Problems of Society (Law, Crime, Punishment) Essay Example
Problems of Society (Law, Crime, Punishment) Essay Example

Problems of Society (Law, Crime, Punishment) Essay Example

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  • Pages: 17 (4488 words)
  • Published: July 9, 2018
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There are two main branches within the legal system: civil law and common law. It is important to distinguish between "civil law" as a legal system and "civil law" as a distinct field separate from criminal or public law.

Some countries have a legal system that includes religious law and lacks a clear separation between church and state. The decision on which legal system to adopt is often influenced by a country's historical background, international connections, or adherence to global norms. The governing bodies in each jurisdiction determine the basic features of their respective legal systems. However, the classification of legal systems tends to focus more on superficial aspects rather than actual substance, as similar rules are frequently employed.

What are the legal systems in Mauritius? The legal system in Mauritius is a hybrid system that incorporates both civil law and common law practices. It

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is governed by both the French Code Napoleon and the British law. Despite becoming a republic, Mauritius still maintains its membership in the Commonwealth. The right to appeal to the Judicial Committee of the Privy Council in London is applicable. One common form of punishment is imprisonment, where individuals are incarcerated as a lawful punishment.

The primary objective of imprisonment is to rectify an individual for their wrongdoing, commonly referred to as retribution. Nevertheless, it also encompasses additional aims such as deterrence, incapacitation, and rehabilitation. The duration of incarceration for a convict relies on variables like the geographical location of jurisdiction and the gravity of the offense.

Imprisonment is frequently used as a punishment and has received considerable criticism for cases of unjust accusations resulting in life-long sentences. Probation is often utilized as an

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alternative to imprisonment for less severe offenses. Nevertheless, in specific situations, a portion of the sentence may still necessitate serving time in prison.

The probation officer has the responsibility of making sure that individuals on probation follow the conditions set by the court, which include abstaining from weapons and staying in a specific area. If these rules are not obeyed, it may lead to the court changing its orders and sending the offender back to prison. Further details about the repercussions of breaking probation can be found below.

Both fines and restitution are forms of punishment that involve monetary payment. A fine is paid to the government by the offender, whereas restitution is paid to the affected party as compensation. Restitution is typically imposed when the judge deems that the offender does not pose a risk to society. Fines may be given on their own or alongside a prison sentence. In some cases, especially for serious crimes, if unable to pay the fine, the court may confiscate the offender's assets.

Community Service is a type of alternative penalty where individuals convicted of a crime are required to use their labor to help society instead of paying a fine or serving a traditional sentence. Typically, community service is given for minor offenses or non-violent serious crimes, although there are occasional exceptions. For certain cases involving drug possession, for instance, the person may be assigned a specific task related to the offense itself, such as joining an organization that promotes awareness about the dangers of substance abuse.

Community service is often used as a punishment for well-known individuals with a public profile, rather than imprisoning them. This is believed to be

more beneficial for society.

The death penalty, also known as capital punishment, is considered one of the harshest forms of punishment. Depending on the laws in place, crimes such as murder, homicide, and rape may result in a sentence of capital punishment. The main objectives of capital punishment are to deter others from committing similar acts and prevent the individual from repeating such terrible actions.

Various modern methods are used for carrying out the death penalty, including hanging, electrocution, lethal injection, and firing squad.

The ongoing ethical debate surrounding the inclusion of capital punishment in the judicial system raises concerns for some, while others believe it is necessary to establish a crime-free society. To gain a better understanding of this issue, individuals can explore resources related to the death penalty. Additionally, when examining the roots of crime and delinquency, vulnerability often emerges as a contributing factor. It is important to recognize that people are not inherently evil; instead, they sometimes struggle with resisting harmful influences that exploit their weaknesses and sever their connections to their sources of strength.

