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Week 1 – Discussion 1 20 20
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Your initial discussion thread is due on Day 3 (Thursday) and you have until Day 7 (Monday) to respond to your classmates. Your grade will reflect both
the quality of your initial post and the depth of your responses. Refer to the Discussion Forum Grading Rubric under the Settings icon above for guidance
on how your discussion will be evaluated.
History of Criminal Law and Punishment [WLO: 1] [CLOs: 1, 3]
Prior to beginning work on this discussion, read Pioneers in Criminology: The Historical Development of Criminology
(http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=4793&context=jclc) and Evolution of Punishment
(http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=2635&context=jclc) . Additionally, watch 002 History of US Law and
What Is the Law? (https://youtu.be/IOa2KI59RYs)
Western societies have been punishing criminal actors since ancient Greece. This begs the question of whether or not punishment is an effective means
of crime control and recidivist reduction. As you explore the balance of freedom versus security and the history of criminal punishment, be willing to think
of new ways to address and deter criminal behavior.
If your last name begins with the letters A through L: Detail the history of criminal law. List and explain the major forces that created U.S. criminal
law. Provide an opinion of whether or not criminal law provides the most effective way to deal with crime and recidivism. Your post must weigh the
challenge between keeping people safe and protecting individual liberties. Offer one or two suggestions for improvement to the current criminal law
system within which we operate.
If your last name begins with the letters M through Z: Explain the history of punishment and its goals. Your response must detail the origins of
punishment, how notions of what is appropriate punishment is for a given circumstance over time, and an analysis of the effectiveness of modern
punishment methods and schemes. Offer one or two suggestions for improvement to methods of punishment currently in use.
Guided Response: Review several of your classmates posts. As you respond to your classmates for this discussion, consider the fact that societies
have been punishing people for crimes for millennia. Has the United States adequately deterred crime and/or reduced recidivism? Does punishment
work in all cases? What are alternatives to punishment to reduce crime rates?
You must respond to at least two of your classmates posts, and at least one of your posts must be to a student addressing the prompt that you did not
respond to in your initial, primary response. For example, if you responded to the history of punishment prompt, at least one of your two responses must
be to a student who responded to the history of criminal law discussion board.
Your responses must be at least 150 words of content and supported by a minimum of two scholarly and/or credible sources (i.e., classroom
materials or reliable, outside sources).
Support your responses with credible sourcing, either from the required readings this week, or from independent research that you conduct in the
Ashford University Library or online.
You are encouraged to post your required replies earlier in the week to promote more meaningful and interactive discourse in this discussion forum.
Continue to monitor the discussion forum until 5:00 p.m. (Mountain Time) on Day 7, and respond with robust dialogue to anyone who replies to your
initial post.
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(https:// Tammi Cleareld (https://ashford.instructure.com/courses/63628/users/3882)
Tuesday
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Class, looking back to look ahead provides invaluable insight. I am looking forward to a strong discussion start as we interact about:
Prior to beginning work on this discussion, read Pioneers in Criminology: The Historical Development of Criminology
(http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=4793&context=jclc) and Evolution of Punishment
(http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=2635&context=jclc) . Additionally, watch 002 History of US Law and
What Is the Law? (https://youtu.be/IOa2KI59RYs)
Reply
Western societies have been punishing criminal actors since ancient Greece. This begs the question of whether or not punishment is an effective
means of crime control and recidivist reduction. As you explore the balance of freedom versus security and the history of criminal punishment, be
willing to think of new ways to address and deter criminal behavior.
If your last name begins with the letters A through L: Detail the history of criminal law. List and explain the major forces that created U.S.
criminal law. Provide an opinion of whether or not criminal law provides the most effective way to deal with crime and recidivism. Your post must
weigh the challenge between keeping people safe and protecting individual liberties. Offer one or two suggestions for improvement to the current
criminal law system within which we operate.
If your last name begins with the letters M through Z: Explain the history of punishment and its goals. Your response must detail the origins
of punishment, how notions of what is appropriate punishment is for a given circumstance over time, and an analysis of the effectiveness of
modern punishment methods and schemes. Offer one or two suggestions for improvement to methods of punishment currently in use.
(https:/ Tammi Cleareld (https://ashford.instructure.com/courses/63628/users/3882)
Wednesday
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Hi Class, as a reminder, main posts are due tomorrow.
