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World history

KINSHIP-BASED SOCIETIES

Kinship-based societies are societal organizations that have existed from the beginning of human history. The basic level is the family relationship, whereby contact with immediate family is important for reasons of survival. Contemporary society has considerably disregarded the need for support in survival. Kinship has grown into an essential division of learning in anthropology. This is primarily because of its intimate connection with nearly all social levels.

Roman Citizenship. Citizenship in the era of ancient Rome was regarded as privileged legal and political status, which could only be awarded to free-born persons with respect to governance, property, and laws. Possession of this citizenship was beloved by both barbarians and Romans alike. In addition to granting security from the death sentence, a Roman citizen could enjoy the right to cast a vote (jus suffragium), the right to create contracts (jus commercium), and the right to bond in a legal marriage (jus conubium). A roman citizen also enjoyed the right to vie for public or civil office (Jus honorum), the right to defend one’s level of citizenship in the event of relocation to a polis of equivalent status (Jus migrationis), among other rights. The significance of Roman citizenship was that it was a prerogative of a few. It was also employed as a means of foreign control and policy. Political allies and colonies would be offered a trivial variety of Roman citizenship, since there were several graduated echelons of legal rights and citizenship. Confucian Ideals. Humanism is central in Confucianism. Confucian ideals are founded on varying degrees of honesty. An uncomplicated way to comprehend Confucian ideals is to study the world by employing the common sense of humanity. In reality, the principal function and foundation of Confucianism is an ethical perspective to be practiced by every member of society. The central pole of Confucianism is reformist, spiritual and idealistic. It generated a high model for family interactions, whereby members were supposed to treat one another with respect, love, and thoughtfulness. It prescribed a patronizing model for the state whereby the ruler was supposed to be a father to the people.

Pax Romana. The Pax Romana started in 27 BC with the rise to power of Augustus, which signified the closing stages of the Roman Republic as well as, its last civil wars. This period of tranquility lasted until the demise of Marcus Aurelius in 180 AD. The word pax is Latin and translates as peace, accord, or treaty. One significant consequence of the Pax Romana was the affluence it brought into the empire. It also contributed to the spreading of Christianity which became easier by the safer travel. It extremely increased communication and trade by granting safer infrastructure across Europe as well as increasingly safe sea routes. During this era, there was extremely little military expansion within the empire.

Mandate from Heaven. The Mandate of Heaven refers to a traditional philosophical concept of the Chinese concerning the legality of rulers. It is comparable to the European theory of the kings’ divine right, in that the two concepts endeavored to legitimize rule as of divine endorsement. However, in contrast to the kings’ divine right, the Mandate of Heaven is predictable on the character of the ruler under consideration. The Mandate of Heaven hypothesizes that heaven would bless the power of an impartial ruler, as defined in the five Confucian relations. On the other hand, heaven would disapprove of a tyrannical ruler and would remove its mandate, thus leading to the removal from power of the tyrannical ruler. Consequently, the Mandate of Heaven would transfer power to the ruler who would be best suited to govern.

Shang Yang .Shang Yang, also known as Gongsun Yang, is among the most influential and controversial statesmen in the ancient epoch. Confucian orthodoxy depicts him as an exceedingly brutal as well as a central character in the pantheon of legalist philosophers. Anti-Confucians and liberals portray Shang Yang as a principled advocate of the rule of law and a barricade against authoritarianism. Academics doubt that the anthologies of writings that bear his name contain any of Shang Yang’s own writings, but similar to other philosophers in China, it is probably a consequence of his influence. Shang Yang’s philosophical influence originates principally from the Hanfeizi recognition of him with the conjecture of ding fa and yi min. Much of the disagreement concerns the subject of these concepts and, in result, the moral importance of Shang Yang. Shang Yang’s extensive political strategy would be summarized as substituting restructured structures for amorphous traditions and organic families that typify Confucian feudalism.

Terra Cotta Soldiers. The Terra Cotta soldiers were the guardians of the first Chinese emperor. The Terracotta Army was revealed in 1974 to the eastern side of Xi’an in Shaanxi province of china. The site of the excavations is considered as a sensational archeological discovery. In 1987, UNESCO listed the site as among the world cultural heritages. Qin Shi Huang began constructing his mausoleum upon rising to the throne in 246 BC. It took approximately 11 years to complete the mausoleum. It is hypothesized that numerous buried sacrificial objects and treasures accompanied Qin Shi Huang in the after life. Some peasants discovered some pottery as they dug a well near the royal mausoleum.

Sermon on the Mount. The Sermon on the Mount was a teaching that was given by Jesus, a 1st century Judean prophet. In the sermon, the concentrated on the Law of Moses, this is an earlier authorized code which entailed divinely motivated moral guidance. Its significance derives from its content as well as the status of Jesus. In the Sermon on the Mount, Jesus highlights the scriptures that grant the moral basis for Judaism, namely the Ten Commandments. Through it, Jesus establishes that these were foundational for transformation to Christianity. In regard to Christians, they believe that Jesus is God in the flesh, thus; his words are exceedingly significant.

Five Pillars of Islam. The Five Pillars of Islam form the establishment of Muslim life. The first pillar focuses on belief or faith in God’s Oneness and the irrevocability of Muhammad’s prophet hood. The second pillar focuses on the establishment of the every day prayers. The third pillar focuses on concern for as well as almsgiving to the disadvantaged. The fourth pillar focuses on self-purification by means of fasting. Finally, the fifth pillar focuses on the pilgrimage to Makkah for the believers who are able.

Sunni/Shite. The divide between Sunnis and Shite’s began almost immediately following the demise of Prophet Mohammed. The Sunnis suppose that Prophet Mohammed’s son-in-law Hazrat Ali was the final of the truly guided successors (caliphs) to Mohammed. The Sunnis do not acknowledge that there would be successors to Prophet Mohammed. While on the other hand, the Shiites suppose that Hazrat Ali was the only caliph and all upcoming successors ought to originate through his lineage. In the present day, there are central disparities between the two foremost groups in Islam.

Caliphate. A caliphate refers to the traditional Islamic structure of government, controlled by a caliph, who would be either elected or appointed. The caliph is considered to be the political head of all Muslims. The caliphate in addition includes a shura, a body comparable to a parliament. The shura represents the people’s will and may vote for and/or counsel the caliph. Despite the fact that ideally and originally, in the opinion of some, the caliphate is a unique institution that bonds all Muslims under its canon. There have been contemporaneous and even rival caliphates at several times in history. The caliphate as an institution was anticipated to bear the legacy of the authority of Prophet Mohammed. Some politically influential Islamic entities all over history, as well as the Ottoman Empire, are regarded as caliphate incarnations.

Slavery/Serfdom. Originally, serfdom was a European system of labor which prevailed during in the middle ages with rural workers. The laborers were regarded and labeled as serfs. The term originates comes from the Latin phrase, servus, means slave. Serfdom prevailed in history since the 900’s up to the mid 1800’s. Slavery was acceptable, and often necessary in numerous ancient civilizations. The Mesopotamian society provides an example of the prevalence of slavery in the ancient epoch. Ancient Greece extensively utilized the slavery system.

Jihad/Crusades. The 1099 conquest of Jerusalem by the crusaders is regarded by several scholars as the genesis of the millennial conflict between the West and Islam. Some Islamic scholars hold responsible the Crusades for distracting five centuries of serene coexistence elapsed prior to political events as well as an imposing papal power-play resulted in centuries of Holy Wars between Christendom and Islam. This has resulted in a lasting legacy of distrust and misunderstanding. On the other hand, the Crusades started following Islamic Jihad of five centuries that had annihilated and conquered, or forcibly transformed, approximately two thirds of the former Christian world. Following the 638 Islamic defeat of Jerusalem, Christian pilgrims were massacred, harassed, and in the 8th century, sixty Amoriem Christian pilgrims were crucified.

The Bubonic Plague. An outbreak of the lethal Bubonic plague took place in China in early 1330s. The bubonic plague principally affects rodents, although fleas may transmit the infection to human beings. Once humans are infected, the infection spreads very rapidly. China at that time, was one of the world’s busiest trading nations, and consequently, the outbreak of the plague in China was imminent. In 1347, a number of merchant ships from Italy returned from a voyage to the Black Sea, which was a key link in trade with China. As the ships arrived in Sicily, countless of the people on board were dying as a result of plague. Even though there were numerous contending theories regarding the etiology of the Bubonic plague, it has been categorically proven by means of ancient DNA analysis from the plague victims that the pathogen that was responsible is the Yersinia pestis bacterium.

THE MONGOL WAY

The Mongol way of life is fundamentally nomadic and closely associated with the ways of animals. The customs of the Mongols lives on in spite of urbanization. Even in the metropolitan areas, the majority of Mongolians continue live in huge, white felt tents. These tents have a common layout, whereby the door at all times faces southwards. On the reverse wall, there is always the family altar, the holds Buddhist images, suitcases, and family photos. The Mongol epoch in China is memorized primarily for Khubilai Khan’s rule. At this time, the people experienced a golden era in the Yuan dynasty, which was ruled by the Mongols.

