Preview

Problems of Society (Law, Crime, Punishment)

Powerful Essays
Open Document
Open Document
7483 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Problems of Society (Law, Crime, Punishment)
Problems of Society (Law, Crime, Punishment)
Definition of Legal system
Legal systems can be split between civil law and common law systems. The term "civil law" referring to a legal system should not be confused with "civil law" as a group of legal subjects distinct from criminal or public law. A third type of legal system—accepted by some countries without separation of church and state—is religious law, based on scriptures. The specific system that a country is ruled by is often determined by its history, connections with other countries, or its adherence to international standards. The sources that jurisdictions adopt as authoritatively binding are the defining features of any legal system. Yet classification is a matter of form rather than substance, since similar rules often prevail.

What are the legal systems in Mauritius?
The hybrid legal system in Mauritius combines both the civil and common law practices. The legal system is governed by both the French Code Napoleon and the British law. Mauritius maintained its Commonwealth membership after its accession to the status of republic. The right of appeal to the Judicial Committee of the Privy Council in London is applicable.

Different types of Punishment
Imprisonment
Imprisonment or incarceration, wherein the person is put in jail as a lawful punishment, is perhaps one of the most common forms of punishment is the world. Retribution, i.e. the act of correcting a person for his misconduct, is the main purpose of imprisonment. But this also serves other purposes like deterrence, incapacitation and rehabilitation. The term, or the period, that the convict has to spend in the prison depends on several factors, most prominent ones being the area of jurisdiction and severity of the crime. Even though it is the most common form of punishment, even imprisonment has been subjected to intense criticism as a result of incidents wherein people falsely accused of a crime had to spend life term in prison.

You May Also Find These Documents Helpful

  • Better Essays

    The criminal justice system has many objectives which it intends to achieve through various punishments. One such objective is to deter social deviants by threatening them with the possibility of facing harsh punishment to pay for their crimes (Ferris & Stein, 2016). The criminal justice system also achieves retribution by responding to crime by retaliating or revenging the crime. The criminal justice system also incapacitates social deviants so as to protect members of the society through imprisonment or execution in some cases. Additionally, the system also intends to rehabilitate criminals so as to encourage them to refrain from socially deviant…

    • 1239 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    Law Marbury vs Maddison

    • 353 Words
    • 2 Pages

    I. Anglo-‐American law Systems of law: common & civil law (main difference lies in source of law (customs v code) Types of law: criminal law (state v defendant: freedom at issue, public law), civil law (plaintiff v defendant: money at issue, private law) and administrative law Common law: -‐ -‐ -‐ -‐ Largely uncodified…

    • 353 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Abstract: Based on the ideals of a penitentiary, what it should be like? What was the principal goal of a penitentiary? What were the differences between the two prison models? What were the benefits and drawbacks of each model? Which model was considered to be the winning model?…

    • 969 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The relationship between what society believes is important and worth protecting and how it is reflected in criminal law can be described in many ways. Society in general views actions such as murder, rape, robbery or even burglary as an act, evil in nature, public or of moral principles. These actions are considered to be Malum in se. Laws which are viewed as Malum prohibitum, consist of acts banned by laws such as speeding, drug use, or even prostitution. These acts are seen as regulatory infractions, more examples include, inside traders who illegally share information or avoiding tax payments. The only way for a person to be criminally prosecuted there must be proof that harm at any time was done to another.…

    • 419 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Philosophy Of Sentencing

    • 851 Words
    • 4 Pages

    The complexities of human nature, emotions, thought, morals and ethics have been debated for centuries, and the dilemma of sentencing another human to a form of corporal punishment, incarceration or death, requires a firm foundation in the laws of the land, tempered by years of study and dedication to the law one has sworn to uphold. The several reasons for sentencing of a crime is: Revenge, for an actual or perceived need for vengeance on a violation, usually one that is very personal and emotional in nature. Incapacitation, which is to prevent the criminal from repeating crimes against society by placing them into a correctional facility on a long term or permanent basis. Restoration, is a form of sentencing when the convening authority is attempting to protect the victims by helping them to feel safe and secure. Deterrence is a sentence where the courts attempt to prevent the subject of a crime from offending again. Retribution, which is probably the oldest reason for sentencing was utilized for equal punishment to the crime, drawing from the old adage “eye for an eye”. Lastly is the sentence of rehabilitation, which in societies modern view, the ideal and preferred sentence,…

    • 851 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Sentencing Paper

    • 2161 Words
    • 9 Pages

    There are various forms of sentencing that are used in the criminal justice system and each has its’ own rationale. These include but are not limited to the death penalty, incarceration, suspended sentence, probation, and restitution. The death penalty must be requested by the prosecutor and in some rare cases the defense. The death penalty can also be recommended by a jury, however only specific crimes are eligible for the death penalty. Most states require a certain number of witnesses in order to qualify the defendant for the death penalty. These crimes vary from state to state and include aggravated rape of a victim under 14 (including repeat offenses), espionage, piracy, ransom kidnapping, treason, and most commonly aggravated first degree murder. Incarceration is another popular form of sentencing. Although jail and prison are often used interchangeably, they differ. A prison sentence is typically longer and for those who commit felonies. A jail sentence is shorter and for those who commit misdemeanors, who are awaiting trial, or waiting to be transferred to a state facility. The ideology behind prisons is easy to recognize. We follow prisons in every…

