• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

The consensus theory of criminal law

Extracts from this document...

Introduction

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.

Middle

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.

Conclusion

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.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Crime & Deviance section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Crime & Deviance essays

  1. Describe law and order in London in the late 19th century

    ripper murder were also ripper murders and thus labelled him a serial killer when he in likelihood killed only one prostitute. This gave the public the impression that the Ripper had killed more people. As each brutal murder was separated by a longer duration and in order to keep the story going, the public and press, usually tabloid, sensatimilised (exaggerated)

  2. subcultural theory

    They strive for success by means of accepted channels. Another response is innovation. Innovation is when a person turns to deviance to achieve their goals. Merton argues that members of the lower strata are more likely to choose this road to success.

  1. Inequalities within the 'Criminal JUSTICE System/Process'

    (Carvel 21/12/2000 in the Guardian) Problems about predicting potential criminality is that there is no accurate way of doing this, psychiatrists cannot decide on a definition of 'dangerousness' (Nash 1999). There are moral, cultural and political judgements used as a basis of risk assessment.

  2. A Failing Justice System

    Also, it is a tragedy that the cost of a murder for the government is about 1.1 million pounds (Demirbas 84). Fear for Crime 7 "Fear for crime" is the unsafety feeling that crime causes in the society, and it decreases social relationships.

  1. The function of punishment in criminal justice.

    All human beings are imperfect and subject to mistakes which might bring prejudice or harm on others. But convicted criminals are willful offenders who deliberately break reasonable and clear boundaries set out to maintain social control and to protect human life.

  2. Describe Law And Order In The Late Nineteenth Century

    The prisoners were set a time that they had to spend in Australia and all good behaviour was rewarded with an early ticket back to England. Many people would be on their best behaviour to get that ticket. Transportation was the one punishment that made the crime rate fall.

  1. public law

    For the most part, they pertained to those who were imprisoned. The purpose of those statistics was to judge the "nature and extent of the criminality in a given geographical area" and to "determine the transformation, if any, which is occurring in these two phases."

  2. Describe law and order in London in the late nineteenth century

    The police force did admirably expect high behaviour although this was expected for very low wages. This wasn't a 'human rights' problem but instead one of exploitation as policemen were very easy to bribe. Low wages also meant it was hard to get a lot of men and coupled with

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work