Criminal Justice: An Introduction to Philosophies, Theories by Ian Marsh

By Ian Marsh

This new textual content will inspire scholars to increase a deeper knowing of the context and the present workings of the legal justice process.

Part One deals a transparent, obtainable and complete evaluate of the main philosophical goals and sociological theories of punishment, the background of justice and punishment and the constructing point of view of victimology partly , the point of interest is at the major parts of the modern legal justice approach -- together with the police, the courts and judiciary, prisons and group consequences.

The energetic engagement of scholars with the cloth coated distinguishes this article from others within the quarter and makes it a true instructing source and precious textual content.

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Sample text

QUESTION BREAK: THE RITUALS OF PUNISHMENT In seeing punishment as a means of conveying moral messages and fostering social solidarity, Durkheim emphasised the importance of the rituals associated with the punishment, rather than the actual details of the particular punishment. With the decline in public punishment such as floggings or executions, these rituals tend nowadays to centre around the courtroom. They include 33 history and theories of crime and punishment the wearing of wigs and gowns and the process of the trial and the passing of sentence.

As societies evolved, so the religious crimes declined and crimes against the individual gradually took their place. The former, often seen as sacrileges, inspired greater passion and fear, and left little room for pity for the criminal. However, when the individual was the object of the crime, collective sentiments were less aroused and less fearful. As a consequence, as crime became less religious and more human, so punishment became less severe. Another variable in Durkheim’s discussion of crime and punishment is that of political power, which he refers to in the first law of penal evolution in claiming that as governments become more absolute, so the collective sentiments become stronger and more imbued with ‘religiosity’.

As societies evolved, so the religious crimes declined and crimes against the individual gradually took their place. The former, often seen as sacrileges, inspired greater passion and fear, and left little room for pity for the criminal. However, when the individual was the object of the crime, collective sentiments were less aroused and less fearful. As a consequence, as crime became less religious and more human, so punishment became less severe. Another variable in Durkheim’s discussion of crime and punishment is that of political power, which he refers to in the first law of penal evolution in claiming that as governments become more absolute, so the collective sentiments become stronger and more imbued with ‘religiosity’.

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