Crimes are among the biggest preventable problems of a society, which is the result of poverty, lack of education, and criminal culture. The shooting incident in Northwest Washington is a clear representation of criminal tendencies of people, who are willing to inflict serious harm due to trivial reasons. D.C. police reported that a man was shot because he had argued with a person in a vehicle, who had discarded a litter.
The argument escalated to the point, where a passenger went out of the car and used a deadly weapon on the man (Weil, 2019). Fortunately, the victim was hit in the arm without fatal consequences. Later, he was taken to hospital for further medical assistance.
The given example of the incident is a clear representation of why social learning theory is not always correct. Although the cause of an argument was insignificant, the use of a firearm had occurred, which suggests that this extreme reaction was not necessarily learned (Wintemute, 2015). The incident happened due to the lack of gun control, which allows citizens to commit regretful mistakes under the flow of emotions (Wozniak, 2015). It is an illustration of macro-level theory, where a group of gun supporters can accidentally use a deadly force for resolving minor conflicts.
Social learning theory and macro-level theories can sometimes complement each other; however, in the given case it was a result of gun allowance. Shooting someone over a piece of litter is not learned, but instead, it is the result of uncontrolled rage (Bushman, Kerwin, Whitlock, & Weisenberger, 2017). Gun control policies would decrease the occurrence rate of these types of incidents. Social learning of crime would apply for a victim if he were a bully, who interrogates people over trivial things (Miller & Morris, 2014). Nevertheless, the man was innocent, and the vehicle passenger committed a crime.
References
Bushman, B. J., Kerwin, T., Whitlock, T., & Weisenberger, J. M. (2017). The weapons effect on wheels: Motorists drive more aggressively when there is a gun in the vehicle. Journal of Experimental Social Psychology, 73(1), 82-85.
Miller, B., & Morris, R. G. (2014). Virtual peer effects in social learning theory. Crime & Delinquency, 62(12), 1543-1569.
The crime of extortion requires a criminal act element and a criminal intent element. The criminal act element characteristically implies obtaining property of another by using a threat to cause harm to the victim (Nikoli et al., 2017). The threat may be related to the victims health (to cause bodily injury), to property (to cause some damage on the victims property), to the victims reputation (to reveal some personal information). An example is a criminal demanding a victim to pay them twenty thousand dollars, or they will spread the victims private photos. However, some acts including threat, may not be considered the crime of extortion if they are not accompanied with the intent to thieve.
Usually, the criminal intent element required for extortion is the purpose of obtaining money or property that one is not legally owning. Such specific intent should exist at the time of the threat to establish extortion. Conscious aim to commit the criminal act and making the threat is sufficient. It implies that the actual stealing of money or property is not required to commit the offense of extortion. Considering the previous example, if a person asks another to loan twenty thousand dollars and after getting refusal threats to spread photos the criminal intent element required for extortion is lacking.
A possible defense to extortion could be evidence that the money or property belonging to another person and taken with the use of threat are taken fairly, for example, as compensation. Thus, if an employee does not get the money earned and threatens the employer to cause harm in order to receive a salary, technically, it is not considered an offense of extortion. To protect oneself from being a victim of such crimes, educational programs that address related aspects, such as cyberviolence risks, personal data protection, preservation of digital evidence, appropriate reactions to cyber threats, and incident reporting may be helpful (Vasiu & Vasiu, 2020, p. 24). Such strategies are highlighted since, nowadays, extortion has become a widespread crime in cyberspace due to the availability of mass digital technologies.
References
Nikoli, G., Boakovi, A., & Trajkovi, T. (2017). The importance of secret surveillance of communications in detection and proving the criminal offense of extortion. Facta Universitatis, Series: Law and Politics, 15(3), 265-276. Web.
Vasiu, I., & Vasiu, L. (2020). Cyber Extortion and Threats: Analysis of the United States Case Law. Masaryk University Journal of Law and Technology, 14(1), 3-28. Web.
Sex crime has become one of the most distressing issues in society today since it has led to massive devastation of victims, lasting trauma, spread of diseases and eventual death. Research studies indicate that offenders carry out sexual violence on their victims as a means of retribution, control or oppression both internationally and domestically. Lippke (2011) points out that sexual crime has become a common occurrence that has long term effects and a host of physical and mental problems. As this paper analyses, criminal liability to most sexual crimes are judged by the common law based on certain elements such as actus reus, mens rea and concurrence.
The article Persistent versus late onset among female offenders: A test of state dependent and population heterogeneity interpretations by Gunnison and McCartan (2010) was first published in December 2010. It explores the issue of sex crimes and female offending, and critically analyses the cause of the criminal behavior by interpreting diverse offending trajectories. Additionally, it examines different causes and reasons why sexual offenders involve themselves in antisocial behaviors and the need for the intervention of justice based on the understanding willful intentions and guilt.
Gunnison and McCartan (2010) point out that many sex crimes are committed by more males than females although both genders commit the crime against their victims in the same manner. It is imperative to point out that among the groups mentioned, different offenders are driven by certain factors that either make them guilty or not. According to the general theory of crime, a criminal behavior and the trait underlying it is guided by lack of self control and life experiences like prior abuse that encourage antisocial behaviors. Indeed, sex crimes are committed by an individual whose attachment with a society is broken or weakened and whose may have been physically abused in the past.
In many different countries, law plays an important role in regulating, controlling and offering appropriate punishment for sexual offenders. Botha (2011) points out that before appropriate punishment for sexual offence is given, an offender must be convicted. A variety of elements of sexual crime such as actus reus and mens rea need to be fully proven and satisfied. In agreement, Gunnison and McCartan (2010) argue using population heterogeneity that the antisocial propensities of sexual offenders spring from poor experiences such as abuse and low self control. This indicates that most sexual crimes may be committed without the actual will of an offender especially when the offender is under the influence of a drug. Adopting mens rea, a prosecutor may therefore fail to prove an offender under the influence of drugs liable for sex crime as it is not committed voluntarily.
In their article, Gunnison and McCartan (2010) continue to point out that most sexual offences display themselves in physical abuses that result to injury or harm. It is imperative to point out that inasmuch as an offender may not have willingly committed a sex offence due to influence of drugs, it qualifies to be an actus reus and deserves punishment as it is an act that invokes pain and harm. Besides, it also is a crime as the offender neglects his role of being responsible and careful about his actions that may have negative effects.
Lastly, in agreement with Botha (2011), a sex crime is justified when the elements of mens rea and actus reus simultaneously occur. It is worth noting that during sex crimes, different events occur within a context, and as such it may be difficult to establish a concurrence between mens rea and actus reus. In some jurisprudence, a sexual crime or any other form of crime cannot be proven when there is no concurrence. However, the single transaction principle differs with jurisprudence since some sexual offences and acts can be committed without mens rea and therefore constitutes crime.
References
Botha, C. (2011). On the record. SA Crime Quarterly, 37, 33-37.
Gunnison, E. & McCartan, L. (2010). Persistent versus late onset among female offenders: A test of state dependent and population heterogeneity interpretations. Western Criminology Review, 11(3), 45-62.
Lippke, R. (2011). Why sex Offending is different. Criminal Justice Ethics, 30(2), 151- 172.
