...have no reason to allow criminals to trade body parts for the punishment and sentencing they have shown themselves to deserve. This is especially true when the amputation involved is actually no real guarantee that the offender will repeat their crime. While seeming like an extreme scenario (and it is), removal of such an offender’s testicles is not necessarily going to eliminate his capacity to assault or molest a child, minor, or even adult. In a similar case, a man convicted of sexual battery on a minor and lewd and lascivious behavior had requested surgical castration as a means of avoiding what would be an almost certain life-sentence. This man was arrested for performing oral sex on an eleven-year-old1 . He did not need his penis or testicles for this heinous act. One might argue that with the loss of the testicles, sex-drive is decreased very much. This is true, but with hormone therapy it can resurface, and while it would not necessarily be easy for a convicted sex offender to get ahold of testosterone injections, it would not, by any means, be impossible. Even the drop in ability to maintain an erection would not necessarily curb the behavior, as often times in situations of rape (and this is especially true in matters of molestation), that the act in itself is less about sex, and more about the gaining of control and/or power that they feel is missing in their life2, and there are means of taking that control sexually without your own genitalia. In short, the simple removal...
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...need or desire for crime or by making it more difficult to do. However, one of the oldest responses has been to punish. Currently in Britain this can involve fines, community service or imprisonment. In the past, imprisonment was simply the precursor to another form of punishment but now it is an end in itself. Punishment can be effective either instrumentally or expressively. It can either reduce crime itself or it can be retributive, expressing society’s outrage. Crime can be reduced in three separate ways. Offenders themselves are discouraged from committing future crimes because they don’t want to undergo the punishment again; Mrs Thatcher instigated the ‘short, sharp shock’ regime in young offenders’ institutions in the 1980s. Some states in America go further and make the time in prison physically unpleasant. The rest of the community is deterred because they see the result of criminality. Prison can also bring about reform or rehabilitation of the prisoner through education, training or behaviour modification courses so that the ex-prisoner can integrate successfully into social life on release. Prison also works because the prisoners are not free to commit crimes against the general public. America uses the ‘3 strikes’ rule to remove habitual offenders from the community. Other countries use other forms of punishment to incapacitate offenders. America also uses the death sentence, a rather permanent solution, chemical castration for sex offenders and Muslim...
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...Introduction. Historically, castration has been often used as a punishment to sex offenders. However, by late 19th Century, most of the castration sentences were disallowed upon appeal (Spalding, 1998). For this reason, legislative systems have made into law legislations that will revive the ancient castration method to condemn such men. However, this procedure has not escaped criticism from psychological, medical and psychiatric professionals. Some critics, such as the American Civil Liberties Union (ACLU), believe that mandatory chemical castration of sex offenders due to court order is unconstitutional (Spalding, 1998). The opponents of castration also argue that side effects associated with chemical castration such as serious allergic reactions...
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...Liberals Believe in government action to achieve equal opportunity and equality for all. It is the duty of the government to alleviate social ills and to protect civil liberties and individual and human rights. Believe the role of the government should be to guarantee that no one is in need. Liberal policies generally emphasize the need for the government to solve problems. Liberal. There is injustice still. But look at how much we've accomplished in the last 50 years. We just have to keep working at it. Both the liberal and the radical positions seek to make the infrastructure more effective in the equality of access to resources and rights. For Jeanne, the liberal sees many of the problems with the system and the injustice it produces. She wants to change the system to make it more just, more equal. She does not want to examine deeply those aspects of our culture that have not changed: such as "economic growth achieved by corporate politics." But she also fears that radical change brings chaos, and has a vested interest in the system that exists. Thus, she is less critical than a revolutionary, and more pleased with results that make the system just a little better. The liberal is more likely to see improvements in race, class, and gender issues, while still recognizing that much more needs to be done. Libertarianism view • Variation of conservatism that believes government should be small and should play only the most minimal possible role in social life • ...
