Criminals and crime
Criminals are coming up with new and effective ways of committing crimes every day, and this is mostly through the internet, social media, smartphones and other technological platforms. This allows criminals to commit crimes across international borders. Technology and science also provide opportunities for monitoring different types of crimes.
Q1
The principle of legality is defined as a structure to guarantee that the state and its members do not presume to be above the law in performing their responsibilities but remain faithful and answerable to it. Punishment should not be based only upon a prior enactment of a prohibition that is expressed with adequate precision and clarity it requires decision-makers to resolve disputes by applying legal rules that have been declared beforehand (Baradaran, 2011). The principle has two relevant elements. The pioneering feature makes sure that the courts are fair and just on rights and doctrines that perform an essential role in a society that is driven by the rule of law. This principle sets its profile against retroactivity. The parliament is mandated to use comprehendible and user-friendly words that are clearly expressed to achieve a statute, which warps retro activeness. Nevertheless, if it is a new crime and it does not form a punishing offence under the state or global law at the period when it was committed, then it will be unjust to prosecute the criminal.
Q2
Theories of criminal punishment can be divided into two, which are; the Utilitarian and Retributive theory of punishment. The Utilitarian approach often punishes offenders for putting off future mistakes, whereas the Retributive theory seeks to punish wrongdoers because they have to be punished. The Utilitarian theory is significant, stating that punishment has effects for both the offender and society. Under the practical approach, regulations that define punishment for misconduct should be designed to prevent future criminal behaviour. The rationales of the theory of utilitarian include rehabilitation, stating that sentence should be meant to correct and change the critical behaviours of an individual, the goal is to restore the fundamental problems so that the person does not make any other offence (Hallevy, 2010). This may include the use of educative transmissions that provides knowledge and skills needed by the offenders to compete in the job sector. Specific Deterrence- this is a punishment that is designed to discourage the individual offender from repeating the crime. It works in two different ways. For instance, an offender can be put behind bars so that he or she doesn’t get another chance to commit any crime for a specific period. Secondly, this exhaustion is meant to be repulsive that it will demoralize the offender from the recurrence his or her criminal behaviour (Hallevy, 2010). General Deterrence- states that penalizing offenders should stop other people from committing criminal acts. The punishment serves as an example to the rest of society.
On Retributive theory, human beings have the freedom of making reasonable decisions. This example shows how an offender who is psychotic should not be penalized. However, a person with a sound mind who makes a conscious choice to upset society should be punished. The retributive theory also indicates that punishment is justified as a form of revenge. Criminals should be punished because they have subjected others to endure the agony. I want to relate with the theory of Utilitarian theory because it states that laws should be used to express the joy of society and can be seen through rehabilitation. It is evident through recovery that those who have committed crimes of murder have been treated to see whether they are sane or insane.
Q3.
Speculation of innocence is the legal concept that one is considered innocent until when proven guilty. The internet, access to cell phone and other electronic devices reconcile with the presumption of innocence such that if there is already existing evidence on the crime, the society will already pass their judgment even though there is no hard proof (Walker, 2010). These trials done in social media deprives one individual liberty. The internet and other electronic devices pervert the norm of guilty until proven guilty.