Despite humans being inherently good, they may not always possess the resilience to defend themselves against destructive emotions and detrimental attitudes. These forces encompass fear, ignorance, hatred, worry, revenge, envy, attachment, greed, lust, selfishness,
doubt, prejudice,
pride vanity impatience sloth discrimination arrogance ambition addiction gluttony criticism blame anxiety frustration and others. While we all confront attacks from these negative aspects of our minds and hearts,
many of us are capable of resisting them. It is tempting to yield to anger greed revenge or any of the aforementioned qualities; however it necessitates courage and strength to prioritize something greater.
There exist two primary reasons why some

individuals succumb to weakness: 1) A lack of faith in the power of one's own internal weapons (against inner demons), such as courage tolerance understanding forgiveness mercy honesty sincerity integrity honor modesty humility generosity
love compassion kindness detachment patience self-discipline temperance etc. Due to a lack of trust in these inner resources there is insufficient motivation to develop and utilize them.
To combat this weakness individuals can turn to Art Solutions - a free cure for crime; by watching inspirational films and reading stories that highlight the triumph of good qualities over negative ones.

2) The main issue is an imbalance in criminals, as they tend to focus on building physical strength without developing their mental and emotional capabilities. This imbalance is what ultimately weakens them. To address this, consider Art Therapy Solutions, a free cure for artistic crime. To explore this concept further, watch the movie trilogy 'Samurai' directed by the legendary Hiroshi Inagaki. This trilogy follows the story of Musashi Miyamoto, the greatest Samurai warrior in Japan, as he evolves from a tough warrior to a balanced hero who excels in physical skills, mental calmness, and emotional well-being.

Watch all three films online here for free. (Titles: Samurai One, Samurai Two, Samurai Three)

Beneath all the weaknesses lies a genuine human desire to succeed. When we detach ourselves from our source (Higher Power), we find ourselves in erroneous relationships, unsuitable jobs, or simply in unfavorable circumstances and a negative state of mind - leading us to make poor decisions and end up on the wrong path. Many individuals fail to distinguish right from wrong due to inadequate education, lack of positive role models, and flawed judgment. In most

cases, offenders genuinely believe their actions are justified. Poor judgment is also demonstrated by those who know their actions are wrong but believe they can avoid detection. It's important to note that crime cannot be solely attributed to a lack of love or difficult upbringing; there are countless others facing similar conditions who do not resort to criminal behavior.

However, lack of love and respect for others can contribute to a major issue related to crime. Poverty is often blamed for leading to crime, but society bombards us with commercial values, causing a desire for material things that some would do anything, including criminal acts, to obtain. Unemployment also contributes to crime by pushing individuals to seek money through any means possible. If moving out of economically impoverished neighborhoods is not possible, keeping away from negative influences and staying busy can help. TV violence can draw individuals into harmful situations beyond their control. Poor parenting skills, such as erratic discipline and lack of supervision, can also contribute to criminal behavior.

Fatherlessness is often overlooked as a significant factor in crime rates. To gain more understanding on this matter, you can visit here. Noteworthy statistics reveal that 85% of children with behavioral disorders come from fatherless households (according to the U.S. Centre for Disease Control), and 90% of homeless and runaway children originate from homes without a father present (U.S.).

Bureau of the Census);  80% of rapists motivated with displaced anger come from homes without fathers (Criminal Justice ; Behaviour, Vol 14, p. 403-26, 1978); 70% of juveniles in state-operated institutions come from homes without fathers (U. S. Dept.

It was found in a 1988 Special Report from the

Department of Justice that 85% of all youths in prisons were raised in fatherless homes (Texas Dept. of Corrections 1992). Police officers have long known that cold winter nights decrease street crime, but experts in criminology believe that global warming might lead to an increase in street crime during mild winters. Studies show that warmer temperatures can raise aggression hormones like epinephrine and testosterone. One factor contributing to higher crime rates is flawed court rulings, including those made by the Supreme Court. The issue of juvenile delinquency remains a complex challenge for behavior specialists worldwide.

