According to Law
Crime is identified as one of the most tough and serious issues of the world and humanity for so many years. Criminal law doles out the crucial responsibility for intended and premeditated unnecessary actions that are against the law. More often than not, the law supposes that people can merely control themselves on some cases wherein they should think first about their actions in a different way based on the probable behavior like self-control. Hence, self control has imperative inferences for the consideration of different behaviors that lead to criminal demeanor and outset of apt penalty. The strength of will is conceived to be the most sensitive and heightened topic of discussion or deliberation in criminal law.
Crime is the creation of one’s preference and an independent willpower. The basic principle of the law in the United States is that there is no crime committed by just a formulation of bad ideas or notion. All crimes have need of some necessary acts before such person may possibly be apprehended as liable to the fair dealing system.
On the other hand, an act can be regarded as criminal or against the provisions of law when the person commits the act intentionally or voluntarily. In the phases of criminal law, the defendants should not be held guilty of the crime if there is lack or proof or reasonable evidences in the accusation criminal acts (Loss of Control, Provocation and the Criminal Law).
A person who is criminally predisposed, the criminal act must come from the watchful choice of the person. The choice may come from an impulse or inclination, thus the choice does not need to be an outcome of detailed forethought. On the other hand, actions that have gone over which an acting person has no control over his or her mental or physical bearing cannot be identified as voluntary. Acts that are not entirely the product of strength of character or self control are more often than not identified as voluntary or intentional (Main).
When an act happens in stimulation or in a spur of the moment, a loss of self control is being applied happening in especially on times when the defendant has been incapable of tolerating the required action that he or she needs to do (Loss of Control, Provocation and the Criminal Law). Criminals do some coherent choices and prefer to do criminal actions because of utmost satisfaction and least amount of throbbing. They involve themselves in criminal acts as a structure of fulfillment for a particular cause or motive like acquiring money, monetary things and other desirable objects.
Criminal Behavior
Some circumstances of exemplifying traits such as physical and mental attributes are being discarded as one of the grounds or basis for crime. Based on some studies of criminologists, they revealed that those people or groups of people who commit crimes are most likely belong into the environment in which they experience tremendous poverty or when they are identified as minority or marginalized group in the society. This is also the reason why they tend to put up criminal behavior among themselves because they think that is their way to cope up with trouble and difficulties.
People commit crimes and act violently because of their misbehavior to vicious criminal acts. Some have stepped out in to the criminal justice system and learn their lesson to never commit a crime again. Others unfortunately keep on repeating their offenses. Environment obviously plays a vital role but it is only one of many factors. The behavior of people who commit crimes can have a varied reasons as well as purposes or intentions. Some were tasked to do these crimes; some have problems in their mental health and some other things that might induce or provoke their capacity to do the wrong things that are unlawful and can be acts due to criminal behavior or uncontrolled circumstances in their environment (Is a life of crime hereditary? New research suggests that criminal behaviour could be all in the genes 2010).
For the most part, the study about criminology intends to seek the reasons of people why they repeatedly commit criminal acts and misdemeanor in certain conditions or situations. By investigating and assessing why a certain person commits a criminal act, the authorities can improve their ways of controlling the emergence of crimes (Criminology Theories: The Varied Reasons Why People Commit Crimes 2014). Albeit being different in thoughts and discretion, justice needs to be protected in a cultured and educated society.
A research and experimental study done in the inmates of New Mexico prison used the Brain imaging system that plans to identify why these individuals are likely to do violent acts and in order to know the behavior they portray when they do such crimes. The brain scans purport that these prisoners were likely to commit more crimes after their release in prison. (Raine 2013). However, Heritage Foundation believed that the true basis of crimes is the collapse in family ties. According to their study, families abandoned by their fathers can be the reason of the increase of violent crimes as well as rate of teenage violent acts for over thirty years. It is also believed that the father's dominance and involvement in his family especially his children are also an effective shield in opposition to crimes (Dickson 2014).
On the other hand, there are two components of criminal accountabilities; these are legal responsibility and their excuses to these liabilities. These responsibilities and justifications as well as the excuses to liability do not revolve around different individual conditions (Farahany & Coleman 2006). Thus, criminal behavior is a effect of the differences of every individual when it comes to thinking and knowing how to judge what is right and what is wrong.
