Essays on Deterrence

The term ‘actus reus’ refers to the physical component of the crime, while ‘mens rea’ addresses the mental aspect of the offence. Situations, when the alleged perpetrator has the actus reus, but lack mens rea can be different, and a solution depends on the constituent components of a particular crime. First of all, strict liability offences and a range of other offences that differ across statutes and common law under different jurisdictions do not require proving mens rea. Strict liability often refers to minor offences (e.g., selling alcohol to an under-aged individual), where it is hard to determine the ...

Introduction

One of the largest and most controversial topics pertaining to nationwide and homeland security is the issue concerning nuclear weapons. Being one of the most deadly and effective war tactic known to man, nuclear arsenals have the potential to wipe out a major part, if not all, of humankind and as such they pose a major threat to countries and societies at large. It is interesting—and quite alarming—to note that even though people are majorly aware of the destruction that nuclear weapons have, most of the major countries keep a nuclear arsenal for potential use in military ...

People often juxtapose their world to the world of nature. More and more often modern people, in contrast to those living in ancient times, express an opinion that they are masters on the earth and, therefore, have a right to exercise dominion over animals, plants, and nature on the whole. However, in most cases, people are just slaves of circumstances and of the environment in which they happen to exist. Disgrace, a Booker-prize winning novel by J.M. Coetzee (1999), is all about that coexistence of the two worlds – the world of nature and the world of people who want ...

Introduction

Abuse of alcohol and prescription drugs is a nettlesome problem, as its incidence has risen since the beginning of the century. Long-term regular alcohol abuse sooner or later leads to alcohol dependence, mental shock, nervous system and internal organs diseases. Despite the commonly held belief, active-duty personnel in the military are not quite as tough as to be completely immune to the substance abuse problems that blight civilian populations. However, the exact number of the alcohol abusers is very difficult to determine because people tend not to share this information. Thus, the numbers among civilians are very rough as ...

Gang violence is a very major issue in the United Kingdom for it is the Gang members who carry out as high as up to half of the shootings that transpire in the capital, and up to 22% of the hard-core violence. (Gov.The UK, 2015) This is the reason why the UK government is eager to take steps to eliminate the involvement of the youth in gangs, because in addition to breaking the power of the gangs in the cities and country-wide in general, it is also important that we take steps to ensure a better future, for the ...

International Human Rights Law and Prisons in Africa

Term Paper 4500 words

Introduction

The International Centre for Prison Studies’ World Prison Brief, in its report suggested that over 10 million individuals are formally incarcerated in prison and correctional facilities around the world. According to the same Brief, even more are held in either military facilities where they are detained or in security or police facilities without any specific legal process underway. There are three categories that the United States’ (U.S). Government has for humanitarian and human rights concerns as they relate to these individuals who are housed in a detention facility that is; 1. unsafe in terms of ...

Introduction

The prison system in the United States has followed a system where prisoners are locked away from the rest of society and their families never to be seen nor heard from ever again, it has become a common theme with prison systems. Prisoners are forbidden to see their families, watch movies, and have certain times when items need to be returned so as to eliminate a possible threat against prison staff; many prisons in many states have restricted the rights of all prisoners. Prisoners in California prisons are a shining example of said treatment, it has gotten to the ...

Yes, I agree with this decision, and the court was right to hold that capital punishment or capital punishment cannot be applied to the case of rape of minors for various reasons which I will set out in the subsequent sections of this paper. The law on the capital punishment in the US is found in the individual criminal codes of each state, but the jurisprudence of the death penalty has largely been shaped by the US Supreme Court. The law in this area was enunciated by the same court when it made it clear in Coker v Georgia ( ...

Death Penalty

When we talk about religions of the South, Islam is the first religion that comes to mind. In general, Islam accepts the death penalty, but emphasizes that forgiveness is preferable. Life was given to people by God and shall be treated as sacred, that is why only exceptional cases of justice and law may justify capital punishment. Only crimes of suitable severity may be commanded to death penalty by the respective court. Each case should be examined individually in order to avoid any mistake and to punish right person. However, many Muslims believe that sinners will find their punishment ...