The rate of crimes committed by children under the age of eighteen years is alarming. Kids are at a more risk of joining the wrong groups that teach them wrong manners or behaviours that eventually lead them into a criminal life. The era of social media has made it easy for individuals from different places to interact and share ideas. In the past it was easy to prevent some of the cases that are witnessed but the social media has made it harder since the kids are learning risky behaviours from others online. This has resulted in different institutions working individually and collectively to ensure that the issue is neutralized. This paper looks at how the family, education and law enforcement institutions are addressing the problem.
Description of Juvenile Crime
Juvenile crime is part of criminal law involved with crimes of offenders who are below the age of eighteen years. This kind of offenders receive less strict forms of punishment than the ones adults get plus instead of going through the adult criminal system, they are taken through the juvenile justice system. Therefore, even though majority of the offences by the minors are similar to the ones committed by adults, the former group is subject to different laws as well as procedures than the latter group. The law and procedures are primarily governed by the state law plus regulated on a state by state basis with majority of states enacting juvenile criminal codes via legislation (Valuiskov et al., 2017). This means that a state determines the rules in how a juvenile may be scrutinized, their arrest, conditions for their supervision, restitution orders plus other aspects of juvenile criminal procedure.
Many kids are mischievous but sometimes it can go to extents that the behaviour turns into a crime. Since they do not belong in a penitentiary with grownups, plus possess a greater likelihood of rehabilitation, there are rules designed to handle them (Mears & Pickett, 2019). The rate of juvenile crime has increased over the last several years and it has become an issue that needs addressing. There is a section of individuals who attribute that to the social evils present in the society, for instance, racism and sexism, which adds pressure on the minors. In an attempt of improving their status, they end up getting involved in unlawful activities. Early intervention is important as it prevents the onset of such behaviours as well as facilitates the youths resiliences development.
How Family, Education and Law Enforcement Have addressed the issue of Juvenile Crime
The family environment of a child determines their development regarding behaviour. One that is brought up in a hostile home has a higher chance of picking up the abusive behaviours (Valuiskov et al., 2017). Many parents have realized this and have decided to evaluate the conditions their children grow up in. Apart from assessing the home surroundings, many have opted for counselling in case there are issues at home. This ensures that the factors that may result in the kids choosing crime are eliminated. Additionally, parents continue to encourage their children to speak up on the issues that trouble them, for instance, bullying at school. Such issues push kids to join criminal gangs to ensure that they gain respect of their peers and eventually end up participating in criminal activities.
The institution of education has also been instrumental in trying to reduce the rate of crime among minors. Schools have two ways of dealing with the issue, including prevention measures and rehabilitation measures (Valuiskov et al., 2017). On one hand, to prevent children under the age of eighteen years from committing crime, they encourage them to join groups and programs that promote valuable activities like sports and church. Being part of a group ensures that someone has people watching over them and also they do not become idle and be vulnerable to temptations. On the other hand, to rehabilitate those who have already gone through the juvenile justice system, the teachers arrange for counselling which helps the kids avoid factors that led them to their situation initially.
The law enforcement has not been left behind in the issue of addressing juvenile crime. With the understanding that although they are offenders, they are also children who need constant guidance on different things, the law enforcement establish programs and visit schools and different places in the society. During these meetings, they target the youth and speak to them concerning the importance of obeying the law (Van Dijk et al., 2019). The children also learn ways in which they can escape the traps in the society that may lead them in wrong paths. Such ways include reporting to adults whenever someone entices and encourages them to commit criminal activities.
Difference in Past and Modern Approaches to the Issue
In the past the different institutions looked at the issue with much judgment but now they are trying to focus more on the fact that the juvenile offenders are still kids. For instance, in a family setting, children who committed crimes in the past were disowned and parents became ashamed of them. The feeling of not wanted is a factor to why the rate of crimes among minors has increased and reached heights not ever envisioned. If a child who has done something wrong feels like they are no longer accepted by their families, they end up feeling discouraged to improve on their behaviours. Studies have shown that many kids who had gone through the juvenile justice system and served time went back to criminal acts (Valuiskov et al., 2017). The reason for this is because they lacked a home support that would allow them back into the community.
Even adults who have been in jail before need support of their families to ensure that they no longer go back to their past ways. This goes a long way to show that kids who are still developing need more of such support (Van Dijk et al., 2019). Apart from support that is provided more by parents of today, families have realized that the home situation can have a great impact on the behaviours of the child. This has made many embrace counselling and encouraging their kids to be more vocal to gauge where they are at mentally-wise. This is unlike the past where parents viewed home situations as not a factor in high juvenile crime rates.
Law enforcement in the past has had a hard time dealing with the issue of crime among minors and young people in general. There have been many cases of police prejudice to the extent the relationship between them and the society was ruined (Legewie & Fagan, 2019). Having a poor relationship with the society limited how much they could do in their attempt to find the main factor behind the issue. In the present times, the police have had campaigns that bring them closer to the communities as the closeness is important. For some time, young people felt like the law enforcement was trying to put them down (Javdani, 2019). Their theory holds as there is immense proof of young people even at below the age of eighteen years being killed in cold blood without reasonable cause, as suggested by (Gerlinger & Hipp, 2020). Others as soon as they turned eighteen found their way to the prisons where they served for crimes they claim to have not committed, as suggested by (Gerlinger & Hipp, 2020). A young kid with knowledge of such issues and cases is unlikely to desire to listen to whatever law enforcement promotes.
The law enforcement in the present times has eliminated another barrier in their efforts to rehabilitate the youth which is illiteracy regarding the law. Many kids at schools have little or no knowledge concerning their roles and responsibilities as it pertains to the law. Precisely, many think that they cannot be held accountable of many of the wrong acts they do because they are still young (Mears & Pickett, 2019). Apart from that, they have failed to learn about the different laws, policies and procedures of the states they reside in. Law enforcement has decided to actively and intentionally ensure that kids at schools learn about the issue. They are constantly holding meetings from school to school in various states in the country teaching young people how they should behave. This approach has helped reduce many cases of juvenile crime that happen due to lack of knowledge. Young people even below eighteen years old understand what is right or wrong according to law.
The institution of education has also improved on how it approaches the issue of juvenile crime. Schools used harsh punishments on children who were found to have participated in wrong acts (Van Dijk et al., 2019). They even went to the extent of discontinuing some of the students which ensured that most ended up in the streets. In the streets, they are vulnerable as they are also trying to find a way to cope up which resulted in many joining wrong groups. Schools failed to teach or encourage learning about the juvenile justice system and the roles and responsibilities of the kids as they believed that it was the duty of their parents or guardians.
In the present times, much has changed regarding the approach the education system addresses the issue. Many schools have incorporated studies on law in their programs and it is compulsory for all the kids at school to learn (Mears & Pickett, 2019). Knowledge on different issues is important and more essential when it comes to law. The reason for this is because a child will understand the limits and how far their actions can go. Every child understands that they are young and that they deserve a special treatment from the society which includes being forgiven for their actions.
However, it is also important if they learn that if their actions affect other negatively then they can be punished by the laws governing the states they live in. Apart from incorporation of law in school programs, teachers now understand that the problem of juvenile crime cannot only be handled by the families. The issue affects the whole society as the teachers are parents too and their kids can be influenced by the others (Van Dijk et al., 2019). Therefore, many teachers are using their platform to encourage kids to stay away from wrong groups that may lead them into crime and suggest alternative sports and church groups.
