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CJ-655 Perspectives in Criminology Assignment - Southwest University
Question - Discuss the traditional areas of criminology and address popular topics such as policy debate, deterrence and incapacitation, race and social class, rights of the accused.
Solution - Perspectives in Criminology
Introduction
The term criminology is associated with the body of knowledge regarding crime, which is a commonplace social phenomenon (Brown, Esbensen & Geis, 2012). It is the scientific study of crime. Criminal justice is the entire process of dealing with the crime with the help of institutions like the courts and the police and correction facilities in order to protect society from the problems associated with crime. The entire Criminal justice procedure has three major objectives, to control crime, to ensure to prevent crime in society and to provide justice to the victims (Schmalleger et al., 2014). Criminology deals with both acts of mala in se that is acts like murder and it also deals with mala prohibita that is an act that is not immoral in general, but the restriction in the process of law makes it restrictive and not allowed such as stealing food, when one is hungry.
Discussion
Criminology is an important social study, which has impact on shaping policies. Forming policies has a major impact on the life of citizens and it is observed that policymaking and related discussions and debates should involve the participation of specialists in the field criminology. Criminology deals with all crimes that are associated with society and tries to find solutions through punishments and acts of improvement that is linked to. Policies to improve quality of human life are often associated with penal policy codes, which help to retain control over people. In law making there is much influence of the aftermath of the social aspects that the law will have and in order to understand what will shape the thought pattern of the society and how the laws can be implemented needs to be debated by the various stakeholders. The origins of crime are related to various aspects of societal behaviour and this is the reason, why evolution of criminal law has major impact of society and its various behavioural patterns. Policy debate associated with criminology has political undertones, as policies are often formulated by debates in parliaments based on many proceedings and decisions in court proceedings. There is many decisions and policy formulations associated with the law of the land that is made based on political strategy and political strategy that is associated with the stance taken by the government.
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Deterrence is the use of punishment in order to stop potential criminals to stop committing crimes. An action is said to have a preventive effect on the chance of repeating a crime or ensuring that the crime is not done for the first time also. The effectiveness of deterrence measures is dependent on the society that is implementing the deterrence. The society has value systems deeply imbedded in it and along with the value systems, there is chance of deterrence ensuring that law and order can be upheld in the society. Most jury are of the opinion that the practice of deterrence is extremely essential to maintain society the way it is designed. Restrictive deterrence is associated with reducing the frequency through inflicting pain on the individual and these are extreme measures, which are taken in case of grave errors.
Incapacitation is associated with taking the concept of preventing any misdeeds much higher than the level of deterrence. Imprisonment is a incapacitation process that is associated with supervision and ensuring that the prison system is able to incorporate a sense of change in the person, so that it deters them from repeating the harmful activity. However, incapacitation does not have the ability to ensure that there is any alteration in the individual. He is only incapacitated through removal from his situation where there is chance of the crime. The concept of incapacitation is based on this principal that a small number of criminals are repeat offenders, who keep doing crimes that lead to the accumulation effect of the large amount of crimes that are committed in society. According to the opinion of Malsch & Duker, (2016), there is increased stress on incapacitation in order to ensure that criminal behaviour is separated from society, so that the criminal cannot influence society and ensure that the impact of criminal psychology is limited in the social arena. There is a huge monetary angle associated with crime and there is a certain amount of money spent on the follow up on the public policy that is made to deter crime. Prison is a form f selective incapacitation that is costly, but it has the effect of eliminating the criminal influence from societal circles (Haapanen, 2012).
Rehabilitation is another aspect that is considered in the case of correctional aspect that is associated with criminology and it is required to ensure that there is a society that is free of crime and criminal wrongdoings (Cullen & Gilbert, 2012). It is most useful in the case of handling juveniles and in the case of drug and substance abuse, where removing them from society and keeping them separated in correctional facilities have proven to be of major successful consequence. Rehabilitation facilities require infrastructure and there is a lot of cost associated with this. However modern criminal justice proceeding advocate this kind of treatment in many cases as because crime rate in the youth have shot up rapidly. It is a process of trying to influence by changing behaviour of the individual and thus it is associated with ensuring that the behaviour of the individual is under check and observation.
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On detailed observation, it has been analysed that crime can be looked upon from the angle of its relationship with a complex serious of patterns that can be linked to gender, race and social class practices. In the opinion of Williamson & Milovanovic, (2015), that crime is a effect of the situation in society and this is where the treatment of the race or gender impact the criminals mind and his or her actions regarding the committing of a crime. Social divisions, crime patterns are often found to show similar patterns or trends, this is related to the aspect of the effect of society and its class, and race based discriminatory behaviour on the criminal's mind Carrabine et al., (2014). The social realities associated with criminal justice often shows a biased approach to the conditions associated with life and practice of people with mixed backgrounds and the trends of racial practices on the patterns of behaviour on the people (Bonta & Andrews, 2016).
There are some rights that are allotted to the accused in the judicial system. A criminal is a normal citizen, who is accused of a certain crime and this is associated with the fact that he has the basic right of getting the scope to prove his innocence in the court of law through the proceedings within the boundaries of the judicial system. He is entitled to confront and cross-examine all his accusers and he has the right of speedy trial proceedings. He has the right to avail the impartial judiciary proceedings (Murphy & Whitty,2013). The human right practices are applicable in the case of the accused, and he has the ability to everything legal in his power to prove his innocence. The rights of the accused are dependent on the constitution of each country and there is much obligation associated with giving opportunity to the accused to avail all factors associated with proving that he is innocent and not guilty of any wrongdoing (Williams, 2012). The accused has the right to avail legal counsel and on the grounds were he is incapable of meeting the expenses attached to engaging a lawyer, the government has to help him by offering services of government appointed lawyer to resolve the issue. The accused has the right to witness the entire criminal proceedings and not v be excluded from any court proceeding associated with his case. Above all the accused has the right to be able to avail a free and fair trial. He also has access to ask an unrelated and impartial jury to preside over the case.
Conclusion
Criminology is associated with ever expanding horizons, it is associated with the serious study involved with societal anomalies and the various processes associated with the concept of making law. Understanding the various aspects of violations and ensuring ways by which a framework of judicial system can be created which will protect people from such crimes that are committed against human kind. There are political undertones associated with the concept of criminology and criminology practice has the impact of sociology and psychology. Criminology deals with all crimes that are associated with society and tries to find solutions through punishments and acts of improvement that is linked to. The criminal justice system tries to improve various aspects of heinousness attached to crime that is linked to offences that are petty and need to be prohibited or are far more serious and are mal errors that unfold in the societal context. However this subject also renders scope to the accused also to protect and defend self and there is discouragement of any bias in the justice proceeding associated with practicing criminal justice.
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