This website uses cookies to ensure you have the best experience. Learn more

The Consensus Theory Of Criminal Law

870 words - 3 pages

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

The conflict view of criminal law establishes that laws were made by
the elite and powerful influential individuals, in such a way to serve
themselves. Society rules and behavior need to be put to serve them
and rules for crimes are set to punish the less fortunate and people
of lower class, both economical and societal. The book put an example
about the law against illegal drugs, or to what individuals and the
established law considers illegal. People trespassing those laws are
punished severely. Thousands of illegal drug user in jail are a prime
example. But elite individuals are not punished at all if they get and
use similar but perfectly legal drugs. Drugs that are easily available
through the help of say physician’s friends.

The sodomy law is an example of a conflict point of view of criminal
law. The book illustrates us about a case a patrol policeman caught
two male individuals in a car, one of them without pants and both were
charged and convicted based on sodomy laws. The notion of endangering
the rest of the world by practicing homosexuality is a clear example
of a law designed to inflict discrimination. The author also refers
about nobody expressing concern about “sodomy” sexual practices
between a male and a female or even worst, inside marriage.


The goals of criminal justice are Deterrence, Incapacitation,
Rehabilitation and Retribution. Incongruence and incompatibility
arises among those goals.

Deterrence is the how...

Find Another Essay On The Consensus Theory of Criminal Law

Criminal Law, Criminal Careers, and the Criminal Justice System

2544 words - 10 pages "America imprisons 756 inmates per 100,000 residents, a rate nearly five times the world's average. About one in every 31 adults in this country is in jail or on supervised release. Either we are the most evil people on earth or we are doing something very wrong." (Webb, 2009, p. 4) This paper will look at basic criminal law, the reasons for lives of crime, a brief outline of the modern criminal justice system, and its future.Criminal

Exploration of English Criminal Law Essay

2755 words - 11 pages several duties of care? Certainly, one of the bases of English Common Law is that punishment for doing nothing is repugnant - action creates consequence, inaction should not. Should this apply? Professor A. Ashworth certainly thought it should be changed, publishing a report entitled 'The Scope of Criminal Liability for Omissions' and calling for reform. However, there are several points to consider. The first concerns itself

The Differential Association Reinforcement Theory of Criminal Behaviour

2868 words - 11 pages understanding of crime led to developmental of differential association theory. In contrast to both classical and biological theories, differential association theory pose no obvious threats to human treatment of those identified as criminal” (Gaylord, 1988:1). The principle of differential association states that a person becomes delinquent because of overloaded definitions favourable to violation of law over definitions unfavourable to violation of law

Criminal Law in the News

917 words - 4 pages Criminal Law in the NewsI chose to use an article that I received from This article is about how there are 15 states that have enacted laws that expands the right of self defense back in 2006.According to the Liptak, the supporters of this law call them "stand your ground" laws and the opponents call them "shoot first" laws. There have been many so called self defense shootings that were not self

The Natural Law Theory

718 words - 3 pages The natural law theory is a theory that dates back to the time of the Greeks and great thinkers like Plato and Aristotle. Defined as the law which states that human are inborn with certain laws preordained into them which let them determine what is right and what is wrong.(Bainton 174) This theory was them adapted by religious philosophers to fit the Christian religion.(Berkhof 114) This, however was not exactly the same as the original. The

The Broken Windows Theory Set The Standards of Law Enforcement

1480 words - 6 pages Introduction: Many experts look at experts’ looks at data and research. Great experts find out and test their research. Traditional old concepts of police work caused many to venture and test anything. George Kelling and James Q. Wilson analyzed and tested their hypothesis. I will break down their “Broken Windows Theory” and how this has changed law enforcement today. Topic I. The Broken Windows set the standards for law enforcement. A

The Spirit versus the Word of the Law: The Consequences of Sherlock Holmes's Criminal Characteristics

2049 words - 8 pages peace who remains loyal to the spirit of the law and protects what is principally important cannot be underestimated. The most telling characteristic, however, is that Holmes appears to consider himself above the law and shows the willingness in some of his cases to engage in criminal activity as he deems necessary. The implausible assertion then becomes a feasible possibility that through his brilliant intellect, furtive disguising, and

Evaluation of criminal law: Dishonesty offences

1105 words - 5 pages appears that dishonest dealing with documents is a justified creation of an offence that satisfies fundamental principles of criminal justice. Dishonest manipulation of machines This offence held no previous counter-part in existing law as it aims to respond to the increasing range of goods and services dispensed by machines. The offence extends to incorporate conduct involving non-proprietary interests and the subversion and manipulation of

Essay regarding the public's Misperception of the criminal court system and due process of the law

1916 words - 8 pages Public (Mis) perceptions of Criminal Procedure and the CourtsIntroductionThe portrayal and perception of criminal procedures and the courts have the public concerned of how safe they really are from deviants of the law and if the guilty parties are being punished accordingly. It is public opinion that there are many abuses in criminal procedure. This would include everything from traffic stops to search and seizures. The community also views the

Criminal Law and The War on Drugs

1778 words - 7 pages Criminal Law and The War on Drugs      "These records of wars, intrigues, factions, and revolutions, are so many collections of experiments, by which the politician or moral philosopher fixes the principles of his science, in the same manner as the physician or natural philosopher becomes acquainted with the nature of plants, minerals, and other external objects, by the experiments which he forms concerning them." (David Hume.)2

Comparison of characteristics and perceptions of the Qld Criminal Justice System, Aboriginal Customary Law and Islamic Criminal Law according to crime and punishment procedures

2946 words - 12 pages 1.0 INTRODUCTIONThis report is focused on a comparison of three criminal justice systems. The model systems are the Queensland Criminal Justice System, Islamic Law and Australian Aboriginal Customary Law.Each criminal justice system model has been researched according to their Origin and Characteristics, standard and Burdon of proof, presumption of innocence, punishments for crimes committed with particularreference to retribution, deterrence

Similar Essays

Theory Of Criminal Behavior Essay

949 words - 4 pages 1.0 Introduction Crime depicts any act or omission that is prohibited by the public law. On the same note, behavior is a function which has measurable differences in psychological characteristics among individuals (Brennan-Galvin, 2002). Such characteristics may be influenced by constitutional, personality attributes, and neurophysiologic or genetics factors. Likewise, criminal behavior is the commission of acts which in their situational and

The Importance Of Criminal Investigation In The Law Enforcement

713 words - 3 pages information that would otherwise be unable to gather from law enforcement personnel. However, many of these informants are criminals associated with the crime being investigated Criminal investigation may be a terribly troublesome and dangerous operation of police work. Once a criminal offense happens, a police officer goes to the scene of the crime, gathers information, and searches for for the potential suspects. If in case, there are

History Of Criminal Law From The Roman Justice

4665 words - 19 pages the legislation, that is, the Courts would say if the edited criminal law is opportune and necessary. E this healthy ousadia has Italian raízes. In Italy the agreement of that the principles of the necessity and of the proportionality must inform the criminal legislator who is fiscalized of close by the Judiciary Power comes gaining land between the constitutionalists. It is the consecration of the Theory of the Criminal Garantismo, that has

The Burden Of Proof In English Criminal Law

2418 words - 10 pages In Criminal cases, the general principle is that when it comes to proving the guilt of an accused person, the burden of proving this rests with the prosecution . In the case of Woolmington v DPP , it was stated in the judgment of Lord Sankey that; “Throughout the web of the English Criminal law one golden thread is always to be seen, that is the duty of the prosecution to prove the prisoner’s guilt subject to….. the defence of insanity and