World history

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World history

KINSHIP-BASED SOCIETIES

THE MONGOL WAY

Netflix’s Marketing Management Philosophy

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Netflix’s Marketing Management PhilosophyThere are some marketing management philosophies that various businesses adopt which include production, selling, product, marketing and social-marketing concepts. Netflix is one of the most famous entertainment companies in the world believes in customers’ satisfaction as their best marketing strategy. To achieve this, it adopts marketing concept as its prominent marketing management philosophy which best suits in providing consumers’ utility especially by the use of the online platform. With the application of philosophy, Netflix company greatly emphasis on understanding their customer’s requirement and as a result they produce the best products as well as services which at the end enhances their client’s satisfaction. Customers’ satisfaction comes to hand on hand with quality, setting fair prices for their commodities, updating the consumers on the newly available products to keep them in the truck as well as delivering their products in time. Therefore, the business has established a perfect market niche and has also outfitted its competitors. Starting with finding the market, Netflix has focused on the clients’ needs and by the use of integrated marketing means consumer utility is accomplished making the company leap its abundant profits.

Mission statement being an essential directorate to achieving goals of every running business, it has played a vital role in making Netflix firm stand firm in its operations as well as hitting their targeted objective. In this case, the company’s mission is ensuring customer’s satisfaction as it is the best in fitting out the competitors and also getting maximum profit.

Extra-plus Motors mission statement

Extra-plus Motors dealers provide the best and exclusive vehicle trading experience. Good customers’ services act as the focal emphasis on the products and services provided. Get a new automobile-free from air pollutant emissions and also exchange the antique car with the latest vehicle model. The firm adopts friendly and fair payment methods which every client can afford as everyone’s effort is valued. It is made possible through the adoption of hire purchase method where a customer can make a recommendable deposit when purchasing a vehicle and be the set monthly installments within the stipulated period. Transportation facilities are the first stimulators to technological and economic development. Walk with new technology, stay a step ahead of others and be the boss.

CRIMINAL LAW

Criminal Liability is actually what unlocks the logical structure of the Criminal Law. Element of a crime that the prosecutor needs to prove is a principle of criminal liability. There are a number of crimes that involve all the principles of liability; these are called “crimes of criminal conduct”. Homicide, for example, is a crime because all one is needed to prove actus reus, mens rea, causation harm and concurrence. The requirement that the prosecutor must provide evidence in each and every element beyond a reasonable doubt, is referred to “corpus delicti rule”. Burglary, for example, is a crime because all you need to do is prove beyond a reasonable doubt, this is referred to as an actus reus concurring with a mens rea. There are crimes that involve all the principles of criminal liability, which are referred to as true crimes. .Given this scenario, criminal law has been broken. First, Marley and his friend Bob have intention of intruding and stealing from Scrooge. It states under the theft act state a person is guilty of theft of burglary if he or she enters a building or part of a building as a trespasser and intents to commit the offence of burglary. Though Marley is dead, they both broke the law.We could also say they had equipped themselves for stealing. The theft act, states that a person is guilty if he has with him any items for use in the course of the incident or which the items are in connection with any burglary. Given our case, an offence was committed by them.Marley gets to died before all is heard by the police, already a blame game is created by Bob that he was drunk before accompanying Marley to Scrooge house. The question is why he fled from the incident when he got struck on the arm by Scrooge? It is important to understand if Bob is guilty. When Bob was in the incident, he was holding items which he later dropped, if truly he did not know what was happening and was drunk then why did he fled away leaning his friend behind. Bob broke the law because right back his mind he knew what he was doing.Scrooge is under pressure, he has actually caused one’s life. Under the law of homicide, human life is of unique value. While danger to life is an element of most crimes, the law focuses on it directly, by declaring criminal in a range of conduct that actually causes death. Since life is valued highly, such conduct is not allowed more generally than conduct causing other kinds of harm. Given our case, homicide has taken place since the act of killing a human being by another human being has occured.Given that homicide is an issue, the law makes no distinctions among humans as victims. The human life is always a priority thus protected, and none of the criteria is worth by which we may classify persons for other purposes is material. Scrooge has to answer on that given that he used a sword to take one’s life and harm another. The question behind this is, why the sword? Did he intent to harm? Was Scrooge frightened at the time of incident? Had such an incident ever happened before? This entire question will determine whether he broke the law or not.In homicide, if someone acts with no intent to kill or if he or she has the intent but the death occurs, it may likely not be obvious whether his or her conduct or other contributing factor for which someone else is criminally responsible should be regarded as the cause of death. The matter is then left to the trier of fact, who is to decide on the basis of ordinary experience and common sense whether to attribute causal responsibility.For Scrooge case this homicide would have been referred as Justifiable, though there are no fault homicides. It involves the death of someone under a circumstance of necessity or duty for example self defense by scrooge in the time of the incident.Scrooge still has to defend himself on his act. To convict a defendant of crime, the prosecutor must and always provide prove that the defendant is guilty beyond a reasonable doubt. As part of the process, the defendant is given an opportunity to present a defense. For our case, Self-Defense would be. Self-defense is a defense asserted by someone charged with a crime of violence, for example, assault with a deadly weapon, or murder or battery (striking someone). The defendant could admit that he did in fact commit the crime, but claims that it was a result of the other person’s threatening actions. Scrooge would do the same, arguing that there was a presence of a threatening action. In most self-defense cases the core issues are who is the aggressor, was the defendant’s belief that self-defense as necessary a reasonable one, and If so, was the force used by the defendant also reasonable?Self-defense is always rooted in the belief that one should be given an opportunity to protect themselves from physical harm. It means that a person does not have to wait until he is struck to act in self-defense. In law, if a reasonable person in same circumstances would think that he is about to be physically attacked, an individual has the right to strike first and prevent the attack from the other person. However, any act of self-defense one cannot use more force than is reasonable, if one used too much force he may be regarded as guilty of a crime. Scrooge could be referred as guilty under this state, the fact that he used force and by so doing it resulted to Marley death.Bob could also defend himself, stating that he was Under the Influence of alcohol. It is argued that if someone commits a crime under the influence of drugs or alcohol, and him or her mental functioning was impaired, they cannot be held accountable for their actions. However, voluntary intake of drugs or alcohol does not excuse criminal conduct. If the defendant knows (or should know) that drugs and alcohol affect one’s mental functioning, they should be held legally responsible if they commit crimes as a result of the voluntary use.Scrooge would also refer himself under this defense, that at the time of crime he was under the influence of alcohol since he was at home resting or taking a nap. Though his take could have been voluntary, he being at his house and disturbed could not have him guilty. Still Scrooge is not found guilty.In Some states, an exception to this general rule is allowed. If someone is accused of committing a crime that requires some form of specific intent meaning that it was intended with consequences, as well as intending to do the physical act that leads up to consequences, the accused could also argue that he or she was too drunk to have formed intended to commit the crime. This is a partial defense; however, it does not entirely excuse the defendant for his action. For such a situation, the defendant will be convicted of another crime that doesn’t require proving the specific intent. For example, someone accused of assault with the specific intent to kill another but only convicted the assault with a deadly weapon, will not require specific intent.In law, assault theoretically mean different things, it is referred as an act which possibly recklessly or intentionally causes someone to apprehend immediate or unlawful personal violence. Recently there has been modern trend to use the term ‘assault’ in a broad sense to include both battery and assault. Scrooge could be accused in term of assault but could argue on ‘actus reus of assault’, that there was a requirement of immediacy in the crime of assault. It will mean that Scrooge must have perceived some form of threat and as a result there was the need of action, there and then. Most courts have on occasion, given a somewhat liberal interpretation to the concept of immediacy.Conclusion Given this case, Bob is Guilty because he knew what he was doing at the time of the incident. He fled away leaving his friend Marley behind while he dropped the items he was holding.For Scrooge, he is not guilty because he acted according to defend himself using the sword and at the time of the incident he was under threat.

Literature Referencing

Books (and chapters within books)

A book by a single author will be cited like this: MT Molan, Criminal Law:Cases and Materials (3 rd edn Cavendish, London 2005) 29 The author’s initials or first name ( if known ) come before the surname and the title is in italics. The edition, publisher, place of publication, and date, follow in brackets. If the edition of the book you used is later than the first, which is quite likely, you MUST specify this. If you need to give the page numbers for the specific section you consulted, add them last. If the book is a collection of chapters edited by one or more people, use (ed) or (eds) after their name(s). For example:

M Elliott (ed), Beatson, Matthews and Elliott’s Administrative Law :Text and Materials (OUP, Oxford 2005).

The above example also shows that well established books continue to be known by their original titles long after their original authors have died and each new editor must be identified.

For multiple authors, insert ‘and’ between each name for up to three authors. For more than three authors, give the details of the first author, and add ‘and others’, e.g.

