Penal Code As It Is Mostly Focuses Behaviorâ€Myassignmenthelp.Com

Question: Discuss About The Penal Code As It Is Mostly Focuses Behavior? Answer: Introduction The Penal Code as it is mostly focuses on the behavior of the most disadvantaged class in the social spectra. In some social stratification, crime is not so noticeable (white-collar crime). This is also known as economic crime, the society is complacent to this type of crime, the authorities attitude towards this type of crime is passive and also people are fascinated by this type of crime because it is complex. Mostly, those involved in white collar crime are well to do people with power, and that is why justice is elusive in this type of crimes (ADLER, 2016). Moral Panic Theory It can be said that there is a specifically criminological area in the criminal reality. There is also a field prior to the crime, an offender receives the criminal stigma when he violates an Act, the Criminology is ahead of the commission of the crime. Not only does it act a priori they also do it a posteriori and even after the fulfillment of the sentence. The perfect example of this theory is social protest over the rise of gasoline in Mexico which had grabbed the attention of the media; Some critics of the system accuse the State of intervening to legitimize institutional violence, the violation of citizens' rights and the controversial decisions of the federal government (Conklin, 2013). The chaos broke out in several cities of the country and the coverage of the national press focused on the actions of social protest around the increase of gasoline. The demonstrations were exacerbated to such a degree that they resulted in looting of shops and supermarkets, as well as vandalism. There are those who attribute this scenario to an orchestration from the same State to legitimize institutional violence, the violation of citizens' rights and the controversial decisions of the federal government; Accuse the existence of infiltrators and clashes, this is a perfect example of of Moral Panic Theory. But, what is it about? Now, an approximation (DeKeseredy, Dragiewicz, 2012). The Moral Panic Theory was formulated by the criminologist who died in 2013, Stanley Cohen. This scholar was a pioneer in focusing his critical analysis on old problems that were invisibilize or despised from traditional studies, which focused on the criminal system. Law Lecturer at the University of Yale, Gabriel Brooke, recounts in a writing that this allowed Cohen to find objects of study traditionally considered outside the strict criminology, such as drug users, the media, fears, Fashions and youth bands. In 1972, the British theorist published his book Folk Devils and Moral Panics: the Making of the Mods and Rockers, where for the first time he tackled the issue of moral panic and how factual powers operate to generate it (Doherty, 2005). This theory consists of: The action (structural reforms) The State generates panic (looters and violence) Some ask for the presence of the State through its forces to restore order. The State enters with its forces (including the army) Result: a) The state is enlarged as a "savior" entity to restore order and creates an apparent peace and tranquility thus diverting attention from the origin of the problem (reforms). b) It justifies the militarization of the country under the pretext of maintaining social peace. c) It ends with protests and demonstrations. No matter the entity of that group of people who have been defined as a threat to the values and interests of society. Its nature is presented in a stylized and stereotyped by the media. They are the "popular demons," especially created by the media themselves that "create alarm" through media coverage (DeKeseredy, Dragiewicz, 2012). Citing Cohen, the expert comments that moral panic differs from mass hysteria because it is framed in terms of morality and is usually expressed more as an attack than a fear. In addition, the moral part is condemnation and social disapproval, and panic is the element of hysteria and exaggeration. The role of the media Likewise, the theory speaks of another fundamental element in the dissemination of moral panic, the media. "The general rule is: no press, no moral panic. The media are platforms of moral panics, which either initiate them themselves or carry the message of other groups "; Hence the importance of verification of information in this age of citizen journalism (Renzetti, 2013). Jock Young, from the University of Kent (New York), explains in "Moral Panic. Its origins in resistance, resentment and translation of fantasy in reality ":" The mass media hold a narrative that stimulates as much as condemnation, which amplifies the problem as much as it provides explanations and generates consequences . This media amplification serves to create a spiral of public fear and indignation, putting pressure on control agencies like the police and magistrates, and creating criminal waves of fantasy but of real consequences; That is, violence and criminal acts are perceived to be greater than those that actually exist. The media coverage