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The consensus theory of criminal law

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Miguel Wong Soc 361x Assignment 1 1 The consensus theory of criminal law contents that society finds its own way and it is product of social needs and values, it also serves the interest of society at large. Rules are for the community to control themselves and to put order. If a crime is committed it is punished by what the society considers appropriate. The significance of that crime has to be evaluated by the same society as well as the punishment itself. The notion of acceptable behavior needs to be set and established by society itself. If an individual crosses that acceptable line, then punishment is in order. This is a way for society to limit and control crime. Laws are deemed to normalize and make society function in an orderly manner. ...read more.


The notion of endangering the rest of the world by practicing homosexuality is a clear example of a law designed to inflict discrimination. The author also refers about nobody expressing concern about "sodomy" sexual practices between a male and a female or even worst, inside marriage. 2 The goals of criminal justice are Deterrence, Incapacitation, Rehabilitation and Retribution. Incongruence and incompatibility arises among those goals. Deterrence is the how society punishes potential offenders so in order to keep them at bay. The sole fear and shame of being punished by wrongdoing something prevents bad individuals or sometimes even good ones to commit or plans to commit a serious crime. Knowing that if someone commits murder the punishment could be the death sentence is a determent enough to avoid it. ...read more.


A common example is the parole system for individuals in jail. By reducing their sentences and make them follow a correct very well supervised path might make them reverse their minds and make them good individuals after all. Retribution is a punishment of offenders because they committed a serious crime. It is called retribution because society recognizes the wrongdoing and punishing the act is a way of also rewarding it. It is an act of action and reaction, pretty much like training animals. Conflict arises among the four goals of the criminal justice system. It is impossible to deter someone and incapacitate him or her at the same time. It is always difficult to decide which individuals to rehabilitate and which ones to retributive or punish. Often times justice serves the more powerful individual and the criminal justice also errs more times that it might want to recognize. Especially on parole issues. ...read more.

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