new and effective ways of committing crimes
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. The principle has two relevant elements. The pioneering element makes sure that the courts are fair and just on rights and doctrines that play a vital 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. In criminal law, its viewed in the general prohibition on the imposition of criminal sanctions for acts that were not criminals at the time of their commission or initiation. According to me, if a criminal commits a new crime he or she should be prosecuted as long as the new crime is in the law and whether the judge has created new penal rules. Nevertheless, if it is a new crime and it does not constitute a penal offense under national or international law at the time 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 theory seeks to punish offenders to discourage future wrongdoing whereas the Retributive theory aims at punishing offenders because they deserve to be punished. The Utilitarian theory is consequential. It recognizes that punishment has consequences for both the offender and society and that total good produced by the punishment should exceed the total evil. Under the utilitarian theory, laws that specify punishment for criminal conduct should be designed to deter future criminal conduct. The rationales of the theory of utilitarianism include rehabilitation stating that punishment should be corrective and change the underlying behaviors.The goal is to fix the underlying problems so the person does not re-offend. This may include the use of educational programs that give offenders the knowledge and skills needed to compete in the job market. Specific Deterrence- this is a punishment that is designed to discourage the individual offender from repeating the crime. It works in two ways. For instance, an offender can be put in jail to physically prevent him or her from committing another crime for a specific period. Secondly, this incapacitation is designed to be so unpleasant that it will discourage the offender from repeating his or her criminal behavior. General deterrence- means that punishment should prevent other people from committing criminal acts. The punishment serves as an example to the rest of society.
According to Retributive, theory human beings have free will and are capable of making rational decisions. This example shows how an offender who is insane should not be punished. However, a person who makes a conscious choice to upset the society should be punished. The retributive theory also shows that punishment is justified as a form of vengeance. Wrongdoers should be punished because they have forced others to suffer. I would like to relate with the theory of Utilitarian theory because it states that laws should be used to maximize the happiness of society and can be seen through rehabilitation in that through rehabilitation I have seen those whose have committed crimes of murder been treatment to see whether they are sane or insane.
Q3
Presumption of innocence is the legal principle that one is considered innocent until proven guilty. The internet, access to cell phones, 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. These trials done in social media deprives one individual liberty. The internet and other electronic devices pervert the norm of guilty until proven guilty.