The principle in law that one is innocent until proven guilty has created much discourse. There are those who feel that the moment that one is arrested, there is reasonable belief that they committed the crime. However, there are those who feel that just as the principle states, one is, and should be taken as a victim and the outcome could be either way: guilty or not guilty. In fact, this argument is supported by the many cases of malicious prosecutions and mistaken identities.
In theory this would prevent recidivism because the true cause of the behavior would be resolved. The crime control period views crime as more of a rational choice and values punishment that is swift, certain, and severe in order to prevent/suppress criminality which threatens the functioning of a free society. This “us vs them” mentality supports greater prosecutorial power, increased usage of punitive processes like imprisonment/fines, and greater police power to deter
The theories of Restorative Justice and Utilitarianism seem to have much in common. Both aim to reach a virtuous response to crime, and therefore they are positive and forward looking. Utilitarians argue that punishing offenders crimes are likely to be reduced. Jeremy Bentham identified two objectives for punishment that share the same idea. Specific deterrence and general deterrence purpose are to increase the "price" for a criminal act in order to discourage potential offenders from choosing to commit crimes.
Crime is any act which breaks the laws of society, such as murder, rape, speeding etc. Social control is enforced by agencies such as police and the courts, more specifically defined than deviance. Deviance is behaviour which moves away from controversial norms and values such as burping, pass wind in public and queuing. It Can be positive e.g. extreme intelligence. Although in some situation in nature – time dependent of factors, place, who is involved.
Cullen, Agnew, and Wilcox (2014) state that when society fails to provide legitimate and legal means for individuals to obtain the goal of monetary success, individuals then turn to other means to achieve such goals. When individuals come across these stressors and strains, they turn to crime to reduce such stressors and strains. Baron (2011) conducted a study that examined the relationship between monetary goals and the amount of commitment to legal/legitimate factors that impact crime. Unreachable opportunities, monetary unhappiness, society support, risks taken, and other factors were considered in this study when examining the relationship between monetary goals and the actual commitment that impact crime. This study took place in Toronto, Canada and three hundred homeless youths living in the streets were interviewed.
There are several psychological theories that have been applied to criminal activity. These theories are believed to impact moral growth and personality ailments in relation to crime. White-collar crimes and strain theory which is a social structure theory as well as hackers and learning theories which is a social process theory are discussed. Social structure theory states that poor individuals are the ones that commit crimes over middle and rich individuals. Criminals who do not have an equal opportunity are strained and will more likely to be involved in crime states the strain theory.
Fifth, the specific direction of motives and drives is learned from definitions of the legal codes as favorable or unfavorable. Sixth, a person becomes delinquent because of an excess of definitions favorable to violation of law over definitions unfavorable to violation of the law. Seventh, Differential associations may vary in frequency, duration, priority, and intensity. Eighth, the process of learning criminal behavior by association with criminal and anti-criminal patterns involves all of the mechanisms that are involved in any other learning. Lastly, while criminal behavior is an expression of general needs and values, it is not explained by those needs and values, since non-criminal behavior is an expression of the same needs and values.
It is the means of understanding the human behaviour towards criminal activities and the ways through which it can be controlled. Moreover, the theory considers two factors that are situational factor and personal factor, which are the major reason behind formulation of the theory. Beccaria developed the theory to make it convenient for the people to understand the personal as well as situational factors through which crime rate is increasing. This is because it helps in minimising the rising impact of criminal
When one finds them self in a perpetual cycle of poverty it becomes more obvious to turn to crime. Many criminals, as seen in the character Jurgis--from Upton Sinclair's novel The Jungle, attempt to get back at conditions that wronged them. Others commit criminal acts for survival--whether that be stealing food for their family, or selling drugs to secure basic necessities. The correlation between crime and poverty is indeed prevalent, and therefore, is the leading cause of each other. As an illustration, poverty causes one situation--stress.
Strain Theory In accordance to experiencing strain or stress, people may become upset and sometimes engage in crime as a result to either cease or reduce the stress they are experiencing. For example they may steal to reduce financial stress or violence as revenge to those that have wronged them. There are two major types of strain that contribute to crime