and, in turn, the disinformation contribute to "inflate" the problem so that after the "crisis", measures are implemented that compromise in o Conflict Theory Durkheim and Merton: main proponents of functionalist structural theories. Durkheim For Durkheim it is totally normal that there are crimes in the societies, and also the crime has a functional character and that is what society advances with the years. A healthy society is one that has a minimum number of crimes, a society that has no crime is considered to be ill. Merton On the other hand Merton departed from the theories of Durkheim adapting them to the American society. The main goal of society will be material well-being and access to a certain number of social groups. Theories of conflict in criminology On the other hand it is necessary to analyze and study conflict theories, these theories disagree with functionalist structural theories and make a series of criticisms to the same ones saying that they are theories that are unrelated to the reality, it is not normal that they think that the crime Is something normal in society and it is necessary to exist in it (Parmelee, 2011). For conflict theory, the existence of a law that represents the values of different social classes is necessary. The existence of a criminal justice that will be one that puts some necessary mechanisms of social control. On the other hand the social behaviors or that are deviated are consequence of the existent inequalities in the society due to the different existing classes. Theories of conflict are of different types and very diverse In the first place we find the theory of cultural conflict: The main author of this theory is Taft. For this theory there are a number of contradictions in society, there is a double standard, so the existence of criminality is normal. Secondly the theory of social conflict: In societies there are different social groups which have different values, this has caused over the years different historical conflicts. As a result of these facts originates criminality. Third, we find Marxist theories: For these theories crime is produced by the existence of capitalist societies. The existence of a criminal law will serve simply to help the upper classes and oppress the workers.Theories of faulty social structure consider that the primary or primary cause of crime is the instability of social structures and institutions, with crime being a consequence of social organization. Anomia, sociological concept formulated by the French social theorist mile Durkheim, is the absence of norms in the individual. In his work The division of social work (1893), Durkheim postulated that anomia or anomie is the evil that a society suffers because of the absence of moral and legal rules, absence that is due to the economic imbalance or the weakening of its institutions , And which implies a low degree of integration. In Suicide: A Sociological Study (1897), he analyzed the relationship of the individual to the norms and values of the society in which he lives, and his acceptance and internalization. For Durkheim, the anomie is greater when the bonds that unite the individuals with the social groups or collectivities are not strong nor constant. Durkheim's work influenced American sociology, especially Robert K. Merton, who identified the anomie with the deviation, the individual's conflict with the contradiction that arises between the goals or goals that have been proposed and the existing means, in Function of the place that occupies in the social stratification. Merton defines 5 modes of adaptation: conformity (acceptance of ends and means), innovation (rejection of the means), ritualism (rejection of goals), rebellion (rejection of both but with an alternative proposal) and withdrawal Without alternative proposal). This confrontation between cultural goals and the possibility of using institutional means or legitimate ways is the one that produces the tendency towards the anomie and the divergent behavior (Lanier, Henry, 2004). The most noteworthy of Merton's theoretical analysis is the possible explanation for the correlations between variables such as crime and poverty. Poverty would entail limiting opportunities, bu t both would not be sufficient to explain crime. It is the association of poverty constraints (which hinders competition for cultural values) which, together with the cultural importance of success as the predominant goal, encourage criminal behavior. The Italian-Argentine sociologist Gino Germani studied the phenomenon of anomie, which divided into objective (psychological anomie) and subjective (structural anomie). For Germani, the main cause of this phenomenon is the rapid change of structures (of generation, ecological, cultural, social), the lack of norms or the conflict with those in force (Lanier, Henry, 2004). Anomia in a society or social group can lead to pathological reactions in individuals, such as suicide, crime, delinquency or prostitution. The theory of inequality of opportunity involves a combination of anomie, that of differential association and that of subcultures. Cloward