Theories of Crime and Punishment

An element of a crime is a fundamental set of law principles regarding criminal liability. In the United States, the jury must be convinced beyond a reasonable doubt that the defendant committed each element of crime as charged before the actual passing of verdict. There are three elements of crime 1) Mens rea, 2) Conduct, and 3) Causation. Mens rea refers to a crimes mental structure (the intent of the defendant). The crime must be voluntary. Mens rea refers to the mental intention of the defendant at the time of the crime. Actus reus refers to the state of criminal occurrence. A criminal act must be proven to have occurred. A person, whatever his standing is, cannot be punished for thinking criminal thoughts. Words though can be considered criminal acts in law. Perjury, solicitation, and threats are examples of offenses in which words substantiate the claim for Actus reus. The third element  causation  must likewise be proven. For example, homicide required a killing. Without causation, there can be no crime committed. There must be a causal relationship between conduct and result. If such is proven, then the possible offender would have committed the crime.

There are three theories of just punishment. According to J. Bentham, general prevention is ought to be the chief end of punishment as its real justification. Suppose there is an offense committed which is an isolated fact, the like of which would never recur, punishment would be useless. Benthams theory was based on a hedonistic conception of man. Crime is deterred from occurring if punishment was applied swiftly. The second theory is rehabilitation. Reform implies that punishment is a means for the offender to recognize his guilt and wish to change. Societal condemnation of a crime is the formal reform in its generic sense. Punishment is but a means to change. Utilitarian theories sees the primary justification in the fact that a crime has been committed, and as such deserves the punishment of the offender.

Broken Windows theory states that petty crime and anti-social behavior will be detrred, and that major crime will, as an outcome, be prevented. This theory implies that automatic punishments for violations of stated rules are minimized or in a sense zero tolerated. Zero tolerance policies forbid persons of authority from exercising power to change punishments subjectively. They are required to impose an initial punishment regardless of liability. However, initial punishment or prejudgment must be both necessary and rational (in lieu with existing conditions).

Juvenile gangs can be seen as a reaction toward the structure and culture of the middle class in the United States. Some individuals are institutionally displaced. The families of displaced individuals suffer the consequences of poverty, crime, and anti-social behavior. Juveniles are X factors in crimes. They tend to be critical of the present structure  of their present situation. Anti-social behavior is the escape from that world. It is also the perceived solution from that condition. By engaging in anti-social behavior, they are exercising power. Power gives them the initial network for takeoff  even though it is pretty much useless.

King Philips War was an armed conflict between the native Americans of southern New England and the English colonists. The English colonists squeezed the native Americans and attempted to confiscate their trade goods. The Indians had no choice but to fight the colonists. Although King Philip, the chief leader of the natives, was killed, a treaty was signed at Casco Bay recognizing the rights of the natives.

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