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Criminal Law Bachelor - Essay Example

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Criminal Law Bachelor

With reference to social engineering, the structure of society, and its relative degree of organization or disorganization are important factors contributing to the prevalence of criminal behavior. However, it depends upon the effectiveness of law and order as to what extent they are successful in organizing their society as a crime free rational embodiment of social engineering.
Punishment, although considered an evil in most of the societies today, but is necessarily required to deter law violators and to serve as an example to others who would also violate the law. Theoretically it is proven that crime prevention is only possible through swift and certain punishment, which offsets any gains to be had through criminal behavior. For example in Durkheim's theory, outraged expressions, severe punishment and a rigid collective morality, represented today's primitive premodern societies. The communicational conditions of late modernity departs radically from the mechanical solidarity linked by Durkheim to angry talk and severe punishment. (Valier, 2003, p. 91)
The principle of punishment says that no crime can be said to occur where punishment has not been specified in the law. (Schmalleger, p. 146) Larceny, for example, would not be a crime if the law simply said, "It is illegal to steal." Punishment needs to be specified so that if a person is found guilty of violating the law, sanctions can be lawfully imposed. (Schmalleger, p. 146)
Whether the crime is radical or cyber in nature, cyberspatial technologies permit rapid communication over vast distances and across regional, national and continental boundaries. A theory of punishment and communication for today must go further still, addressing the shift from print to electronic culture. What happens when people meet each other in cyberspace to discuss and debate a murder What happens when people outside the limits of a traditional face-to-face community, and beyond earlier borders of locality and nation, talk of a notorious crime

In today's communicational context law can still be used as a tool for social engineering by reflecting penalties on the Internet as cyberspace as it provides an important medium for new forms of sociality and belonging. The kinds of intimacy, which is possible through cyberspatial communications, disrupt earlier notions of communities. It seems that a different 'order of closeness' arises through the complex connectivity brought by online communications. Penalty has conventionally been thought in terms of the bounded entities of local community and nation-state. (Schmalleger, 2001, p. 67) The penal practices of today however are shaped by the myriad ways in which global networks and flows, exemplified by the Internet, reconfigure the significance of the nation-state. Online communications move in a space of flows, hence the spatiality of the web be defined by connection rather than distance. In what ways do the connections and forms of belonging performed through online communications shape the punitive practices of today The killings in North America have made us think in all the possible ways to implement severe punishment penalties. (Schmalleger, 2001, p. 67) Online communications about murders include email, campaigning, informational and memorial ...Show more

Summary

Social engineering can be seen as a society, sharing common values and goals but with different perspectives to achieve them. These perspectives escort them towards right and wrong ways of achieving their targets, thereby giving rise to crime. Crime as seen in the context of theories of social engineering caused by the individual exercise of free will…
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Criminal Law Bachelor Essay essay example
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