Proposition 36 - Literature Review

Before 2000 The three strikes law commonly referred to as Proposition 36 has had a long history. It started in the year 1994 when the state passed Proposition 184, which allowed courts to convict a person from 25 years to lifetime if that person had two or more serious convictions for a violent felony in the past. It also qualified the courts to double a person’s penalty of a convict if had been convicted of a felony before (Farabee et al., 2004). The initial attitude was that it was mandatory in all qualifying cases. This attitude came to ...

Terrorism can be simply defined as the use of fear by whatever means to achieve a political objective and therefore includes not only the violence and bombings but also other areas such as cyber terrorism. Following this definition then terrorism can be traced throughout human history with numerous theories used to explore their formation and networking. Due the prevalence of Radical Islamic terrorism in the recent years, a closer examination is necessary to determine the growth and development of these networks. Therefore, in this paper, we shall explore the cold war terrorist networking theory with a comparison with the ...

The Cold War was not only a period in American history where the United States was locked in a massive international rivalry and arms race with the Soviet Union but it was a time of fervent technological, strategic and political development. The United States during World War II had developed a massive new process for technical progress with an applied goal. That is to say, the Manhattan project which culminated with the building of the first ever Atomic bomb was a very important milestone. It showed that civilians and the military could work together for a common goal. While ...

Proposition 36 - Literature Review

Before 2000 The three strikes law commonly referred to as Proposition 36 has had a long history. It started in the year 1994 when the state passed Proposition 184, which allowed courts to convict a person from 25 years to lifetime if that person had two or more serious convictions for a violent felony in the past. It also qualified the courts to double a person’s penalty of a convict if had been convicted of a felony before. The initial attitude was that it was mandatory in all qualifying cases. This attitude came to change only in 1996 ...

Issue with the Justice System

Law Enforcement Introduction The terms law enforcement pertains to a government agency that assumes the responsibility of maintaining public order including public safety and enforcement of the law. There are several branches of law enforcement both local and federal that assume the said responsibility. The local police department, the FBI, Sherriff’s department, special jurisdiction police, and among others are inclusive of the term law enforcement because their key function involves, detection, deterrence, and apprehension of criminal activities. The discussion will highlight the key functions and purpose of law enforcement and the current issues facing this branch of the ...

Free Will and Determinism: A Response to the Problem from the Perspective of Three Philosophical Positions

The concept of free will has been essential in religion and philosophy, but this concept has been opposed to a new one, namely determinism, which is the result of years of scientific progress and the discovery of natural laws. Free will represents the capacity to act independently, or to take decisions based on personal wish, regardless of the pressures one is subject to. On the other hand, determinism is based on the idea that all actions performed by human beings are determined by natural laws and different causal factors, and in fact there is no free will. This idea ...

Reply to Lori Miley

Robbery is indeed one of the most serious crimes in the nation hence people should strive to find ways of reducing the numbers most especially in high crime areas. In my opinion, I would suggest some fundamental social changes that include the redistribution of wealth as well as deterrence and incapacitation. This change would be achieved through the creation of jobs since most of the offenders are poor and suffer from financial crises. As noted by Wright and Decker, the key element that drives people to commit robberies instead of other offenses is the pressing need for cash (Wright ...

In his book “the Origins Of The Second World War In Europe” AJP Taylor makes the argument that the underlying causes of World War II, in contrast to popular sentiment, was the general complexity of political will and international relations at the time, rather than Hitler's dominating influence alongside Fascism and Nazi ideologies. Instead, the various powers, with their individual desires and relational struggles, embarked on the same path which nobody, not even Hitler, had wanted to pursue. Despite the devastation of the Second World War, it is difficult to pin its inception on any one individual. While Hitler ...