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...Foster Bart Welser Best Companies Bisexual Budgeting ACADEMIC TOPICS, C. J. OAKES, CRIMINAL JUSTICE, ETHICS & MORALITY, LAW, MODERN CIVILIZATION, PEOPLE, UNCATEGORIZED Celebrities HOW SIR ROBERT PEEL INFLUENCED MODERN POLICING Change NOVEMBER 6, 2015 CONTENTRADER 1 COMMENT Business & Finance C. J. Oakes Casual Sex Claire Jeffers Classic Literature Climate Change Collectibles Commercial Art Communication Community Conspiracy Theories Sir Robert Peel indisputably has wielded more influence on modern policing than anyone else. In fact, his influence has been so strong that he is often referred to as the father of policing. To what extent is this the case? PLEASE FOLLOW & LIKE US :) Translate » Constitution Constitutional Law ContenTrader Admin Corporations Corrections Courts Policing the population is an activity carried out by governments for thousands of years. It was not until Sir Robert Peel persuaded the British Parliament to create the London Metropolitan Police in 1829 that policing took on the professional auspices known today (Villiers, 2006). Creative Writing Crime Criminal Criminal Justice Criminal Justice Administration...
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...Wayland Baptist University Lubbock Campus Child Molestation: Does the punishment fit the crime? Justice Administration 3300 Criminal Law Professor Shupe By Lance Sumrall October 18, 2010 Imagine a child, a little girl about the age of 10; she has just walked in the door from a fun day at school. She is surprised to find that mom is not home, only her new step-father. She goes to her room to put away her book bag and take off her shoes. She turns around to see her new dad standing in the doorway with a strange look in his eye. In the moments to come, the innocence of a precious child will be destroyed forever. Studies show that two out of ten girls and one out of ten boys will be sexually abused before their fourteenth birthday, and children that are abused are much more likely to be abused by a family member or close friend not a stranger off the street. While child molestation is a common phrase used by the media and public when discussing sexual abuse of children, the actual crime is called child sexual assault. The National Center on Child Abuse and Neglect defines child sexual assault as “contacts or interactions between a child and an adult when the child is being used for sexual stimulation of the perpetrator or another person when the perpetrator or another person is in a position of power or control over the victim.” These “contacts or interactions” include inappropriate physical contact, forcing a child to view pornography or people performing...
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...Capital Punishment: A Historic Review Since the dawn of man, punishment has been an active part of society’s cultural structure designed to teach society members about morally acceptable behavior and attempts to promote progress and harmony among its citizens. Punishment can be categorized into four forms: retribution, deterrence, incapacitation and rehabilitation. Retribution argues that perpetrators of crimes should be punished by imposing a level of pain or punishment equal to or greater than the pain suffered by the victim. Deterrence can be further classified into two forms: general and specific. General deterrence seeks to influence individuals prior to the commission of a crime through fear of the known penalty. Specific deterrence focuses on seeking to impose punishment on the individual for lesser crimes in attempts to deter repeating or escalating criminal behavior. Incapacitation serves to remove individuals from society to ensure the safety of its members [3]. Capital punishment, commonly referred to as the death penalty, is the most extreme form of punishment imposed on an individual. It is currently defined as “the execution of a convicted criminal as punishment for the most serious of crimes [2]. Despite its current definition, its use throughout history has not always been so clearly defined and limiting. This paper will serve to discuss capital punishment and its application across time and the world. Application and Evolution Even before recorded history...
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...a law that is systemized in 26 states throughout the country and the federal government. Violent offenses include murder, robbery of a residence in which a dangerous or deadly weapon is used, rape and other sex offenses. Serious offenses include the same offenses that are considered as violent offenses, but also include other crimes like burglary of a residence and assault with intent to commit a robbery or rape. The concept of this law is just like it is in baseball, the batter has two strikes before striking out on the third strike and then they are out. The purpose for this law is to not have repeated criminal offenders. This law keeps the criminals off the streets so that they won’t commit any more crimes. This law is also one of the most popular controversial laws because it imposes a mandatory life sentence without parole on offenders convicted of three or more crimes. It is the obligation of a life sentence for any felony conviction, no matter how minor the felony may be. Every crime is different and therefore, every punishment should be made according to the crime in which was committed. I believe that the “three strikes” sentencing should be abolished because it was a law created as an emotional response to the murder of Polly Klass and is not an effective deterrent for criminals. The three strikes law was created in the early 1990’s in response to the murder of 18-year-old Kimber Reynolds in 1992; it caught full movement with the kidnapping and murder of 12-year-old...
