The Evolution of Criminal Law

Taken from the societys perspectives, criminal law can be considered as the embodiment of a societys moral beliefs the crimes of murder, rape, robbery and theft, among many others, no doubt reflect a widespread consensus about what amounts to unacceptable behavior. The presence of criminal law in different societies shows the relative importance of a codified rule that shows the levels of punishments provided for unacceptable behaviors, determination of whether a wrongful behavior is committed, and exemptions to the procedures provided. Through time, criminal law is observed to have evolved, as a response to the changing nature and demands of the society in relation to the need of the legal system to become consistent with the past and serve as a reflection of the present. In addition to this, there are problems and merits noted in relation to the explanations and insights regarding criminal conduct and the approaches to the understanding and prediction of the said conduct.

Criminal law is divided into two categories, which are procedural criminal law and substantive criminal law. The first category lays out the manner through which the state is made to deal with those who have committed criminal offenses and the administration of the penalties in relation to the violations committed. The second category of criminal law embodies the expectations and the expectations found for the members of the society. The violation of expectations, as stipulated in substantive criminal law, is considered to be a crime and the behavior of the offender that results to a crime is considered to be a criminal conduct. In the past, there are several attempts to provide a picture of criminal conduct and the prediction of such behavior. The insights and explanations regarding criminal conduct and the approaches to understanding and determining it have also varied in relation to the changing standards of the society. The standards of what is right and what is not are changing according to the moral of the society.

Explanations and Insights of Criminal Conduct
In an attempt to explain criminal conduct, the history of crime is often understood in terms of the following human nature, the human body, the mind, society, language, race and the heart. As a result, the concept of criminal conduct came to be understood politically, biologically, psychologically, sociologically, linguistically, racially, and spiritually. Each of these spheres offer their own explanations and insights with regard to criminal conduct.

The racial view of criminal conduct forced the police officers to be responsive to criminal conducts in relation to the racial profile of the community. There is a link formed between the commission of crime and the race of the offenders, which led to the significant role that race could play in criminal conduct. While the correlation between race and criminal conduct is a noteworthy observation, it remains as a form of discrimination that further pushes the gap between the minority and majority races in the society. While the correlation can be considered as a result of a statistical observation or research, it is taken to be a form of discrimination against the races commonly linked with crimes. It is further highlighted with the fact that there are existing issues with regard to discrimination and equal opportunities.

Aside from racial connections, Buikhuisen (1988) attempts to discuss criminal conduct as a function of the person involved and the situation that heshe is involved in, which considers both the past and the present. However, the quantification of criminal behavior, in this case, limits it to the person involved and past and present situation. It does not go further into the specifics and remains to have general regard of the people and the situation. Nonetheless, the general picture produced in the equation of Buikhuisen (1988) can serve as a springboard for the context upon which criminal offenses occur.

A larger part of research dealing with explaining criminal conduct s related to the concept of control. In the book written by Gottfredson and Hirschi (1990) entitled A General Theory of Crime, the key factors enumerated in explaining crime are poor parenting and low self-control. According to Gottfredson and Hirschi (1991), the individuals who have a low sense of self-control tend to engage in criminal conduct and deviant behavior when given the opportunity with the purpose of gaining the gratification needed. The theory integrates the concepts of biosocial, psychological, routine activities, and rational choice theories . The concept of social control, in this case, serves as the primary focus of the theory. After its publication, there are several studies done in order to test the validity of the claims made by Gottfredson and Hirschi, which all showed significant empirical findings in relation to self-control and crimes.

Lastly, an attempt is also made to explain criminal conduct in relation to social class. According to Boutellier (2000), Jongmans theory of criminal conduct published in Borders of Youth, reveals that social inequality can be a driving force that can lead to the commission ofr cimes. In effect, the engagement in crime can be seen to be a vehicle of the people to oppose the social inequality perceived in the society where they exist.

Understanding and Prediction of Criminal Conduct
In the previous section, explanations and insights regarding criminal conduct is provided through a set of theories. The discussion above moves to the inquiries related to the understanding and prediction of criminal conduct. In the field of criminal research, an interesting topic to dwell on is the prediction of criminal conduct. While there are no known stringent list of factors that determines criminal conduct, there are known theories that allow professionals and individuals from the epistemic community to pinpoint the determinants of criminal conduct.

An approach to understanding criminal conduct can be taken from the ideas posited by Benson (1990). According to Benson, criminal conduct has evolved from the time when victims played the role of prosecutors, which stemmed from the absence of the public police force. In the present-day society, Benson (1990) argues that there is a greater chance for the criminal offenses to be viewed from the lenses of the private sector where it becomes easier to resolve criminal conduct through arbitration, settlements, or negotiations.

In relation to this, there are also known predictors for criminal conduct. First, association with a set of peers can heighten the motivation of an offender. Contrary to popular belief, the peers are not considered as sources of habits but are rather the source of motivation and will power of the offender. Second, a history of criminal offenses can also serve as determinants to the possibility of committing another form of crime in the future. Recidivism, while it has enjoyed much attention from the population, can prove to be a problem for the criminal offenders as there is the greater tendency for previous violators to commit the same or another offense in the future.

0 comments:

Post a Comment