Utilitarianism and Taxes

Taxes are an important part of most modern societies. Nevertheless, as with almost anything, one has the option of actually going through with the action or not. Some might say that not paying taxes would be acceptable, as this implies taking personal property away from one person. Nevertheless, Utilitarianists would surely agree that one should pay one’s taxes, as it would ensure that everybody’s needs are covered. According to Utilitarianists, ethics is a way to maximize the greatest amount of good among the greatest number of people, minimizing the harmful effects. Typically, taxes are not high, so ...

The end of World War II ushered in a new era in international policy. After the Axis powers were defeated, the world became polarized between two competing camps: the democratic capitalists, and the authoritarian communists. The first twenty years after the war were especially critical, as various US presidents sought to implement policies to contain the threat of the spreading red nations, which no world leader had seen before. Important policies such as the Truman Doctrine, New Look, and Flexible Response were created to protect American interests, though they at times differed from each other. Presidents Truman, Eisenhower, and ...

Never a spontaneous phenomenon, racism seems sparked often as an ideological view. Unlikely though it may sound, the white liberal government instituted what continued for over 40 years. Characterized by segregation and violence in response to any opposition, the order came to its end. While in the transitional period, the country established the Truth and Reconciliation Commission for the restoration of national unity. Obviously, national reconciliation is possible only through racism eradication since it is racial bias that is at the root of the national disunity and bellicosity. Much as the commission utilized a number of tools towards this ...

Carbon credit refers to a permit allowing a company or state to emit a ton of carbon dioxide awarded to firms that have decreased the emission of greenhouse gasses below their quota. It follows that a country that produces carbon beyond its quota needs to purchase carbon credits from the energy-efficient ones (those producing less) in what economists call “cap-and-trade.” Although most people believe that the cap-and-trade on carbon emission works, I think this is a false assumption. Some economists opine that funds raised from trading on carbon credits would help them come up with alternative fuels reducing the ...

Introduction

The constant development in almost every aspect of the society has led to a lot of new inventions, needs, and growing trends. With growing population all around the world, new businesses have been formed while the existing business has grown. Security issues have also been in the spotlight with different incidences and threat on different aspect demanding for an improved security system (Wilson, & McCreight, 2012). There has always been the need to advance security measure throughout history as security issues are prone to societal changes and advancement of technology and know-how. Currently, most security measures that were being used ...

Abstract

Gun violence has been a bone of contention in the United States for the last several decades. The US government has taken a number of legal and strategic initiatives to fight this serious issue. However, it remains to be an unresolved issue in the US political scenario. A growing number of adolescents are involved in firearm violence. It was in this regard, the Boston Police Department started the intervention program called Operation Ceasefire to reduce the gang-related youth homicides. The Operation Ceasefire program helped the city improve its crime rates to a great extent. The program particularly focused on ...

Cyberbullying is the act of bullying and harassing a person with the use of electronic technology. These electronic technological devices include the use of the internet, and gadgets like cell phones, computers and laptops and tablets, etc. Over the internet, cyber bullying takes place through social media websites, emails, online chat rooms, text messages and various other websites. Cyberbullying can take place in the form of stalking someone over a period of time, harassing them through text messages and emails, spreading rumors about them and posting inappropriate and personal information about a person on social media websites. The reason ...

The living environment shapes who people are. Naturally, in neighborhoods with a negative criminogenic environment, people often go deviant, and, when they do, it often is at a relatively young age. Researchers have gone to great lengths to study the underlying causes of delinquent behavior of young residents. Poverty appears to be one of the principal driving forces of offenders long with income disproportion, albeit to a far lesser extent. The blockade of opportunities or the means to achieve culturally acceptable norms in the society is also an important motivation. While race is not universally found to cause delinquency, ...