Connection between Family, Education and Law Enforcement
The family, education and law enforcement institutions have identified that the children are the future of the nation. Therefore, it is their responsibility to provide the kids with adequate guidance that will guarantee a good future for them. Adults have undergone the same stages the young people are going through. They understand how the minds of the kids work and what can lead them astray (Mears & Pickett, 2019). Working together as a unit ensures that the initiatives are more effective and have a higher success rate. For instance, if a child is involved in activities that appear to lead to risky limits. A teacher, a parent and a police officer work together to ensure a particular individual understands the direction to which they may be heading. In addition to that, they help them understand that there are consequences of their actions especially if they harm or hurt other people.
The three institutions complement one anothers approach to the problem. For instance, as mentioned earlier, most of the juvenile crime cases result from a lack of knowledge about law. The approach of both education system and the law enforcement on the issue is to educate about laws and policies. The family institution complements the other two institutions through parents or guardians who emphasize on what the kids learn at school (Mears & Pickett, 2019). Additionally, they encourage the children to have a better relationship with the police. This working together eliminates the chances of having loopholes in their approaches as they improve on what the others are doing. On one hand, parents understand their kids better who make it easier for teachers at school to find ways to put their message across. On the other hand, educators at school understand the ideal methods they use to make individual students understand a topic at class. Such piece of information is important to the police when they set up programs to speak to the young people at schools about the topic.
Conclusion
The issue of juvenile crime is a topic that needs to be addressed by more than one institution in the society. Young people are the future and need to be guided instead of being punished in a manner that disregards the fact that they are young and still learning. Different individuals in the society, for instance, teachers, police and parents have to unite in the fight against crime in the society. When the three work together, it eliminates the occurrence of incidents such as law enforcement killing young people in the community. The approaches to the issue have also changed as the institutions employ different methods.
For instance, in the past, it was not normal to hear that kids are learning about the laws and policies that govern the states they live in. Most of them felt like they would not be punished by law for their actions. Now kids understand that they have a responsibility of being good citizens and co-exist with others peacefully. The lack of knowledge pushed many into committing different crimes which turned out to ruin their lives at a very young age. The new knowledge is important and has ensured that they go through their childhood stage and mature to be good citizens in the country.
References
Gerlinger, J., & Hipp, J. R. (2020). Schools and neighborhood crime: The effects of dropouts and high-performing schools on juvenile crime. The Social Science Journal, 117. Web.
Javdani, S. (2019). Policing education: An empirical review of the challenges and impact of the work of school police officers. American Journal of Community Psychology, 63(34), 253269. Web.
Legewie, J., & Fagan, J. (2019). Aggressive policing and the educational performance of minority youth. American Sociological Review, 84(2), 220247. Web.
Mears, D. P., & Pickett, J. T. (2019). Voting preferences and perceived juvenile crime trends: Examining racial and political differences. Criminal Justice Policy Review, 30(6), 840861. Web.
Valuiskov, N. V., Bondarenk, L. V., & Arutiunian, A. D. (2017). Juvenile crime: Current state and dynamics. Journal of Politics and Law, 10(4), 225. Web.
van Dijk, A. J., Herrington, V., Crofts, N., Breunig, R., Burris, S., Sullivan, H., Middleton, J., Sherman, S., & Thomson, N. (2019). Law enforcement and public health: Recognition and enhancement of joined-up solutions. The Lancet, 393(10168), 287294. Web.
There are various types of crimes committed around the world ranging from economical, political, social and crimes against humanity just to name but a few. In order to deal with these crimes and ensure a secure world, different countries have enacted laws regarding to the crimes in their constitutions.
Therefore, facts on crimes and decisions of the judge is referenced from the constitution, which prescribes the nature and extend of the punishment or fine awarded to an individual found guilty of an offense . As a basic revelation to a world often simplified by many, the detailed explanations delved into prove a sure way to pass some real practical and critical thinking putting one ahead of the populous concerning common law trivialities.
It is in this light that, taking a look at the most known yet controversial subjects in the constitution and criminal law will in no way become an effort in futility. The paper seeks to address the issue of crimes against persons ranging from murder to violence further highlighting on common law defenses.
Crimes against the Person: Murder
There exist various crimes considered as against humanity or persons. One of such crime is murder. Constitution defines murder as an unlawful killing of another person with malice aforethought. As one of the most reported crimes, its statistics are well documented. Different countries further classify murder in different forms as entrenched in their land laws.
First-degree murder being a one to one murder in which a death sentence is administered. Nevertheless, for one to be convicted of murder, there stands the need for a prove beyond reasonable doubt that one intentionally killed a fellow human by means of lying in wait for their victim, poisoning or by any other premeditated action.
Other states however stretch the description to include special circumstances such as killing a law enforcement officer, a witness to a crime, a judge and/or where he/she kills more than one person. Murder in the first degree usually carries a death penalty in the states that include capital punishment in their set of rules and a life imprisonment sometimes without the possibility of parole in those that do not.
The other form of murder is felony murder also referred to as second-degree murder. The crime covers those who conspire to commit murder also when killing occurs in about or as part of an underlying transaction (Alison & Lawrence, 1993, p.58). One of the parties in the conspiracy has to attempt to carry out the crime for a conviction to occur.
The punishment for this crime varies from state to state: most often a life sentence and in some cases long prison sentences. Worthy of note is the fact that some first-degree murders considered as regular might fall under this category.
Another example of a crime against humanity is manslaughter. In such cases, there stands the need for sufficient evidence from the accused to prove that the death of a person was not murder but manslaughter.
Manslaughter, though a murder, the accused faces slightly lenient punishment as opposed to murder because manslaughter refers to a situation where killing proves unintentional. It can be voluntary or involuntary. Manslaughter is punishable by prison sentences, which may vary in length. Sometimes acquittal proves the case especially when the act turns involuntary.
Other classifications of murder include infanticide and suicide. Infanticide I results when an infant is killed within twenty-four hours of it being birthed. The perpetrator is usually the mother.
In the past, this was classified as homicide but in the recent past legislation has been sought to distance it from homicide and make it a separate crime with a lesser prison sentence for the mother. Suicide however proves a bit tricky because most of the times it involves a person taking their own life, thereby making it hard for a conviction.
It may also take other forms such as a suicide pact and mass suicide both of which are handled differently depending on the legislation put in place. Familiarizing oneself with what each murder entails is vital to avoid unnecessary generalization without considering the grounds in which it occurred.
Crimes against the person: Violence
Crime against a person or rather violence forms one of the forms of crimes that cause physical harm to the victims either visible or invisible. Violent crimes may take various forms all the way from assault to rape and child molestation. According to Allison and Lawrence (1993, p.43) rape proves one of the most controversial and misunderstood form of violence against humanity.
In rape, victims are forced to engage in sexual act without their consent. Rape proves a difficult crime to prosecute and obtain conviction because of the difficulty involved in ascertaining the level of force used by the attacker even in the presence of DNA evidence (Wright & Scott, 1997, p.232).
It gets even harder if the victim knows the attacker or they both had a prior relationship. Nevertheless, measures have been put in place to ensure that victims are not subjected to the stigmatization when they seek justice. For example, shield laws , initiated in the 1990 has ensured that victims do not take part in court proceedings (Davenport, 2009, p.20). The accused in rape cases usually defend themselves that the sexual act was consented.
Other violent crimes are those committed to the innocent and defenseless. They take the form of child abuse and neglect, child molestation and child pornography. All respective states have taken it upon themselves to put in place bulletproof legislation to protect the rights of children.