    • 2161 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    In a contemporary society where crime takes place we expect the state authority to dispense justice in the form of punishment to maintain social solidarity. There are many forms of punishment that can be given to an offender, each with their own functions for the offender and society itself.…

    • 1349 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    English Legal System

    • 4681 Words
    • 19 Pages

    There are a number of sources of English law, and this is markedly different from some other jurisdictions, eg China and parts of continental Europe. In the UK, the legal system is a COMMON LAW LEGAL SYSTEM, as opposed to a CIVIL LAW SYSTEM.…

    • 4681 Words
    • 19 Pages
    Powerful Essays
  • Better Essays

    Around the world there are many different types of prisons. There are a few reasons why imprisonment is a good of a form of…

    • 900 Words
    • 3 Pages
    Better Essays
  • Better Essays

    In almost every society, there are crimes and violations of human rights. To deal with these things, there are laws that prescribe the prevention of their occurrences. However, if the law is broken, commensurate punishment is put on the violator. Depending on the seriousness of the crime, the punishment may be light such as imprisonment for up to one year with corresponding fines, or it could also be severe as death penalty.…

    • 2469 Words
    • 10 Pages
    Better Essays
  • Better Essays

    Corrections and Treatment

    • 947 Words
    • 4 Pages

    The differences between jails and prison are that jails are locally functioned short term imprisonment facilities initially constructed to grasp defendant’s subsequent capture and unresolved track. Prison is a habitation where sentenced criminals oblige time as sentence for violating the law is a comparatively new expansion in the conduct of criminals. Therefore, jails and prisons have important differences, and subsequently assist massively different purposes inside the criminal justice system. As already stated, jail is an imprisonment facility functioned by law local prosecution interventions to house prisoners for a many of reasons. Commonly, imprisonment in a jail survives less than a year. In the previous few time jails have progressed consequently enhanced circumstances for prisoners expending new expertise and administrations charms to harvest an additional flexible jail population (Schmallager 2011). The drive of a jail is to embrace individuals tangled in a capture, and is further probable faced near the establishment of the criminal justice development. The precise motives for imprisonment in jails differ extensively. Criminals might be waiting for an exact point, such as impeachment, trial, conviction, verdict, or conveyance to prison. Several jail inhabitants may have dishonored the parole or trial. If consequently orderly, certain may be attending a small term in jail as a verdict. Jails deliver impermanent protection quarters for urban and region law administration’s usage.…

    • 947 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Law 531

    • 690 Words
    • 3 Pages

    The traditional legal system of utilizes law as it is foundation for all decisions. Laws in the United States have four sources; constitutional, statutes and ordinance, common law and administrative. The features of these four are:…

    • 690 Words
    • 3 Pages
    Good Essays
  • Good Essays

    A criminal can commit one or more of a variety of crimes, depending on the severity of the crime. The first opportunity for a second chance is given here. The degree of punishment emitted to the convict is a measure of the law’s discernment on the eligibility of a criminal with regards to getting a second chance. Most punishments are either settled on monetary terms, like fines, or through jail terms. However, some cases of crime are such that a criminal is not given a second chance. These, like murder, warrant the sentence of lifetime imprisonment or even the death penalty. The effects of these two punishments are permanent and the convict is in no way given a second chance, unless the sentences are withdrawn.…

    • 376 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    law and society assignment

    • 3266 Words
    • 9 Pages

    Law circulates in social relations and usually the phrase legal culture is used to identify this. ‘The prefix legal characterizes an aspect of the general culture that is associated with law, legal institutions, legal actors and behaviour. Legal culture refers to an aggregate level (macro or group) phenomenon; legal consciousness usually refers to micro level social action, specifically the ways in which individuals interpret and mobilize legal meanings and signs.’…

    • 3266 Words
    • 9 Pages
    Powerful Essays
  • Satisfactory Essays

    The assumption among the older generation(s), (40-60+ years) is that by virtue of age, some implicit respect and special consideration is due. This attitude seems to be a leftover from a long-faded age of human history, one that originated the phrase, “respect your elders”. In times past, our “elders” were in fact those people in the tribe or community which held the most wisdom. “Elders” were usually composed of the elderly, and the elderly were a repository for a lifestyle that reflected the practical and profound wisdom of nature, (right living). In today’s world there is no such thing as an “elder” for the most part. There is only a great deal of “do as I say, but not as I do”. Instead of growing wiser, the majority of today’s elderly simply grow weaker, embittered and more deluded. In evaluating the current condition of the world, and the mental and physical state of this generation, no such respect or special consideration is due. Respect is not automatic it is earned, and the youth of today give all the respect to the older generations which they have earned, (which is for the most part, none whatsoever). A destroyed world that is the inheritance of the youth of today is not respectable. Neither is the hypocrisy and arrogance of those currently in charge of the status quo, who have destroyed it. Greed and arrogance are the legacy left today by the older generations. It is they who, in their ignorance and a “selling out” of what the soul knows to be correct, have worked for the obtaining of material wealth over all other things, including health, happiness, wisdom and right…

    • 283 Words
    • 2 Pages
    Satisfactory Essays