(https:// Patricia Harden (https://ashford.instructure.com/courses/63628/users/111903)
Wednesday
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Criminal Law is the body of law that deals with crimes. This could entail crimes that are threatening, harmful, destruction of property, and
interference with a person’s health or safety. These laws are established by a legislature, a group that has the authority to make laws.
The history of criminal law in a written set started with the Sumerian people. It was created approximately 2100-2050 B.C. and they were the first to
make a distinction between criminal and civil wrongdoings (Crimemuseum.org). The earliest documents that displayed criminal law in Europe were
after 1066 when the Duke of Normandy, William the Conqueror, attacked England. European law began to address criminal activity specifically by
the 18th century.
The US Constitution is the main source for criminal law, and through the Bill of Rights, the Constitution is responsible for several rules governing
criminal procedures. We have to remember that along with the US constitution, each state have their own constitution and case laws and they can
determine their own laws. The US constitution is considered the highest form of law and the states cannot reduce individual’s rights that are
protected by it, however, the states can increase civil liberties through state law (Books.google.com).
Statues are another source of criminal law and are also referred to as codes. These written laws were created by legislatures and it governs a city,
state, or a country by way of consent. State statutes cannot conflict with other federal laws and cannot conflict with the US constitution, but,
legislatures have the authority to change statues at will (Books.google.com).
Common law is also a source of criminal law and it is a law that evolved, as courts, judicial opinions and recognized customs. Common law is
responsible for the creation of crimes and is responsible for establishing defenses to crimes (Books.google.com).
I think that criminal law can be an effective way to deal with crime and recidivism. There is not a cure-all that will work for each individual that may
commit a crime. Each individual should be evaluated based on their demographics, background, or homelife to determine which punishment would
help to aid them in not becoming a repeat offender, but this not always afforded to a criminal.
There are challenges between keeping people safe while protecting individual liberties. The right to bear arms to protect yourself and using them
irresponsibly out of anger is something that society has to struggle with. To help prevent some gun violence, I think that legislatures should help law
enforcement by routinely reviewing their licensing laws and see if there are improvements that need to be made to ensure those gun owners who
were eligible in the past to purchase guns are still eligible through routine checks.
Criminal law and procedure retrieved from https://books.google.com/books? (https://books.google.com/books?
id=ZmLpAgAAQBAJ&printsec=frontcover&dq=criminal+law+and+procedure&hl=en&newbks=1&newbks_redir=0&sa=X&ved=2ahUKEwiFlfb2ztnoAhWHct8K
(https:// Emilio Mejias (https://ashford.instructure.com/courses/63628/users/197030)
Thursday
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When it comes to the origins of punishment from one of our texts it begins to detail that there is not an exact time when the beginning of
punishments occurred. However, over time in societies and cultures we have seen that punishments are something that is a consensus and is
something that has been agreed upon when it comes to a definition and or example. Punishment is an evil inflicted upon a wrongdoer, as a
wrongdoer, on behalf, and at the discretion of society in its corporate capacity, of which he is a permanent, or temporary, member.(Stearns, 1936-
1937, pg 219). In the early years punishment was mostly determined and seemed to be decided by interpretation from the bible and the biblical texts
as it talked about the forms of punishment of death by hanging, stoning, and whipping. It is here that we can determine that the penalties for serious
crimes during the time were found to be severe. However, in today’s modern time as we do have punishment by hanging as which was considered
one method of punishment after a death penalty sentence we have developed laws for which someone is convicted of this punishment rather than
by irritation and annoyance. In one example that was made from when settlers came to the U.S and arrived in 1620. One man was convicted of
killing his wife however, his penalty was that he was burned in the hand and then released. When in today’s society this would be something that
would be a long sentencing and possible death sentence depending on the state this occurred in. When it comes to today’s day and the
punishments handed out. 36 states have methods of the death penalty and by most due to constitutional laws that most are death by lethal injection.
When it comes to improvements on the punishments that are handed down to individuals. One of the improvements that I would suggest is figuring
out who should be sentenced to death. I suggest this because in today’s society there are a lot of high profile cases that we have seen over the
years that can be considered to be a debate on individuals who should be put to death rather than sentenced to life behind bars. There can be
multiple cases and individuals to point out in some circumstances, however, due to our rights by law to be represented and have access to court
hearings up to the supreme court. This can be something that takes time and I believe that being able to expedite those sentencing in some cases
where we clearly see that there are signs of guilty verdicts that it can change the way we look at the death penalty.
