Research Paper: Criminal Law. A Comprehensive Research

Pages: 5 (1491 words)  ·  Bibliography Sources: 5  ·  Level: College Junior  ·  Topic: Criminal Justice  ·  Buy This Paper

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[. . .] This is done through keeping the criminals sentenced in prison. Neocleous, Mark mentions in his "Fabricating Social Order: A Critical History of Police Power" that death penalties and banishments serve the same purpose. There are many arguments that capital punishment should not be an option as it sends out the wrong message for humanity but certain criminals are needed to be dealt in that way. (Neocleous Mark, 2004) Rehabilitation is another objective of the criminal law. Rehabilitation aims at transforming the criminal into a member of a society who can contribute to the society. The primary focus is on preventing the crime by making the criminal realize that his conduct was inappropriate.

The victim oriented theory is restitution for punishment. The main aim is to repair the hurt inflicted by the offender on the victim, with the help of the state authority. An example of such case would be of a person who is robbed by a robber and then the robber is caught by the police. The state will now be responsible to collect the amount from the robber and pay the victim accordingly. This is very closely related to the concepts of the civil law which also advocates the concept of returning the victim his original position.

Wolfgang Marvin mentions in his "Crime and Punishment in Renaissance Florence," that an offense against a person according to the criminal law is considered to be a crime which directly harming physically or applying force to some other person. (Wolfgang Marvin, 1990) There are three basic divisions of crime against a person.

1. Fatal Offences

2. Sexual Offences

3. Non-Fatal / Non-Sexual Offences

The fatal offences are further classified into two parts murders and manslaughter. Murder is considered to be the most fatal and serious of all the offences. It is an offence where the intention is to kill some other person. The intentions are however subject and requires some understanding of the person and the case to figure out. There can also be a transfer of intent also in certain circumstances. This happens when the harm intended was to some other person but a different person was killed in the process. Manslaughter is considered to be a lesser offence. Manslaughter can be of two types, voluntary and involuntary. When the defendant kills the other person with malice aforethought it is a form of voluntary manslaughter. Involuntary manslaughter is when the accused had no intention to cause death but caused death due to criminal negligence and recklessness.

The sexual crimes are usually categorized in a separate manner, although they are offences against a person. Sexual assault can be defined as an assault on another person of a sexual nature or any act of sexual nature committed without the consent of the other person. Most commonly the sexual assault is from a man on a woman but there are many cases when there is more than one man assaulting a woman. The most common forms of sexual assaults are rape, child sexual abuse, torture in a sexual manner, forced kissing and inappropriate touching.

Non-fatal offences are usually that offence that are made to directly harm another person but due to some reason is not able to cause a death to the other person. These offences are considered as homicides. It is common to all kinds of crimes against a person that the bodily integrity has to be maintained and no infringement is allowed. It is not limited to the body instead it is extended to the touching of clothing although there is no physical harm involved. However this is not taken seriously and by the literal meaning because if all kinds of touching would be criminalized then there will be a question of the right to liberty. The right to privacy is a major issue which is related to this form of crimes. This also includes the threat of violence and the actual infliction. This act has been criticized heavily but has not been replaced.

References:

Richard Quinney, Criminology as Peacemaking, Indiana University Press, 1991.

Walker, Samuel (1992). "Origins of the Contemporary Criminal Justice Paradigm: The American Bar Foundation Survey, 1953-1969." Justice Quarterly

Wolfgang, Marvin (1990). "Crime and Punishment in Renaissance Florence." Journal of Criminal Law and Criminology (Northwestern University)

Neocleous, Mark (2004). Fabricating Social Order: A Critical History of Police Power. London: Pluto Press.

Savelsberg, Joachim J., Lara L. Cleveland, Ryan D. King (June 2004). "Institutional Environments and Scholarly… [END OF PREVIEW]

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Criminal Law. A Comprehensive Research.  (2012, May 17).  Retrieved June 16, 2019, from https://www.essaytown.com/subjects/paper/criminal-law-comprehensive-research/2516673

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"Criminal Law. A Comprehensive Research."  Essaytown.com.  May 17, 2012.  Accessed June 16, 2019.
https://www.essaytown.com/subjects/paper/criminal-law-comprehensive-research/2516673.