One of such initiatives is a law allowing listing and closely monitoring all known sex offenders (The Wetterling Act). The internet has also proved to be quite a playground for sex predators prompting a number of amendments to the existing laws in order to keep up with these developments.
Another common form of violence is that of domestic nature. Domestic violence refers to an abusive behavior from either partner in an intimate relationship including friends, family members or cohabitation. Very few cases of this form of violence are reported as statistics put the figures under 2 per cent.
Given a number of cases degenerate to spousal homicide, the laws put in place against this vice are designed to encourage the victims break their silence before its too late for example the advent of mandatory arrest leading to more prosecutions (Lawrence, 1992, p. 23).
Assault is another form of violence charged in the courts. American common law defines assault as attempting to carry out battery. It is usually a misdemeanor unless there is a police officer involved in which case it is aggravated to a felony. Some jurisdictions define assault as a physical contact with another person without his/her consent (Smith, 2009, p. 402). The crime of assault requires both perpetrator and victim to be human and in cases where the attack comes from animals, suing for assault is not permitted.
Common Law Defenses
The Fifth Amendment guarantees due process to be followed when one is indicted for a crime. A defendant may raise a defense in either civil proceedings or criminal prosecutions to avoid liability. There exist an array of defenses worth putting across to counter accusations leveled against persons and if reasonable, they will see exonerated. One of these is justification defense where the said act is justifiable.
For instance, when one argues they did not commit murder rather their actions were in self-defense. However, deadly force can only be in retaliation and one always has the option of withdrawing from the fight. Retreat should be in complete safety if one chooses to do so. The battered woman syndrome (Donald, 1996, p. 32) stands out also as a form of justification defense.
When a defendant argues that they committed an act out of serious fear or under duress, then they are raising the duress defense. For this to be the case a defendant must have incurred serious bodily harm or death, the harm must exceed harm caused by the crime, must have a no way out and must have gotten into the situation through no own fault.
Insanity defense is raised when the accused is not liable for their actions were because of mental illness or defect (Anne, 1997, p. 597). It may also take the form of temporary insanity where the accused acts on an irresistible impulse charge. It may be hard to convince a jury of this defense due to the likelihood of misuse and the complexities that abound.
Other common law defenses include capacity defense where lack of capacity to control ones actions is argued, infancy defense to be raised by minors who argue their inability to tell right from wrong, intoxication defense raised by those who agree to have been voluntarily intoxicated when committing an act. Competency to stand trial defense ensures defendants permanently or temporarily avoid trial if they have health issues
Conclusion
In conclusion, crime and criminal law stands out as a wide area of study. There exists different types of crimes and every country has set up its own rules and punishments against different crimes committed in its territories. It is of a paramount importance that citizens understand nitty-gritty of these in order to stand a better chance when these crimes are committed against them.
Reference List
Allison, J., & Lawrence, W. (1993). Rape: The Misunderstood Crime. Newbury Park, CA: Sage.
Anne, M. (1997). Criminal Law. New York: The Foundation Press.
Davenport, A.U. (2009). Basic criminal law: The constitution, procedure, and crimes. Upper Saddle River: Pearson.
Donald, A. (1996). More than Victims: Battered Women, the Syndrome Society, and the Law (Morality and Society Series). Chicago: University Of Chicago Press.
Lawrence, S. (1992). Policing Domestic Violence. New York: Free Press
Smith, H. (2009). Criminal Law, 9th Ed. New York: Oxford university press.
Wright, R., & Scott, D. (1997). Armed Robbers in Action: Stickups and Street Culture. Boston: Northeastern University Press.
John Gotti was born on October 27, 1940. Until his death while serving a prison sentence, he was the godfather of the powerful crime gang family; the Gambino family.
He was dubbed The Teflon Don , because of his ingenuity in tricking Americas law enforcers and beating prosecutors in watertight cases. He had a dominant personality, was hot tempered and his readiness to fight made him the leader of a local gang. He was incarcerated for the first time in 1968 for hijacking trucks and got out in 1972 becoming the right hand-man to Carlo Gambino.
He killed James McBratney who had kidnapped and killed Gambinos son thereby improving his status in the mafia. He later succeeded to the throne of the Gambino family after the death of Carlo Gambino. He was nicknamed The Dapper Don due to his meticulous appearance and cutting a public image with heroic activities (BBC, 2002; Mustain and Capeci, 2002).
Theories
Edwin Sunderland
Edwin Sunderland developed the differential association theory in criminology which embraces sociology in analyzing crime. He asserted that crime is a behavior that is learned by interacting with family, peers and or associations. By associating with them, people learn different techniques of crime, crime motives and specific rationale in crime.
The theory explains reasons for an individuals deviant behavior. Sunderland asserted that an individuals criminality will depend on the different associations that treat crime as either positive or negative such that when favorable deviance beat negative counterparts, crime paths are opened.
He further proposed that the associations vary in quality by duration, frequency, intensity and priority; he concludes that if an individual has earlier associations, crime will have greater influence on such an individual (Vandelay, 2010).
Robert Merton
Robert Merton developed the strain theory also called the anomie theory. It has been acclaimed as one of the most influential sociological deviance assertion. According to Merton (n.d.), there is no inner drive for crime nor is crime of a single person but rather crime and deviance are normal aspects in our society. He further argues that crime is a requirement in our society for the society to achieve social progress and generate solidarity.
According to him, the social structure in our society is what gives birth to crime. He argues that the American social structure and its structure of wealth distribution and that dream of achieving the American dream all require crime to maintain social stability in the face of structural inequality.
He argues that the norm of achieving the American dream is through monetary stability through hard work in school and then in the economic life, but also there is an admiration for such deviant behavior like that of a robber baron who breaks all the rules in the book but achieves success; through the deviant means.
Thus he concludes that in our societies especially by American standards, success is admired more than how it was gained. Success is thus emphasized more than the approved means of achieving that success (Merton, n.d.).
Analyzing Gotti in the Light of the Above Theories
Analyzing Gottis criminal activities by using the above two criminal theories, we find that both apply in some ways or the other. We are told that that Gotti started his criminal activities as a young boy of 12 years. By interacting with his peers at that tender age, he was able to be their leader and was unable to stay crime free.
He later admired the Gambino family gang and by his association with them, he knew that by committing more serious crimes he could rise in ranking. He had greater influence in his criminal activities by virtue of his earlier association in crime (Smith, 2010).
The second theory above by Sunderland also does describe Gottis deviance remain in crime although it is not the right norm to achieving the American dream but all in all, who cares as long as he has achieved it; by being rich in monetary value.
People admired his success despite the means, he was the boss of a new York City Gambino Crime Family and he was later to become the most powerful crime boss of his era. He had an outspoken personality and used to wearing expensive clothing earning him the name The Dapper Don.
This is a life most American consider the American Dream and by any standards Gotti had achieved it despite the means. This seems used to keep him tight in crime and show off that despite how he achieves his American dream, he still lived large (Smith, 2010).