and Ohlin admit the existence of deep inequalities between the different social classes when it comes to legitimately accessing culturally and socially accepted goals. Members of the most depressed groups would use illegitimate means to achieve their goals (Newburn, 2012). But the innovation of these authors is to consider that young people do not access illegitimate means in the same way. The acquisition of a conformist role or role will be determined by a variety of factors, such as economic position, age, sex, race, personality, etc. Only in those neighborhoods where crime appears in a stable and institutionalized way will there be a fertile field of learning for the young (Marxist criminology, 2011). Three types of delinquent subcultures are distinguished according to the different types of neighborhoods of the lower class: Criminal subculture: in stable low class neighborhoods, where antisocial behavior is accepted as normal. Subculture of conflict: in less stable neighborhoods. The use of violence is promoted to access a privileged status. Subculture of withdrawal or abandonment: there are individuals who fail in the two types of opportunities (legitimate or illegitimate). They will choose alternative life forms to their community around drugs, alcohol or other forms of evasion. Sociological theories of the criminal phenomenon Mans behavior have always been the object of study and criticism. Criminality, because it is a complex social phenomenon, has generated a wide diversity of theories that try to explain the human behavior and that at the same time give us different perspectives of the criminal reality. The modern Criminal Sociology is not limited to emphasize the importance of the medium in the genesis of criminality but contemplates the criminal fact as a social phenomenon and pretends to explain the same according to a certain theoretical framework. In this chapter will be exposed the various theoretical currents that from Sociology changed the analytical panorama of criminality. The victimological problem has been discussed from different approaches, social and legal. Discussions have been made from an economic approach, reparations to victims, but this is a partial aspect of that complex relationship, more important than talking about an economic aspect, would be to analyze that link between the protagonists of the crime. The personality of the offender has always been the subject of investigation. The factors of personality are the fundamental factors in the genesis of crime, it makes psychology have an important function (Renzetti, 2013). Criminology recognizes the offender and tells how to fight him. All studies have focused on the figure of the delinquent, has always sought to seek the justification of crime in pathological characters, has sought something that distinguishes the criminal from the non-criminal.In 1961 a chromosomal malformation (XYY chromosome) is discovered to have found the cause of criminality, while taking into account the psychopathological structures of criminality. The delinquent has been much talked about, has tried to portray the delinquent physically, also its psychic characteristics, thus it will be affirmed that it has a degree of neuroticism, predisposition to risk, spontaneous aggressiveness, impulsive, etc ... Conclusion crime is not patrimony of a social class. The man participates in more criminal activities than the woman, the growth rates of female crime are increasing. The adults commit crimes more serious than the young. Juvenile criminality is more widespread than official statistics affirm. Young people are today victims of crime in proportion greater than the elderly (Stroebe, Kruglanski, Bar-Tal, Hewstone, 2012). It shows a failure of the criminal control of the crime, this is due to a plurality of factors, Can not be individualized in concrete instances of control, is a generalized failure. It is observed that there is a black figure of greater proportion in light offenses S in front of the bass. References ADLER, F. (2016).CRIMINOLOGY. [Place of publication not identified]: MCGRAW-HILL EDUCATION. Beirne, P. (2007).Criminology. New York: Oxford University Press. Belloc, H. (1923).On. London: Methuen. Conklin, J. (2013).Criminology. Boston: Pearson. DeKeseredy, W., Dragiewicz, M. (2012).Routledge handbook of critical criminology. Abingdon, Oxon: Routledge. Doherty, M. (2005).Criminology. London: Old Bailey. Eagly, A., Baron, R., Hamilton, V. (2010).Social psychology of group identity and social conflict. Washington, DC: American Psychological Association. Hagan, F.Introduction to criminology. Lanier, M., Henry, S. (2004).Essential criminology. Boulder Colo.: Westview. Marxist criminology. (2011). [Place of publication not identified]. Newburn, T. (2012).Key readings in criminology. London: Routledge. Parmelee, M. (2011).Criminology. New York, NY: Barnes Noble Digital Library. Renzetti, C. (2013).Key Ideas in Criminology : Feminist Criminology. Taylor and Francis. Stroebe, W., Kruglanski, A., Bar-Tal, D., Hewstone, M. (2012).The social psychology of intergroup conflict. Berlin [u.a.]: Springer.