References:
Stearns. A. W. (1936). Evolution of punishment. Journal of Criminal Law and
Criminology, 27(2). doi:10.2307/1135604
The Clark County Prosecuting Attorney. (n.d). Methods of Execution.
http://www.clarkprosecutor.org/html/death/methods.htm (http://www.clarkprosecutor.org/html/death/methods.htm)
(https:/ Tammi Cleareld (https://ashford.instructure.com/courses/63628/users/3882)
Thursday
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We definitely saw many transitions in punishment. That took place for many reasons. In terms of pivot points, and key driving forces, what do you
consider most significant and why Emilio?
(https:/ Emilio Mejias (https://ashford.instructure.com/courses/63628/users/197030)
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When it comes to the driving forces I believe that it did come not to far after the American Revolution. I believe this was a driving force because as
we know before then when we were still under another countries ruler I believe along with everything going on and the want to become free and
be united. I think that at the time they did not agree with the rules and the laws that were implemented and I believe that was also another key
driving force when it came to the revolution. Being able to create our own laws and a justice system that we seemed fit for the American people at
the time was something that I believe they also wanted. Having a blueprint from previous years I believe they were able to come up with better
ways of dealing with criminals and from there I believe that is where the foundations were created for todays laws.
(https:// Junior Figueroa (https://ashford.instructure.com/courses/63628/users/83436)
Thursday
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Hi Class,
Criminal law is the system of law utilized to instill good order and disciple that has been practiced for thousands of year. Violators of law may be
tried in court to determine their innocence or guilt. The U.S. colonist used religion as a foundation for understanding the law, and even capital
punishment was the most prominent penalty; lesser sanctions were being implemented to fit minor crimes. Our founding fathers created the
constitution; they believed in a democracy that would enhance freedom by placing authority in the community to elect government officials. These
government officials are entrusted with decision and law-making for the well-being of our country.
The U.S. Constitution is a supreme law that seeks to restrain governments’ actions by its established checks and balances that would prevent any of
the three government branches from becoming too powerful and infringing on our civil liberties which are protected by law.
Repercussion for breaking criminal law can be imposed in many forms depending on the severity of the offense. “One common justification is
retribution: because the criminal broke the law, it is only fair or just that he or she suffers negative consequences” (Bell, 2016). Punishment could
range from prison time to death. I believe that the harsher the sentence, the more effective it may be with crime deterrence and recidivism, and in
the establishment of good order and discipline. “Bentham was much more concerned with the consequences of the act than with the motivation of
the act” (Clarence, 1959. Pg.4). There is a phrase that says, “it is better to beg for forgiveness than to ask for permission,” I would defer from this
phrase if I knew that the consequences outweigh the action taken this why I agree with Bentham’s point of view.
Laws are established rules and regulations that are unbiased as their penalties apply to everyone. Sanctions that hinder anyone from their most
precious things in life may serve as a deterrent. I believe that the criminal law system should have harsher punishment to improve the criminal law in
which we operate.
Reference
Bell Jeannine. (2016). Criminal Law. American Governance. Retrieved from Ashford University.
Clarence, R. J. (1959). The Historical Development of Criminology. Journal of Criminal Law Criminology. Retrieved from Ashford University.
Stearns, W. A. (1936). Evolution of Punishment. Journal of Criminal Law Criminology. Retrieved from Ashford University.
(https:/ Tammi Cleareld (https://ashford.instructure.com/courses/63628/users/3882)
Thursday
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There is definitely a lot of evolution, and some key areas of influence that are important, for context, when tracking through the history, and connections
Junior. Implications are a must. With that said, the hope is to control recidivism. Reform is a process. It is something that has not, and will not
stopped. It will, however, change directions. What do you consider to be some significant areas of influence in terms of direction changing as you look
ahead?
(https:/ Junior Figueroa (https://ashford.instructure.com/courses/63628/users/83436)
Friday
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Hi Dr. Clearfield,
I believe that when the punishment fits the crime, it may reduce recidivism. I think this because, according to Katz, harmdoing is not heavily relied
upon as a behavior that explains the crime. I believe that the consequence of the crime is what may deter recidivism. Some significant areas of
influence as we look ahead could be to have an improve standardization within the geographical organizations. States’ definitions of crime vary
within each other. “For example, in Iowa, the average sentence for motor vehicle theft was forty-seven months while the average sentence for the
same offense in New York was fourteen months” (2000 National Victim Assistance Academy). If we can all agree that motor vehicle theft is a
crime, why the punishment varies between states. I believe this to be a double standard, an offense, and the imposed sentence should
standardize across states.
