Police officers were permitted to briefly stop any individuals but only upon reasonable suspicion that he or she is committing a crime. Not to breed fear in the people of the community. What is that going to solve? Or positively affect the crime rate. United States Constitution Amendment IV states the people have rights from unreasonable search and seizure of one’s person, house, papers, effects, without government interference, and shall not be violated without probable cause or a warrant.
For example, he feels people who break the law should be punished accordingly and not necessarily be locked-up and behind bars. Another point presented by the author is how United States citizens have to rectify and acquit oneself in order to be punished and imprisoned for their wrongdoings. Kevin Carr feels that people should not be restrained and confined behind steel bars. Despite the previous arguments, another reason Kevin strongly feels that “criminals convicted of non-violet crimes” should not face jail terms is because it can leave a psychological affect on people who are not a threat or danger to others. In other words, offenders that find themselves incarcerated for a small case such as being a thief, a beggar, or being a violator for parking infractions should not be labeled and put in the same classification as people who are convicted of repulsive, despicable, and inhuman types of criminal violence.
Outline and evaluate functionalist explanations of crime and deviance Crime and deviance can be defined as behaviour which breaks the law or goes against society's norms and values. Downes and Rock defined deviance as behavior which may be considered as banned or controlled behavior which is likely to attract disapproval or punishment. Crime is harder to define, however Pease (2002) defined crime and deviance as an action that is deemed so disturbing by citizens or disruptive to society that state intervention is justified. The macro perspective of Functionalism sees society working like the human body, this is described through the organic analogy. The agents of socialization work together to form equilibrium within society.
Criminal Law Foundations Evaluation If laws were not in place, individuals could not hold onto their individual properties. Social life would be impossible without laws to help control the way people behave, think and treat each other while in public and private locations. Criminal laws were designed to reflect the accepted behavior in a community, such as morals and the criminal act itself, or Mens Rea and Actus Reus. Thus when people break the law and are caught, the accused are provided certain constitutional rights. Criminal law consists of bodies of regulations and rules that will specify and define the punishments for the wrong committed against society or the state.
In such document, he says the previous quote addressing the action of fighting a law using one’s conscience. The ideal of contradicting a law due to a conscientious and ethical skew of that law is upholding the highest and upmost respect for the law. Dr. King speaks of breaking a law due to the neglect of conscientious submission because of its unjust and immoral roots. First, one must identify a law as immoral and unjust using the nature of the law and referencing the general moral rules of life. If a law is in direct violation of any moral rule, then action is required.
Genocide is the specific targeting and killing of culture or race of people, which is unethical and wrong. Terrorists perform acts of violence meant to disrupt daily life by causing pain and suffering of others. Rape is a sexual act forced upon someone, which destroys the life of another for the self-gratification of one sick individual. Goodman is correct with his statement about certain things are just wrong and unethical in a society. The examples provided are supported and represent unethical acts by people.
But in contrast there are very different at the same time. The crime control model is used in the criminal justice system for the prevention of crime. The crime control does not exclude that is possible to make a mistake, but based on the circumstances of the laws, the person is considered guilty until her or she is proven innocent. This model is based on old fashion laws which allow rapid and speedy convictions despite the mitigating factors of the case and the victim. The results, of the crime control model are wrongful convictions, being over-turned and this is a major downfall in the criminal justice system.
Harms to individual citizens’ physical safety and property, such as the harm caused by murder, theft, or arson. Harms to society’s interests collectively, such as the harm caused by unsafe foods or consumer products, a polluted environment, or poorly constructed buildings. The second purpose is Maintain and Teach: The Social Function of the Law. These maintain the morally wrong laws. For instance:
The philosophy of retribution is that of an eye for an eye, a tooth for a tooth. In other words, that to cause a crime violates the social contract and a criminal must pay his or her debt to society by being punished. This principle suggests that a crime against one individual is a crime against all citizens. According to Lawlink, retribution is the theory that the guilty should endure the punishment which they entirely deserve. Denunciation then again, involves the imposition of a sentence which is in fact severe with regards to make a statement, which the crime in question is not to be tolerated by the community (2003).
Consent is a general defence, this is mainly relevant to non-fatal offences against the person. There are limits on how far an individual is free to consent to be harmed. Consent is never a defence to some offences, e.g. murder. For the non-fatal offences, the courts will look at the nature and degree of harm consented to, as whether the harm was intended.