CRJS 205 Introduction to Criminal Law Essay Example | Topics and Well Written Essays - 250 words - 1

CRJS 205 Introduction to Criminal Law - Essay Example Having difference remedies in civil and criminal cases implies different penalties for prospective offenders. In civil cases, a defendant who loses a case if immune from incarceration or a jail sentence as compared to losers in criminal cases. In general, a defendant in a civil case is only required by law to pay compensation to any losses incurred by the plaintiff (Standler, web). Punishments offered by at the civil and criminal level for a similar case should not correlate in any way. The main reason why the two punishments should not correlate is that civil litigations are aimed at restoring the plaintiff to the initial financial position while criminal punishment offers emotional consolation and therefore the two remedies are not related or equivalent. Secondly, in criminal cases the state bears the burden of proof while a plaintiff shoulders the burden of proof in civil cases and the two have different capabilities (Standler, web). Finally civil cases corporate as the defendant while criminal cases have individuals as the defendant therefore available punishments will have different effects on the two

Crime Theories of Durkheim and Robert King Merton Essay

Crime Theories of Durkheim and Robert King Merton - Essay Example Durkheim's most significant theoretical contribution to the field of criminology is his formulation of the concept of anomie. According to Durkheim's theory, society has the need and the moral right to regulate the behavior of its citizens. When society is in a state of rapid transition, the rules of society break down and people no longer can appraise their situation, "ambition was perpetually stimulated but never satisfied (Walter 1972). This condition Durkheim called "acute anomie" (Gottfredson and Hirsch 1990, p. 54). Chronic anomie occurs when overwhelming importance is attached to economic progress as the supreme goal in and of itself and secondary consideration is given to the regulation of human conduct and the control of individual ambition. These conditions which prevailed in the nineteenth century contributed significantly to the variety of social problems observed in that society (Durkheim 1992). According to Merton's theory, deviance is most likely in societies in which success is a major societal objective but where many of the inhabitants are unable to acquire the material possessions or social status that denote success. His theoretical argument is formulated in terms of the societally recognized goals that individuals strive for and the institutionalized means used to regulate access to these desired objectives (Gottfredson and Hirsch 1990). Merton recognizes that these goals and means are not equally available to all individuals because of the differentiated class and ethnic structure of American society. Striving for success within a society that is achievement oriented, some individuals for whom traditional paths to achievement are closed follow illegitimate or deviant means to attain success within that society Although this theory was originally developed in terms of American society, it has been applied to many of the world's other industrialized societies as an e xplanation of the persistence of criminal behavior (Merton 1967). The other similarity between Durkheim and Merton is an understanding social impact on an individual and his behavior. The possibility of varied acquaintances in modern, complex society led to the formulation of the theory of differential association, which holds that criminal behavior is learned through interaction with others. The extent to which criminal norms and habits are acquired is determined by the intensity and duration of the association. The mechanisms for learning criminal behavior are no different from any other kinds of learning. Briefly, stealing is no more motivated by the desire for material goods than is honest employment. In the latter case, however, the individual is sufficiently committed to the society's norms and values to channel his desires through legitimate means while in the former case, the individual will pursue his goals by illegitimate methods (Gottfredson and Hirsch 1990). In contrast to Durkheim, Merton underlines that anomie theory addresses the impact of urban life on modern man suggesting that conflicts often arise in contemporary society because what man strives to attain is not accessible to him. This situation is characteristic solely of modern society because limited social mobility existed before the advent of