Theoretical Approaches
With the immense increase of crime rates, it is very imperative for the criminal justice system to reflect on the various criminological theories in order to assist them in understanding some aspects of the engagement in criminal undertakings. Moreover, these theories have been very useful in the criminal justice system, however, if there are strengths and implementing the use of these theories, there are also weaknesses or risks in doing so. Thus, the theoretical approaches in criminology can make or break the proceedings or fair dealing system concerning criminal activities and negligence.
Criminology came from the Latin word “crimen” which means “accusation.” It is the systematic study of the causes and deterrence of criminal acts and behavior. Criminology is said to be an interdisciplinary study of behavioral disciplines, especially in the lead of researches in different fields. Criminology is also the scientific study about the non legal facets of crime and law breaking activities which encompass the causes and prevention, of these offensive acts from the point of view of different disciplinary studies in the course of biology, sociology anthropology, economics, psychiatry and psychology among others (Walklate 2003). It is the study of offenses and underlying penalties. Criminologists make an effort to respond to the problems on why people commit crimes in the first place and how different is a criminal from other ordinary people.
On the other hand, criminology theories attempt to construct explanations on why crimes come about and analyze the theories by monitoring performance and conduct. These criminology theories help out in shaping the society's responses to prevention of crimes and patching up the different behaviors or outlook of people about criminal acts.
In the theories of criminology, it is very significant to first examine why people are committing crimes and how will this be prevented or handled by authorities. Different theories have continued to help criminologists in looking for the best resolutions in reducing levels of criminal acts. People normally take action based on their self interest and create or choose decisions to commend crime after meditating on the impending risks (Young 1988).
Moreover, the environment is primarily accountable for the behavior of the person. Particularly, people build up and get motivated to commit crime and all individuals have the power to decide or identify whether or not their acts are unlawful or criminal.
In addition, theories in criminology are depicted to be necessary and indispensable, particularly with the criminal fair dealing method. Without the presence and uses of the theories, the justice system may not be well organized and regulated in terms of making necessary actions with regards to the criminal behavior. Albeit having weaknesses, they are trying to have considerable evidences in order to prove that criminological theories can really help the criminal justice system.
Even if the criminology theories at the present time are recognized as far-fetched and questionable, the account and expansion of these theories is fundamental for any field of discipline. In this regard, it is therefore suggested by different studies throughout the years that biological and psychological theories were foremost drivers of criminal and law-breaking actions. Hence, the rapid assertion of criminological theories has affirmed the political as well as the social significance of different analyses concerning criminology and its theoretical approaches.
Voluntary Action
According to the Requirement of Voluntary Act upon the regularity of U.S. criminal law, a person may be identified as not guilty of a crime or unlawful action, except if his legal responsibility is upon behavioral factors which include a voluntary act or if the act is deliberate and intentionally done. In the Voluntary Act Requirement, no one can criminalize a person without performing a voluntary act (Yaffe).
If an individual’s act is depicted to be involuntary, unconsciously executed or unintentional, it cannot be immediately assessed as a crime but it is considered as an act that is against the law. If an act is done of a person that is drunk, sleeping or unconscious and that person cannot remember what happened and has no control with the event or action, the act can be depicted as unintentional or unforeseen (Criminal Law Outline).
Voluntary action in criminal acts is done by a person willingly. He or she decides on doing it because of many factors and reasons. By acting voluntarily or based on free will, the act of a certain person will be considered criminal or against the law. Furthermore, criminal law stated that a crime requires voluntary acts or willed activities. These actions can bring upon criminal and legal responsibilities.
Crime Prevention
Crime prevention attempts to lessen and put off crimes in different communities. It is functioned purposely to efforts made by the state to trim down number of crimes, implement the criminal laws and preserve the criminal justice system. The main purpose of crime prevention programs is to efficiently prevent crimes from happening by means of community policing approaches and strategies to eliminate risks of criminal acts.
Different crime prevention strategies and community programs aim to make changes in the environment to be able to diminish number of crimes. Preventive activities consist of neighborhood observances, community policing, comprehensive and disciplinary trials (Crime prevention approaches, theory and mechanisms). These efficient strategies for crime prevention engage residents of the community to address factors and make affiliation to local government authorities.
All communities experience differences of opinions amongst their constituents as well as committing crimes that are against the laws of the land. These differences and criminal integration vary from disagreements, misunderstandings and disputes among families, relatives and neighbors including those concerning debt issues, personal conflicts, public debates and controversies that lead to committing crimes that are unjust and unlawful against the welfare of the society and its people. Frequent responses to some arguments and conflicts take account of acknowledging the problem, attending to the concerns with the other person or group involved, knowing the behavior of the alleged criminal and taking the concerns to the court when the disputes are not yet compromised through agreements of the two parties especially at times when the crime induced fatality and death.