Types of Criminals Gangs
Criminal Gangs, Cultural Gangs and Entrepreneurial Gangs
A sociological professor at New York University Jerome Skolnick has identified two types of criminal gangs; neighborhood based gangs (cultural gangs) and entrepreneurial gangs. Cultural gangs are the traditional turf oriented based in the neighborhood and involved in a number of crimes. Entrepreneurial gangs do exist purposely to gain wealth by criminal activities like that of sale of illegal drugs, manufacturing and or distributing such drugs (smith, 2010)
Gangster Disciple
Gangster Disciple is a gang based in a neighborhood in Chicago. They have one major cultural background and despite the fact that they have expanded their operations into other places outside Chicago, they have their roots still based in the Chicago neighborhood. They are thus classified under cultural gangs (Smith, 2010).
Conclusion
Criminal activities take many forms. There are many theories which explain how criminal activities and how each is applied will depend on different circumstances.
Over the last decade, there has been an increase in the number of crimes associated with college students. By comparing the current crime rates in all our college campuses, experts have indicated that campus crime rates have risen exponentially over the last century (Flowers 23).
Psychologists have blamed this unprecedented increase on stress, romantic obsession, relationship anguish, and drug abuse. Notably, relationship anguish, romantic obsession, and drug abuse have been cited as the leading causes of campus crimes in the U.S.
Currently, law enforcers, researchers and college administrators are struggling to find ways of controlling violence, crimes, and unusual behaviors within our colleges. On the other hand, students, staff, faculty, and external communities are being called upon to advocate for nonviolent behaviors and acts (Wessler & Margaret 45).
Through this, they will reduce their chances of falling victims of campus related crimes. This paper focuses on types of campus crimes, their causes, and the responsibilities college administrators have on their prevention.
Types of crimes and their causes
College crimes include all acts of breaking laws or rules governed by both college authorities and law enforcement authorities. The most rampant crimes committed by college students are binge drinking, underage drinking, and drug abuse. Other extreme crimes committed within the campuses are murder, burglary, robbery, vehicle theft, and sexual assaults.
According to the college administrators records, crimes in campuses were minimal in the 19th century and in the early 20th century. The decreased rate of crime was attributed to minimal student populations in colleges, few non-foreign college students, and strong cultural values.
In the early 20th century, there was an increased in the number of students accessing college education. To cope up with the increase, several colleges had to be expanded. Similarly, during this period, there was an increase in the number of foreign students in our colleges.
As the population increased, during the 20th century, the number of crimes within the college campuses skyrocketed. Currently, increase in campus crimes has been an issue to most college students and administrators.
It is noted that the increase in campus crimes affects the students, college administrators, college staff, and the community at large. In a recent U.S Campus survey, a report indicated that there is an increased in the number of murder crimes committed by college students.
This trend is not only disturbing, but also compromises on the relationships among students within the campus. In a similar survey, it is indicated that murder crimes in colleges mostly occur between the months of April and June. During this period, students are normally preoccupied with enormous class tasks.
It is believed that students exhibit high stress levels during the period. This concept is confirmed by rampant student unrest cases in between the period. College murder crimes are normally targeted at their fellow students, college staff members, and the college security officers.
For instance, In April 2007 at Virginia college campus a student armed with a pistol murdered 23 students and seriously wounded 25 other students. From this example, it is evident that college murder crimes are devastating.
Crimes such as murder, sexual assaults, and students molestation do not only affect the students safety, but also affect them psychologically (Bohmer 45). Students, who have fallen victims of such crimes normally depict withdrawal signs, and perform poorly in their academics.
In some extreme cases, affected students may drop out of their studies. This implies that the overall damage caused by campus crimes needs to be tackled.
Other common crimes in campuses are theft and burglary. Unlike murder crimes, the motives behind these crimes vary. their intentions differ from one college to another and from one student to another. It is believed that students family backgrounds and ethnic backgrounds are to be blamed for the increased in theft and burglary related crimes.
According to the recent investigations carried out by the police, more students from humble background are involved in theft cases, as compared to those from affluent backgrounds. Although some people have disagreed with these investigations, it should be noted that students from humble background are at higher risk of committing theft and burglary crimes to meet their demands.
According to some individuals, peer pressure is a major cause of theft and burglary crimes in campus. On the contrary, some researchers believe that the major cause of theft and burglary crimes in college campus is still uncertain.
Other types of crimes in college campus are attributed to students behaviors. Among these crimes are drug abuse, student molestation, and sexual assault. In the last decade, cases of sexual assault have increased immensely in most of college campuses (Schwartz & Walter 123).
Alcohol abuse and other substance abuse have contributed hugely to the increase in crime rates. Most students, who have been involved in sexual assault cases, have reported that they were influenced by alcohol and substance abuse to perpetuate these crimes.
Another campus crime common in all colleges is binge drinking. Binge drinking has become a public issue in most college campuses. According to the National Institute of Alcohol and Alcoholism (NIAAA), binge drinking among student has been on the rise. Involvement in binge drinking affects students cognitive measures.
Through this, those involved may be tempted to behave in unruly behaviors, and may end up being expelled from campus. Eventually, these students may also end up with alcohol related disorders.
Most campus crimes are committed within the college vicinity. College administrators have confirmed that campus crimes are perpetuated within their colleges and their neighboring communities.
Theft and burglary crimes are rampant in the college hostels during the deserted times. These are the times when most of the students are in their classes. On the other hand, most sexual assault crimes are committed in private, isolated places inside and outside the college campuses.
Colleges responsibilities
To end these crimes, college administrators, law enforcers and student leaders should be more agile and innovative in the development of new solutions to these complex challenges caused by campus crimes. Solutions to these crimes should be achieved without compromising the state of our learning institutions.
Stakeholders should act swiftly to ensure that these crimes are minimized. In this regard, strict laws and regulation should be implemented to curb the ever-increasing rate of crime in our colleges. Apart from enforcing strict laws, relevant measures should be put in place to thwart the damages caused by these crimes.
These measures may be gained through introducing and restructuring social clubs in colleges. Through this, students idling time will be reduced. In this essence, social clubs should come up with innovative and attractive programs to keep the students engaged.
Other ways to ensure that students are refrained from such crimes are introduction of social education in all campuses. Through this, all campus students will be informed on the repercussions of various campus crimes and ways to avoid the vices.
Similarly, through the college counseling programs, more students should be identified to offer counseling services to other students. It is believed that student-to-student counseling approach will be effective in reducing the increasing cases of college crimes.
Similarly, through this approach effects of alcohol and substance abuse will be discussed openly enhancing awareness among students.
It is believed that if the entire college student population could cooperate with both student leaders and student counselors, 40% of the current college crimes could be avoided (Smith & Richard 107). This implies that colleges should ensure that the students elect effective and morally upright student leaders.
Another solution can be achieved through community workshops. Workshops can be conducted in the community to educate the community on the significance of maintaining a peaceful society. Through these workshops, parents will be advised on the need to counsel their children to be morally upright individuals.
Conclusion
In conclusion, college administrators have the ultimate responsibility in ensuring that college related crimes are reduced (Paludi 48). They should provide appropriate security within all campuses. Similarly, all colleges must ensure that their security systems function effectively. In so doing, safety performance would be enhanced.
Equally, college Safety departments should provide appropriate training to their security officers to reduce conflicts between them and the students. In addition, college administrators should work collectively with the law enforcers in identifying criminal students in and within their campuses.
Works Cited
Bohmer, Carol, and Andrea Parrot. Sexual assault on campus: the problem and the solution . New York: Lexington Books ;, 1993. Print.
Flowers, R. Barri. College crime: a statistical study of offenses on American campuses . Jefferson, N.C.: McFarland & Co., 2009. Print.