Delinquent behaviors in young people are influenced by various factors, not just child abuse. Socio-economic conditions and peer influence also play a significant role. This thesis aims to examine different theories explaining why some young individuals engage in delinquent behaviors. It emphasizes the importance of identifying and addressing the root causes to effectively prevent illegal conduct.

Addressing and resolving substance abuse is crucial in young individuals who engage in delinquent behavior resulting from illicit drug use. Resolving the substance abuse is necessary to stop the accompanying delinquency. Similarly, if a mental health condition is causing juvenile delinquency, it is essential to address that issue to regain control and put an end to illegal conduct. Drug and alcohol abuse are major factors leading juveniles towards delinquent behavior and illegal actions. Drug abuse contributes to juvenile delinquency in two primary ways: first, by increasing the occurrence of delinquent behavior as young individuals engage in unlawful acts to obtain illicit drugs.

These young individuals participate in various criminal activities to either obtain funds for buying drugs or directly acquire drugs. Furthermore, a significant number of juveniles

engage in illicit behaviors and commit crimes while under the influence of these substances. Additionally, mental health issues often play a crucial role in motivating delinquent behaviors among minors.

Various mental conditions, including depression and bipolar disorder, can affect juvenile delinquency. Frequently, a dual diagnosis arises in which the juvenile experiences both substance abuse and a mental health problem. As a result, this creates a harmful cycle where the substance abuse issue worsens the mental health problem and vice versa. Additionally, the family environment plays a crucial role in the development of juvenile delinquency.

Studies indicate that juveniles with parents involved in legal issues or the criminal justice system are more prone to engaging in delinquent behavior. Likewise, adolescents raised in abusive households or with parents grappling with substance abuse face a higher likelihood of being involved in unlawful activities. Additionally, peer pressure can coerce young individuals into partaking in such actions, often tempting them with access to prohibited substances or alcohol. Consequently, this can result in youth participating in different forms of delinquency.

Substance abuse, or drug abuse, refers to the misuse of a substance without dependence and in a harmful manner. In non-medical contexts, "drug abuse" is used to describe the inappropriate use of psychoactive drugs or performance enhancing drugs for purposes other than therapy. These definitions all share a negative view of drug use, unlike alternative perspectives on responsible drug use. Substance abuse typically involves substances such as alcohol, amphetamines, barbiturates, benzodiazepines (e.g., temazepam, nimetazepam, flunitrazepam), cocaine, methaqualone, and opioids. The utilization of these substances can lead to legal consequences and cause various physical, social, and psychological damages depending on local laws.

Drug abuse is a

complex issue, with various definitions from different fields such as public health, mass communication, medicine, politics, and criminal justice. It is considered a substance-related disorder that encompasses both drug and alcohol misuse. The signs and symptoms of drug abuse have significant impacts on individuals' well-being and society at large. These consequences include numerous health problems, social issues, morbidity rates, injuries, instances of unprotected sex or violence, deaths (including suicides), motor vehicle accidents, homicides, physical dependence on drugs or psychological addiction. It's important to note that individuals who misuse drugs and alcohol are more likely to be at risk for suicide due to the prolonged effects of substance misuse on brain chemistry and their tendency towards social isolation.

Immediate intoxicating effects of drugs are a contributing factor to the increased risk of suicide. Teenagers who misuse alcohol have a high prevalence of suicide, with 1 in every 4 suicides being associated with alcohol abuse. In the United States, about 30% of suicides are connected to alcohol abuse. Additionally, alcohol abuse is tied to an elevated probability of involvement in criminal behaviors such as child abuse, domestic violence, rape, burglary, and assault. Both alcohol and prescription drug misuse can result in symptoms resembling mental illness, which may occur while under the influence or during withdrawal.

Some substance induced psychiatric disorders can continue to occur even after detoxification, such as prolonged psychosis or depression following the misuse of amphetamines or cocaine. There can also be a protracted withdrawal syndrome with symptoms that last for months after stopping drug use. The most notable drug for causing long-lasting withdrawal effects is benzodiazepines, with symptoms sometimes persisting for years after use is discontinued.

