...A common theme I discovered amongst most of the reading was imprisonment. Seeing how imprisonment is important especially in a Criminal Analysis class it wasn’t a shock to me. Under the imprisonment theme sprung up a couple more themes that will be discussed which is inequality and racism. In the reading Race, Gender, and Punishment from Colonialism to the War on Terror there was a whole chapter dedicated to what we learned in Lecture Seven. During Lecture Seven we spoke about different theories of punishment such as retribution, deterrence, rehabilitation, and incapacitation. Retribution is the form of punishment which is, according to the lecture, to punish for “justice.” The goal of this punishment was to regain justice by matching the harm...
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...about behaviors of other human beings and how we can use laws to control and fix behaviors of others that commit crimes. To be more thoroughly of crime, these are acts and behaviors people do and get punished by law for doing the crime they did. Crime can be defined as a conduct in violation of criminal laws of federal and state government of a local jurisdiction for which there’s no legally accept excuse for the crime that was committed. There are five different goals of the criminal justice. The five goals are deterrence, incapacitation, retribution, rehabilitation and restoration. The first goal deterrence is the criminal justice goal that inhibits criminal behavior through fear of punishment. As for this goal, there are two types of deterrence, specific deterrence and general deterrence. Specific deterrence is when a person is caught punished and decides that they will no longer engage in criminal activities because they know the consequences. General deterrence is when the offender is caught and the punishment is observed other. As for these offenders, don’t commit criminal behaviors to avoid punishment. The goal incapacitation involves removing the offender’s ability to commit crime. What incapacitation means is to incarcerate the person. By incarcerating a person helps keep the dangerous offender off the streets so they won’t commit any more crimes. Retribution is a type of punishment that might include incarceration, fines to pay, community service, public humiliation...
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...support of the former, in his article titled “On Deterrence and the Death Penalty”[ Van Den Haag, Ernest (1969) On Deterrence and the Death Penalty. The Journal of Criminal Law, Criminology and Police Science, 60(2) ], Ernest Van Den Haag outlines his thoughts which support the use of the death penalty and how it might deter heinous crimes against society. The first section of this paper will give a summery of Van Den Haag’s thoughts, which he outlined in the article, including the main points and arguments made which support his view. Following this summary, an in depth analysis of how the article relates to my personal beliefs and understanding of the topic will take place. Summary In section one of the article, the author brings up the point that the purposes of the death penalty must always be understood as being one of two things: doing justice or deterring others. Van den Haag points out that any other aim of a justice system, such as rehabilitation, would not be met by this form of punishment. It is his belief that opponents contesting the use of the death penalty must show that that neither purpose is met in order to illustrate that it should be abolished[ Van Den Haag, Ernest (1969) On Deterrence and the Death Penalty. The Journal of Criminal Law, Criminology and Police Science, 60(2),pp.141]. He then outlines the purpose of his paper which is to challenge the claim that capital punishment is useless as a form of deterrence. Section...
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...As the two seemed to grow together, nuclear weapons had advanced as well as the usage of deterrence. “This growth continued through the first half of the 1980s to the point when, in 1986, nearly 65000 were available for use; over 98% of these were in American and Russian hands.” (Reed, 5-8). The US and Russia were arming themselves for protection of their countries. However, they wished to avoid using their nuclear weapons. With that being said, nuclear weaponry was an expanding industry. “While there were efforts in the 1960s to move past technology controls and reduce the demand for nuclear weapons among the developed nations of Europe by establishing the Multilateral Force within the NATO security coalition, the problem was, in fact, more global.” (Kemp, 275). The expansion of nuclear weapons to Europe and Asia had added to the fear...
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...LEJA 309 | Global Nuclear Security Programs and Recommendations | Connor A Rutherford | INTRODUCTION Global nuclear security programs, some would consider this a Cold War issue. After looking at many of the recent events that have continued to plague our world; the Russian armies at Ukraine’s borders, North Korea’s testing of nuclear weapons; these and many other different types of events describing nuclear powers trying to extend the nuclear weapons programs available to them at the moment. With this being considered the thoughts that this issue of a global security program affecting nuclear weapons should never be considered a Cold War issue. In fact it never really was a just a Cold War issue even after that conflict ended. Even with some of the agreements countries made with different security councils, there has always been the thought of clandestine programs that keep their nuclear programs running. This leads many agencies to give advice on the different ways that global security could be achieved. The Center for Strategic and International Studies does offer such advice in a report in which it incorporates different authors. This reports includes different major issues in global security specifically dealing with nuclear issues and in the report there are many different recommendations as to how to bring about a sense of security that world might be able to feel. GUIDING THE ALLIANCE: U.S. NUCLEAR ASSURANCE AND EXTENDED DETTERENCE IN NATO In this part of the...