Criminal Procedures
The agenda of rules and regulations in administering justice in some cases that involve a person accused of committing a crime is to begin the initial examination of the crime as well as having a conclusion about the results of the investigation (Criminal Procedure 2005). Criminal procedures aim to protect the whole society in opposition to the unsystematic submission or relevance of criminal laws. In particular, these criminal procedures are intended to put into effect the legal rights of criminal suspects starting with the preliminary police contact, take in for questioning, inquiry, assessment, condemnation, prison terms and petitions.
Pursuant to the power of the U.S. Supreme Court, the Federal Rules delineate the courses of action for carrying out centralized criminal proceedings. In the same way, the states have their own set of criminal procedure codes to integrate and give further details about all agreements or undertakings incorporated contained by the Bill of Rights of the U.S. Constitution (Criminal Procedure: An Overview).
Furthermore, criminologists and criminal procedures have a responsibility to give proper actions to social aspects and issues that may have a say to crimes. Therefore, they must be vigilant of the unrightfully outcomes of crimes being committed. Authorities must be on hand in maintaining resolution services every single time in order to diminish the number of crimes and issues.
References
Crime prevention approaches, theory and mechanisms. Australian Institute of Criminology.
Available at: <http://www.aic.gov.au/publications/current%20series/rpp/100-120/
rpp120/07_approaches.html> [Accessed 22 July 2015]
Criminal Law Outline. Wayne LeFave Criminal Law. Available at:
< https://www.wcl.american.edu/sba/outline_databank/outlines/CriminalLaw_Robbins_2.pdf>
[Accessed 22 July 2015]
Criminal Procedure. 2005. West's Encyclopedia of American Law. Available at:
< http://www.encyclopedia.com/topic/Criminal_Procedure.aspx> [22 July 2015]
Criminal Procedure: An Overview. Cornell University Law School. Available at:
<https://www.law.cornell.edu/wex/criminal_procedure> [Accessed 22 July 2015]
Criminology Theories: The Varied Reasons Why People Commit Crimes. 2014. Udemy.
Available at: <https://blog.udemy.com/criminology-theories/> [Accessed 22 July 2015]
Dickson, P. 2014. Poverty Is Not the Cause of Criminal Behavior. American Thinker.
Available at: <http://www.americanthinker.com/articles/2014/08/poverty_is_not_the_cause_
of_criminal_behavior.html> [Accessed 22 July 2015]
Farahany & Coleman. 2006. Genetics and Responsibility: To Know the Criminal from the Crime. Duke University School of Law. Law and Contemporary Problems, Vol. 69, page 115,
June 2006. Vanderbilt Public Law Research Paper No. 06-14. Duke Law School Legal Studies Paper No. 110
Is a life of crime hereditary? New research suggests that criminal behaviour could be all in the genes. 2010. Daily Mail Reporter. Available at: <http://www.dailymail.co.uk/sciencetech/article-1332927/New-research-suggests-criminal-behaviour-genes.html> [Accessed 22 July 2015]
Loss of Control, Provocation and the Criminal Law. In Brief. Available at:
<http://www.inbrief.co.uk/court-proceedings/provocation-and-criminal-law.htm>
[Accessed 22 July 2015]
Main, S. Loss of Control: Sexual Infidelity and the Reduction of a charge of Murder to Manslaughter. The Student Journal of Law. Available at: <http://www.sjol.co.uk/issue-5/
loss-of-control> [Accessed 22 July 2015]
Raine, A. 2013. The Criminal Mind. The Wall Street Journal. Available at:
<http://www.wsj.com/articles/SB10001424127887323335404578444682892520530>
[Accessed 22 July 2015]
Walklate, S. 2003. Understanding Criminology Current Theoretical Debates. Open University Press: Buckingham. Available at: <http://www.socresonline.org.uk/8/4/walklate.html>
[Accessed 22 July 2015]
Yaffe, G. The Voluntary Act Requirement. Yale University. Available at:
<http://www.law.yale.edu/yclp/papers/The%20Voluntary%20Act%20Requirement_Yaffe.pdf>
[Accessed 22 July 2015]
Young, T. 1988. Theories of Crime: Crimes of Theorists. The Red Feather Institute.
Available at: <http://www.critcrim.org/redfeather/journal-pomocrim/vol-1-intro/
126crimestheorists.html> [Accessed 22 July 2015]
