Questions and Answer
In order to find the connection between these three terms, first we need to define them. The rule of law, as per Zun, Nollkaemper and Peerenboom (12), denotes the legal principle that accounts for the need of a nation to be governed by law. In other words, it reflects the unlimited exercise of power through subjecting it to well-defined, as well as established laws; laws entrenched in a given constitution of the nation at hand. On the other hand, legitimacy denotes lawfulness of any given thing, and lawful here means it adheres to the laws of a given country’s constitution (Zun et al. 23). In contrast, the rule of law indicates an act that is against the law; unlawful (Zun et al. 23). Having said that, we can now attempt to show the connection between the three terms. What comes clear from the above definitions is that that they are all bound by the term law. In that case, it is prudent to explain what law means. Law, for that matter, stands for the system of rules that have been passed by the country’s law making hierarchy and are enforced by the set social institutions. Most countries have a legislature that is mandated to make the country’s laws, and such laws are applicable to any person citizen of that nation or any foreigner as determined by the law.
For that matter, the rule of law ensures that all laws that have been passed are adhered to and that those who go against them face the consequences as per the rule of law. In other words, they cannot be punished beyond what the rule of law stipulates. This brings in a new dimension that the rule of law is defined; has boarders. People’s actions or activities within that nation are guided as per the boundaries of the rule of law. No one can be prejudiced against the rule of law or no one can escape punishment that has been established by the rule of law. Similarly, legitimacy ensures that whatever actions or activities that people of a given nation engage in, are done within the confines of the law, and so long as they are within the country’s constitution, those activities or actions cannot be questioned. In other words, it gives the people the freedom to act so long as it is within the rule of law. However, crime is on the negative side of the law, and it means those that have engaged in the crime have (1) gone against the rule of law and (2) acted illegitimately. On that note, it is evident that the rule of law and legitimacy marry in terms of promoting virtues in the society while crime goes against them by sabotaging either of them. In line with that, it has been shown that these three terms are connected by one thing; law. While legitimacy is within the confines of the rule of law, crime is outside the rule of law; it goes against the rule of law. That is where the connection between these three terms comes in.
Challenges in the evolution of Police and the Current state of affairs
Police is one of the oldest institutions of government and is concerned with not only preventing, of crime, but also the enforcement of law and order. Even though there are common policing laws globally, there are significant differences at the regional or national level with respect to the various police departments conduct their activities.
In the ancient days, citizens were the chief law enforcers; they would detect or prevent crime and ensure that lawbreakers were punished. In that case, many of them volunteered to police and were not paid for it. These practices for a long time shaped the underpinnings of policing in different parts of the world. This social system worked for some time and was more effective in rural and remote areas. However, as urban centers began to emerge, crime rates increased and so did riots and demonstrations as people sought to express their dissatisfaction with different issues. These developments brought in the need to have a permanent police force that would counter those dangers. Police departments were then enacted to enforce the full authority of governments in different localities and states. Initially, the public was against the formation of a centralized police unit as most thought it would act as the military. There was reluctance from the general pulped to be controlled by the police force. However, over time, people have realized the significance of policing and it has become a must in every state.
All over the world, police rely on the trust and cooperation of citizens and communities to execute their duties. They are expected to be fair and firm but should adhere to the rule of law. They are expected to use force or physical control in cases when all other alternatives have been exhausted. However, in the modern society this forms a thin line that is some of the times crossed by the police. Addition, in the USA, for instance, the issues of race and religion are still hard to with because in a number of instances, police have gone overboard based on these factors.
In line with that, there are different challenges that have shaped the evolution of police from the ancient times to the current state of affairs.
In the USA, as noted above, issues of ethnicity and religion are amongst the biggest challenges that the current police face. At times, some of them make decisions based on religious or racial lines and such decisions end up jeopardizing the image of the police. Additionally, civil rights and human rights movements have put a cap on police practices and have limited to some extent the excess force that the police had. Additionally, democracy is another biggest challenge that has police evolution is facing. Normally, it is married to things such as race and religion. At times, police decision are made depending on the decision-maker’s political inclination and this has affected the policing community in a negative way. In most cases, when such actions are taken, they tend to favor the political side that the police is inclined to. These limitations are putting a cap on the evolution speed of the current police. There is a thin margin between excising police powers and refraining from messing with civil rights and human rights of individuals because the latter have become so advanced and sensitive in the current era.
