Essays on Retribution

The term ‘actus reus’ refers to the physical component of the crime, while ‘mens rea’ addresses the mental aspect of the offence. Situations, when the alleged perpetrator has the actus reus, but lack mens rea can be different, and a solution depends on the constituent components of a particular crime. First of all, strict liability offences and a range of other offences that differ across statutes and common law under different jurisdictions do not require proving mens rea. Strict liability often refers to minor offences (e.g., selling alcohol to an under-aged individual), where it is hard to determine the ...

Hitler and the Nazi party came to power in 1933 by 1939 they had begun their quest to invade and rule all of Europe. During this time, unknown to the rest of Europe Hitler and the Nazis were also implementing their “final solution” which was the systematic execution of Jews and any others that they deemed not suitable to exist in the ideal society that Hitler had been selling to the German people through his speeches and propaganda (Kershaw, 2008, pgs. 36-43). Once the Allied forces defeated the Nazi forces and Hitler escaped his judicial fate by committing suicide. ...

Introduction

One of the most common strategies of criminal defense attorneys when representing a defendant who has an unusual condition such as a mental abnormality, is to argue either that regardless of their actions, they are nevertheless not responsible for the crime or that they never had the capacity to commit a crime. The reason that criminal defense attorneys can make these arguments is that criminal law recognizes a number of unique situations where otherwise criminal conduct should not be subjected to a determination of guilt and the offender should be exempted from the crime (LaFave, 2000). These arguments, which ...

Abstract

This book review examines the book Criminals in the Bible by Professor Mark Jones. It examines the bases and features of criminal justice and the criminalizing process across different timelines and eras. The review examines the constitutional elements of different criminal justice systems and generations and how it relates to specific aspects of society. The book review assesses and evaluates some of the elements of society including chapter analysis and how serious crimes occur. The main discovery of this book review is that crime and criminalizing is done within the context and framework of dominant constitutional processes and generally ...

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Introduction: Domestic violence: profile of an offender

In the past, an act of domestic violence was not considered as a matter that merits the engagement of the law. Though men have pummeled, maltreated, and molested their intimate partners for years, the common comprehension of society was that abuse and maltreatment of women was as a part of the marriage. It was only to the end of the 1970s that domestic violence was understood as a criminal offense that warranted the involvement of the criminal justice system. However, there has been much contention as to the establishment of a general, universally accepted ...

Introduction

Born in India, on the territory of present-day Nepal, Buddha not only influenced Indian culture and spiritually, but has also become one of the world’s most appreciated systems of belief. Buddhism emerged at a very specific moment in the history of India, when the changes in the political and philosophical realm coincided with the different problems in the society (Begum 2013). Buddhism, which emerged as a new and surprising religion, contradicted many of the Brahmanical beliefs which people in India shared in the 6th century B.C. The Buddha’s concerns and the vision on the society, which is ...

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Introduction Death, as a form of punishment, is being practiced even in the earliest days of human civilization. The people of ancient Mesopotamia, during the time of Hammurabi, have been observed to perform death sentences on certain transgressions and immoral acts, as determined by their codes . Similarly, the Hebrews has also been using death as a capital punishment for several transgressions under their law. The traditional Law of Moses, which can also be read in the Christian bible, is, in fact, a relic of the age old tradition of exacting death penalty that has been practiced for ...

Introduction

The novel, The Scarlet Letter, written by Nathaniel Hawthorne in 1850, has a protagonist named Hester Prynne who was forced to live in solitude for her act of adultery. The novel is phased in the era of 1960s which is almost two centuries prior to its year of publication and aims at explaining the plight of a woman who was forced to live with the imposed consequences by the members of the Puritan community in the city of Salem, Massachusetts. With respect to the analysis of her character in the novel, there are some stark contradictions affixed to her ...

This paper considers the shared ideas among Homer, Dante Alighieri, Virgil, and the anonymous writer of Sir Gawain and the Green Knight. The idea of paradise and hell, right, and wrong, retribution, and reward are evident in the texts with some of them bearing a close resemblance to each other. For the conclusion, there will be an analysis of how the authors’ perceptions echo in present-day societies. Perhaps the most common theme availed in all the reading is pride. In the texts, pride dominates the actions of the heroes and even propels some to act irrationally for the sake ...

