation era (White et al., 2008). In nineteenth century they come with idea to introduce a criminal justice system in which everyone have the same equal right. As a result positivist criminology is establish by the idea of some scientific who have developed there interest and knowledge in crime and criminality, the basic concept was to establish on the idea how humans behaviour is determined. In nineteenth century the idea positivism and interrelated development were established.
Summary Foucault work of “The Gentle Way in Punishment” describes the shift from the excessive force of the sovereign towards a more generalized and controlled forms of punishment. It emphasizing on transforming and improving the individual into a socius through public works and introspection. It discusses the crime and how it is dealt with in a more rehabilitating sense that specific crime need specific moral counterparts. For example, those who are lazy give the counterpart of work. It have moralistic system in which the purpose is not merely to cut off the bad part, but to provide a series of exercises and forced repeated behaviors which are supposed to negate that crime tendency by giving it a built habit that is virtuous which will counteract
(Young, 1981). Classicism Enhancing informational knowledge is the purpose of its punishment, which allows people to conduct rational decision. Therefore, the proportional penalty is suggested to launch when they devoted violation that harms the society, which promoted equality that offenders need to be aware of. Positivism Positivist focused on the background of the criminal, who believed people committed crime because of the environment influence. Treatment is a preferable than punishment to offenders(Young, 1981).
PREVENTIVE THEORY Preventive philosophy of punishment is based on the preposition ‘not to avenge crime but to prevent crime’. It presupposes that need of punishment of crime arises simply out of social necessities. In punishing a criminal the community protects itself against anti- social act which endanger social order in general or person or property of its members. The real object of the penal law therefore, is to make the threat generally known rather than putting it occasionally into execution. It suggests that prisonisation is the best mode of crime prevention as it seeks to eliminate offenders from society thus disabling them for repeating crime.
The second type, general deterrence focuses more on potential offenders. General deterrence is an attempt to influence future offenders in a positive manner. This type of deterrence is all about prevention. Police deter crime by reinforcing the fact that they will catch you and you will be punished for whatever crime that you
The government works to ensure the guilty receive adequate justice for their crime, and the act of pursuing justice granted to the state by the will of the governed ensures that “[executing] a lawfully condemned prisoner” defies the label of murder (Koch). The common misconception of characterizing the death penalty as murder rejects the rights of the state which supersede those of the individual. In the government’s efforts to ensure justice to criminals for crimes committed, they have a wide variety of options available to them, and it is the job of the judge and jury to confirm that the punishment meets the crime. If the average citizen executes those they believe culprits of heinous crimes, they willfully choose the path of manslaughter over specious justice because only the government has the power and ultimate responsibility to condemn the
For instance, “policymakers typically emphasize the instrumental purposes of their policies” (Best 220). According to Best in Social Problems, “they claim that the policy is intended to make a difference, to correct or improve a particular troubling condition in society”. Policies can also serve symbolic purposes because the policies embody values to help promote the structure of society (Best 220). Overall, these policies affect the way criminals associated with these crimes are prosecuted in the United States by providing explanation for prosecution. For example, with the War on Drugs, “many policymakers insist that legalizing drugs is unthinkable” (Best 221).
Based on my knowledge on conspiracy I believe that the RICO act is necessary but can also be not useful depending how the defendant pleads his case. Conspiracy is defined as a secret plan by a group to do something unlawful or harmful. I think the RICO act is necessary because part of me believes that organizations would continue to get away with heinous crimes if the act was non-existing. Another reason to I believe RICO is necessary is because it has been important to up and coming laws. RICO has led to revitalizing the interest in civil punishment.
During Rush and Pinel 's time they concluded that their hypothesis was correct and that psychopaths were actually conceived with a mental difference, leading to the assumption that unethical harm (evil acts) by these individuals had an organic cause. In spite of the fact the book covers the early research with respect to the social sciences, it is essential to become aware of the recorded studies between the late nineteenth century. The book is essentially about psychopathy, and about its understanding in present-day society. A surprising mix of thorough scientific research and social examination, The Myth of the Born Criminal was written for the individual who seeks an unbiased interpretation, knowledge, and understanding of what truth – or fabrication has developed over the years and concluded as a result of the investigations of psychopathy. (NEED MORE OF MY OWN THOUGHTS) (YOU CAN GIVE A PROGRESSIVE ARGUMENT)..
Basically without crime, people would not realize what the definition of right and wrong behavior is. Having crime in our society makes us realize our morals and basically institutes the idea in our head that criminal acts are not appropriate behaviors. Durkheim’s theory about crimes being necessary in our society is relevant