Sheridan King
Brandeis University
Legal Theory
To Deter Adult Sexual Assault Through Castration of the Guilty I will advance the thesis that lawmakers must create new sentencing guidelines regarding adult sexual assault offences. The results of the high level of accuracy computer created in conjunction with the Department of Justice, Google’s Special Project, and the Rand Corporation found that the best way to deter adult sexual assault is to castrate those found guilty. Therefore, by saying the lawmakers must create new sentencing guidelines, I mean that, the results of the high level of accuracy machine conclude valuable information that lawmakers must consider for the welfare of society, which is the primary duty of lawmakers. I have three
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Hart distinguishes three justificatory issues revolving the application of punishment. Firstly, the general justifying aim of a system of punishment is to determine the justification of creating and maintaining a system of punishments (Hart 1959, pg. 9). Hart defines this as “the application of the pains of punishment to an offender who is morally guilty,” which he later labels as “Retribution as a General Justifying Aim. Secondly, “retribution in Distribution” distinguishes who can properly be punished (Hart 1959, pg. 9). “Retribution in Distribution”, thus, can be defined as the insistence in which only those who have broken the law voluntarily may be punished (Hart 1959, pg. 9). Thirdly, Hart approaches the matter of determining the appropriate amount of punishment, which deals with defining the severity and methods of punishment (Hart 1959, pg. 9). Given these clarifications, I will not proceed to defending my …show more content…
1997. A Reply to van den Haag. The Death Penalty in America: Current Controversies. Oxford University Press.
Davis, Michael. 1990. The Death penalty, Civilization, and Inhumanness. Social Theory and Practice 16, no. 2: 245-59.
Greenfeld, Lawrence A. 1997. Sex Offenses and Offenders An Analysis of Data on Rape and Sexual Assault. Bureau of Justice Statistics.
Hart H.L.A. 1959. The Presidential Address: Prolegomenon to the Principle of Punishment. Proceedings of the Aristotelian Society New Series 60: 1-27.
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Reiman, Jeffrey. 1990. The Death Penalty, Deterrence, and Horribleness: Reply to Michael Davis. Social Theory and Practice 16, no. 2: 261-72.
Van Den Haag. 1997. The Death Penalty Once More. The Death Penalty in America: Current Controversies. Oxford University Press.
Zimring, Franklin, and Gordon Hawkins. 1973. Deterrence The Legal Threat in Crime Control. Chicago and London: The University of Chicago
About 43.9% of sex offenders identified both male and female perpetrators as opposed to 9.6% of nonsexual offenders. These individuals were exposed to more severe forms of victimization with a longer duration. Sex offenders endured an average of 5.6 years of abuse while nonsexual offenders experienced 3.9 years. Through the use of logistic regression analyses, Burton, Miller, and Shill (2002) concluded that method of operation and gender of abuser accurately predicts whether an individual will sexually offend. The analysis correctly predicted and placed 78.3% of the sex-offending males into their correct groups.
More than two centuries ago, the death penalty was commonplace in the United States, but today it is becoming increasingly rare. In the article “Should the Death Penalty Be Abolished?”, Diann Rust-Tierney argues that it should be abolished, and Joshua Marquis argues that it should not be abolished. Although the death penalty is prone to error and discrimination, the death penalty should not be abolished because several studies show that the death penalty has a clear deterrent effect, and we need capital punishment for those certain cases in which a killer is beyond redemption.
The Death Penalty, or capital punishment is nothing new in the world. SInce the dawn of civilization people were sentenced to death for sometimes even the most minor of crimes, such a theft. As the world has changed in the last few thousand years, so have attitudes toward the Death Penalty,yet it is still a punishment that is carried out throughout the world today. In the United States, as of July of 2015, 31 states in the Union actively carry out the death penalty. Only 19 states have abolished the death penalty and replaced it with life in prison without the possibility of parole as the maximum sentence. However, with the declining popularity of the death penalty in the United States and throughout the world, the question that needs to be
Mr Van Den Haag stance on the death penalty he reports that of the 20,000 yearly convicted homicides only 300 are issued the death penalty and the majority die from old age prior to being executed (Boss, 2012. pp 264).