The death penalty remains a most controversial topic not only in the ‘US but the rest of the world for many years now. It was in 1622 that the first execution took place in the United States in Virginia for a criminal in the American colonies as stated by Marcus (838). Many oppose while several others support the death penalty. What adds to the debatable issue are the process, mistakes, and costs involved. The last execution in the US took place in 2015. The paper considers all those issues related to the death penalty and if it is the ...

Ghost stories and narratives can take many different forms and change according to history, location and culture. What is considered scary in one culture could be dismissed as a fantastic tale or a comical narrative by another. The cultural values and everyday narratives of the people in a certain location determine what is scary and what is not. The West and the East have different cultural values and beliefs. They differ not only in simple matters such as greeting a stranger but also in the principles that govern their conduct in life and business. These differences are also evident ...

Introduction

The type and theory of punishment a convicted criminal receives different in different parts of the world. The rehabilitative theory of punishment had been used predominately in early America but had the system has transformed into a retributive model. Many Western Countries adhere to the theory of rehabilitation as a theory of punishment. On the other hand, there are many countries to favor the retributive model of punishment. Middle Eastern, African and Asian countries adhere to the idea that the offender must pay for the crime. Both the rehabilitative and retribution theory of punishment have social and philosophical implications. ...

The law of the contrapasso in Dante’s Inferno is one of the laws of nature with an application to hell. It denotes that for individuals crimes committed by every sinner there must exist an equal punishment, The punishment according to the law of the contrapasso is neither simple nor obvious. It is a punishment that is related to the crime on a metaphoric rather than literal basis on sin. The law of the contrapasso can also be defined as divine retribution. This paper seeks to examine and analyze the law of the contrapasso as it relates to complex ...

Ethical Principles

Frank, and many like her have helped me to mold my ethical stance, that being virtue ethics. I believe upholding a strong character, demonstrating compassion, temperance, and wisdom, while exemplifying ethical decisions in all I do is most important. If I lead by example, I am able to show others how rewarding virtue ethics, as a stance, can be. Moreover, if I am able to show others that acting ethically is profoundly rewarding, more individuals will act with high ethical character, and begin to avoid normal vices that often tempt us from ethical actions, like selfishness, retribution, and greed. ...

It takes a great deal of effort to trust, and once that is lost then it takes a monumental amount of effort to get it back. The committing of a crime against another is a betrayal not only to an individual but to society in general, as it proves that the perpetrator cannot be trusted to exist in an ordered manner among their fellow citizens. In breaking that trust it is often seen that criminals will be labeled for the rest of their days as convicts, untrustworthy and unable to be seen as anything other than a lawbreaker and ...

Laura Blumenfeld’s article, “The Apology: Letters from a Terrorist” is a detailed account of her interactions with the person who had shot at her father. Speaking to his family and writing to him she tries to understand the reasons for his action. The back and forth writing ends with Laura telling Omar and his family who she really is and omar writes her father a letter of apology. Laura’s article is not only a personal account but raises important questions over the issue of terrorism and how the notion of revenge plays into it. Terrorism is not ...

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During my first reading of “The Bronze Horseman” I have come to idea that the poem and its narrative character are quite difficult for understanding. The one who is not familiar with the historical context of the poem may not catch the main idea of Pushkin’s work. So I decided to learn more about Russia and its history. I have consulted many sources, read some books and information from the Internet. And I have once again become convinced how helpful it could be for the understanding of literary work. Besides broadening my outlook, it ...

One of the purposes of criminal law is to impress upon the public the necessity of acting in a manner that society or the state deems desirable. One way that the state achieves this purpose is to impose punishment on those found guilty of undesirable conduct (LaFave, 2000). Naturally, over the course of criminal law in human history, multiple theories of punishment have been developed. Two such theories are contained in the classical and positivist schools of criminological analysis. In order to understand the differences between these two schools, it is important to first understand some of their fundamental ...

Ghost stories and narratives can take many different forms and change according to the history, location and culture of a place. What is considered scary in one culture could be dismissed as a fantastic tale or a comical narrative by another culture. The cultural values and every day narratives of the people in a certain physical location determines what is scary and what is not. The west and the east have different cultural values and beliefs. they differ not only in simple matters such as greeting a stranger but also the principles that govern their conduct in life and ...

In what ways do the five sentencing philosophies provide difference answers to this question?