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...criminal policy. In conclusion we mean by penology nowadays "a substitute which we call "science of struggle against criminality "that means the ideal methods of prevention and treatment as regards criminality ". so we shall explain at first the prevention and after that the treatment whether its method is legislative, judicial or executive. (1) ___________________ (1) Andenaes, Johannes , "The general preventive effects of punishment." University of Pennsylvania Law Review ,U.S.A ,1966, pp: 949-983. - Gibbs, Jack P. ,"Crime, punishment and deterrence." Southwest Social Science Quarterly , 1968 , pp: 515-530. - Green, Donald E., "Past behavior as a measure of actual future behavior: An unresolved issue in perceptual deterrence research." Journal of Criminal Law and Criminology, 1989 , pp: 781-804. B :- Crime Prevention :- B.1- Concepts of Crime Prevention : Terms such as "prevention," "control," and "deterrence" are frequently encountered in the literature of crime. However, their meaning often varies from one text to another. In this respect, penology is like...
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...2.2.3. Aristotle Aristotle (384 – 322 BC), in the book Rhetoric, spoke widely about the punishment, and this book can be considered as one of the most influential books on the western modern law. Chapter XII and XIII of the first book of the mentioned book is used in this thesis. In these chapters, Aristotle spoke about different themes which is related to the law, prosecution and defense; such as: the various states of mind in which a man sets about doing wrong to others, the causes of wrong actions, the kind of people to whom he does wrong, the ways in which he does it, specific or universal laws, torture, contracts, testimony, witnesses, oaths, equity, etc. Besides, in his Nicomachean Ethics, Aristotle defined wrong-doing as injury which is imposed on the victim by the criminal who did the illegal action voluntarily. On the other hand, the victim is the one who endures that injury or harm, against his own will....
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...that it was a force for change in the way that societies thought about equality toward individuals. As the ideas of justice, deterrence, and individual rights evolved during the Enlightenment, so did the application of capital punishment. It became a tool to help reform individuals instead of punishing them, and capital executions became a private practice. It also evolved from being an arbitrary punishment against minorities, to a consistent and steady punishment for anyone who broke the law, eventually morphing into the punishment system of today. As history has progressed, a complete difference has been seen in regards to the rights of the minorities and the poor in the courts of law. The stark difference in the courts opinion toward minorities can be seen if you compare the way that they were tried during the colonization of Mexico with the way that they were treated in English society after the Enlightenment. As Martinez talks about in her essay, blacks were heavily discriminated against. This social tension carried over into the High Courts of Spanish society, which caused them to be extremely biased against the blacks. The courts bias can be easily observed in the Translated Documents from New Spain, in which the courts, under the façade of a trial, punish a group of blacks simply to make an example of them. The effect of the deterrence was undermined by the fact that these punishments were often inconsistent. These punishments were especially cruel, as Martinez...
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...In the corporate world, a firm would be more profitable if there is lesser intensity from the rivalry among existing firms, the lesser danger of potential entrants and higher barriers to entry, lesser substitutes for the firm’s products and a weaker bargaining power of the consumers and suppliers. Competitive incumbent firms or existing businesses in a particular market adopts strategic entry deterrence to discourage potential entrants from entering into competition in the market. These actions from the existing companies create and strengthen barriers to entry for the industry for new entrants. However, this course of action causes market to lose competition and some might even be illegal. Not all industries and not all companies respond in the same way, the strength and aggression of the response varies accordingly to the current market trends, conditions and consumer behaviour. In this essay, we will discuss on several strategic actions taken by the incumbent firms to create, maintain or increase deterrence on new and potential entrants and thereafter, analyzing the credibility of each action. There are many types of barriers to entry into a market, including factors like high capital costs, differentiated product, costs of switching, distribution network, economies of scale, suppliers, barriers to exit and legal and government created barriers. High capital cost: In an industry that demands a larger capital investment during the starting up process, it will act as a...
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...The introduction of the Youth Justice and Other Legislation Amendment Act in 2014 introduced changes to the legislation surrounding youth justice. These changes are designed to provide harsher punishment to youth offenders, focusing on deterrence techniques. The first change introduced by the Youth Justice and Other Legislation Amendment Act 2014 is – where part 4, division 2 of the Children’s court Act 2000 is to provide that an open court for repeat offenders is now allowed (Department of Justice and Attorney General, 2014). The court has the authority, if it is believed to be in the best interest of justice, to close the court in a repeat offender’s case. The court may also be closed if the evidence is being given of a sexual nature is being given in a Court room. (Department of Justice...