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...The United States Constitution duly noted as the “Supreme Law of the Land” is probably regarded as one the most, if not the most important documents ever established. It laid the ground work for the future of this nation and through its influential power, has allowed this country to progress. The constitution was drafted in September 17, 1787 and enacted in March 4, 1789. Being over 200 years old, the Constitution has underwent 17 amendments. The first ten amendments are the Bill of Rights, with a 17 amendments making for a total of 27 amendments. These changes were due to the shifts of view and values of our society. Although the founders of the constitution could not foretell the future of our country, there was sense of understanding that the constitution was a much needed piece legislation to create a balance within the law. As we noted above, the constitution has evolved and will continue evolve over time. Jack Goldsmith, author of The Terror Presidency: Law and Judgment Inside the Bush and Administration and Robert Dahl, author of How Democratic is the American Constitution?, both have a working knowledge of the constitution, but in their various writings, have indicated that the constitution is not so democratic as it was intended to be. The Constitution should be respected by all individuals, and its administration and interpretation should be fair and just. Jack Goldsmith served as legal adviser to the General Counsel of the Department of Defense for the Bush administration...
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...jurisprudence in abolishing the capital punishment. This is to counter the plenary provisions of Article 5 of International Covenant on Civil and Political Rights, 1966 and its protocol in 1989 where the State parties believed that abolition of death penalty should be in the scale of enhancement of human dignity and progressive development of human rights and recalling Article 3 of Universal Declaration of Human Rights adopted on 10th December, 1948 as well as Article 21 of our Constitution.1 It can be judicially said “I don’t punish you for killing the man but so that the other cannot be killed.” That is, the chief aim of capital punishment is to make deterrent to others for same crime . Now this concept is having a new direction. The Supreme Court and High Courts in India interpret the cases before giving the death sentence as rarest of rare cases. The Court moves its eye also for other aspects of society. The landmark cases where death sentences were awarded in India are Ranga Billa case2, Indira Gandhi and Rajiv Gandhi Assassination case, Laxman Nayak case 3 and the lastly, it was awarded to Dhananjoy Chatterjee on 14th August, 2004 in connection with Hetal Parikh case of West Bengal after the Supreme Court affirmed the death sentence awarded by lower courts and President also refused to grant him pardon. In the year 2003, Government laid a bill in the Parliament which proposed to add a provision of the punishment, like death sentence in the Drugs and...
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...PRINCIPLES OF SENTENCING: TOWARDS A EUROPEAN CONVERSATION Paper delivered at Conference on “The Limits of the Criminal Law” at Leiden University, January 23, 2008 and subsequently published in Cupido (ed), Limits of Criminal Law (Nijmegen, 2008).[1] Tom O’Malley Senior Lecturer in Law National University of Ireland Galway First, I would like to extend my warmest congratulations to the students of Leiden Law School for having organised this conference. Thanks to their vision and energy, representatives from several European countries have gathered in this historic venue to discuss some key aspects of criminal law and criminal procedure. More often than not, we think of European law solely in terms of European Union law, the jurisprudence of the European Court of Human Rights or both. Needless to say, the study of European law even in this limited sense is of the highest importance given its impact on our national legal systems and our daily lives. However, growing levels of legal and political integration now demand that we broaden our vision of European law to encompass the domestic legal systems of individual European states. Some work has already begun in this regard,[2] but it is only on rare occasions such as this that we can engage in a meaningful exchange of ideas and information on areas of common concern. Criminal justice is a most appropriate and worthy topic with which to begin. In times past, sentencing would not have featured very prominently...