Reference
2000 National Victim Assistance Academy. The Criminal Justice System Continuum. Retrieved from Ashford University
Bell Jeannine. (2016). Criminal Law. American Governance. Retrieved from Ashford University.
Reply
Clarence, R. J. (1959). The Historical Development of Criminology. Journal of Criminal Law Criminology. Retrieved from Ashford University.
Stearns, W. A. (1936). Evolution of Punishment. Journal of Criminal Law Criminology. Retrieved from Ashford University.
(https:// Ryan Filipski (https://ashford.instructure.com/courses/63628/users/140980)
Thursday
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Hello classmates,
Every society in human history had some sort of justice system. The factors that change are who has power and the limits are.
The US justice system and system of government in general were forged in the fires of history. There was a lot of debate around the model to follow.
Why not create a new one? The scholars at the time had a fondness for the historic works from Rome to Persia. The history of Etruscany and the
growth of Rome into a vast kingdom framed by fratricide and deceit, led to the virtues of the Roman Republic brought up from Hellenic teachings.
The Republic was still in development as they were still coming out of primitive times, but was strong and united against the tyrannical past.
However, they did not remain vigilant enough to see the decline in morality and the great need for a strong central command a dictator or Emperor
to save them from their impending doom. This was only to find out that their savior was deceitful and beset an age of unimaginable cruelty and
murder to the point where their control was absolute at least until they got murdered themselves or got caught up in some sort of petty power
struggle.
Why is all that relevant? Because this sums up our history as an accurate predictor based on our foundation. We must remain vigilant even though
our moral decline is evident and we will inevitably fall under true imperial rule sometime. The worst part is that it will be done by our own hands.
Our law system was founded under republican virtues and the checks and balances of power. It is not like the European powers of legislators and
executive are the same. Our constitution is like our bones” (Welcome to The Law. July 1, 2010). It is our foundation and besets the mindset that the
people have. It also empowers them to promote accountability for the leadership and for representation. The Founders feared too much Democracy
rightfully so. Their fear came from examining the Athenians who embraced direct democracy and realized they could not defeat the totalitarian
Spartans who were united and not conscripted. There was so much democracy that they couldnt control it and needed to create a strong leadership
to save them and that leadership seized power then kept it.
One of the best stories in Roman history was that of Cincinnatus. He was a man of noble birth, but always did the work of plebs farm work and
such. As Rome was being besieged by Barbarian tribes fleeing their homeland, he was called upon by popular decision to become the first dictator
of Rome. The powers of the office were virtually unlimited, but only for 6 months time. Cincinnatus dropped his plow and fought for Rome leading to
the barbarian defeat. Once his duty was done and Rome was safe, he gave up power and returned to his plow.
Our first elected president, General Washington, never wanted power or to be president. He was granted the office and served his two terms (there
were no term limits on the POTUS in the American Republic). Once his term was up, he selflessly left office in order to live in peace with his wife on
their farm, far away from Philadelphia. He was Cincinnatus because he left the plow and came back to it.
In my opinion, criminal law is essential as well as civil. Punishment is necessary to maintain peace. The question is who delegates it and what level
is necessary. Incapacitation ought to be favored over retribution. Our system doesnt have many procedures for deterrence for fear that law
enforcement would infringe on civil liberties. Rehabilitation is a good first approach but is not always possible, so we must incapacitate them.
Criminal law is essential but punishment is not an effective deterrent for most crimes. It must remain an option even though it doesnt make it right.
“Punishment is an evil inflicted upon a wrongdoer, as a wrongdoer, on behalf, and at the discretion of society (Stearns. A. W. 1936). Recidivism is a
separate issue. Poverty and upbringing are the biggest determining factors and it is our failure as a society, as communities, as parents, and as
mentors. Unfortunately, the only way to stop recidivism is to incapacitate.
The law is absolute but there is great debate about security versus freedom. Take the Civil Rights Movement for example. Those people were
fighting for their rights endowed to them by the Constitution and were being denied those rights. They showed civil disobedience to hopefully amend
the law to grant them security and freedom.
Something we could do to is grant more funding to public education and revitalize many of the impoverished sections of American cities. This will
help with recidivism, but not fix it. It is nearly impossible to completely redirect the most troublesome areas. Hopefully it will bring balance without
sacrificing freedom.