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...of Beccaria and Bentham to the debate about punishment and the impact of these contributions in modern corrections? * Perceptual Research on General Deterrence: A Critical Review * Kirk R. Williams and Richard Hawkins * Law & Society Review, Vol. 20, No. 4 (1986), pp. 545-572 * Published by: Wiley on behalf of the Law and Society Association * Article DOI: 10.2307/3053466 * Article Stable URL: http://www.jstor.org.libraryproxy.griffith.edu.au/stable/3053466 2. .) In all societies certain kinds of behaviour are either encouraged or discouraged by a set of social rules, from mild discouragers such as frowns of disapproval to applause of approval. Behaviours that infringe upon the happiness of others or their property or the general wellbeing of those within the community were discouraged with stronger means such as verbal abuse, beatings and banishment. (Allen and Simonsen, 1998) 3. Theorists such as von Hentig of the early 1900’s proposed that Bentham’s theory of deterrence was invalid due to the fact that the pleasure of committing a crime is a “near object” whereas the consequence of crime imposed by the legal system is a “long-distance danger” and is unable to counteract the immediate rewards of crime. (Paternoster, 2010, p773) HOW MUCH DO WE REALLY KNOW ABOUT CRIMINAL DETERRENCE? Paternoster, Raymond Journal of Criminal Law & Criminology; Summer 2010; 100, 3; ProQuest Central pg. 765 Bentham's Utilitarian Critique of the...
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...The film Reportero encapsulates many of the ideals and themes that have been examined in the Human Rights in Latin America Class. These themes contribute to the frantic and dangerous dynamic that many journalist face in Mexico on a regular basis. The idea of borders and corruption are physical ideas that are not regularly seen with a person’s eyes, but are rather recognized by their mind. Death is another theme, though unlike the previous two, present a real, noticeable physical response. Born out of these physical themes, the idea centered on the motivation of Fear and Resilience is found. These two metaphysical thoughts are encouraged and enlightened by the other physical themes associated with Human Rights. However, before diving into a...
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...Beyond a Reasonable Doubt (2009) Company: Starz/Anchor Bay Director: Peter Hyams Actors: Michael Douglas Jesse Metcalf Amber Tamblyn Beyond a Reasonable Doubt is a remake of a 1956 noir movie with the same title. It was submitted to theaters in 2009 by the Starz/Anchor Bay production company. Directed by Peter Hyams and starring Jesse Metcalf, Michael Douglas, and Amber Tamblyn, this movie is a riveting thriller that focuses on a successful DA that will do whatever it takes to win a case. I chose this film because it was fairly recent and the plot focused on the office of a District Attorney. In the movie, a district attorney, Martin Hunter (Michael Douglas) has a nearly flawless record of convicting criminals and surely has aspirations for the governor’s office. When ambitious rookie journalist, C.J. Nicholas (Jesse Metcalf) begins investigating Hunter for tampering with evidence to secure his convictions, the story takes an interesting turn. C.J., with the help of his videographer, frames himself as a murder suspect to make a grand attempt to catch the D.A. in an act of corruption. Assistant D.A. Ella Crystal (Amber Tamblyn) becomes romantically involved with C.J. and must choose between her recently convicted boyfriend and her potentially corrupt boss. Ella chooses to believe and help her boyfriend, thereby putting her own career and eventually life in jeopardy in order to obtain incriminating proof that puts the fate of both C.J's innocence and Hunter's reputation...
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...adolescents who commit a crime are treated differently from legal adults who have committed the same crime. A juvenile court may hear juvenile cases ranging from truancy to drug dependency issues. The parents or guardians of juveniles are usually required to appear and participate in the disposition of their child case. Disposition can include the parents or guardian being fined for not getting their child to school as required. Juvenile cases are handled differently than adult criminal cases. Instead of criminal district or county court, juvenile cases are heard by a juvenile court judge. There are many differences exist between the adult and juvenile court systems. At its core, the adult court system focuses on deterrence and justice as the rationale for prosecuting offenders whereas the juvenile system commits to rehabilitating delinquent youths into upstanding citizens. Nonetheless, both adult and juvenile courts protects the public and enforce laws, meaning that the overarching procedure remain the same. Another differences between juvenile and adult court is adult court you have bail hearing ,trail, complaint or indictment ,defendant, verdict and guilty. Where in minor court you have detention hearing, fact- finding hearing,...
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...“nothing works” ideology to “what works” movement. The basis of the argument is from the study of Gendreau and Robert Ross published between 1973 and 1978. They reviewed the literature and direct their study to programs that appeared to “work”. Out of 95 experimental studies they reported that 87 percent has positive outcomes. It was further stated on their study that the effectiveness of rehabilitation programs depends on the “type of offender”, the “dosage” and the “integrity” of the treatment. This was supported by Francis Cullen in 1982 that a more humane approach is effective to reduce recidivism rather than institutional incarceration. He re-emphasized in his 2012 study that rehabilitation ideals should be taken of importance for deterrence-oriented programs do not work to reduce recidivism. Nonetheless, as early as 1975, Ted Palmer and Stuart Adams have challenged Martinson’s observation. According to them, the success of treatment depends on particular features of the...
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