Schwartz, Martin D., and Walter S. DeKeseredy. Sexual assault on the college campus : the role of male peer support. Thousand Oaks, Calif.: Sage Publications, 1997. Print.
Smith, Michael Clay, and Richard Fossey. Crime on campus: legal issues and campus administration . Phoenix, Ariz.: Oryx Press, 1995. Print.
Wessler, Stephen, and Margaret Moss. Hate crimes on campus: the problem and efforts to confront it. Washington, DC: U.S. Dept. of Justice, Office of Justice Programs Bureau of Justice Assistance , 2001. Print.
For a better comprehension of the legal system in China, there is a need to appreciate the countrys political, social, cultural, and historical inclinations. the current legal system in china is a pointer to several influences, such as the deeply-rooted philosophies and culture of classical China like Confucianism, Daoism, and Legalism (Clarke, 2008). In addition, the legal system, in china is also gets influenced by external forces in the country. An external of such an external force influence is the extraterritorial privileges that have been exerted onto the country, through the Treaty System that China enjoys with the powers of the West. This treaty system is what eventually coerced China to embrace the legal principles of the West (for example, the continental code of European nations).
Following the ascending into the power of the Communist Party in China, in 1949, the laws in China felt a heavy influence as a result of the political philosophies of Mao Zedong and Marxism-Leninism (Diamant & Lubman, 2005). These are philosophies that the Communist Party subscribed to, and was also keen to have the people of the Republic of China follow. For the last two decades, China has embraced several regulations and laws from a number of international fronts (Head, 2009). This is especially the case in such areas of the economy as foreign investment, commerce, and regulations over securities.
As we continue to witness reforms in the Chinese economy it is important to realize that the country has managed to borrow legal standards from a number of its partners in trade (Potter, 2001). In effect, this has resulted in enhanced efforts towards developing an establishment of confidence in as far as foreign investors are concerned, as well as the ability to make room for the wave of entrepreneurial capitalism that appears to have engulfed this nation.
Chinas legal system
There is evidence of the existence of the legal system that the Tang dynasty sought to perfect, between 618 and 906 A. D. if we were to lay focus on the institutions present in this system, what confronts us first is the existence of an intimate connection of the legal system and the central governments system of administration. The government system which evolved in the country following its unification as early as the third Century B. C. was made up of a central government that was quite robust, under the leadership of an emperor. Such an emperor had established its dominion via a system of bureaucracy that was centralized. This is a structure that the ruling dynasty sought to maintain, up to 1911, when the empire came to an end (Hsu, 2003).
Given that the fundamental elements of the Chinese legal system happened to have been a collection of rules that the Emperor had promulgated, it was deemed necessary to have the word code used in reference to a collection of the legal system (Clarke, 2008). In line with this, each of the successive dynasties was characterized by an individual code, whose name was a reflection of the reigning dynasty (for example, the Qing Code or the Great Ming Code). As the official legal system formed a significant part of the empires apparatus of the government, once the empire had collapsed in 1911 it was not a wonder then that the Chinese legal system would as well disappear. Before then, we can document a clear state of continuity of the dynasty system in China that spanned from the Tang dynasty, up to the end of the empire rule, in 1911. This was the time when the Qing dynasty reigned.
At the heart of the legal system of China lie two laws; the Li and the Confucian laws. One of the striking similarities between these two sets of laws is that both of them seek to have social order maintained. On the other hand, the two laws are different in the sense that they disagree in principle as regards what may be seen as constituting social order, in addition to the various means through which such a social order could be arrived at (Hse, 2003). However, it is worthy of note that prior to the turn of the nineteenth century the legal system in China was yet to experience a profound change. The Confucian nation of the legal system in China is a testament to one of the most fundamental developments in as far as the countys legal system is concerned (Clarke, 2008). This was the Chinese law that had been modernized, in the 20th century.
At about the second century B. C., already Confucianism had established itself as a philosophy of the state, and its followers started exerting their political influence in a bid to apply and interpret the law, as per the doctrines of Confucianism. Also, there was a need to integrate the Confucianism doctrine with Li. At the start of the 20th century, there were attempts by the government of China to both modernize and revise the laws of the country (Hse, 2008). This was mainly due to external pressure on the country, from across its borders. What followed then is that the Peoples Republic of China had to formulate codes of its laws that resembled those from the Western countries.
In as much as China may have embraced the Western laws, it is important to note here that there is no single archaic law in China that may be regarded as being inferior to those that the country may have borrowed from the West. In 1949, the Peoples Republic of China sought to have all the laws that had been advanced by the former state, China Republic, abolished. What this means is that a profound legal vacuum remained (Chen, 2002). Nevertheless, there appears to have been little, if any, need to formally establish a legal system, at least in a majority of the areas that touched on national life. The main reason behind this is that the economy of China was at the time mainly prone to planning by the state. As such, it was still possible to resolve conflict with no need for referring to the duties and legal rights.
The political turmoil that kept happening opposed any profound legal system development in China between 1949 and 1979. As such, real development in as far as the legal system in China may be said to have happened after 1979. In reference to the law reforms in China after 1978, it is important to realize that in the absence of laws, a state lacks a basis with which to punish offenders and exercise power, in addition to regulation of its civil affairs. According to Clarke (2008), the post-1978 legal reforms in China were necessary for the purposes of instituting the democracy of the people. Secondly, there was a need to have laws passed, in addition to having the legal system strengthened
The modern history of China started during the 1911 revolution that led to the demise of the Qing dynasty. The following four decades were characterized by foreign aggression and civil war, and these vices acted to disintegrate the Chinese Republic. However, the Communist Party ascended into power in 1949 and sought to once again unify the Chinese people (Diamant & Lubman, 2005). The communist regime assumed the legal system of the Soviet Union and was made up of four agencies. First, the police were charged with the responsibility of detection, investigation, and preparing for criminal cases assessment. The public security ministry oversees the police department. Next, the procurators had the mandate to initiate public prosecution, as well as issue arrests warrants. Then we have the courts whose role is adjudication. Finally, there are the correction centers that fall under the justice ministry.
Between 1949 and 1979, China may at best be described as having undergone three decades of lawlessness. In this case, the country had in place a legal system that had neither a criminal code nor its procedure. The counterrevolutionaries punishment Act, and which was publicized around 1951, acted as the main criminal legislation. This act interpreted a majority of the acts as being subversive in behavior, or counterrevolutionary (Potter, 2001). In present-day China, law occupies a higher position than it ever did in the history of the country. This follows more than two decades of the local and national congress energetically fighting for the legislation. In effect, novel institutions and legal rights have come about. The bar, courts, and legal education have all witnessed a revival. In addition, there has also been a fashioning of the foreign investment framework.
Seeing that now China has increased its reliance on the laws of the country, what this means is that the aspect of dispute handling has also been affected. In one were to review the history of China, this move is not one that is unprecedented (Cohen & Hsu, 2003). Nevertheless, following a deepening with regard to market reforms, coupled with widening social inequality, legal reforms (these includes arbitration and mediation commission, as well as the courts, among others), now greatly impacts on the society and politics of China. Seeing that now law is considered as an instrument in trade, social control and legitimacy, it is not in doubt now that indeed, the legal system in China matters more than ever before. In comparison to the past years, the China of today is characterized by additional laws, a large number of people whose legal knowledge may at best be described as being rudimentary, and a law that is daily proving quite accessible to those in need of it.
