This piece of writing will examine how the law addresses the development of ‘unlawful conduct’ in our society as a result of social, political, technological and economical changes. It will discuss, the role of Parliament, the judiciary, ECHR and other institutions in reforming the law, to ensure that it is up to date and efficiently meets the exigencies of our society. We normally relate unlawful conduct to criminal activity whereby individuals engage in theft, drugs and murder. In business we also find criminal activity such as fraud, industrial espionage and tax evasion. Other forms of unlawful conduct are associated with civil disputes, these may occur, when neighbours argue about music being played excessively loud. …show more content…
The complexities of a broad range of business transactions, the private ownership of property by individuals and companies, call for changes in law to counteract any new unlawful activity. These examples show that, for a conduct to be categorised as ‘unlawful’, it is imperative to reflect on how moral considerations, concepts of harm, technological advancements and economic effects, have a bearing on the conduct. Smoking and drinking alcohol are considered immoral and harmful by certain sectors of society, however they cannot be categorised as unlawful. This brings to mind the ‘enforceability of the law’, a number of factors determine the criminalisation of a conduct, public perception, the rights of people and changes in morality. These considerations prompt the following questions: What mechanisms are available to deal with newly developed practices, which may result in unlawful conduct? What entities play an important role in harmonising law and conduct? Parliament introduces many laws in response to new developments, for example, The Human Reproductive Cloning Act 2001, this Act regulated the cloning of human embryos as a result of a breakthrough by US scientists and the impact this development could have on British society. The use of a mobile phone when driving a vehicle was prohibited by the introduction of new laws. The Judiciary also plays
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on one subject. This aspect of law reform is set out in S.3 of the Law
Society has put many factors on itself to govern the people in hopes of maintaining peace and keeping order and fairness. Society in the United States tries to maintain peace and keeping order by writing laws and enforcing them by police and other governing agencies and also ensuring a fair process for those accused.
Some People argue that ‘’criminal behaviour in violation of the criminal law is not a crime unless its prohibited by the criminal Law’’ (Sutherland & Cressey (1924/1970 in John Muncie pp4).The criminal Law is a set of specific rules that regard human behaviour which has been publicized by the political power, which applies equally to all the members of the population. No matter how moral, dangerous or damaging it is to the society it is not a crime unless the authorities, the government have made it a law. This is quite dangerous because offenders might commit crimes which are not likely to break the law and might not be classified as crime. This article by Taipan argues that ‘’only those who are criminals have been adjudicated as such by the courts’’ (Tappan, 1947, in John Muncie p.100).Some circumstances must be meet an act before it can be classified as crime these are
Does culture change the law, or does the law change culture? Many historians have tried to answer this question but none can agree on the answer. In response to this question I will be using historical evidence to support both questions because both can be right. In 1933 Adolf Hitler and his Nazi Party seized power in Germany. Soon afterward, the Nazi Party began to make laws against Jews. Slowly, laws and propaganda made people show resentment toward the Jewish people. This is an example of the law changing culture because laws and propaganda made people believe that Jews were evil. In a 1954 case titled, Brown vs. Board of education of Topeka, It was ruled that separate but equal education of blacks and white students was unconstitutional.
Our current ideology on crime and justice dates back to thousands of years back. This paper will compare and contrast our system and sense of crime and justice with the society Malinowski describes in “The Law in Breach and the Restoration of Order”. In our modern era, it is acceptable to think Hammurabi code is ideal to pursue crime and justice or Cesare Beccaria’s approach towards the pursue of justice is best for the society. To each to its own when it comes to this based on their own values. But regardless of how extreme, or mild our societies thought can be to sought after justice for crimes, the ultimate purpose of all of it to teach a lesson to the individual who committed the crime and to others.
The dispute over the letter of the law versus the spirit of the law is one that has likely generated exegetic debate for centuries. Although it would be tempting to reduce the conflict of literalist interpretation and radicalization as a split between Jewish and Christian tradition, a deeper reading into the foundation of this dispute yields a more comprehensive analysis of the argument. In the three synoptic gospels, and in the book of John, Christ teaches that laws were not put in place solely to instill fear of punishment, but for the benefit of its practitioners. It is in the Sabbath’s reinterpretation, through Christ’s liberal compassion, that the Old Testament transition of letter to spirit is fully evolved, and that the son of man operates to fulfill the spirits of his disciples, not condemn them.
In our history juveniles have been accused of many crimes, and have been sentenced as adults even though some juveniles are so young that the thought of such a long sentence is crazy. Over the years many laws and systems have changed to accommodate the rise of crime from juveniles to perhaps treat them rather than punish them as adults. With many juvenile cases over the years, these cases have helped shape the system to accommodate better for juveniles and there rights.
Being charged with a crime is one thing, but the defense you choose is an entirely different ball game. “In the field of criminal law, there are variations of situations that will tend to contradict elements of a crime, known as a defense”. When someone is charged with a crime the kind of defense that they choose could in the end determine their destiny with the case. The criminal defense a person chooses to use will depend on the crime they are charged with and the evidence they have at their disposal. “Whether a person has a federal criminal attorney, a state criminal attorney, or a public defender, a defense strategy should always be discussed before they enter the court room”. There is a variety of defenses that exist in our criminal justice system. In this essay I will be taking a close look at two different cases that have pleaded two different types of criminal defenses. I will take a look at the nature and types of defenses used in the cases and what evidence was used to help demonstrate that defense. I will also describe how justification and excuse played a role in the cases and lastly I will be describing the outcome of each case.
The world is at a constant struggle to push away Crime from society but crime persists and is very much like thorns on a simple pine apple fruit. All you can do is to try to remove them and enjoy your fruit but next fruit taken will again have them. Society can be said to have same characteristics and is made in such a way that crime will persist in each and every era we live in, but this doesn’t stand as a valid illustration to sit back and do nothing, crime has to be reduced as far as possible and society is in constant process of fighting it. The crime can only be fought well with the laws which are capable and not obsolete and does not violate the human rights which reside with each and every individual. An incompetent law has no utility if it does not fulfill its criteria for which it was made. And hence demand for repealing such laws is observed by the collective conscience of the society.
The focal points of criminal laws are to keep order in society so that turmoil amongst individuals is condoned in where it creates an environment where it reduces the iniquity individuals may cause to one another. Criminal laws create a code of conduct in a sense in where all people present in the population weather they are citizens or not be held accountable for their actions. An individual who is charged with a major crime will go through the trial process for their actions. Then, their punishment would be either a fines, jail/prison times, probation, community based punishments, and or a criminal sentence; which can lead to life in jail or death penalty based on the severity of the case.
Man-made laws appear to have been in place for thousands of years, with the original purpose of the laws being to satisfy the wishes of a higher power- God. Due to the fact that laws were based off of religious scriptures, there was a clear guidance for lawmakers as to which acts should be classed as illegal. As time has progressed, and the role of religion in laws declined, there have been questions asked as to how the lawmakers are able to draw a distinction between acts which are permissible, and those which are impermissible.
Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In the modern world, there are three choices in dealing with criminals’ namely criminal punishment, private action and executive control. Although both private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in exceptional situations. The second purpose of criminal law is to punish the offender. Punishing the offender is the most important purpose of criminal law