Damien Chalmers and others, European Union law : text and materials (CUP, Cambridge 2006 )

Chapters within Books

To identify any particular chapter in a book of edited readings, you must use the word in and put the title of the chapter in single inverted commas. For example:

MA Jones, ‘Breach of Duty’ in A Grubb (ed), Principles of Medical Law (2 nd edn OUP, Oxford 2004)

Criminal Punishment in Criminal Justice

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TOC o “1-3” h z u HYPERLINK l “_Toc55799379” Abstract PAGEREF _Toc55799379 h 3

HYPERLINK l “_Toc55799380” Problem Statement PAGEREF _Toc55799380 h 3

HYPERLINK l “_Toc55799381” Research Objectives PAGEREF _Toc55799381 h 4

HYPERLINK l “_Toc55799382” Literature Review PAGEREF _Toc55799382 h 6

HYPERLINK l “_Toc55799383” Theories of punishment in criminology PAGEREF _Toc55799383 h 7

HYPERLINK l “_Toc55799384” Deterrent Theory PAGEREF _Toc55799384 h 9

HYPERLINK l “_Toc55799385” Retributive Theory PAGEREF _Toc55799385 h 10

HYPERLINK l “_Toc55799386” Preventive Theory PAGEREF _Toc55799386 h 11

HYPERLINK l “_Toc55799387” Methodology PAGEREF _Toc55799387 h 12

HYPERLINK l “_Toc55799388” Data Collection Methods PAGEREF _Toc55799388 h 12

HYPERLINK l “_Toc55799389” Findings PAGEREF _Toc55799389 h 13

AbstractCrime occurrence, detention, and prevention is a dynamic aspect of keeping law and order guided by different criminology theories. To derive the right meaning in criminology and crime prevention, it is good to look at the nature and forms of crime. Different theories of criminology have shed light to the value and nature of crime and the dynamics of trying to prevent its occurrence. The first step into understanding the nature and diversity of crime in order to prevent is to analyze the motives. Secondly, the punishment models chosen need to be strong enough not only to deter crime but also to increase leverage on the behavior reform for the convicted. There are different theories of punishment and crime prevention and deterrent avenues that fully address the field of crime prevention. The key theories show that in order to build a lasting crime deterrent model, the punishment has to be derived within the criminal justice policies.

Problem StatementCrime prevention is one of the basic roles of law enforcers and the authority. However, the whole affair of identifying offenders and the motives to crime in a bid to apply the right punishment is tedious and lengthy (Carrington et al., 2016). The different theories in criminal justice that are applied to help understand crime occurrence and deterrent have shown that the key to countering crime lies in applying the right punishment. Due to the evolving nature of crime and its dynamics, there have been quite a remarkable change in the nature of punishment applied. The need to have a robust crime deterrent system has led to the revision of the punishment modules used in criminal justice (Campesi, 2015). The theories point to a very interesting dynamic that show that to deter crime, it is wise to understand its cause, motive, and nature so that the right punishment can be applied.

Still, the need to have the right approach to crime prevention has added value to how the punishment is administered in a bid to discourage crime. More often are the cases where the nature of crime and the increased aspects of offence within a specific area goes unnoticed and thus the applied punishment does fails to fully deter crime (Campesi, 2015). Over the years, the need to have robust punishment methods that will fully deter crime have increased as the nature and type of crime accelerates. Today, the age of internet and global mobility has led to the thriving of the crime gangs like in drugs and human trafficking. Consequently, the need to have the right avenues to crime prevention has to lie within the development of appropriate punishment models and systems (Sandberg et al., 2017). Unfortunately, some punishment models have bene overtaken by time and have already proven ineffective in deterring crime. To create the right approach to crime prevention has to begin with the creation of a reliable and effective punishment system.

Research ObjectivesTo investigate how the application of punishment in criminal justice helps counter crime

To assess the different punishment models used and their respective impact in deterring crime

To establish the different theories of criminal justice that touch on punishment in relation to crime deterrence within a specific field

To investigate how punishment in criminology has addressed the need for a diverse and creative module that can discourage crime

To compare different criminology theories in respect to punishment as an avenue of discouraging offenders from committing crime

Crime prevention in criminal justice takes many forms and looks at the nature, intensity, and dynamics of crime. The various theories that address crime have diverse and inclusive views that tends to break down crime occurrence and diversity (Durrant & Ward, 2015). To go further, the occurrence of crime in many areas tends to show similar pattern that makes it easy to trace and track. More often are the cases where crime occurrence goes unnoticed until it grows to levels that makes it hard to control. The association between crime and unemployment has for many decades been a key parameter when analyzing crime (Shammas, 2018). For example, many youths in the suburbs and the urban areas choose to engage in crime to meet their basic needs.

The issue tends to grow even wider when the level of unemployment is high that translates to rise in crime as a source of livelihood. The issue of drugs has also bene a major factor when looking at crime mainly among the youths (Durrant & Ward, 2015). School dropouts and the lack of strong social and economic structures also creates the right environment for crime to thrive. Therefore, crime prevention and analysis in criminal justice takes many forms and diversity that requires looking at its nature and intensity. Criminal punishment in criminal justice has many outcomes depending on how it is done and the intended results. For example, people who commit grave crimes like murder often face intense punishment like life sentences or even death penalties. The form of punishment has to match the nature and intensity of crime committed (Sandberg et al., 2017). One of the drawbacks of such a system is that it may deny the criminal the right to present his or her case.

Crime occurrence and prevention has its own approach that requires the law enforcers to look into its dynamics. To add on this, crime occurrence can have diverse notions that look at how the various models lead to crime analysis. Over the years the area of crime detection, prevention and even punishment of those who engage in crime has taken many paths. The various theories developed to look at crime occurrence have a very unique form that assesses the way criminal think before they conduct a crime. This pattern of crime analysis goes far beyond the normal as it looks at what form of punishment can be applied to match the specific crime.

More often are the cases where the criminals choose to engage in crime out of fantasy and this makes the punishment applied respond to the issue at hand (Shammas, 2018). For example, mostly young criminals engage in crime out of peer pressure that makes them unaware of the repercussions. The issue also complicates the nature and diversity of punishment applied. Considering that criminal justice is a broad field, the application of punishment needs to be look at in the nature of crime, its intensity, and the intended outcomes (Sandberg et al., 2017). One thing that remains true is that every crime has its consequences where it can affect the victim or even those around indirectly. In spite of the efforts put to address common crime patterns, the models used to induce punishment should look at how and where the

Literature ReviewCriminal justice is a broad aspect of law and order as well the underlying facets to law and crime prevention. To broaden this, the occurrence of crime, prevention, and punishment are all compounds that make up the whole area of criminal justice. To ensure that the area of crime occurrence and punishment is well understood, it is good to look at different theories in crime analysis and detection (Shammas, 2018). One thing to note is that to fully address crime in the society, the key is to assess how it occurs, the underlying factors in modeling its patters, and laying down the right models to counter its spread. Punishment in criminal justice comes in many forms and models that are generated to match and deter criminals from repeating the same offence. For example, the occurrence of crime is always associated with the need to satisfy and urge or a need. For example, the most common serious crimes like robbery, murder, or drugs often come with an inner motivation to satisfy a need. The best to respond to such crimes is to form a punishment model that does not only respond to the physical aspect of crime deterrence but also ensures behavior correction (Shammas, 2018).

Theories of punishment in criminologyTheories of punishment can be divided into two general philosophies: utilitarian and retributive. The utilitarian theory of punishment seeks to punish offenders to discourage, or “deter,” future wrongdoing. The retributive theory seeks to punish offenders because they deserve to be punished. The sole purpose of punishment is to deter or discourage an individual from committing and offence or crime (Sandberg et al., 2017). Over the years, the nature and type of punishment has changed with the criminal justice taking diverse forms to ensure that crime is properly addressed.

The theories of crime and punishment are centered around the value of making sure that the criminal understand that crime has consequences with the best option being staying away from crime (Carrington et al., 2016). It is true that not all forms of punishment are effective particularly when looking at the nature and intensity of crime. To add on this, the punishment applied ought to look at the underlying forms of offences and what type of punishment can match that crime. It is therefore good to look at how and what forms of punishment methods need to be applied as guided by the various punishment theories in criminal justice (Shammas, 2018).

The terms punishment criminology is very diverse and looks at a wide array of crime occurrence and prevention methods that can match that offence. To add on this, the diversity ibn crime prevention and punishment tends to align with the respective form of offences done and the intended result in the punishment (Newburn, 2016). This implies that for every form of crime, a respective form and intensity of punishment needs to be applied to ensure that the individual and others are discouraged from committing the offence in the future. One of the punishment theories addresses the norm and the nature of crime and how the applied deterrence methods effectively discourage crime. The key idea in this theory is that the crime patterns can tell the right avenues of punishment to apply to effectively discourage the offenders (Shammas, 2018). Based on the underlying nature of crime and the forms of punishment applied, the need to deter crime is always the priority in this affair.

Deterrent TheoryThe retributive theory assumes that the punishment is given only for the sake of it. Thus, it suggests that evil should be returned for evil without taking into consideration any consequences. There are two theories in which this theory can be divided further. They are specific deterrence and general deterrence. In specific deterrence, punishment is designed such that it can educate the criminals. Thus, this can reform the criminals that are subjected to this theory. Also, it is maintained that the punishment reforms the criminals (Sandberg et al., 2017). This is done by creating a fear that the punishment will be repeated.

