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Criminology and Trait theories
Criminology
Name
Institution
Criminology
Trait theories argues that criminal behavior stems from biological or psychological characteristics of an individual and, therefore, controls coping mechanisms and eventually they lead to criminal behavior. Modern trait theorists indicate that there is no single physical or biological element that can be used to explain crime, but instead every criminal has a unique set of features that explain their actions. In this way, such traits could be hereditary, other may have neurological problems and other findings show that criminals may possess blood chemistry disorders that enhance antisocial behaviors. For example, people who appear impulsive, daring and even aggressive are more likely to engage in criminal activities than individuals who delay gratification, seem guarded and sensitive to the needs of other people (Siegel, 2014).
The social conflict and critical criminology critiques the trait theories by arguing that criminal activities are fueled by social conflicts. Through the social conflict, based on the rich and the poor, the people in power generate laws that favor them and keep the poor in check. In essence, criminals are not just social misfits who have specific attributes, but individuals who have received the raw end of the struggle and seek alternative methods of gaining wealth, status and also survival (Siegel, 2014, p. 200).
The general theory states that people who lack self-control are often short-sighted, impulsive, risk-takers and insensitive to the feelings of others. The lack of self-control is not the main cause of criminal activity, but the absence of self-controls results in other “analogous” actions. In essence, because people with no self-control engage in impulsive actions, they also face problems in social interactions; easily engage in drugs, and other rude behaviors. This “generality” in general theory characterized by lack of self-control stems from parenting. In this way, parents need to recognize bad behavior and correct it appropriately (Siegel, 2014).
However, social conflict and critical criminology through instrumental theory declares that criminal activities occur because of the wide gap between the rich and the poor. Through the capitalist scheme, the poor result to crime owing to the natural frustration of seeing the affluence publicized but it becomes unattainable. The abuse of political, social or media power by the wealthy allows them to control the behaviors of the poor or marginalized, and the pressure results to crimes (Siegel, 2014, p. 203).
Reference
Siegel, L. (2014). Criminology: The Core. Kentucky: Cengage Learning.
Snyder v. Phelps
Name
Lecturer
Course
Date
Snyder v. Phelps
In this case, Phelps was charged in the court of law for uttering words which were deemed to have caused emotional distress to others. After the determination of his case in the court of law, the plaintiff decided to appeal the case to the Supreme Court of United States. It was held that speech made in public places such as sidewalks should not be considered as a tort. It can not be liable for any emotional distress as was claimed. Hence, the conduct of Phelps during the funeral of one of his family members should not have been perceived to be targeting anyone. He never had any ill motive because he was just expressing his freedom of speech granted to him by the American constitution under the First Amendment.
He was not contravening any law because he was just acting within the amendment which gives him free to express his ideas both in private and public places. The same would apply to the statement he made during the funeral. Snyder wee not justified to appeal the case because Phelps speech had nothing to do with his position in the society. He did not interfere with anyone’s state of emotion. Any feeling which might have been made by the bereaved family must have been ill informed (Bates, T., 2006)..
The court ruling was not unfair because it was done after a critical analysis of the law. In his ruling, Chief Justice John Roberts categorically said that the defendant’s actions did not, in any way, interfere with the funeral arrangement as it had been arranged before. Even if it could be outrageous in a way, the court ruled that it was a picketing case. Hence, it did not disturb the memorial service at all. Meaning, the appellant had to lose the case because the court decided that Phelps be freed.
Chaplinsky v. New Hampshire
In this case, Chaplalinansky had been convicted in the Supreme Court of Hampshire for fighting words doctrine. As a follower of the Jehovah Witness denomination, he was perceived to be some how extreme in his preaching. Therefore, upon being warned for causing public disturbance during his road side preaching, he went ahead and hurled insults at Marshall. This made him be convicted in the court of law before appealing this case.
As used in this case, fighting word doctrine is the practice of using spoken words to express violence or hatred towards a certain target. In this case, the defendant had been charged with using abusive and insulting words to harass Marshal who was just enjoying his time in the streets. Upon being advised from causing commotion by his public preaching, Chaplinsky decided to tell him, ‘You are a God damned racketeer! You are a damned Fascist!’ This indicates that he was not happy with the way he had been criticized for his preaching. As a follower of the Jehovah Witness, Chaplinsky as appearing to be in opposition of most of the doctrines of the mainstream churches. Therefore, by telling Marshal such statements, it means that he was expressing his anger to him (Richard A., 2007).