It is very easy for one to misunderstand the Chinese legal system. This is because to most people (both foreigners and the Chinese alike), the thought of the Chinese law bring to mind a Western type of legal system. With such a mindset, most people anticipate such elements of the law as bar and the bench, and law of contracts, among others. Currently, there are a number of Chinese institutions that at best may be regarded as modern imports. However, these did not exist several years ago. In the absence of the Western type of a legal system, the Chinese legal system was (and still is) characterized by copious statements that were mainly issued by the nations prominent thinkers, principally taking into consideration Confucius. These statements show great hostility to what we think of as law (Cohen & Hsu, 2003).
Confucius himself is quoted as having said: In hearing cases, I am as good as anyone, but what is really needed is to bring about that there are no cases (Cohen & Hsu, 2003). Lately, a Chinese barrister in Hong Kong, had this to say to Cohen, at a time when he was commencing on his research study on the legal system of China: The trouble with you Westerners is that youve never got beyond that primitive stage you call the rule of the law. Youre al preoccupied with the rule of the law. China has always known that law is not enough to govern a society. She knew it twenty-five hundred years ago, and she knows it today (Cohen & Hsu, 2003).
Based on the above statement, one would be forgiven for arriving at a conclusion that China does not have in place a legal system. Although this does not hold any evidence, it is not that hard to realize how such a belief came about. Additionally, the legal system in China may be said to have changed drastically (Head & Wang, 2005). On paper, the present-day China possesses all the apparatus necessary for a legal system that befits the Western countries. Nevertheless, China as a country continues to feel the deep influence of its traditions. In light of this, any form of study that attempts to assess the legal system in China, and which only lay emphasis on the institutions and statues that China may have imitated from the West, may very well reach at a wrong conclusion.
According to Cohen and Hsu (2003), the prevailing law reforms program in China hinges to a great extent on the traditions of the country, regardless of whether such laws are recent, or ancient. Consequently, the final form that the legal system in China will assume, shall more often than not differ, in comparison to any law system that is foreign to China, and which the country would opt to imitate. Donald Clarke, while writing his article, Puzzling observations in Chinese law: when is a riddle just a mistake? notes the inherent methodological handicap in the choice of a yardstick with which we may rely on to assess the legal system in China. Clarke offers the suggestion that for a better comprehension of the legal system in China, there is a need to evaluate diverse models of such laws, along with vital internal relationships of the system (Clarke, 2008).
Cohen has also explored an article by Natalie Lichtenstein titled, Law in Chinas economic development: an essay from afar . In this article, the author articulates the role played by the Chinese legal system in the current transformation of the country to a market economy, from an economy that was previously characterized by central planning (Clarke, 2008).
Lichtenstein should know better, having had enormous experiences as an expert in Chinese law. She tries to assess the main developments that have been witnessed by legal institutions in China, in addition to the development of the economic laws in China for the last twenty years.
Chinese legal system and the economic relationship
Chinas economic reform was from the outset characterized by a realization that the law plays a vital role in the economy of any one given country. Nevertheless, it is not this role that was at the front of the minds of those who believe in the economic development process. In addition, these early policy reforms gave no serious thought as to the place of the private sector, in as far as the aspect of the economy are concerned. The idea was to come up with better ways and means of ensuring that the state-owned sectors were run in a smooth manner (Ghai, 1997).
As such, little thought seems to have been given to the entrepreneurial spirit that the Chinese people were exhibiting.
To better understand the initial reform of the legal system in China, it would be best if we could appreciate the fact that these reforms were crafted with a view to not only discrediting past ideological controls to the economy of China, but also to replace these. There was also the need to replace a bureaucratic system of internal communication. As it were, the conventional system had failed to impose order and unity on the government processes. For that reason, there was a need to come up with a new system. Specifically, a principle intention of the proponents of the new legal system was with a view to ensuring that the government operations attained regularity. This was also targeted at the policymaking process, to remedy the excessive devolution of power from the center and the resultant policy inconsistencies (Clarke, 2008).
Within the realm of the Chinese economy, the idea of having a law was for purposes of acting as a regulatory mechanism for the state-owned enterprises operations. This was with the aim of substituting the previous bargaining regime that was quite particularistic with one that is impersonal, strict, and is governed by universalistic rules. Such rules seek to impose on the managers of an enterprise discipline, while at the same time also encouraging efficiency within an enterprise (Cohen & Hsu, 2003). The law responsible for the economic relations in China is a pointer to the selective adaptation dynamics that may be evidence anywhere in the legal system of the country.
Nevertheless, contrary to other legal institution areas as property, contract, as well ads human rights, the law system of foreign economic relations is usually averse to direct reform pressures, thanks to the interests of foreigners. For this reason, the ensuing system could possibly be regarded as being more reflective of foreign norms and practices that the legal regimes of primarily domestic concern (Clarke, 2008). However, those legal cultural norms at the local levels and which are aligned to the state control and therefore in support of the ruling party are still quite dominant. Following an application to have access to relations with the WTO, coupled with the resulting negotiations, the law system of china, from the perspective of foreign business, has encountered profound pressure, in a bid to have it become aligned to the governance liberal norms that are interrelated with the system in the world market.
For purposes of complying with WTO and the General Agreement on Trade and Tariffs (GATT) requirements, it has become necessary for China to revise the administration and legislation regulations that are already in force. It will be necessary to have a majority of the laws that touches on foreign exchange, taxation, enterprise law, intellectual property, pricing, and bankruptcy revised, as per the WTO stipulations. Even as profound regulatory reform shall be deemed necessary for purposes of ensuring that diverse market sectors that China has created are arrived at, what may even be more vital at the moment, are the necessary systemic reforms on the regulatory and legal system in totality, for purposes of compliance. Unmistakably, China shall often oppose an assimilation of these types of norms that are usually less critical (Chen, 2002). In addition, the legal culture of the country at the local level shall also continue playing a significant role in as far as the economic endeavors of the country are concerned.
China is in the process of establishing a transparent and stable external system of economic management. In addition, the country hopes to also establish a lawful environment in the future, as per the stipulations of the market economy, in addition to an implementation of those obligations that the country had to assume when it was accepted as a WTO member. In July, 2004, the countrys revised foreign laws of trade came into force (Head, 2009). This in itself may be seen as a fundamental economic cooperation and foreign trade for the Peoples Republic of China. In addition, it may also be worthwhile to look at this development as a platform for the creation of a system of managing trade and a management system for the Chinese government, in accordance to the international laws of trade.
Perhaps a vital element of the conventional law in China that needs to be explored hare is a revelation that the system of law in China at the dynastic era bears no influence at all from the Western society. At the same time, China was already endowed with massive land, as well as a population that was equivalent to, if not greater than, that found in Western Europe. Following the cue of missionaries from the West, who saw it fit to correct the defective Chinese system of religion (Cohen & Hsu, 2003), the jurists from the West have also sought to illustrate to the people of China what proper legal system is like (Cohen & Hsu, 2003). At the initial stage, the people of China were largely opposed to this move. However, they later yielded, with the result that the People Republic of China had in place a new legal system that bore resemblance to the system of the legal system in Europe. Nonetheless, the Chinese people were not entirely convinced.