Misuse of hallucinogens can trigger delusional and other psychotic behaviors long after stopping use, and marijuana use may lead to panic attacks during intoxication and a state similar to dysthymia [citation needed].

Sustained alcohol abuse often leads to severe anxiety and depression, but these symptoms typically improve with prolonged abstinence. Even moderate alcohol use can increase anxiety and depression levels in certain individuals. However, these psychiatric disorders caused by drug abuse usually diminish with prolonged abstinence. Drug abuse affects the central nervous system, resulting in changes in mood, awareness levels, perceptions, and sensations. Additionally, these drugs can also impact other systems in the body. Some of these substances are frequently considered to be abused.

Certain drugs have a higher likelihood of causing uncontrolled use compared to others. Typically, new medications are readily used in primary care settings. However, drugs used for substance abuse treatment have encountered numerous obstacles. Naltrexone, which was initially sold as "ReVia" and is now available as "Vivitrol" in injectable form or as a generic in oral form, is an approved medication for treating alcohol dependence. Unfortunately, only a small number of patients have been exposed to this drug. The reasons for this could include resistance from Addiction Medicine specialists and limited resources.

The emergence of home drug test technology has significantly impacted the ability of parents and spouses to recognize signs or symptoms of drug use in their family members. This technology allows for the identification of recent use of common street and prescription drugs with near lab quality accuracy. Additionally, child abuse is defined as the physical, sexual, emotional mistreatment, or neglect of a child. The Centres for Disease Control and Prevention (CDC)

in the United States describe child maltreatment as any act or series of acts by a parent or caregiver that result in harm, potential for harm, or threat of harm to a child. Child abuse can occur within a child's home, as well as in organizations, schools, or communities the child interacts with. The four major categories of child abuse include neglect, physical abuse, psychological/emotional abuse, and child sexual abuse. Jurisdictions have established their own definitions of child abuse for purposes such as removing a child from their family or pursuing criminal charges.

The Journal of Child Abuse and Neglect defines child abuse as any recent act or failure to act by a parent or caretaker that results in severe physical or emotional harm, sexual abuse or exploitation, or a situation that poses an imminent risk of serious harm. Individuals who engage in abusive or neglectful behavior towards children may be referred to as "pedopaths". Child abuse can take different forms, including neglect. Neglect occurs when a responsible adult fails to adequately provide for a child's physical needs (such as food, clothing, or hygiene), emotional needs (such as nurturing and affection), educational needs (such as enrolling the child in school), or medical needs (such as ensuring the child receives necessary medication or medical attention). Child neglect can have various negative effects, including impairing a child's ability to interact with their peers.

Chronic neglect is the ongoing denial of a child's basic needs. Physical abuse is when an adult physically aggresses a child, which can include actions like punching, kicking, slapping, and burning. Other forms of physical abuse are pulling hair or ears, stabbing, choking, belting, and shaking

a child. Shaking a child can result in shaken baby syndrome, causing intracranial pressure, brain swelling, diffuse axonal injury, and oxygen deprivation. This can lead to symptoms such as failure to thrive, vomiting, lethargy, seizures, bulging fontanels, altered breathing, and dilated pupils. In some jurisdictions, the transmission of toxins to a child through its mother (such as in cases of fatal alcohol syndrome) is also considered physical abuse.

Most countries have child abuse laws that make it illegal to physically injure a child or engage in actions that put the child at risk of serious injury or death. However, there is a lot of variation beyond this point. The line between child discipline and abuse is often unclear, and there is a wide range of opinions about what actions constitute abuse. Cultural norms also play a role in determining what is considered abuse, and different professionals and members of the public may have different perspectives on this issue. Some professionals argue that cultural norms that allow for physical punishment contribute to child abuse and have launched campaigns to redefine these norms. Child sexual abuse is a specific form of child abuse where an adult or older teenager sexually exploits a child for their own gratification.