However, the criminology punishment theories do not always pinpoint the avenues to look for when applying the right steps. The issue here is that crime can evolve over time and thus the deterrence methods have also to be changed (Carrington et al., 2016). The changes and diversity in crime thus makes the application of a respective punishment method vary even in one form of offence. To add on this, the criminology punishment theories in criminal justice tend to vary and it is always vital to address what and how the crime needs to be addressed. people tend to agree with the theory of punishment that is most likely to generate the outcome they believe is the correct one. This system of beliefs about the purposes of punishment often spills over into the political arena. Politics and correctional policy are intricately related (Shammas, 2018). The key to addressing crime in all its nature is to look at what and how the patterns of offence in any form varies from one area to another.

Retributive TheoryRetribution is the most ancient justification for punishment. This theory insists that a person deserves punishment as he has done a wrongful deed. Also, this theory signifies that no person shall be arrested unless that person has broken the law (Eck et al., 2015). Criminal punishment in criminal justice has many outcomes depending on how it is done and the intended results. For example, people who commit grave crimes like murder often face intense punishment like life sentences or even death penalties. The form of punishment has to match the nature and intensity of crime committed (Newburn, 2016). One of the drawbacks of such a system is that it may deny the criminal the right to present his or her case. Crime occurrence and prevention has its own approach that requires the law enforcers to look into its dynamics. Here are the conditions where a person is considered as an offender are:

The penalty given will be equivalent to the grievance caused by the person.

Performed a crime of certain culpability.

That similar persons have been imposed for similar offenses.

That the action performed was by him and he was only responsible for it. Also, he had full knowledge of the penalty system and possible consequences.

The theory is based on the fact that an offender deserves to pay for his or her sins or crime. Perhaps the key to understanding the need and nature of pp is to look at both the cause and motive for a crime. The retributive theory underscores that a punishment for a crime should always be directed to creating reform or changing the individual to a positive direction (Carrington et al., 2016). For example, punishing a robber is mean to aggressively discourage the criminal from robbing in the future. For this reason, the retributive theory as a major element of defining punishment is detailed within the idea of creating a base for future crime prevention by discouraging the potential criminals. This demands that all forms of crime need to be addressed within the derived intensity by first of the offence so as to ensure that the punishment applied matches the offence (Durrant et al., 2015). Still, the theory underlines that the need for punishment is not mainly hinged on making the person regret the crime but to act as a reminder that doing so in the future can bring danger. By so doing the crime prevention by inducing punishment under the retributive theory is based on aggressive models that analyze the offence and offer an equal form of punishment.

Preventive TheoryThis theory has used a restraint that an offender if repeats the criminal act is culpable for death, exile or imprisonment. The theory gets its importance from the notion that society must be protected from criminals. Thus, the punishment here is for solidarity and defense (Durrant et al., 2015). The modern criminologists saw the preventive theory from a different view. They first realized that the social and economic forces should be removed from society. Also, one must pay attention to individuals who show anti-social behavior. This is because of psychological and biological handicaps (Sandberg et al., 2017). Therefore, crime prevention and analysis in criminal justice takes many forms and diversity that requires looking at its nature and intensity.

Criminal punishment in criminal justice has many outcomes depending on how it is done and the intended results. For example, people who commit grave crimes like murder often face intense punishment like life sentences or even death penalties. The form of punishment has to match the nature and intensity of crime committed. One of the drawbacks of such a system is that it may deny the criminal the right to present his or her case (Carrington et al., 2016). Crime occurrence and prevention has its own approach that requires the law enforcers to look into its dynamics.

MethodologyData Collection MethodsThe research will be based on gathering data on a very broad topic and thus the information will be searched from existing database and online journals. To ensure that the information is credible and reliable, the study will use existing data from online sources that address the topic being investigated. One of the main reasons for using online sources is to increase the accuracy of the data. Peer reviews literature and data can help generate accurate data that is essential when dealing with a sensitive topic. The first step will be to go for online journals that deal with criminology topics that will help generate the required information. Once the right journals are found, the information will be retrieved based on its relevance, accuracy, and reliability.

The second set of data will be gathered by conducting online search from websites and articles. The use of government websites and data from police will be an essential gateway in ensuring that the study is detailed and credible. Still, the study will also be hinged on deriving credible data that will be based on existing records from the law enforcers. This set of data will be reliable in creating the right output for analysis and findings generation. The sue of online method of data collection helps capitalize on accuracy and validity of the data. To create the right settings for the needed data can derive the right avenues for a tangible and reliable conclusions and findings. The research will therefore use online channels to generate data and thus build a tangible outlook of the topic.

FindingsThe research makes firm and detailed findings based on the literature review and journals studied. The key findings are based on a theoretical information gathered on the topic that adds to the existing literature. Different theories of criminology have shed light to the value and nature of crime and the dynamics of trying to prevent its occurrence. The need to have a robust crime deterrent system has led to the revision of the punishment modules used in criminal justice. The theories point to a very interesting dynamic that show that to deter crime, it is wise to understand its cause, motive, and nature so that the right punishment can be applied. Crime occurrence and prevention has its own approach that requires the law enforcers to look into its dynamics. To add on this, crime occurrence can have diverse notions that look at how the various models lead to crime analysis. Over the years the area of crime detection, prevention and even punishment of those who engage in crime has taken many paths (Carrington et al., 2016).

Punishment in criminal justice comes in many forms and models that are generated to match and deter criminals from repeating the same offence. For example, the occurrence of crime is always associated with the need to satisfy and urge or a need. For example, the most common serious crimes like robbery, murder, or drugs often come with an inner motivation to satisfy a need. The theories of crime and punishment are centered around the value of making sure that the criminal understand that crime has consequences with the best option being staying away from crime (Eck et al., 2015). It is true that not all forms of punishment are effective particularly when looking at the nature and intensity of crime.

This implies that for every form of crime, a respective form and intensity of punishment needs to be applied to ensure that the individual and others are discouraged from committing the offence in the future (Durrant et al., 2015). One of the punishment theories addresses the norms and the nature of crime and how the applied deterrence methods effectively discourage crime.

The key idea in this theory is that the crime patterns can tell the right avenues of punishment to apply to effectively discourage the offenders. The first step into understanding the nature and diversity of crime in order to prevent is to analyze the motives. It is clear that one of the defining values in crime deterrence is to have an equal or robust punishment models that will help discourage criminals from committing offences.

References

Campesi, G. (2015). Neoliberal and Neoconservative Discourses on Crime and Punishment. Sortuz: Oñati Journal of Emergent Socio-Legal Studies, 3(1), 33-52.

Carrington, K., Hogg, R., & Sozzo, M. (2016). Southern criminology. The British Journal of Criminology, 56(1), 1-20.

Crawford, A., & Evans, K. (2017). Crime prevention and community safety.

Durrant, R., & Ward, T. (2015). Evolutionary criminology: Towards a comprehensive explanation of crime. Academic Press.

Eck, J., & Weisburd, D. L. (2015). Crime places in crime theory. Crime and place: Crime prevention studies, 4.

Newburn, T. (2016). Social disadvantage: Crime and punishment. Social advantage and disadvantage, 322-40.

Sandberg, S., & Ugelvik, T. (2017). Why do offenders tape their crimes? Crime and punishment in the age of the selfie. British Journal of Criminology, 57(5), 1023-1040.

Shammas, V. L. (2018). Bourdieu’s five lessons for criminology. Law and Critique, 29(2), 201-219.

Should NBA Players Need to go to college

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Should NBA Players Need to go to college

Introduction

College education in the United States despite it being expensive remains to be the best globally considering the number of students that go abroad for the studies and vice-versa. Every young people below 18years is required to attend school and later college level that few used it to transit to the University level and much more. While they are few people who are against people joining college because of the money required and that it leads to one being immersed in more debts that they pay in the future for a long time it has been believed that it is the reason of the decreased unemployment rate in the United States(Evans) . Joining the NBA is usually a guarantee that one’s life is on the right track as long as one has the skills to play basketball and have the required height. The discussion below will shed right on whether college education should be needed for one to join the NBA while also looking at the various stakeholder’s perspectives.

Original NBA Age Requirement

The first requirement of people enrolling in the NBA was in 1969 and it stated that anyone who had not completed high school education or one that had completed and not joined college yet was nor eligible for joining unless four years after he has graduated or his class has graduated. After this law was challenged by a prospective NBA player Spencer Haywood and Sam Schulman the Seattle Supersonics owner and according to Judge warren this was against the antitrust law hence he struck it done and stated that in the event one was experiencing financial hardships he could join early (A. Wacker, and Edelman). However, in 1976, the education requirements were removed completely and this led to the recruitment of a few players who had left college early. In 1975 some high school seniors were recruited for the NBA and this played a big part in the seven percent high school elections made by 2001; Kobe Bryant was among the few. In addition, LeBron James who has been rising since he joined the leagues was also selected with the first overall pick in 2003 and a year later Dwight Howard was selected. While the NBA owners had declared that entering the leagues right from high school was a personal choice, they later changed their mind in 2005 when Commissioner Stern stated that the college basketball experience helped the players to be more prepared for the court. This belief led to the adoption of the current college requirement that states that one is eligible to join only if he is no less than 19 years of age and has at least one year since their high school graduation. The requirement since its enacted has seen various players who have joined after being engaged in the same game at the college level (A. Wacker, and Edelman).