Introduction

The 2nd amendment is one of the most important parts of the American Constitution, which gives an individual right to bear arms. “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed” (U.S. Const. amend. II) has raised many public debates about the controversy of the topic with trying to limit and even ban the right of the firearms from citizens. The 2nd amendment added to the Constitution on the December 15, 1791 has been questioned and seen different interpretations. The American ...

Any crime in the society will flourish if the deterrence or punishment for that particular crime is not strong and effective. Crimes always boom in the face of less harsh punishments and penalties which provide the initiative to criminals to continue their work. Child trafficking and abduction have been carried out in almost all countries and regions of the world, especially those where poverty and high population rates have existed. Even though there is ample awareness on the matter today, a large number of babies and children are abducted and sold off to various people in lieu of a ...

The death penalty is imposed to provide justice as well as deter homicide and bring down the crime rate. However, evidence and research cannot provide any consensus which agrees that the crime rate goes down, or it increases with the imposition or non-imposition of the death penalty (D. Vergano, 2012). Therefore in order to determine the correctness of the gathered research, a study will be dedicated to finding out whether the death penalty deters homicide or not. The relation between the death penalty and the homicide rate is found on several variables and surveys which are analyzed, and data ...

The death penalty remains a most controversial topic not only in the ‘US but the rest of the world for many years now. It was in 1622 that the first execution took place in the United States in Virginia for a criminal in the American colonies as stated by Marcus (838). Many oppose while several others support the death penalty. What adds to the debatable issue are the process, mistakes, and costs involved. The last execution in the US took place in 2015. The paper considers all those issues related to the death penalty and if it is the ...

Reduction of crime is the dream of any criminal justice system. In the era where the rate of crime has significantly increased due to the use of sophisticated weapons and technology, there is an increasing necessity for the government and other stakeholders to ensure that such crimes are minimized. Having strict punishment mechanisms is one of the strategies geared towards the reduction of crimes. In Canada, this approach is the most common. Its proponents give a two-fold argument about its role in reducing crime. First, they argue that the offender is ‘locked behind bars’, hence temporarily separated from the ...

Technology

Introduction Anonymous hacker group gained popularity when it hacked the Church of Scientology website in 2008. The group is a structure-less organization that was created to be used by people of all genders, races, ages, nationalities, and religion, to popularize their cause. Since there is no formal membership, the group members communicate via chat rooms on the web or through previous connections2. The group’s symbol is the Guy-Fawkes mask that its supporters worldwide wear at rallies to hide their identities. The group does not have any particular goals, and its only guideline is anti-oppression and is seen to ...

The Kansas City Gun Experiment

1. The evaluation/research project is about the ability of a police patrol project to reduce gun violence, shootings, and homicides in Kansas City. The study suggested that the presence of police force can reduce the handgun crimes, and this theory was tested in the study in the city of Kansas, where the homicide rate was 20 times higher than the national average (Sherman, Shaw & Rogan, 1995). The hypothesis of the study is that the greater the number of guns that are available for the public has the tendency to produce increases in gun homicides. The results of the evaluation ...

Introduction

Criminal punishments in the society are approved by many as a necessary action against those who commit crimes. Despite this universal appreciation of punishment, various theories have different justifications for such punishments. The Kantian approach differs from the utilitarianism approach in justifying criminal punishments. This paper analyzes how the Kantian justification for criminal punishment differs from the utilitarian approach,

Research design and Method

This research will be based on the historical concept. It entails analyzing the characteristics of the two theories and determining how best they could justify criminal punishment in the society as a means of punishing unjustified behavior. It will employ ...

In the early 1960s, a lot of people had no doubt that soon a third world war would start. It was supposed to be a nuclear conflict between the US and the Soviet Union, which would lead to the destruction of humanity, or at least to the collapse of modern civilization. Regularly occurring conflicts like the Korean War of 1950-1953 and the Cuban missile crisis of 1962 intensified the tensions and cultivated the fear in society. Sooner or later, with malicious intent or by mistake, the Cold War could turn into a "Hot War". Everyone understood it, and there ...