This concluded that the victims has to be at least 18 years of age, the case was investigated by one of the five largest police departments in the country, a medical exam must have been completed by either the county hospital personnel's or the SANE program and the results of the exam were examined by the state crime lab. This resulted in a sample size of 137 cases, which is relatively small compared to the number of sexual assault victims. The research was conducted by collecting case outcome data, which was the dependent variable. The outcomes were placed into four different categories, which consisted of the following: referred by police for prosecution, referred to a prosecutor, but not warranted for prosecution, warranted by prosecutor, but dropped or trial acquit and guilt plea or trial conviction. This study also compared DNA analysis findings, medical records of the assault, demographic information of the victims and the offenders and the results of the court case in both of the groups. The results of the study revealed that there was a “significant increase in criminal justice system case progression pre-SANE to post-SANE” (Campbell et al., 2012, p.237) . More sexual assault cases were moving further through the system, resulted in an increase in the number of cases that were prosecuted. The results also found a seasonal effect, which addressed how cases that were processed in December were less likely to achieve a higher
Sexual offending can vary along a broad spectrum of behaviors, from non-contact offences such as exhibitionism to contact offenses such as rape. Much of the research on the nature of sexual offending
Female sex offending is an understudied phenomenon; consequently, there are scarcity amounts of studies within the last decade on female sexual offenders in the educational system (Martin, 2015; Blokland & Lussier, 2015; Kingston, 2014; McLeod, 2014; Ratliff & Watson, 2013; Austin, Plumm, Terrace, & Terrell, 2013; Solis & Benedek, 2012; Bexson, 2011; Knoll, 2010; Morgenbesser, 2010; and Wijkman, Bijleveld, and Hendricks, 2010). Previous studies have reported the behavior and characteristics of female sexual offenders to establish the profile for females who perpetrate abuse against children (for example, Ferguson & Meehan, 2005; Grayston & DeLuca 1999; and Faller, 1995). There is a consensus among social scientists that the factors thought
In this paper, the authors examine how the death penalty argument has changed in the last 25 years in the United States. They examine six specific issues: deterrence, incapacitation, caprice and bias, cost innocence and retribution; and how public opinion has change regarding these issues. They argue that social science research is changing the way Americans view the death penalty and suggest that Americans are moving toward an eventual abolition of the death penalty.
The authors discusses the results of the first known study to employ three control groups when researching female sex offenders. The study reviewed 31 female sex offenders (FSO), 31 male sex offenders (MSO), 31 female violent offenders (FO), and 31 male violent offenders (MO) using a 2 (female or male ) by 2 (sex or violent offender) design. Although the number of female sex offenders are increasing in infamy not much research is done. Overall, there are significant differences between female sex offenders and other criminal offenders, the majority of female sex offender victims are adolescents, between the ages 11-17 years, bulk of female sex offenders are acquainted with their victims by means of biological relation, and more female sex offenders
The next step is to critically analyze the data which is closely followed by the conceptualization of the information gained. Then, both broad and narrow treatment methods which are tailored for individual sexual offenders should be formulated. Finally, irrespective of scientists’, researchers’ and examiners’ personal held beliefs or individual bias concerning the data collected and examined, it should be judiciously and impartially disseminated in an effort to correctly educate the public, thus avoiding any undue or improper influencing (Levenson & D'Amora, 2007; Sample & Bray, 2006; Zgoba,
One of the oldest justifications for punishment involves the principles of retribution. Retribution (1900-1905) refers to an idea that offenders should be punished for committing a crime, but would not punish someone who was forced to commit a cri-me, i.e. duress. It can be sometimes be viewed as a
The presumption of guilt is used in the crime control model to distinguish individuals who are not going to fall into the innocent category (Reichel, 2013). This concept allows the procedural part of the law to handle an abundant amount of cases in as quickly as possible (Reichel, 2013). Law enforcement officers presume keep individuals in custody who they are set to believe are guilty and release individuals who are believed to be innocent back into the real world (Reichel, 2013). This only happens in there is sufficient evidence to presume guilt or innocence (Reiche l, 2013).In comparison, the presumption of innocent works a little differently. “Specifically, the presumption of innocence is a concept directing authorities about how they are
According to an Guardian article “Guilty, but not responsible” English, R. (2012), after testing several individuals delayed response time to directions given to raise their left or right hand when asked, it was discovered that it took almost 300 milliseconds before the brain could comprehend what it was doing. Unfortunately, I believe that we use the words insane, mental illness, crazy or incompetent loosely when describing a person that has murdered an individual which is why many people tend to use this as their defense when taken to court. However, I do believe that there are many people who have had traumatic injuries to their brain and can no longer operate in the normal behavior such as the E.V.R patient that was once a modeled citizen
A way for future researchers to overcome some of the limitations of this report would be to use a more recent report for the UCR. Specifically, future research should select a year that reports rape arrests for the perpetrators that raped male victims. Additionally, this research only focused on one variable of a crime, but there is more than one factor to consider when a crime takes place. Therefore, research should look at multiple possible variables when attempting to establish this type of relationship.
In 1939 Joe Arridy was convicted and executed for the 1936 rape and murder of a Pueblo Colorado schoolgirl despite serious doubts over his competence and guilt. Fast forward seventy two years and capital punishment is at its lowest rate in years, murder rates are at some of the lowest levels on record (Johnson). and Colorado governor Bill Ritter grants Arridy an unconditional pardon based on an “overwhelming body of evidence” and “an admission of guilt by someone else.” This is one of many cases where citizens have been executed for crimes they did not commit (“Executed”). Consequently, concerns of the constitutionality and morality of the death penalty are at the forefront of public focus. Additionally, even the effectiveness of this punishment is being called into question. According to the National Center for Victims of Crime, “The criminal justice system is the set of agencies and processes established by governments to control crime and impose penalties on those who violate laws” (“The Criminal”). A quick judgment says that both of these purposes are effectively achieved through the use of the capital punishment system. However, upon further review it is seen that the death penalty does not function effectively within the bounds of the criminal justice system in terms of crime deterrence and penalization, thus reviving the age old question of government condemning its people to death.