Perspectives on College requirements

They have been various people with varying opinions on whether the requirement that one has to join the NBA after one year is beneficial. According to Emmert who claims he is up to making changes in the college sports he states that the stay of the students in the colleges should be increased to 2 years since they have joined the colleges as students and not athletes. Various people have criticized him claiming that he lacks interest in what the students are going to study but the money they make for the colleges they have enrolled. In addition, some people believe that they are people like Kobe and LeBron who are pros and should just join immediately after high school to stop wasting time but others whose talents are not yet developed should join the college to perfect their skills more; some people disagree (Hatfield). They also claim that whichever player is recruited that the fact they are joining NBA despite how good they are they will all require adjustments and adaptability hence there is no need of them wasting time in colleges but used the time to fir in the NBA’s (Andras). Also, some people believe that in college there are very many time constraints since there is the allowed time in the gym and the other classes that people are involved in hence this time wasted can be used to perfect one’s skills and the fact that one gets to practice with pros is more beneficial. We all join college education to have a better future through the money that will earn id one has the opportunity to make ends meet through bypassing college education it is not only right but beneficial since they get to achieve their dreams sooner (Hill, and Jolly).

Unfortunately, some scholars believe that shifting directly to the NBA’s personality and self-esteem can be affected because the players picked were in most cases dominating in their previous leagues but in the big leagues they are the worse if not worst. While some may refer to this as a weakness it is believed that the few who are picked have always worked hard to join these leagues hence they know what to expect (DiMauro). Moreover, they are some downside too where one may lose his college chance if he ends up not making the roster for NBA after trying out, the disappointments can be frustrating and may lead to a promising student who could have excelled in other diverse fields not succeeding (Andras). In addition, some people believe that students should stay in college longer since basketball career may not last forever, this is because there are accidents that can render your skills despite how good they are useless. While people agree that the advancements in technology and the therapy equipment are in place can in a way ensure this the risks are too high. Also, a college education is better according to a few hence the stay in college should be extended from the current one year.

NBA Stakeholders

They are various stakeholders of the league that support it and can be credited with the high performance for the players, they are the owners, athletes, sponsors, fans and the team staff. To begin with the owners, they believe that the rule that requires one to attend only one year in college should be removed, this is to increase the quality of the league games since with more practice the players will be better and this will not only attract more fans but also consumer dollars which will benefit the business perspectives of the league (Parlow). Secondly, according to the athletes, the increased education limit will hurt them and not in any way perfect their schools, first, the earning while in college goes to the school which despite offering them scholarships it still gains a lot (Berry). Also, the longer one stays in college means that they will be recruited later which is usually the same if one scores less, this effect was clear when Cauley-Stein who was a pro decreased his scores. Thirdly, for the fans, there is a high probability of the fan base being more this is because the players will garner a huge following as they are playing while in college hence when they join the big leagues the number will increase and so will be the business sides of the league. In addition, regarding the staff the older a player is the more responsible and disciplined, there is hence the extra age that will be added will make their work easier and translate to ensuring that the perform their work more efficiently increasing their productivity (Turner, and Karl Hakes). Lastly, the sponsors support the teams that are bound to benefit them more hence the players when the time they will stay in college is increased means as individuals they will glow and their productivity will increase hence they will attract more consumers’ interest which benefits the sponsors in terms of revenue (Berri).

Conclusion

A college education has both benefits and disadvantages to all parties involved and while going to the big leagues ensures that the student achieves their dreams earlier the more they stay in college the better they will be when they join the big leagues. Some scholars believe that to ensure that the students will succeed in other areas if they were not built for the NBA’s they should be allowed to hold their college eligibility. While this sounds like a very good deal and a win-win for everyone we have not yet seen it in action but there is still time (Andras). While the people aligning with the increases stay in the college are high that those supporting otherwise it is evident that they are success stories of people who joined after high school and their productivity has been nothing but excellent, for example, LeBron and Kobe. Finally, basketball as we know it is not only a prestigious game but not like golf but it has attracted a very high number of followers and who the more they are the high the revenue for the owners and more fun for their supporters.

Works Cited

Andras, Simon. “Should Basketball Players Be Required To Go To College?”. Secsportsfan.Com, http://www.secsportsfan.com/should-basketball-players-be-required-to-go-to-college.html. Accessed 8 Mar 2020.

A. Wacker, Joseph, and Marc Edelman. Collectively Bargained Age/Education Requirements: A Source Of Antitrust Risk For Sports Club-Owners Or Labor Risk For Players Unions?. 2010, pp. 354-376, http://www.pennstatelawreview.org/115/2/115%20Penn%20St.%20L.%20Rev.%202.341.pdf. Accessed 8 Mar 2020.

Berri, David. “How The NBA’s Age Limit Helps Colleges But Hurts Players”. Time, 2014, https://time.com/3649028/nba-draft-age-limit-kentucky-wildcats-one-and-done/. Accessed 8 Mar 2020.

Berry, Dennis. “NBA Should Raise Player Age Limit”. Thebestsportsblog.Com, 2016, http://www.thebestsportsblog.com/nba-should-raise-player-age-limit.html. Accessed 8 Mar 2020.

DiMauro, Koelbe. “Should NBA Players Have To Go To College”. Basketballin23, https://basketballin23.wordpress.com/2015/03/01/should-nba-players-have-to-go-to-college/. Accessed 8 Mar 2020.

Evans, Brent A. “From College To The NBA: What Determines A Player’S Success And What Characteristics Are NBA Franchises Overlooking?”. Applied Economics Letters, vol 25, no. 5, 2017, pp. 300-304. Informa UK Limited, doi:10.1080/13504851.2017.1319551. Accessed 8 Mar 2020.

Hatfield, Luke. “College Basketball Players Should Stay In School”. Hawk Eye, 2014, https://bphawkeye.org/sports/2014/01/02/college-basketball-players-should-stay-in-school/. Accessed 8 Mar 2020.

HILL, JAMES R., and NICHOLAS A. JOLLY. “Salary Distribution And Collective Bargaining Agreements: A Case Study Of The NBA”. Industrial Relations: A Journal Of Economy And Society, vol 51, no. 2, 2012, pp. 342-363. Wiley, doi:10.1111/j.1468-232x.2012.00680.x. Accessed 8 Mar 2020.

Parlow, Matthew J. Professional Sports League Commissioners’ Authority And Collective Bargaining. Heinonline, 2010, pp. 4-25, https://scholarship.law.marquette.edu/cgi/viewcontent.cgi?referer=https://scholar.google.com/scholar?hl=en&as_sdt=0,5&qsp=6&q=nba+players+%22collective+bargaining+agreements%22&qst=bh&httpsredir=1&article=1587&context=facpub. Accessed 8 Mar 2020.

Turner, Chad, and Jahn Karl Hakes. The Collective Bargaining Effects Of NBA Player Productivity Dynamics. 2007, pp. 4-30, https://mpra.ub.uni-muenchen.de/5058/1/MPRA_paper_5058.pdf. Accessed 8 Mar 2020.

Criminal Rights in the Bill of Rights

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Criminal Rights in the Bill of Rights

Primarily, the criminal justice system is responsible for enforcing law and order and ensuring that every citizen is protected against harm. To achieve this, the government has granted it certain powers that enable them to enforce the relative laws. However, the constitution has also provided the accused with certain rights. This was essentially influenced by the need to create a balance between order and power. Thus as much as offenders break the law, they have a right to undergo a distinct procedure and fair treatment when determining whether they are guilty or not. This paper reviews the protections provided for in the Bill of Rights to individuals in the criminal arena. To enhance a harmonic consideration, it begins by underscoring the historical underpinning and then delves in discussing the respective rights. To accredit the study, it highlights relative important supreme cases and finally provides an informed opinion with respect to whether the criminal rights are too many, enough or balanced.

In his review, Levy asserts that the constitutional provisions of the rights of the criminals originated from the historic English documents that address the aspects of liberty. These constitute the Petition of Right of 1628, English Bill of Rights of 1689, and the 1215’s Magna Carta. Basically, the documents sought to limit the government’s application of the law and were even respected by the King. A classic illustration in this regard pertains to the Magna Carta section 39 that stipulated that any free man could not be imprisoned without having been judged by the law. The respective ideas are posited to have been introduced in America during the 1600s. The colonists expanded the provisions of the historic documents and integrated these in the 1641’s Massachusetts Body of Liberties. By independence, respective provisions were ingrained in the constituent and were widely accepted as being legal. The framers of the US constituted included these provisions in the final document that was based on the initial thirteen constitutions.