Introduction

There has been a cold war between the United States and Cuba since the island was under the rule of Spaniards. Cuba lies only ninety miles of the coast of Florida, and this proximity has lent a viewpoint of many American decision-makers. This proximity to the United States also meant that their harbors were of strategic importance. Cuba's harbors could be used by enemies to threaten the US, and conversely, the US could use the harbors as its first line of the defense against its enemies. This island was factored into the United States economic system, and its economy ...

The basic most concept of morality taught to people revolves around the dictum that human life is sacred, and it has great value. This is the very reason death comes as a shock to people, chiefly because life is a gift and it is cherished by every soul. Throughout the history of mankind, people have killed and have been killed over various disputes. The death penalty has been a major form of punishment given to people in order to penalize them rightly for their crime. The executions were carried out in various forms where torture, beheading at the gallows, ...

It takes a great deal of effort to trust, and once that is lost then it takes a monumental amount of effort to get it back. The committing of a crime against another is a betrayal not only to an individual but to society in general, as it proves that the perpetrator cannot be trusted to exist in an ordered manner among their fellow citizens. In breaking that trust it is often seen that criminals will be labeled for the rest of their days as convicts, untrustworthy and unable to be seen as anything other than a lawbreaker and ...

In 1764, Cesare Beccaria published the book, On Crime and Punishment. His work provided the foundations of classical criminology. In classical criminology, benefits and consequences are argued to be behind all human behavior. Most people compare the future benefits and costs of particular actions before they commit a crime. The argument put forward is that individuals would not participate in any criminal action if the cost is relatively higher than the benefit (Marcello 3). This paper seeks to analyze the Beccaria’s classical school of criminology and how it changed the justice system in the western world. It also ...

Study

Abstract Juvenile transfer laws is one of the most controversial issue on the today’s criminal justice agenda of the United States of America. Thus, the policymakers vehemently argue that the possibility of being tried ‘as an adult’ is an effective general, specific and potential deterrent of juvenile crime. Enacted in the majority of the states, the juvenile transfer laws are thought to be an effective restraint against juvenile recidivism, an effective tool for rehabilitation of the young offenders and a solution, which protects the community against the most dangerous juvenile offenders. Yet, the several studies demonstrated that these ...

Abstract

Death penalty also known as Capital Punishment is a form of formal deterrence which is being used by many countries to punish capital offenders. Death penalty has been used from times of ancient government such as the government of the great Babylon. However, there have several proponents against the infliction of death penalty. These proponents believe that every human being, however villain they are, deserve some level of humanity in their treatment. They believe that by imposing death penalty, offenders may end committing more crimes as a result of fear of being caught and subjected to death. They also ...

Problem 1

Social and economic status influence criminal behavior. The independent variable of the problem is the state of one’s economic situation while the dependent variable is criminal behavior. The American Psychological Association (n.d) noted that an individual’s social and economic status affects physical and mental health, daily activities, and living areas. Besides, one’s financial abilities would influence levels of education and poverty and may predispose one to criminal behavior. At the same time, since poverty may have significant adverse effects on the mental health of the people, it follows that the individual may be susceptible to criminal ...

The capital punishment is a form of punishment that is applied in the criminal justice system. It is worth noting that death penalty is one of the debatable issues in the world. Canada is one of the countries that debate on the death penalty as a form of punishment. For many centuries, countries have utilized capital punishment as a strategy for dealing with serious criminals. The form of punishment in Canada dates back to the era of the British colony. This was a form of punishment that was administered to those conceited of murder, assault, rape, buggery of animals, ...

Trust in Negotiation

Introduction Trust is a relationship that exists between two or more parties whereby the trustor gives the right to the trustee to hold title to an asset or property for the well-being of the third party (Docherty & Jayne 2004). In a negotiation process there exist two types of trust namely living and testamentary trust. Living trust shows effects during the lifetime of the trustor while testamentary comes through the will of the deceased individual. The study by Ury and William (1993) shows that trust can apply in negotiation if the party benefiting is under age or is mentally disabled. ...