Conclusion
The legal system in China may at best be seen as an amalgamation of the traditional philosophies of Chinese thinkers, and the codes of modern law that the country has borrowed from the Western countries. Indeed, the dynasty state that for a long time established itself in China up to 1911 has had a profound impact on the legal system in China (Cohen & Hsu, 2003). Even after the Communist party during the time of Mao Zedong in 1949 came into power, the regime tried to apply the Marxist-Leninism philosophy. For the next three decades, it was quite hard to institute any law reforms to the legal system of China. Nevertheless, real reforms may be said to have taken place post 1978 (Clarke, 2008), following a piling up of pressure on the Chinese government from the Western countries. In addition, China, being a signatory member to such the WTO and GATT, had to emulate the legal system of the West, as per the regulations of these organizations.
References
Chen, G. B. (2002). Law Without Lawyers, Justice Without Courts. Gower House, England: Ashgate Publishing Limited.
Clarke, D. C. (2008). Understanding Chinas legal system: essays in honor of Jerome A. Cohen Chinas Legal System. Dobbs Ferry, New York: Transnational Publishers Inc.
Cohen, J. A., & Hsu, S. A. (2003). Chinas Legal System. New York: New York University press.
Diamant, N. J., & Lubman, S. B. (2005). Engaging the Law in China. Stanford California: Stanford University Press.
Ghai, Y. (1997). Hong Kongs New Constitutional Order. Hong Kong: Honk Kong University Press.
Head, J. W. & Wang, Y. (2005). Law Codes In Dynastic China. Durham, North Carolina: Carolina Academic Press.
Head, J. W. (2009).Chinas Legal Soul. Durham, North Carolina: Carolina Academic Press.
Hsu, S. C. (2003). Understanding Chinas Legal System. New York: New York University Press.
Potter, P. B. (2001). The Chinese legal system: globalization and local legal culture. London: Routledge.
Jack the ripper is an alias name of an unknown serial killer who killed many prostitutes in London in 1888. The criminal came to be called so after someone wrote a letter at the time of the murders, claiming he was the killer. He was also called by two other names, Whitechapel murderer and leather belt. The murders were around and in the districts of Whitechapel, Spitalfields, Aldgate. City of London proper was also involved in some of them. Jack the ripper became famous because he was the first to do so many crimes at a time when the people were literate and the press played a huge role is a society. There are no correct details of how many women were killed by him. It is generally believed that he killed five, but there are also other opinions that he killed only four and seven and so on. The press and some of the junior police officers believe that he killed women. Out of that, five are known to everyone.
The method used by Jack the ripper was understood only after several years. He stood face to face with the victims and as the victims lifted their skirts, and was defenseless, he strangled the victims throats until either they were dead or unconscious. After one of his operations, he wiped off his knife with a piece of the victims apron and also left a chalked message which read, The Juwes are the men That Will not be blamed for nothing. (Ryder and Johnno). The police could not charge any suspect in the cases, because there was not enough evidence in any of them. The police received two letters and a postcard, all claiming to be from the criminal. Five days after the first letter, the police received a postcard in which was written about a double event. This came the day after he killed two women and the earlier letter was mentioned in it. This initially made the police wonder if it was actually the criminal. But later on, police came to the conclusion that it was the work of probably a journalist. Years later, it was proved that a journalist was behind the letter and the postcard. The next letter sent to the police also had a packet with it, containing a part of a kidney. This one seemed more probable because one of the victims suffered from Brights disease and the description of the kidney seemed to be similar to Brights disease kidney.
In 1894, Sir Melville Macnaghten, then Chief Constable, in a report mentioned three names that he called as top suspects, but the later investigation and studies failed to find the real culprit. After a long unsuccessful investigation, the police closed the file in 1892. In the later years, many books and articles were written about Jack the ripper. But all of them were just myths and attempts to unveil what actually happened in London during that autumn. Even after almost two centuries, Jack the Ripper remains a fascinating case.
There have been several conjectures to the actual identity of the Ripper even though none of them have been proved to date. A British surgeon had conjectured that he was from an aristocratic family and even hinted that the person might actually be Prince Albert Victor, Duke of Clarence and Avondale. What was more dramatic was that this person was the grandson of the reigning monarch of England at that time, Queen Victoria. According to this doctor, the ripper had a stint in the West Indies and had contracted syphilis during his stay there. Advanced stages of this disease had driven him insane and resulted in the brutal killings mentioned above. There is no proof either of the fact of the Ripper contracting syphilis or that he was indeed related to the Royal family of England. It is one of the more fascinating and gruesome crime mysteries in the world today and it is doubtful whether the original identity of the serial killer will ever be known. The story remains fascinating to those who are addicted to crime. It is also one of the most famous cases where the killer had never been caught and his identity revealed.
In the article Crimes against Humanity, Ward Churchill describes the most terrible and impressive crimes that affected our civilization. Throughout the essay, he puts a lot of words and phrases in quotation marks to underline the unique and figurative meaning of these phrases. Most of the words and phrases put in quotation marks are used in figurative meaning: warpaint , no big deal , good, clean fun , good cheer , inoffensiveness (536, 537).
His initial response is to find refuge in objectivity, in a brief discourse on the historical origins followed by the most objective and scientific description that yet appears in the essay. Such language oversimplifies; it is too stipulative, too parched, too bare of the contradictory impulses that feed Churchills work. The images represent a deliberate and continuing attempt to signify the unsaponifiable. Out of this impulse both to reach beyond the literal and tap the subliminal power of a word, To some extent, words and phrases in quotation marks attract readers attention and appeal to emotions. Churchill has introduced into his work a particular kind of figurative meaning: he underlines the irony and humor, sarcasm and mockery.
Also, Churchill puts in quotation marks historical terms and personal names: Jungle Bunnies , Chief Illiniwik , Slopes , Gooks , the Washington team, crime against humanity. It would be difficult for a reader to understand the nature and meaning of these words without quotation marks which highlight a special meaning of the phrases. The narrators character thus becomes the chief means of persuasion.
The main effect of quotation marks is close attention to the phrases and words. The power of the fused image is that it locates itself ambiguously, between the literal and the figurative. It possesses no clear border, thus denying the reader any clear ground for a response. It can help develop in readers the kind of understanding and appreciation of style that they lack and sorely need. What these quotations toward greater simplicity and directness do is impart an air of authenticity to the authors voice which leads one to identify with his point of view and thus share his experience and the sharp sense of personality.
But even these findings are useful since they demonstrate that stylistic effects typically result from a combination of devices, and not necessarily the ones that would first come to mind. Also, these phrases make the narration more vivid and impassive, colorful, and personal. For instance, Churchill writes: Understand that the treatment of Indians in American popular culture is not cute or amusing , or a good clean fun (543). Success or failure in that effort is proportionate to our ability to share those feelings. The authors voice has not seemed especially visible to other readers. Churchill has called attention to the consequences of questioning the speaking subject.
Churchill talks about the special status of people in history. The ordinary becomes metaphorical; the unquestioned observer becomes figurative, a figure of bias and difference. Churchill gives readers what appears to be the natural, real-world of experience and breaks it open, to expose its figurativeness. Churchill admits the painful sacrifice of self-involved in the pursuit of knowledge. All in all, these statements and pieces engage a wide range of issues and problems concerning the purpose of the essay, the subject matter of the essay, the form of the essay and the style.
Works Cited
Churchill, W. Crimes Against Humanity. pp. 536-543.