Forms of child sexual abuse (CSA) include asking or pressuring a child to engage in sexual activities (regardless of the outcome), displaying pornography to a child, indecently exposing the genitals to a child, actual sexual contact against a child, physical contact with the child's genitals, viewing the child's genitalia without physical contact, or using a child to produce child pornography.

Selling the sexual services of children may be treated as child abuse, and

instead of simple incarceration, services are offered to the child. The effects of child sexual abuse include guilt, self-blame, flashbacks, nightmares, insomnia, fear of objects, smells, places, doctor's visits, etc. that are associated with the abuse. It also leads to self-esteem issues, sexual dysfunction, chronic pain, addiction, self-injury, suicidal thoughts, somatic complaints, depression, post-traumatic stress disorder (PTSD), anxiety, and other mental illnesses such as borderline personality disorder and dissociative identity disorder.

Childhood sexual abuse also increases the likelihood of re-victimization in adulthood, as well as bulimia nervosa and physical injury. Studies have found that approximately 15% to 25% of women and 5% to 15% of men have experienced sexual abuse during their childhood.

Approximately 30% of sexual abuse offenders are relatives of the child, such as brothers, fathers, mothers, uncles, or cousins. Another 60% of offenders are acquaintances like friends of the family, babysitters, or neighbors. Approximately 10% of child sexual abuse cases involve strangers as the offenders.

Out of all forms of abuse, emotional abuse is the most difficult to define. It can involve name-calling, ridicule, degradation, destruction of personal belongings or pets, torture, excessive criticism, unreasonable demands, lack of communication, and regular humiliation. Victims of emotional abuse may respond by distancing themselves from the abuser, internalizing the abuse, or retaliating by insulting the abuser. Emotional abuse can lead to disrupted attachment development, self-blame, learned helplessness, and overly passive behaviors.

Exposure to child abuse in all its forms is strongly associated with higher rates of chronic conditions, according to the Adverse Childhood Experiences (ACE's) series of studies. These studies demonstrate correlations between abuse or neglect during childhood and increased rates of chronic conditions, high-risk health behaviors, and shorter

lifespan [46]. A recent publication titled "Hidden Costs in Health Care: The Economic Impact of Violence and Abuse" argues that such exposure constitutes a significant and costly public health issue that the healthcare system should address. While child abuse is a major stressor in life, impacting the mental health of adults, most studies on the negative consequences of abuse have mainly focused on adolescents and young adults. Sexual abuse is particularly damaging as it can harm a person emotionally, psychologically, and physically. Childhood sexual abuse has been identified as a risk factor for substance-related problems in adolescence and adulthood.

Child abuse in its various forms, such as sexual abuse, physical abuse, or neglect, can serve as a catalyst for the onset of internalizing disorders like anxiety and depression. The repercussions of child abuse extend beyond mental health, impacting a child's neurodevelopment. Studies indicate that abused children often exhibit language deficits, mood deregulation, behavioral problems, and social/emotional disturbances. These risks are further heightened when child abuse is compounded by traumatic events or fetal alcohol exposure. Additionally, children who have experienced any form of abuse are more likely to perpetuate the cycle of abuse compared to those who have not.

When a child is physically harmed, they may come to see it as normal for their parent to treat them this way. As they grow up, they may adopt the same method of parenting because they believe it is the right thing to do, as no one has ever taught them otherwise. Children who have experienced neglect or physical abuse are at risk of developing psychiatric problems or a disorganized attachment style. Disorganized attachment is linked to various developmental

issues including symptoms of dissociation, anxiety, depression, and disruptive behavior. Dante Cicchetti conducted a study that revealed 80% of abused and maltreated infants showed signs of disorganized attachment. When these individuals become parents, especially if they suffer from posttraumatic stress disorder (PTSD), dissociative symptoms, or other consequences of child abuse, they may struggle to meet the needs and emotional distress of their own infants and young children. This difficulty can have negative impacts on their child's social-emotional development.

