As You Study Criminal Justice, It Is Important To Examine
As You Study Criminal Justice It Is Imperative To Examine The Various
As you study criminal justice, it is imperative to examine the various responses to crime through history. Traditionally, responses were focused on current issues without connecting the historical relationship between groups, institutions, cultures, and governmental ideologies. Understanding the historical context of contemporary criminal justice responses is critical. For this discussion, you compare ancient governmental responses around the world to crime with contemporary responses to crime. Select a specific crime, and using the Learning Resources, research ancient (of your choice; see your Learning Resources for context) and contemporary responses to that crime.
Analyze the commonalities and differences between the responses, and evaluate whether or not the responses are effective. Post by Day 3 the type of crime you selected. Then explain one ancient governmental response and one contemporary governmental response to that crime. As can be found in this week’s readings, crime is responded to from the relative cultural reality of that time period. Provide an example to illustrate your points.
Describe the commonalities and the differences in these responses. Explain whether or not you consider either response effective and why. Finally, explain whether international responses to crime have helped shape the governmental response to crime where you live. If so, explain how. Provide an example. Use the Walden Library and select an article to support your response.
Paper For Above instruction
Criminal behavior has been addressed differently across epochs and cultures, reflecting the evolving societal values, legal philosophies, and governmental priorities. To explore these variations, I have selected the crime of theft, a universal issue that has persisted from ancient civilizations to modern societies. The responses to theft from antiquity and today reveal both enduring themes and significant shifts grounded in legal, ethical, and cultural considerations.
In ancient societies, such as Mesopotamia, theft was considered a grave offense, and governmental responses were often severe, reflecting the societal need to maintain social order and property rights. The Code of Hammurabi, dating back to around 1754 BCE, exemplifies this approach. Under this law code, theft was met with strict penalties, often severe corporal punishments or restitution, depending on social status. For instance, if a person was caught stealing, they might be sentenced to death or forced restitution, emphasizing retribution and deterrence rather than rehabilitation. This response was rooted in a largely retributive justice paradigm aligned with the societal values of maintaining hierarchy and order.
Contrastingly, contemporary responses to theft tend to prioritize a combination of punishment with rehabilitative and restorative components. Modern legal systems, such as those in the United States, typically involve a series of steps including arrest, legal proceedings, and sentencing, which may include incarceration, community service, or restitution. The emphasis is shifting toward addressing underlying issues contributing to theft, such as poverty or mental health problems. For example, in recent years, restorative justice programs have gained prominence, aiming to repair harm and reintegrate offenders into society rather than solely punishing them. These responses are influenced by a more humanistic and rehabilitative philosophy, reflecting societal changes towards individual rights and social justice.
The commonality between ancient and modern responses is the underlying goal of maintaining social order and protecting property rights. Both engage legal consequences for theft, although the methods and underlying philosophies differ significantly. The primary difference lies in the severity and purpose of punishment: ancient responses were often harsh and retributive, whereas contemporary responses seek a balance between punishment and rehabilitation.
Assessing effectiveness involves considering societal goals. Ancient responses, with their harsh punishments, likely deterred theft and reinforced social hierarchies but at significant costs, including potential injustice and cruelty. Contemporary responses aim to achieve a similar deterrence while also promoting social reintegration. Evidence suggests that a purely punitive approach is less effective in reducing recidivism and addressing root causes of theft, whereas rehabilitative strategies show promise in creating lasting behavioral change.
Internationally, responses to theft vary significantly, influenced by cultural, legal, and economic factors. International organizations like the United Nations promote human rights standards that discourage cruel punishments, encouraging countries to adopt more rehabilitative approaches. For example, countries with progressive juvenile justice systems shaped by international guidelines have shifted towards rehabilitation. In my home country, the United States, international influence has contributed to reforms aimed at reducing harsh sentencing, especially for juvenile offenders, fostering a more rehabilitative and restorative approach.
References
- Fletcher, G. P. (2019). The International Criminal Court and criminal justice reform. Journal of International Affairs, 73(2), 45-60.
- Hammurabi. (2003). The Code of Hammurabi. Translated by L. W. King.
- Kaplan, R. D. (2016). The revenge of geography: What the map tells us about coming conflicts and the battle against fate. Random House.
- Nolan, J. (2020). Restorative justice and global perspectives. Cambridge University Press.
- United Nations Office on Drugs and Crime. (2021). Global Study on Homicide 2021.
- United Nations. (2019). Principles and Guidelines on Restorative Justice Programmes. UN Publications.
- Wong, S. (2018). Juvenile justice reform: International models and lessons learned. International Journal of Juvenile Justice, 4(1), 78-90.
- Zimmerman, B. (2020). The evolution of criminal law: From retribution to rehabilitation. Law and Society Review, 54(3), 345-370.
- International Crisis Group. (2022). Addressing the root causes of crime: International perspectives. ICG Reports.
- Smith, A. (2017). Cultural influences on criminal justice systems. Journal of Comparative Law, 11(4), 234-251.