The fourth amendment seeks to protect the accused persons against unreasonable as well as unwarranted searches and property seizures. The amendment clearly lays down the conditions that require the government officials to acquire search or arrest warrants prior to executing the given activity. The underlying aim for this is to protect the right of the respective individual to security of their houses, effects, papers and persons related to them. The issuance of the arrest or search warrant on the other hand needs to be guided by a probable cause. Further, details regarding the place of search, the individual to be searched and the objects to be sought need to be provided with utmost precision. The search under this amendment needs to be carried out in cases where the individual expects privacy or the society affirms that the expectation of privacy under such circumstances is reasonable as provided for in Katz v. United States, 389 U.S. 387 (1967).

The Fifth Amendment provides specific legal procedures that need to be followed during such instances. In particular, it stipulates that the government is not allowed to hold any individual answerable for a serious offense in the absence of appropriate evidence that implies that the person is guilty. Further, an individual is not supposed to be tried more than twice on a given crime. The amendment also stipulates that an individual should not be forced to witness against him or herself in any criminal case. Finally, it provides that the government should not deprive an individual of property, life or liberty without following the proper and fair legal procedures. These were well exemplified in Malloy v. Hogan (1964) in which defendants in courts were liable to being protected against self incrimination.

The Sixth Amendment also guarantees the individuals that are accused or suspected of crime against the government powers in different ways. To begin with, Bodenhamer cites that accused persons need to undergo a speedy public trial that needs to be undertaken before a non biased jury of the community or state in which the given crime was committed. Then, there needs to be sufficient information detailing the crime and reasons for the accusation. The government also needs to provide the accused with help from a professional lawyer and allow the former to meet the witnesses that are expected to testify against the individual. Finally, this amendment gives the individual a right to be accorded means of getting favorable witnesses. This was emphasized by the Washington v Texas (1967) case that provided that defendants have a right to a subpoena witness who would testify in their favor. In addition the Duncan v Louisiana (1968) case indicates that the person accused a crime has a right to be tried by a jury. Also, in the Klopfer v North Carolina (1967), it was reiterated that the accused have a right to be accorded a speedy trial.

The eighth amendment then protects the accused individuals from punishments that are overly harsh. In this regard, Ducat and Chase explain that this is all inclusive and comprises of excessive fines as well as bails. This was apparent in the Robinson v. California (1962) case in which state governments were prevented form using unusual or cries punishments. Also, in the Murphy v Hunt, 455 US 478 (1982), it was found out by the court that the accused had been unconstitutionally denied bail. Equally important is the fourteenth amendment that details general provisions regarding the rights of the individual against the government and state powers. In this respect, state governments are forbidden from formulating ad enforcing laws that are likely to deprive the accused of the right to property, liberty or life without following lawful procedures. In addition, state governments are compelled by the law to accord its citizens equal protection that is provided by the law.

The implementation of the preceding laws has raised various controversies since their enforcement. The issue pertaining to a probability of having given the criminals too many rights is particularly contentious. From a personal point of view, I agree that as much as the criminal might be guilty, s/he deserves a right to be treated fairly. This is so because of the surrounding uncertainties with respect to whether the former is guilty or not. When this is determined and affirmed, subsequent laws need to be more stringent in order to enforce justice. Also worth mentioning is the need for the criminal to be given a punishment that is reflective of the degree of the crime committed. Presently, the laws related to imprisonment are very lenient and can be implicated for a rise in incidences of repeat crime. These need be amended in order to protect the wellbeing of the victims too.

Bibliography

Bodenhamer, David. Fair Trial: Rights of the Accused in American History. New York Oxford University Press, 1992.

Ducat, Craig and Chase, Harold. Constitutional Interpretation. USA: West Publishing Company, 1992.

Levy, Leonard. Seasoned Judgments: The American Constitution, Rights and History. USA: Transaction Publishers, 1995.

Criminological Theories and Practice

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Criminological Theories and Practice

Theory is an important aspect of any profession as it serves to guide practice, more so if the practice is to be evidence based. The existence of theories therefore acts as theoretical frameworks upon which practice is based. Criminal justice is no different, as knowledge of the various theories not only helps in guiding professionals in their approaches to cases, but it also helps in the formulation of policies. Policies such as diversion programs, graffiti reduction programs, the three strike laws as well as the stiffer penalties such as the death penalty have all in one way or another been inspired by criminological theories of crime causation.

One means of sentencing that can be said to have been influenced by theory is the diversion program; a form of sentencing aimed at ensuring the offender does not get a criminal record. In this case, the offender is usually forced to meet certain requirements such as provision of community service, restitution, education in order to avoid future offenses as well as avoidance of situations that may result in another similar offence. The first theory that clearly influences the formulation of this approach to sentencing is the labeling theory. The labeling theory avers that the labeling of an individual as deviant usually results in lower self esteem, self rejection and consequently further engagement in deviant behavior. Further, it posits that once labeled gaining acceptance back into society may prove a problem, as majority of those who accept the labeling of others also have a hard time changing their opinions of them, even in cases where evidence has been presented to suggest otherwise. The newly formed status of “criminal” dictates how an individual is identified in the public, and may push the individual into forfeiting any further attempts they may have wanted to have towards conforming. (Macionis & Gerber, 2010). These programs, by ensuring that the individual does not get labeled as a criminal attempt to avoid the effect that labeling would otherwise have on the individual and push him/her towards engaging in repeat offenses. This principle also applies when it comes to the expunging of records, as by doing away with the criminal label, the individuals are not defined by their previous mistakes and are therefore able to avoid engaging in further criminal behavior due to the burden that the “criminal” label would otherwise have given them. Indeed findings by Bernburg, Krohn and Rivera (2006) in a study on adolescents to establish whether or not the labeling theory can be used to explain crime, find that adolescents who had been involved in the juvenile justice system were prone to engage in further delinquent behavior by associating with other delinquent peers or even joining groups of other delinquents such as gangs. This therefore means that diversion programs do help, as they ensure the individual avoids being sentenced and therefore avoids what would otherwise be a criminal label and the subsequent stigma suffered could drive them into associating with fellow delinquents, leading to further crime if looked at from the differential association theory.

The police athletics league, at times referred to as the police activities league, refers to the program through which members of the police force actually act as mentors and coaches for young people, in sporting activities, homework or other activities. The programs are mainly aimed at building character, keeping the youths off drugs as well as strengthening the bond between the community and the police department. This approach towards eliminating crime can be claimed to be linked to follow the concepts of the social control theory, more so when it comes to instilling self control thus achieving internal control. Another way, through which control is achieved by this program, is indirectly through the police officers who act as figures the children can identify with thus influencing behavior positively. By building close relationships with the children they mentor, the police officers are able to exert indirect control, as the children would be afraid of disappointing them by engaging in delinquent behavior (Hirschi, 2002). This approach is also based on the social disorganization theory, which argues that crime can be related to the breakdown of social institutions as well as communal relationships. As such the approach attempts to foster a sense of community, strengthening the communal relationships and creating a sense of organization within larger groups which according to the social disorganization theory, does deter crime (Bursik, 1988). The same issue of creating communal relationships as well as strengthening social institutions applies when it comes to the midnight basketball leagues, which were intended to foster good community relationships. Based on the findings by Sampson and Groves (1989) as well as the findings of Bursik and Grasmick (1993) that the community structure in terms of race, socioeconomic status, residential mobility as well as family disruptions indeed affect the crime rates due to the sparse nature of friendship networks, unsupervised youth groups as well as low organizational participation, programs such as the police activities leagues and midnight basketball leagues do affect these variables and are bound to reduce the crime rates according to the social disorganization theory (Kubrin & Weitzer, 2003).

The differential association theory could also be said to have played a very important role in the development of the “Weed and Seed” program, as it identifies the potential influence the company one keeps has on their behavior or their affinity to engage in criminal activities. The differential association theory posits that through interacting with criminals, individuals are able to learn new attitudes, values, motives and techniques for committing crimes (Sutherland, 1947). As such, it therefore seems prudent to try and separate the criminal elements from the rest of society in order to ensure that they do not influence the rest of society. This is essentially the main principle behind the weed and seed program, which attempts to weed out violent elements within various target areas through the help of members of the community, thus reducing drug trafficking, gang activity and violent crimes amongst other criminal activities. The program itself integrates community policing, law enforcement and prevention measures in order to reduce crime. By weeding out the rogue elements, the police department ensures that crime coming about as a learned behavior is at its minimum, as any relationships or associations these criminals might have with others are cut short. In addition, Matsueda (2000) further posits that according to the differential association theory of social organization, the crime rates within communities or groups are essentially affected by how the group itself is organized to fight crime compared to how it is organized in favor of crime commitment. The seed aspect of the program therefore attempts to ensure that the community’s organization against crime outweighs its organization in favor of crime, a clear application of concepts from the differential association theory. The findings of Kissner and Pyrooz (2009) on the influence of familial gang involvement on subsequent gang membership, serve to highlight the influence close relationships do have on the potential learning and subsequent engagement in criminal behavior, therefore justifying the need to “weed” out criminal elements in an attempt to prevent those around them from being influenced into engaging in delinquent behavior.