The connection between criminology and practice in place-based crime prevention
It took a long time for policy makers, as well as criminologists to realize the significance of the association between place and crime. However, with time, there was the discovery of the association between the two, meaning that certain places are prone to crime or certain types of crime (Eck 1). Different theories have been proposed to try and explain the association between crime and the place it is committed (Eck 1). We have those that attempt to explain the association on the basis of the development of offenders while the other school of thought looks at the development of criminal events.
For example, different studies have been conducted to ascertain why a certain group or class of people commit crime more often than others and what can be done to salvage the situation. There are three good examples of theories that have sought to explain the association between the two. Rational choice approach entails that offenders select a target and engineer ways to attain their goals (Eck 1). Secondly, there is the routine activity theory that highlights that crime events take place because of the confluence of certain factors (Eck 1). Motivated offender, target, and the target and the offender ought to be in the same place at the same time, and that the target must have minimal protection. On the other hand, combines the underpinnings of the above two theories to explain an umbrella of factors that could help unravel the relationship between crime and the place it is committed (Eck 1).
Having said that, criminology and practice in place-based crime prevention are closely related. The two help come up with ways of understanding the concept of place-based crime and developing strategies at the practice level to arrest the situation. For example, as shown above by the rational theory indicates that the offender chooses a place where their goals would be executed perfectly while the second theory, routine activity theory highlights that crime events take place because of the confluence of certain factors (Eck 1). These factors include motivated offender, target, and the target and the offender ought to be in the same place at the same time, and that the target must have minimal protection. In line with that, criminologists in the workplace can employ these theories in practice to help prevent place-based crime. For example, they can identify areas that appear to be potential targets of offenders and educate the public on how they ought to conduct themselves while in those places.
The public can be informed to refrain from such areas at certain times when offenders are likely to attack the most. This may also call for lighting up the place and installing CCT cameras so that offenders can be deterred from going there. Similarly, criminologist in practice can educate minors on whom to accompany and at what time while nearby or within the crime areas. Therefore, there is a close association between criminology and practice in seeking solutions to place-based crime.
Implications of Prison culture for rehabilitation
Upon release from the prison, the easiness with which an ex-prisoner reintegrates into the society or community depends significantly on their immediate prison cultures. A lot of research has been conducted on reincarnation and integration of ex-convicts into society and many barriers have been identifies. However, the prison environment in which the prisoner stays plays a crucial role in determining how easy or hard an ex-prisoner will find it to reintegrate into society. For example, a person who had been imprisoned for petty crime or robbery is likely to steal again if their financial needs are still the same at the time of their release. In that case, the prison environment should seek to have corrective measures where the prisoner is trained on how to survive while in the outside world without engaging in crime. In that case, it would be prudent to offer them with training or skills that they can employ while outside the prison environment.
For that matter, investing in rehabilitative culture in the prison environment plays an instrumental role for prisoners who would be released someday. The rest of the society hopes that the prisoner will return home with new skills and attitude that will help them stay out of trouble upon their release from prison.
There is a need to offer rehabilitative training to all inmates irrespective of their case statuses. Those, for instance, that have been imprisoned for life can find a leeway in the future through presidential pardons or appeals. Therefore, the prison culture has a significant influence on rehabilitation and ought to be looked at keenly. In many prisons across the world, there has been a considerable effort to impact skills into prisoners so that they can become productive upon their release and this has proved to be successful in different areas. Therefore, it is paramount for governments to invest in prisons so that they can offer the best training on rehabilitation for their inmates.
In summary, this paper has shown that the connection between rule of law, legitimacy and crime is the word law. Law, as seen earlier, stands for the system of rules that have been passed by the country’s law making hierarchy and are enforced by the set social institutions. Therefore, crime is not only being on the wrong side of the law, but also illegitimate, and those who are caught on the wrong side of the law face the rule of the law. On the other hand, current police state of affairs and evolution are hampered by racial, religious, political, human rights, and civil rights factors. Similarly, criminology and practice in place-based crime prevention are closely related. This phenomenon helps criminologists develop strategies at the practice level to arrest the situation. Finally, prison culture has a huge effect on rehabilitation. The prison environment in which the prisoner stays plays a crucial role in determining how easy or hard an ex-prisoner will find it to reintegrate into society. Providing the correct environment (culture) better prepares the inmates for their future after their release.
Works Cited
Eck, John. Crime Places in Crime Theory. Maryland: UMRP, n.d. print.
Zun, Michael, Nollkaempe, Andre and Peerenboom, Randy. Rule of Law Dynamics: In an Era of International and Transnational Governance. Cambridge: CUP, 2012. Print.