The factor to be discussed in this review is the length of the sentence and the rehabilitation effects in prisons. The longer lengths of stay complicate the rehabilitation of prisoners in several ways, the first being with overcrowded prisons. First of all the longer sentences do not work as a specific deterrent to crime and cause the overcrowding in prisons that result in fewer rehabilitation programs per inmate Studies have found that the long sentences are not a deterrent after all. Secondly, overcrowded and prisons, in general, are crime teaching institutions. Criminals with less of a background can increase ...

One of the purposes of criminal law is to impress upon the public the necessity of acting in a manner that society or the state deems desirable. One way that the state achieves this purpose is to impose punishment on those found guilty of undesirable conduct (LaFave, 2000). Naturally, over the course of criminal law in human history, multiple theories of punishment have been developed. Two such theories are contained in the classical and positivist schools of criminological analysis. In order to understand the differences between these two schools, it is important to first understand some of their fundamental ...

In what ways do the five sentencing philosophies provide difference answers to this question?

In what ways do the five sentencing philosophies provide different answers to this question? Classical theories provide that punishment should fit the crime. In order for punishment to fit the crime, criminal law should provide reasonable penalties for crimes and the criminal justice system should apply these penalties in a reasonable manner (Akers, 1999). Scientific alternative interventions for criminal behavior point to pathways for fitting punishment to the criminal. Whether the punishment fits the crime or the punishment fits the criminal depends on which of the five sentencing philosophies govern the punishment of a crime. Deterrence is one sentencing ...

Argumentative Essay: Capital Punishment

Introduction Capital punishment is one of the most controversial topics pertaining to criminal punishment. For many years, this issue has been debated, yet until today, no conclusive position has been reached especially in the United States. Discussing the issue of capital punishment is important primarily because people are divided on whether capital punishment should be imposed or abolished. Furthermore, capital punishment raises an ethical dilemma that needs to be resolved since it is crucial in achieving a just justice system. This paper would like to argue that capital punishment is a just form of punishment.

The arguments that support ...

(Institution Name) Capital punishment is amongst the most controversial aspects of law and order that have ever been debated in the history of legislation. The advent of capital punishment initiated in pre-historical times and the purpose of this punishment was not just disposing of the accused person on whom the crime has been proven, but also to ensure that an example was made of that person, and a message about the supremacy of law was conveyed into the society. However, over the period of time and into the modern period, it was highlighted by humanitarian organizations and movements that ...

Proponents of the theory of deterrence believe that people make their choice on the matter of obeying the law or violating it after considering the outcome of their actions. They believe that an individual makes a choice whether to commit a criminal offence or not after meticulously evaluating the punishment and the gain of their actions. However, this proponent has been criticized basing on the fact that only the offenders end up being deterred hence we have no explanation as to why other people choose not to offend (Homel, 2012). General deterrence can be explained as the effect created ...

Introduction

Punishment is the system used by society to enforce the desired standards of conduct, and to deal with the offender after a crime has been committed . Two common theories of punishment include the retribution theory and the incapacitation theory. The retribution theory seeks to punish an offender who has committed a criminal act. The incapacitation theory seeks to deter or prevent future crime. Both theories seek to convey justice.

Retribution theory

The retribution theory of punishment is the oldest theory of punishment. The retribution theory of punishment rests on the idea that those who violate the law should be punished for ...

[Class Title]

Introduction Capital punishment is the legal remedy afforded by the state that legitimizes the punishment of death penalty for those criminals who have violated a particular law. Such method of punishment is not new. In fact, in the history of mankind, the capital punishment has been observed. Various forms of capital punishment such as stoning, burning, hanging, beheading, crucifying, etc., can be observed in various societies and cultures of the world that goes back as far as history can tell. Today, the imposition of capital punishment has survived. And though there are modern ways of taking someone’ ...