Reply
References
Stearns. A. W. (1936). Evolution of punishment. Journal of Criminal Law and
Criminology, 27(2). Retrieved fromhttps://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?
referer=&httpsredir=1&article=2635&context=jclc
Welcome to The Law. (July 1, 2010). 002 HISTORY OF US LAW AND WHAT IS THE LAW? Retrieved from
(https:/ Tammi Cleareld (https://ashford.instructure.com/courses/63628/users/3882)
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You made some important connections. Deterrence is definitely important. Deterrence can take the form of general, or specific deterrence. What is the
difference between the two, and why is that difference important to understand Ryan?
(https:// Cori Firman (https://ashford.instructure.com/courses/63628/users/90715)
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Criminal law is the system in which law focus directly on criminal behavior and the consequences that could be set forth. Criminal law often entails
crimes that have been deemed harmful to people or property. These crimes can be related to the health, safety or even moral welfare of individuals.
It is also important to note the severity of any given crime can often vary by State and County. The history of criminal law can be tracked all the way
back to 1066 when William the Conqueror invaded Europe. Since the early 18 century criminal law and the procedures set forth have been
constantly changing, to keep up with modern day times. It should be no surprise that the main force behind criminal law is the American Constitution.
Within the Constitution is the Bill of Rights which lays out specific rules and regulations for governing criminal law and even provides all American
with a list of rights that they are free to do.
I cannot say for certain that criminal law is the best approach in regards to recidivism and crime. Each State has different laws and regulations to
abide by which can make it confusing for offenders who do find themselves in different areas. Overall the Constitution does help to ensure that these
differences are not huge and we are still focusing on righting any wrong doings. The Constitution also helps protect individual liberties while ensuring
that consequences are given appropriately.
Reference:
Jeffery, C. R. (1959). Pioneers in criminology: The historical development of criminology (Links to an external site.)
(http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=4793&context=jclc) . Journal of Criminal Law and Criminology, 50(1),
3-19. doi:10.2307/1140864.
WelcometotheLAW. (2010, July 1).
002 History of US law and what is the law? (Links to an external site.) (https://youtu.be/IOa2KI59RYs)
(https://youtu.be/IOa2KI59RYs)
[Video file]. Retrieved from https://youtu.be/IOa2KI59RYs
th
(https:/
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Junior Figueroa (https://ashford.instructure.com/courses/63628/users/83436)
Saturday
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Hi Cori,
Crimes are broken down into civil and criminal offenses, civil been the most common as they are minor crimes that, as you mentioned, deal with
property and public harm. The first ten amendments of the constitution are known as the Bill of rights, and these rights guarantee individuals with civil
rights and liberties; however, there are certain limits to these rights. For example, you cannot shout bomb on a plane because it is considered a threat
to the passengers and can be punishable under federal law. Criminologist has sought the answer to crime in the behavior of the offender rather than in
criminal law (Clarence, 1959). I believe that when the punishment fits the crime, it may deter from recidivism; however, it is difficult to the precise on
this theory as there may be many variables on what drives the offender to commit the crime.
Reference
Bell Jeannine. (2016). Criminal Law. American Governance. Retrieved from Ashford University.
Clarence, R. J. (1959). The Historical Development of Criminology. Journal of Criminal Law Criminology. Retrieved from Ashford University.
(https:// Dawayne Harterson (https://ashford.instructure.com/courses/63628/users/19670)
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Criminal law first began as a way for a person to be held responsible and punished for an action that a community of people agrees is socially
unacceptable (Chamelin 2015). One of the first examples, The Code of Hammurabi, was written down by the Babylonians circa 2100 B.C (Prince
1904). The Code of Hammurabi basically states that the punishment should fit the crime. As people progressed so did the law. That included the
United States. Early US criminal law began with the original English settlers (Chamelin 2015). When they settled, they brought the English common
law to which they were accustomed. At this same time, the rest of the world governed under a civil law. As America started to adapt and diversify, the
realization that the common law practices they were accustomed to is not how they wanted to proceed with the development of their new country.
The founding fathers decided on a combination of common law and civil law (Chamelin 2015). They wrote the Constitution and made it where it
would be able to stand up through the changing times as well as be somewhat flexible when unforeseen problems did arise. The Constitution
allowed each state to adopt either a common law or civil law as its basis for criminal law and yet made sure all the states are under the sovereignty
of the federal government.