Stiff penalties such as the death penalty and the three strikes rule are founded on the classical school of criminology which essentially believes that punishment is actually a deterrent if it is proportional to the crime (Landau, 2002). Another theory which could also be used to explain the application of stiffer penalties is the social control theory. The theory argues that punishment or rewards can actually be used to bring about direct control over an individual or their criminal activities and ensure compliance. Aspects of the differential association theory could also be argued to influence the application of stiffer penalties, more so the three strikes rule, as it would ensure that the favorable definitions for breaking the law do not outweigh the unfavorable definitions, thus discouraging repeat offenders from engaging in criminal activities.

Overall, it is quite clear that theories and research inform the development of policies and programs used in the criminal justice department and as such cannot be ignored. They not only provide a theoretical framework for practice but actually lead to the adoption of evidence based practices, making the criminal justice department more effective when it comes to combating crime.

References

Bursik, R. (1988). Social Disorganization and Theories of Crime and Delinquency. Criminology26.

Bursik, R., & Grasmick, H. (1993). Neighborhoods and Crime: The Dimensions Of EffectiveCommunity Control. New York: Lexington Books.

Bernburg, G., Krohn, M., & Rivera, C. (2006). Official Labeling, Criminal Embeddedness,and Subsequent Delinquency. Journal of Research in Crime and Delinquency43(1), 67-88.

Hirschi, T. (2002). Causes of delinquency. New Jersey: Transaction Publishers.

Kissner, J., & Pyrooz, D. (2009). Self-control, differential association, and gang membership: Atheoretical and empirical extension of the literature. Journal of Criminal Justice 37, 478487.

Kubrin, C., & Weitzer, R. (2003). New Directions in Social Disorganization Theory. Journal ofResearch in Crime & Delinquency 40, 374-402.

Landau, Norma (2002). Law, Crime, and English Society, 1660-1830. Cambridge UniversityPress. p. 118.

Macionis, J., & Gerber, L. (2010). Sociology. Canada: Pearson Education.

Matsueda, R. (2000). Differential Association Theory. Retrieved from HYPERLINK “http://www.soc.washington.edu/users/matsueda/DA.pdf” http://www.soc.washington.edu/users/matsueda/DA.pdf

Sampson, R. & Groves, W. (1989). “Community Structure and Crime: Testing SocialDisorganization Theory. American Journal of Sociology 94, 774-802.

Sutherland, E. (1947). Principles of Criminology. Philadelphia: J. B. Lippincott

The Business Community Promotional Plan

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The Business Community Promotional Plan

In line with the California Business Education Association’s mission of fostering excellence in business disciplines, this promotional plan has been designed for the Business Community within the state. The promotion will therefore target all the business set-ups within the stated area and will mostly rely on the available associations and alliances existing for effectiveness.

Plan Objectives

To reach to the extensive business community within California in order to inform them of the existence, significance and value of CBEA

To highlight the importance of collaboration between the business community with business educators for professionalism and excellence of businesses

To help increase enrollment of business set ups to the association by over 50% within the first two weeks of promotion

Main message

In line with the stated objectives, the promotion intends to inform the business community on the importance of business education and partnerships with the business educators.

Promotional techniques

Given that the target market segment has been established, there are various techniques that will be deployed to ensure a wide reach. First, there will be a two week door to door campaign to select high commercial areas to reach to the business community. Flyers and billboards will be mainly used this two week promotional campaign. In addition, seminars will also be organized for the business community regarding professionalism through business education. In addition, advertisements will be placed on the local dailies and business magazines.

Evaluation

Success of this promotional activity will be evaluated on a weekly basis to establish the challenges faced. As a result, there will be improvements and adjustments to maximize performance. The target set is to register about 200 more businesses within the promotional budget of $150,000 within the one month promotion schedule.

Criminological theory which supports the concept of deterrence

Deterrence theory

The concept of deterrence involves the use of punishment to discourage offenders from committing further crimes. It is based on assumptions that a punishment imposed on specific offenders prevents them from engaging in criminal activities. The fear of punishment aims at preventing other offenders from engaging in similar crimes (Vito & Maahs, 2012). In most of the democratic society, the concept of deterrence establishes the background form criminal justice systems. The deterrence theory is a criminology theory that supports the concept of deterrence. The proponents of the deterrence theory argue that people majorly choose to violate the law following the calculations of consequences and gains presupposed from their actions (Vito & Maahs, 2012). Overall, however, proving the relative effectiveness of the deterrence concept is difficult. Only the offenders not affected by the deterrence concept come to the attention of law enforcement.

According to the deterrence theory, the concept is in two basic types namely specific and general. General deterrence is a concept designed with the aim of preventing crimes in the general population (Vito & Maahs, 2012). The punishment of state offenders serves as a relative example for the general populace who has not yet engaged in criminal activities. Its purpose is to ensure that they are aware of official sanctions horrors in order to ensure they never commit crimes. The theory cites general examples such as the use of corporal punishment and the application of the death penalty. General deterrence has provisions only to deter witnesses of pain infliction (Skolnick et al, 2005). This is mostly upon a convict from involving in the crimes themselves with cases of corporal punishments helping with passing the message. The modern society has witnessed instances of televised executions as called upon by advocates as a means of deterring murder (Skolnick et al, 2005).

Specific deterrence is established through the nature of prescribed sanctions with the aim of deterring only the offenders from engaging in a similar crime in the future. Specific deterrence proponents also consider the aspect of punishing offenders severally. It is through the belief that it will make them reoffend unwillingly in the future (Skolnick et al, 2005). Deterrence theory elaborates the concept through a relative example of a drunk driver who is deterred from drinking then driving. This is due to an unpleasant experience suffered from arrests. It may also involve confiscating of his her license or impounding the car. The state is responsible for applying the necessary pain meant to offset the pleasure derived from drinking (Skolnick et al, 2005).

The theory of deterrence relies on three major components, including certainty, severity and celerity. The more severe most of the punishment are is proof that it is likely that a rationally thinking person will try to desist from criminal activities. In prevention of crime, criminal laws must ensure emphasis on penalties with the aim of encouraging citizens to adhere to the provisions of the law (Winfree & Abadinsky, 2010). Severe punishments are unjust, while punishments that are not severe enough do not deter criminals from engaging in crime. Deterrence theory argues that if the punishment is certain, severe and swift, a rational individual is more likely to measure the relative gains and losses prior to engaging in a crime (Winfree & Abadinsky, 2010). Such an individual is deterred from violating the law when the loss has more significance than the gain.

According to Brown et al (2012), the deterrence concept remains one of the key intellectual foundations of the western criminal justice systems and law. The idea that endorses deter criminals have relatively influenced penal sanctions, especially in death penalty cases (Brown et al, 2012). Most of the adherents of the theory have had consistent favoritism. This is majorly on policies, including the establishment of prisons, certainty of sentencing and conviction, longer sentencing severity and the recruitment of police officers (Winfree & Abadinsky, 2010). Deterrence theorists believe that together, such policies would enable the reduction of recidivism of the convicted offenders. It will also curtail possible participation in criminal activities by future offenders.

Theories of criminality which state that the sources of criminality are not irrational choices

Classical theory of crime

The focus on the aspect of human nature irrationality bases on the classical theory of crime to assist in situational crime prevention. The theory argues basing on the idea that people can live together based on harmony and that individuals who choose to engage in crime do so willingly without considering other factors (Samaha, 2008). Crime prevention originates from cases of fear that the individuals who step out of the societal norms would face terrible punishments of being an outcast. Through the theory, it is assumed that the sources of criminality define why crime as a purposive behavior is designed to meet the commonplace needs of the offender. Classical theorists also claim that if the benefits of the crime are more appealing compared to the related punishments, then the criminals involved choose to commit such crimes (Samaha, 2008).

Classical theorists have been in agreement of the societal structure that assists in shaping the actions and behaviors necessary for survival (Samaha, 2008). Social contracts and relative emphasis on the formation of law defines human behavior and the crime related choices made. This also includes the regulation of individual behavior with the aim of protecting the society against cases of the inherent rationality of crime or self-interests. In the creation of a system to deter crime from the aspects of unpleasant punishments, the theory suggests that the consideration of harsh punishments will drive people to avoid cases of unfavorable outcomes (Samaha, 2008). The idea of a social contract as suggested by the classical theorists is to enable the provision of an understanding in support of what is acceptable to all (Samaha, 2008). This is to ensure the common pursuit of the society happiness and the establishment of social order to maximize the achievement of personal interests.

According to the classical theory of crime, societal respect forms the primary focus in the justice system. Individuals are, therefore, expected to consider the good of the society before personal interests. All individuals are rational and are involved in criminal activities majorly for self intent (Brown et al, 2012). They separate crime from the aspect if social accountability conditions through purporting individual based decisions as blame. The comparative balance of what is to deter the criminals from cases of crime and the established judicial due processes without cases of bias forms the significant elements of the classical theory. This assists in explaining rational judgments of most of the individuals indulging in criminal activities. The theory establishes the significant reasons for criminal behaviors basing on the rational perspective of an individual (Brown et al, 2012). This creates validity for most of the individuals who resort to criminal behaviors, but leaves out the individuals with irrational behaviors.

