Criminal Law Essays Example
Type of paper: Essay
Topic: Crime, Social Issues, Theory, Criminal Justice, Ethics, People, Population, Behavior
Pages: 2
Words: 550
Published: 2023/02/22
Criminology is a scientific study that involves the study of the causes of crime, the correction mechanisms that can be adopted and how crimes can be prevented. There are many perspectives that through the causes of crime can be viewed.
There are many theories which attempt to explain criminal conduct such as the psychological theory. The theories attempt explanations at the causes of crime and the possible measures that can be adopted to reduce crime and delinquent behavior.
The classical theory claims that people exercise free will in committing crimes. According to this theory people weigh the benefits of committing crimes and failing to commit crimes. This theory, therefore, proposes harsh punishment for criminal conducts so that people are discouraged from committing crimes. If harsher punishments are imposed on criminal offenders, other likeminded people will feel discouraged from committing offences.
The radical theory claims that people commit crimes because they want to enjoy the good things in life. The poor seek wealth so that they can move from their poverty. The wealthy commit crime because they want to be wealthier. This theory explains the cause of crime.
The sociological theory claims that the cultural and social conditions have an influence on criminal conduct. The issues of peers and the social disorganization of society is a cause of crime. For example, a child who is brought up in a disorganized family is likely to develop delinquent behaviors. The social environment in which an individual lives determines their lifestyle. A person living in neighborhoods where crime is high is likely to develop delinquent behavior. The type of people that an individual interacts with influences their behavior. Interacting with people exhibiting delinquent behavior is likely to make lead to delinquencies and criminal conduct.
The biological theory also explains the propensity to commit crimes. The biological theory claims that certain traits are inherited. This means that if a child inherits traits from the parents. According to this theory, a child of a delinquent parent is likely to develop delinquency.
The psychological theory of crime views the mental element of an individual as the cause of crime. The mental state of the individual determines whether a person is likely to commit crime or not. The upbringing of an individual contributes to their mental state. The propensity to commit a crime is contributed to by the how a person is raised up.
The consensus theory of crime claims that the people in society are in general agreement on the types of conduct that should be outlawed. According to this theory, crime is defined in law and they outlaw things that the society dislikes. However, the conflict theory claims there is inequality in society with difference in the conduct that should be outlawed. According to this theory the capitalists who are in control of resources only criminalize conducts that are done by the working class who are poor. The capitalists do not criminalize acts that are done by the rich hence the imbalance in the criminal justice system.
A good criminal theory exhibits certain characteristics. The theory should be able to satisfy the three concerns of criminology. The theory should be able to explain why people engage in crime, how crime can be prevented and the correction measures that should be adopted to reduce delinquencies. The theories should be able to address all these facets. Simply giving the cause without providing the measures that should be adopted to reduce the criminal conduct makes the theory less feasible. The classical theory scores in this end because it provides the best way of dealing with criminal conduct. The theory proposes the prevention mechanism is the best.
There is a distinction between mala in se and mala Prohibita. Mala in se crimes are those that are inherently bad. There is a common ground across societies that Mala in se crimes are wrong in themselves. For example, crimes such as rape, murders and assault and other similar crimes are inherently evil. However, Mala Prohibita crimes are illegal but they are not inherently evil. For example, failing to pay packing fees is illegal but it is not inherently evil.
There are measures that are used in criminology to measure criminal conduct and other delinquencies. The self report method is a technique that has been used in criminology to determine crimes. Under this technique, an individual is asked whether they have engaged in criminal conduct and the frequencies of such behavior. This technique is an effective tool of measuring crime and delinquent behavior. It has been improved over time and this technique has proved valid in research. However, this method as a measure has some shortcomings which must be addressed to make the measure reliable. The failure to categorize offences as minor or serious under this method affects its credibility.
Crimes are classified into indexes by the FBI. It is an efficient tool of measuring delinquency in the United States. This kind of approach must be used by the Self Report method. The FBI lists murder, forcible rape, aggravated assault and robbery. This classification of crimes is useful in coming up with efficient and reliable data. Dividing crimes into categories makes measurement easy.
Surveys can are also used in measuring crime and delinquency. There are many kinds of surveys that can be used in measuring crime in society by determining the age, regional composition and other demographics of offenders.
There are many factors that contribute to crime. Crime trends are affected by many factors including the population density, climate, family conditions among other factors. Population stability has an effect on crime. The income level in a region determines the propensity to commit crimes. A place where unemployment is high is likely to experience high levels of crime. A wealthier population is not likely to experience high crime rates.
The population segments also influence the rate of crimes. A population that has a high youthful population is likely to have high incidences of crime. The elderly have a low propensity to commit crimes. The demographics and the geography of a place and the population have an influence on the crime rates.
The many theories of crime explain the causes of crime and the propensity of individuals to engage in delinquencies. The demographics and the geography have an effect on the commission of offences of individuals. The trends of crime have both geographic and demographic dimensions which must be analyzed in determining the causes of crime and the preventive mechanisms that can be adopted. In measuring crime and determining the trends there are time tested tools that can be used. The self report method and surveys are some of the tools that can be used in determining the causes of crime, the population involved and
Works cited
Tibbetts, S & Hemmens, C Criminological Theory: A Text/Reader, 2014, SAGE Publications Inc
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