Crime has been studied, analyzed, thought about, talked about, and think tanked to death. Depending on the area of the world in which one lives, and the governing politics of the day, one can find a social theory that fits his or her own personal agenda. After studying Becarria and Rick Linden, one can see that there are certain aspects of the justice system which never change. Name, there will always be criminals or those who choose to live outside the social contract. However, where Becarria looks pointedly at the system, Linden chooses to focus on a plan to stop crime before it becomes a crime. Linden realizes the importance of industry, and socio-economic factors, which lead to high crime rates, or waves of auto-theft and violence. Becarria looks more toward making a system of government that is fair and just for everyone concerned.
While both might, on the surface, appear to be socialists, of a sort, the modern world takes into account the fact that there is more moral relativism present in the justice system and its views on crime than anyone cares to admit. For instance, the modern nations in the Middle East have a very specific code of rules and laws which govern the behavior of the society. Shariah Law is present in every facet of life. However, in Western nations, such as the United States, religion is kept separate from the legal system, or at least it attempts to do this. Therefore, where one lives and the cultural aspects of the legal system, do have a direct impact on how crime is viewed and how laws are enforced.
[...] Shariah Law is present in every facet of life. However, in Western nations, such as the United States, religion is kept separate from the legal system, or at least it attempts to do this. Therefore, where one lives and the cultural aspects of the legal system, do have a direct impact on how crime is viewed and how laws are enforced. Clearly and succinctly written, Crimes and Punishments” by Cesare Beccaria is a document that outlines in the clearest fashion the delicate balance between justice and mercy, crime and punishment. [...]
[...] Therefore, those few who choose to do evil to others must have some sort of explicitly stated deterrent in place. Hearkening back to the age old argument, namely whether human beings are inherently evil or inherently good, Becarria chooses to accept the notion that there will always be those who do evil. Whether they were born that way or learned the behavior makes no difference. In a civilized society, those whose passions break established laws of normative behavior must still be punished. [...]
[...] He seeks to set limits on punishments by examining the degree of the crime, differing crimes that merit different punishments, and looking to set limits on the punishment of criminals. In true Enlightenment fashion, Beccaria believes in the sensibility of rational beings and believes that reason is what governs most logical people, hoping that his words have lasting effects on the penal systems of the new fledgling governments that emerge even as he writes. Works Cited Beccaria, Cesare. On Crimes and Punishments. [...]
[...] Believing that a civilized society was created to protect property, namely one's life, freedom, and general estate, John Locke becomes an important resource for Becarria, who expands upon this notion and outlines specifically how those who infringe upon the liberties of others should be punished so that future crime is deterred. Believing that it is better to prevent crimes than to punish them, Beccaria's work clearly outlines many of the ideas that would later become the Bill of Rights used by the United States of America. Rick Linden's work focuses on prevention on crime. [...]
[...] What he may be reticent to say explicitly in the beginning of his essay, he has found the courage to expose in Chapter 12. Understanding that his words are in complete opposition to the previously accepted methods for punishing criminals and those accused of criminal behavior, he also has found a voice that is able to articulate that principle of John Locke's: namely, that all men are created equal and have an unalienable (sic) right to life, liberty, and the pursuit of happiness, regardless of how well, or lowly, born they are. [...]
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