Although criminal law provides an effective way to deal with crime, I am not sure it, alone, is the best way to prevent the person from relapsing back
to criminal activities in the future. I agree that if someone does a crime, he or she needs to suffer the consequences that are fair for the particular
crime (Edwards 2019). I definitely think our society does a great job of implementing both schools of criminology. If we can understand both the
biological aspects and the environmental factors then recidivism can be reduced (Jeffery 1959). I think we are in an era where going to prison isnt
seen as a bad thing and therefore not really a deterrent (Stearns 1936). I am not sure there is an easy answer to this problem but if I were to guess
education is going to be one of the primary ways to prevent falling into crime initially and ever relapsing back into this way of life. I think we as a
society we need to implement a punishment but also provide positive reinforcement to help individuals realize that there are other options (Stearns
1936).
References
Chamelin, N. C. (2015). Essentials of criminal law. Prentice Hall.
Edwards, James (2019 ed) “Theories of Criminal Law”, The Stanford Encyclopedia of Philosophy, Edward N. Zalta , URL =
<https://plato.stanford.edu/archives/win2019/entries/criminal-law/>.
Jeffery, C. R. (1959). Pioneers in Criminology: The Historical Development of Criminology. The Journal of Criminal Law, Criminology, and Police
Science, 50(1), 3. doi: 10.2307/1140864.
Prince, J. D. (1904). The Code of Hammurabi The Code of Hammurabi, King of Babylon about 2250 B. C.Robert Francis Harper , Hammurabi, King
of BabylonThe Letters and Inscriptions of Hammurabi. Hammurabi, King of Babylon, L. W. KingDie Gesetze Hammurabis. Hammurabi, King of
Babylon, D. H. MllerDie Gesetze Hammurabis. Hammurabi, King of Babylon, Hugo Winckler. The American Journal of Theology, 8(3), 601609.
doi: 10.1086/478479.
Stearns, A. W. (1936). The Evolution of Punishment. Journal of Criminal Law and Criminology (1931-1951), 27(2), 219. doi: 10.2307/1135604.
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(https:/ Tammi Cleareld (https://ashford.instructure.com/courses/63628/users/3882)
Saturday
Reply
Interesting points. Let’s keep building. We do not want to create a setting that entices people to commit crimes because of perceptions regarding
“comforts”. In terms of how those lines are drawn, the Constitution is a key starting point. From there, we look to how courts have drawn lines. Do you
feel the courts have drawn lines in ways that tip scales too far in favor of individual rights?
(https:// Kelly Bales (https://ashford.instructure.com/courses/63628/users/204284)
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Criminal law is only one of the devices by which organized societies protect the security of individual interests and ensure the survival of the group.
(Jescheck, Norton, 2020). These laws come from the idea that if there is a need for a criminal law it should be based on something that is immoral.
And in order for a person to atone for breaking that law, they must pay some type of retribution to the victim and show they are sorry for what they
did. Additionally, it was believed that the punishment should be proportionate to the crime that was committed. Criminal law in America is essentially
taken from Common Law that was brought over from England. Although legislation has taken Common Law away, it still has influence on many of
our statutes. The effect of such actions is that no person may be tried for any offense that is not specified in the statutory law of the state.
(Jescheck, Norton, 2020).
Overall, I do not feel that our current criminal laws deal with recidivism as effectively as they could. I know with the FIRST STEP Act, huge
advancements have been and continue to be made in this area, but Americas incarceration rate is through the roof. And many of those who are
incarcerated are repeat offenders or career criminals so, clearly, they are not being rehabilitated.
References:
Jeffery, C. (May-June 1959). The Historical Development of Criminology. Journal of Criminal Law and Criminology. Retrieved April 9, 2020 from:
https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=4793&context=jclc
(https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=4793&context=jclc)
Jescheck, H., Norton, J. (Feb 27, 2020). Criminal Law. Encyclopedia Britannica. Retrieved April 9, 2020 from:
https://www.britannica. (https://www.britannica.com/topic/criminal-law)
(https:// Cortney Herron (https://ashford.instructure.com/courses/63628/users/165482)
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Discussion 1:
1. Detail the history of criminal law and explain the major forces that created U.S. criminal law
Criminal law defines crimes, sets the procedures for arrests searches and seizures and interrogations. It also establishes the rules for trials and
specifies the punishments for offenders. Common law was a major forces that came into existence in England during the twelfth century. Common
law rules state that certain actions subjects to punishment and defined offenses such as: murder, rape, arson and burglary as crimes against the
state. British judges law decisions created a body of unwritten laws and customs which formed the basis of the legal system in American colonies.