Despite the potential challenges, psychosocial intervention may be effective for changing the perspectives of maltreated parents towards their young children. It is claimed that individuals who have experienced childhood abuse also face various physical health issues later in life. Some experience chronic pain in the head, abdomen, pelvis, or muscles with no clear cause. While many victims are aware that their abuse may contribute to their adult health problems, the majority did not directly link their abuse to these issues. This suggests that they were likely diagnosed with alternative explanations for their health problems instead of attributing them to their childhood abuse.

The impact of child abuse can vary depending on the specific type of abuse. According to a study conducted in 2006, there is a strong connection between childhood emotional and sexual abuse and depressive symptoms in adulthood. Verbal abuse and witnessing domestic violence also have a moderately strong association with depressive symptoms, while physical abuse has a moderate association. It was found that experiencing more than two types of abuse simultaneously leads to even stronger symptoms of depression. Intrafamilial sexual abuse is particularly harmful, causing symptoms such as depression, anxiety, dissociation, and irritability in the limbic system.

It should be noted that further clarification is needed in this regard. Verbal abuse during childhood is strongly linked to feelings of anger and hostility, surpassing other forms of abuse studied, and second only to emotional abuse in its association with dissociative symptoms.

According to a survey conducted by the French INSEE, 23 out of the 27 illnesses listed in the questionnaire showed statistically significant correlations with family traumas experienced by individuals before the age of 18. This research, conducted by sociologist Georges Menahem, reveals that health inequalities are not solely attributed to social factors but also have roots in family dynamics. These inequalities are associated with the extent of long-lasting emotional issues individuals had encountered during their childhood, such as a lack of affection, parental conflicts, extended absence of a parent, or serious illnesses affecting either the mother or father. In terms of physical effects, children who experience physical abuse are more prone to bone fractures, particularly rib fractures, and have an increased risk of developing cancer.

Child abuse and neglect have severe consequences for children. Research shows that children who experience abuse or neglect are at a higher risk of being arrested both as juveniles (59% more likely) and as adults (28% more likely). Additionally, they are also 30% more likely to engage in violent crime. The immediate physical effects of abuse or neglect can range from minor bruises or cuts to more severe injuries such as broken bones, hemorrhage, and even death. While some of these physical effects may be temporary, the emotional pain and suffering inflicted upon children should never be disregarded. Furthermore, the long-term impact on physical health resulting from child abuse

and neglect is only now being investigated. One specific long-term effect is known as Shaken Baby Syndrome, a prevalent form of child abuse that often leads to permanent neurological damage (in 80% of cases) or death (in 30% of cases).

According to the Institute of Neurological Disorders and Stroke (2007), damage occurs when there is increased pressure in the skull, known as intracranial hypertension, following bleeding in the brain or injuries to the spinal cord, neck, ribs, or bones. Additionally, child abuse and neglect can lead to impaired brain development, causing important regions of the brain to fail to form or grow properly (De Bellis & Thomas, 2003). These changes in brain maturation have long-term effects on cognitive, language, and academic abilities (Watts-English et al., 2006).

Between 1 and 2 years of age, more than three-quarters of foster children were found to be at medium to high risk for problems with brain development, compared to less than half of children in a control sample (ACF/OPRE, 2004a). There is a correlation between various forms of household dysfunction, including childhood abuse, and poor physical health (Flaherty et al., 2006; Felitti, 2002). Adults who experienced abuse or neglect during childhood are more prone to physical ailments like allergies, arthritis, asthma, bronchitis, high blood pressure, and ulcers (Springer, Sheridan, Kuo, & Carnes, 2007).

On the one hand, there are children who are raised in child abuse but still manage to thrive later in life despite the challenges they faced. These resilient individuals are often referred to as dandelion children, a term derived from the ability of dandelions to flourish regardless of their surroundings or circumstances. Understanding the factors that help mitigate the

impact of child abuse is of great interest, particularly regarding these individuals who have experienced domestic violence. Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence (IPV), is defined as a pattern of abusive behaviors exhibited by one or both partners in an intimate relationship such as marriage, dating, or family.

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