In what ways do the five sentencing philosophies provide different answers to this question? Classical theories provide that punishment should fit the crime. In order for punishment to fit the crime, criminal law should provide reasonable penalties for crimes and the criminal justice system should apply these penalties in a reasonable manner (Akers, 1999). Scientific alternative interventions for criminal behavior point to pathways for fitting punishment to the criminal. Whether the punishment fits the crime or the punishment fits the criminal depends on which of the five sentencing philosophies govern the punishment of a crime. Deterrence is one sentencing ...

Argumentative Essay: Capital Punishment

Introduction Capital punishment is one of the most controversial topics pertaining to criminal punishment. For many years, this issue has been debated, yet until today, no conclusive position has been reached especially in the United States. Discussing the issue of capital punishment is important primarily because people are divided on whether capital punishment should be imposed or abolished. Furthermore, capital punishment raises an ethical dilemma that needs to be resolved since it is crucial in achieving a just justice system. This paper would like to argue that capital punishment is a just form of punishment.

The arguments that support ...

Introduction

Punishment is the system used by society to enforce the desired standards of conduct, and to deal with the offender after a crime has been committed . Two common theories of punishment include the retribution theory and the incapacitation theory. The retribution theory seeks to punish an offender who has committed a criminal act. The incapacitation theory seeks to deter or prevent future crime. Both theories seek to convey justice.

Retribution theory

The retribution theory of punishment is the oldest theory of punishment. The retribution theory of punishment rests on the idea that those who violate the law should be punished for ...

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Introduction Capital punishment is the legal remedy afforded by the state that legitimizes the punishment of death penalty for those criminals who have violated a particular law. Such method of punishment is not new. In fact, in the history of mankind, the capital punishment has been observed. Various forms of capital punishment such as stoning, burning, hanging, beheading, crucifying, etc., can be observed in various societies and cultures of the world that goes back as far as history can tell. Today, the imposition of capital punishment has survived. And though there are modern ways of taking someone’ ...

Analysis of the Character of Shakespeare's Macbeth in the Social and Historical Contexts

The play "Macbeth" by William Shakespeare, which is based on the Scottish history, appears to be not so much a work of art as a political response to the era in which it was necessary to develop a Scottish theme, emphasize the historical friendship of England and Scotland, and tell about the popular witches and witchcraft at the new royal court. Undoubtedly, tragedies are the creative heritage of William Shakespeare. They express the power of his brilliant mind and the essence of his era, precisely because the subsequent periods comprehended their conflicts through the prism of the Shakespearean works ...

Retributive rationale and Utilitarian Rationale

In retributive rationale, the idea of retribution is to ensure that an act of wrong is balanced in the form of punishment inflicted on the offender (Blackburn, Fowler and Pollock, 2012). It is important to note that retribution does not involve a revenge mission as the people giving the punishment have been given the authority to do so by law. The process of deciding the punishment to be done on the offender requires a certain specific procedure to be followed (Blackburn, Fowler and Pollock, 2012). The victim cannot be granted the power to provide punishment for the offender as ...

There are differences on the correctional systems in different countries. For instance, some countries openly advocate for death sentence while others do not. For instance countries like Mozambique, Cape Verde, Namibia, Angola and south Africa have abolished death sentence for all crimes. Others which enable death sentence are In the US crime, for which the death sentence can be imposed include; murder related to smuggling of foreigners, murder as a result of a drug shoot-out, killing a congress member, murder associated with the transportation of explosives, among others.

Death sentence in the US serves two main purposes; “retribution” and “deterrence” ( ...

We live in a time when more people refuse to believe in the existence of God. The ethical guidelines given in divine revelations are being implemented to much lesser degree than ever before. Yet, the religion of Islam is growing each year at an astounding rate and Muslims are known to practice their religion in day to day lives. The ethics and morality preached through religious texts can be considered as legitimate only if they are considered to be of divine origin. The same reasoning applies to the religion of Islam too. Muslims around the world believe that the laws ...

Ethical Arguments Against Capital Punishment

Morality can be defined as “The quality of being in accord with standards of right or good conduct.” (thefreedictionary).

The morality of capital punishment is an heavily contested issue and one that often polarises people’s views. However, in 2011 and in a leading civilised nation such as the U.S. it is arguable that there can be no circumstances in which sentencing a person to death is acceptable. America is known around the world as being a well-respected, leading democracy. The act of punishing people by death is an ancient one; it is also one that no longer has place in society.

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