2. Provide an opinion of whether or not criminal law provides the most effective way to deal with crime and recidivism.
Protecting citizens and providing for justice are the most important concerns of the criminal justice system. Sentencing and corrections policies
should be designed with the intent to decriminalize offenders to reduce future criminal activity. State approaches to sentencing and corrections have
been characterized by traditional views that lean toward incapacitation or rehabilitation. More contemporary policies to reduce recidivism seek
evidence- based strategies that hold offenders accountable, are sensitive to corrections costs and reduce crime and victimization.
3. Suggestions for improvement
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I would suggest that the system learn to recognize the influence of socially sanctioned hatred, establish some form of respect for those who
wronged us, allow the offenders personal transformation and not only rehabilitation.
References
Jeffery, C.R. (1959). Pioneer in criminology: The historical development of criminology. Journal of Criminal Law and Criminology, 50(1), 3-19.
doi:10.2307/1140864
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Protection is definitely important. Some argue fear should be a point of focus, connected to punishment. Fear of punishment is connected to
deterrence, in part. In terms of the ability to be effective in deterring crime, what adjustments would you suggest making, and how might your approach
differ for general, versus specific deterrence?
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Criminology today is a combination of the eighteenth and nineteenth-century theories on criminology. Criminology consists of three types of
problems and the impact it causes on modern criminology. The three issues are the field of criminalistics, the aspects of corrections, and defining
crime and criminal behavior. (Jeffery, 1959, p. 3). Understanding criminology requires knowledge of a “[mixture] of disciplines [such as] law,
medicine, sociology, psychology, psychiatry, chemistry, physics, architecture, history, theology, and social work” (Jeffery, 1959, p. 3). The basis of
law is policies and procedures toward the offended; therefore, criminal law is best defined as punishment for those who have committed a crime.
Considering the three issues stated above while concurrently working cohesively with the other disciplines is a manner operative toward the legality
of the crime, and the social perspective of the criminal is reinforced through the culmination of different programs to cease recidivism. “The social
purpose of punishment is to create social solidarity,” which begets harmony, generating safety among the masses. (Jeffery, 1959, p. 17). A
suggestion to improve the current criminal law system within which we operate would include programs that will enhance the criminals’ lifestyle after
release with law snd or regulations stating their ability to work based on their participation and completing the course. A second suggestion would
include a way for citizens to stop the continuation of the negative stigma for those entering back into society with the help of the programs and the
Private Sector.
Jeffery, C. R. (1959). Pioneers in criminology: The historical development of criminology (Links to an external site.)
(http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=4793&context=jclc) . Journal of Criminal Law and Criminology, 50(1),
3-19. doi:10.2307/1140864.
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From the beginning of time there have been laws set in place about what was acceptable and what is not. Criminal law in the past was barbaric and
arbitrary as the crimes would result in a punishment but the punishment was not equal across the board for all people. In the United States the
Constitution lays out the Bill of Rights and what are the basic rights of people. The United States created a system of Checks and Balances to make
Reply
sure there was not a branch that could overthrow another branch and become to powerful. The branches are Executive, Legislative, and Judicial.
There is a struggle between keeping people safe and protecting individual liberties as the lines can become blurred. The interpretation of how one
sees their rights and what their rights actually are with a clear understanding. I think a better understanding of our rights and being taught the Bill of
Rights is important outside 8th grade civics class. I know I for one dont remember what any of it meant other than reciting the preamble.
Im not sure that our criminal law provides the best way to lower recidivism rates. I think there are ways to change and rehabilitate offenders that
come back into society to keep them from reoffending. The punishments that are dealt are needed but there needs to be a rehabilitation period for
offenders to be able to become successful people in society instead of being released back to the world they came from if they hadnt made
changes to their surroundings to have a better life.
References
Jeffery, C.R. (1959). Pioneer in criminology: The historical development of criminology. Journal of Criminal Law and Criminology, 50(1), 3-19.
doi:10.2307/1140864
Welcome to The Law. (July 1, 2010). 002 HISTORY OF US LAW AND WHAT IS THE LAW? Retrieved from
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