I would like to agree with the court for convicting him. First, the hurling of insults is a violation of the freedom of speech provided by the First and Fourth Amendments of the American constitution. It can never be regarded as an expression of idea. Moreover, it is a contravention of the Hampshire law to intentionally address any offensive speech to any person who is in a public place. It is illegal since it can cause embarrassment and emotional torture to the person to whom it is directed. I agree with the decision of the court.
Works Cited
Bates, T. One Family’s Fight Against the Westboro Baptist Church. New York: AOL, 2006.
Richard A. Free Speech on Trial: Communication Perspectives on Landmark Supreme Court
Decisions. Tuscaloosa, AL: University of Alabama Press. 2007 pp. 85–99.
Criminology and Criminal Justice
Criminology and Criminal Justice
Author
Institution
Introduction
Indeterminate sentencing refers to the sentence awarded to law breakers where the prison term imposed does not give a specific release date rather it gives a range of time like two-to-twenty years. This is different from structured sentencing where offenders are classified based on their crime’s severity and gravity and extent of their criminal record, both of which would inform the judges on the sentencing options as to the type and length of the sentences that should be imposed (Siegel, 2010). Some states have, however, abandoned indeterminate sentencing citing the fact that the model does not recognize the basic principle of awarding sentencing including equity, proportionality, as well as social debt (Siegel, 2010). Three types of structured sentences are used in the current justice systems including community, active (prison or jail) and intermediate. Nevertheless, intermediate sentencing has been more effective in deterring crime as the individuals would know that they are under constant watch, with the consequences hanging over their heads (Siegel, 2010).
Topic 2:
While indeterminate sentencing is yet to be entirely eliminated, some states abandoned it as it came with uncertainty and disparity on the length of sentence thereby introducing inequality (Fleisher & Krienert, 2006). Structured sentencing, on the other hand, involves the use of criminal record and gravity of the crime to determine the length and type of sentence to be given to an offender (Fleisher & Krienert, 2006). There are three models of structured sentencing including intermediate, active sentencing involving jail terms, and community sentences. Intermediate sentence model holds the best promise for long-term crime reduction considering that the individual offender would already be experiencing some mild consequences of the offense committed and still have something to lose if no change of behavior is noticed (Fleisher & Krienert, 2006).
Inmate Culture
Journal entries: Lady
Everything in this place seems ridiculous. The clothes are a far cry from fashionable, the food is not only stale but too little and there do not seem to be any room for anything. Sharing the sleeping space with strangers is undoubtedly not the best definition of a good place. When did prison warders become so mean? What does the older, more heavily built inmates gain by being mean to me? The screams in the dead of the night give some answers on why some people have bleeding faces or fearsome scars.
Journal Entries: Male prisoner
The bonds of brotherhood are broken immediately I enter the prison and new ones formed albeit at a too high price. Joining a team necessitates some sacrifices with some of the personal ideals being thrown out of the window. Sexual boundaries and ideals have are sacrificed, beatings endured, food foregone for older inmates, and an oath of silence despite all made. Now I understand why prison is not so desirable.
2. Incarcerating individuals is an efficient way of reforming individuals. Not only would the consequences be clear but also some lessons and rehabilitation programs are offered for reform. However, the fear of incarceration is not enough to deter crime as there are misconceptions about the same for individuals who are yet to be incarcerated. Individuals who are incarcerated have already gone through the system and see nothing big in the same.
Journals: Female inmate
The weight of the sentence is overbearing especially considering that I cannot see my relatives and friends as often as I want. Now I know how priceless freedom can be. I always assumed that we are sisters. This place proves otherwise. Everyone is mean to everyone despite the fact that we are under the same system. Damp and crowded living areas, unpleasant cellmates and the harassing older prisoners are the epitome of inhumanity.
Journal Entries: Male Inmate.
The first lesson is to forget everything one learnt in the outside world, of course, except any fighting lessons. They can come in handy here but they can spark chaos and revenge from which no warden or prisoner can protect you. One learns why human beings are animals, and why the word “savage” does not begin to describe the things that happen in prisons from fellow men.
Part 2. Based on the experiences in the journal entries, this is an extremely effective deterrent mechanism as it underlines the high price of these offenses. The fear of incarceration fails to deter crime as it is sometimes seen as a graduation or initiation stage to higher ranks in the criminal world.
References
Siegel, L. J. (2010). Introduction to criminal justice. Belmont, CA: Wadsworth, Cengage Learning.
Fleisher, M.S & Krienert, J.L (2006). The Culture of Prison Sexual Violence. New York: National Institute of Justice