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...Chapter Study Questions Exam Five 2305 (Chapters 4, 5, and 9) The Enduring Democracy Third Edition, 2013-2014, Dautrich and Yalof, Cengage Publishing. Be sure to skip a line between the question and the answer and skip another line before the next question. Chapter Four: Civil Liberties 1. What are civil liberties and when did individual rights recognized by government first appear in a legal charter? What charter? 73 - Those specific individual rights that are guaranteed by the Constitution and cannot be denied to citizens by government. Most of these rights are in the first 10 amendments to the Constitution, known as the Bill of Rights. The original English legal charter, the Magna Carta of 1215. 2. How are civil liberties different from civil rights? 73 - Civil liberties may be distinguished from civil rights (sometimes called equal rights), which refer to rights that members of various groups (racial, ethnic, sexual, and so on) have to equal treatment by government under the law and equal access to society’s opportunities. 3. What were the Alien and Sedition Acts and were editors if newspapers actually jailed? 74 - Alien Act, which authorized the president to deport from the United States all aliens suspected of “treasonable or secret” inclinations; the Alien Enemies Act, which allowed the president during wartime to arrest aliens subject to an enemy power; and the Sedition Act, which criminalized the publication of materials that brought the U.S. government...
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...Houston Community College Homework 1-5 Presented To: Lloyd W. Gaddis By Yushana Ford Government 2305 8:00A.M- 9:30A.M Mon/Wed 09/20/2015 Chapter 1: The More Things Change…The More They Stay the Same 1. Analyze current problems and issues in American Government by applying Historical perspectives: -History Repeats Itself +A new Communication medium paves the way to Electoral Victory- Meaning the internet and social media have revolutionized American politics. Campaign advertising is the use of an advertising campaign through the media to influence political debate and ultimately voters. Political advertising has changed drastically over the last several decades. Harry S. Truman was proud of his accomplishment of shaking approximately 500,000 hands but his accomplishment was soon pale compared to the next presidential election with the advent of television, war hero and presidential candidate D.W Eisenhower created commercials to get votes and so on and it different with different elections and different decades. +The Power of Incumbency- It is usually used in reference to elections where races can often be defined as being between an incumbent and non-incumbents. Incumbents have easier access to campaign finance and government resources that can be indirectly used to boost a campaign. Incumbency is any elected official who is already in office and seeking re-election. 2. Explain the Philosophical underpinnings of American Political System through...
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...cases this is not a deliberate choice for the children. Numerous social factors coupled with poor parenting, family troubles and above all extreme poverty are pushing these children to this anti-social position. A child is born innocent and if nourished with tender care and attention, he or she will be blossom with faculties physical, mental, moral and spiritual into a person of stature and excellence. On the other hand, noxious surroundings, neglect of basic needs, bad company and other abuses and temptations would spoil the child and likely to turn him a delinquent. Therefore, expressing his concern for Child care, the noted Nobel Laureate Gabrial Mistral Long ago observed: We are guilty of many errors and many faults, but our worst crime is abandoning the children, neglecting the foundation of life. Many of the things are needed can wait, the child can not, right now is the time his bones are being formed, his blood is being made and his senses are being developed. To him, we can not answer...
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...Crime and Deviance AN INTRODUCTION TO CRIME AND DEVIANCE Definitions * Crime- An act which breaks the criminal laws of society. * Deviance- refers to the behaviour which is disapproved of by most people in society and which does not conform to society's norms and values. TOPIC 1: FUNCTIONALIST, STRAIN AND SUBCULTURAL THEORIES Durkheim's functionalist theory: * Socialisation and Social control are two key mechanisms which allow social solidarity to occur in society. The inevitability of crime: * Functionalists see too much crime as destabilising society. * They also see crime as inevitable and universal- Durkheim, 'crime is normal... an integral part of all healthy societies.' * There are two reasons why C&D are found in all societies; 1.Not everyone is equally effectively socialised into the shared norms and values. 2. Different groups develop their own subculture and what the members of the subculture regard as normal, mainstream culture may see as deviant. * Durkheim also discusses that in modern societies there is a tendency towards anomie (normlessness). The diversity of modern societies means that the collective conscience is weakened, and this results in higher levels of C&D. The positive functions of crime: * For Durkheim, crime also fulfils two important functions; boundary maintenance and adaptation. * Boundary Maintenance- In Durkheim's view, the purpose of punishment is to reaffirm society's shared rules and reinforces...
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