The classical theory elaborates on the benefits and costs of crime broadly, including the unperturbed and official permissions. According to the theory concept, there is a range of significant factors that influence criminal behaviors such as emotional state, moral beliefs, and relations with delinquent peers (Brown et al, 2012). In addition, many classical theorists have noted that punishment severity has a far less significant, especially for potential criminals, as opposed to the surety of the resulting punishment.

Biological theory of crime

The biological theory facilitates an elaborate explanation on how crime is not a social factor occurrence, but the distinct biological element that compels individuals to engage in criminal behaviors (Barlow & Kauzlarich, 2009). Many of the criminal behaviors are as a result of physical alteration of an individual’s body especially the brain functionality. Genetic and physical factors constitute an individual’s ability to engage in criminal activities. Body alterations may prevent human bond development of the societal framework and prevents the normal behavior and social development (Barlow & Kauzlarich, 2009). The biological perspective criminality uses traditional scientific based research techniques informing the study of behavior. This enables the classification of the determinants that contribute to crime.

The treatment of individuals engaging in criminal behaviors has a greater significance in deterring crime compared to the judicial laws that mostly confine the criminal behaviors. The biological theory majorly focuses on the irrational aspect of individuals which are the genetic alterations. The theory focuses on the possibility that individuals may be involved in a crime. The prediction of the unexpected behaviors is relatively based on the biological inefficiencies of an individual. The development and genetic makeup of an individual establishes the rate of deviance likely to dominate their future actions and decisions (Barlow & Kauzlarich, 2009). This opinion reflects on an argument that questions the entire process and purpose of severe punishment as one of the successful methods of deterrence. Besides its theoretical concept that differs from the classical theory of crime, there are relative examples of cases that argue against its ideas (Barlow & Kauzlarich, 2009).

An opinion as to what ramifications this criminological research may hold

This criminological research evaluating the concept of deterrence in relation to the criminological theories may hold significant consequences for mens rea. The major concept of the mens rea necessitates that an individual conviction of a crime should significantly reflect on the idea that the person intended to commit the crime (Siegel, 2013). In evaluating the research, it is admissible that mens rea is not always respected and executed. The study assessed in the research is proof that most of the crimes committed in the modern society by individuals not in control of their actions. Such cases may involve mental strain. Moreover, the measure of an individual’s guilt should be the most significant factor when determining the proper punishment for a committed crime (Siegel, 2013).

The contemporary criminology exists in a rapidly evolving world. This criminological research establishes a concept of profundity and speed at which justice system changes are echoed. It involves rapidly changing characters in a societal context (Siegel, 2013). This is based on crime policy, crime rates and the practices of prevention, policing and punishment. With an outlook of the immediate punishments and crime data, significant processes are involved in underpinning them to the routines of social control and life. Through the current major transformations in the judicial system, it has become apparent that criminology as a subject matter has central implications (Siegel, 2013). The assumptions that animate this criminological research hold significant ramifications. This is in relation to the challenges posed for criminology through cultural, economic and political transformations.

The research suggests that restructuring of economic and social relations, the technological change speed, the social process fluidity and cultural heterogeneity constituting modernity pose intellectual challenges for the aspect of criminology (Siegel, 2008). Basing on the outcomes of the research, pursuing conventional criminological agendas through accustomed processes means focusing on the most significant issues that face the public policy and contemporary social thoughts. Ramifications would include focusing on the aspect of perspicacity, clarity and relevance that the society has been observing. Social transformations during the late modernity pose a significant problem of criminological relevance and understanding as seen in the research (Siegel, 2008). This criminological research may also pose definite implications for intellectual, political commitments and strategic aims that the context of criminology entails.

Through the research, the different levels of mens rea are able to establish a broader sense of criminology, including the crime control incentives and organized ways of punishing criminals. This is since the research puts criminology in institutionalized and social settings that shape its development. In measuring one’s guilt, mens rea plays a significant role (Siegel, 2008). It presents the intent rate an individual had in the process of committing a crime. When considering the rational choice theory and the mens rea concept, perfectly formulated and sophisticated notion is established. This is to enable an understanding of the criminal behaviors. Modern criminology combines its faith in professionalism and scientific expertise with an open-minded reform context (Siegel, 2008). The criminal justice system holds the solutions to most of the crime problems and holds the responsibility for implementation. This is why the principle of mens rea has facilitated the presence of many people in the modern courtrooms, including the judges, prosecutors, jury, psychologist, psychiatrist, and forensic scientists in solving cases (Siegel, 2008).

The criminological research elaborates on the fact that the crime policy has been conducted in a bipartisan mode outside electoral politics. This is to delegate policy formation to the aspect of practitioners and professionals. Decision making has been transferable from judges to criminological experts as one of the requirements of the criminological framework which perceives criminal behavior as manageable. It professionalizes the criminal justice system as a self contained organ to make standard judgments valued in criminal law (Siegel, 2008). In most cases, there are relative difficulties in measuring the guilt of an individual and the intent to commit criminal offenses such as murder examining solely the crime itself.

Concurring with the provisions of the theories, it is possible that criminology theories are involving and correlates to the concept of mens rea (Cullen & Wilcox, 2013). In respect to the modern criminal laws which mens rea is part of, the ongoing simplification and generalization process of standards and legal norms should be brought to an end. This is to establish way for a more just and ethical standards of practicing law within the jurisdictions of the contemporary courtrooms.

Conclusion

Social changes have established a situation in which criminology as a concept relies on the forms of individual thinking in relation to behaviors. Such changes have marked criminology in an intellectual and institutional manner, making crime appear a normal feature in the contemporary world. With criminological concepts establishing self-consciousness about crime social situation, the different levels of mens rea fit the criminological theories. This since an individual is of own volition with the desire for specific things and fights when desires are in conflict. People pursue self interests such as social reputation and personal safety and end up making enemies without considering the harm caused to others in the process (Cullen et al, 2008). Since most of the individuals in the society have the determination to achieve self-interests, it mostly results to case of resistance and conflicts without a proper government to ensure safety. This proves the rational perspective of humans and how the self-interest results in cases of criminal behaviors due to exclusion and alienation of some society members. Through such instances, the different levels of mens rea fit the criminological theories such as the classical theory of crime and the deterrence theory (Cullen et al, 2008).

According to Cullen et al (2008), the different levels give focus to cases of situational crime prevention. This includes an opportunity reducing measures that involve design, management or manipulation of the immediate environment through systematic processes (Cullen et al, 2008). Strict liability connects to deterrence theorists beliefs that when a punishment is swift and certain, it defines the rate at which a rational individual will measure up to the gains and losses. The mens rea elaborates on how a crime occurs through outweighing the cost, especially when people ought to pursue self-interest in the absence of reliable punishments. Purposeful inequality in material well-being and power sometimes creates the conditions in which criminal behaviors are nurtured (Cullen et al, 2008). Capitalism and its corresponding market economy form a special criminogenic aspect in the process creating a vast disparity that later impoverishes most of the people exposed. This provides the opportunities through which the powerful experience exploitation (Cullen et al, 2008).

Criminal justice and punishment has become one of the contentious, topical and urgent social elements of the modern times. Basing on the criminological theories, mens rea proves that the consideration of judicial measures can, therefore, provide a platform for crime reduction. The theories are rooted in human behavior analysis indicating individual’s rational behaviors which involves calculation of rationality through crime outcomes (Brown et al, 2012). In this line of reasoning, prevention of criminal behaviors in the society should involve forms and implementation of punishments equivalent to committed crime severity. The concept of criminal punishment as elaborated in the theories of crime involves special deterrence and general deterrence (Brown et al, 2012). This means that the criminal justice system is valued as one of the most significant aspects in the context of punishment in relation to the mens rea concept. Criminology concept should, therefore, provide a framework for engaging in public discourse to enable addressing of crime as a central issue.

References

Barlow, H. D., & Kauzlarich, D. (2009). Explaining crime: A primer in criminological theory. Lanham: Rowman & Littlefield.

Brown, E. S., Esbensen, Finn-Aage & Geis, G. (2012). Criminology: Explaining crime and its context. Cincinnati, Ohio: Anderson.

Cullen, F. T., & Wilcox, P. (2013). The Oxford handbook of criminological theory. New York, NY: Oxford University Press.

Cullen, F. T., Wright, J. P., & Blevins, K. R. (2008). Taking stock: The status of criminological theory. New Brunswick, NJ: Transaction Publishers.

Samaha, J. (2008). Criminal justice. Belmont, CA: Thomson/Wadsworth.

Siegel, L. J. (2008). Criminology: The core. Belmont, CA: Thomson/Wadsworth.

Siegel, L. J. (2013). Criminology: Theories, patterns, and typologies. Belmont, CA: Thomson/Wadsworth.

Skolnick, J. H., Feeley, M., McCoy, C., & Kaplan, J. (2005). Criminal justice: Introductory cases and materials. New York: Foundation Press.

Vito, G. F., & Maahs, J. R. (2012). Criminology: Theory, research, and policy. Sudbury, Mass: Jones & Bartlett Learning.

Winfree, L. T., & Abadinsky, H. (2010). Understanding crime: Essentials of criminological theory. Belmont, CA: Wadsworth Cengage Learning.

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Criminological theory which supports the concept of deterrence

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