Can Utilitarianism Improve the US Criminal Justice These were two different 'delinquent' groups in the 1960s, with different styles, musical tastes, and hobbies. If they had to worry that doctors might use their organs to help other patients, they would not, for example, allow doctors to anesthetize them for surgery because the resulting loss of consciousness would make them completely vulnerable and unable to defend themselves. In addition to applying in different contexts, it can also be used for deliberations about the interests of different persons and groups. Before considering causation and prevention discussed by sociological theories of crime, the definition of such theories is as follows: Sociological theories of crime try to interpret crime through societal conditions and explain deviant or criminal behaviour through the circumstances in which they occur. They see this as a form of rule worship, an irrational deference to rules that has no utilitarian justification (J. J. C. Smart). In emergency medical situations, for example, a driver may justifiably go through a red light or stop sign based on the drivers own assessment that a) this can be done safely and b) the situation is one in which even a short delay might cause dire harms. Specific Deterrence Some crimes are so harmful, they are simply always dysfunctional.. A standard objection to utilitarianism is that it could require us to violate the standards of justice. For them, what is right or wrong for a person to do depends on what is knowable by a person at a time. Their theory is predicated on the premise that when people's behaviour goes unchecked, they engage in criminal behaviour. What are the key limitations of Durkheims functionalist theory of crime and deviance? Snider (1993) argues that agencies of the criminal justice system, such as the police and court systems, control the masses by keeping them in a state of false consciousness - establishing ineffectual labour laws to obscure the reality of exploitation and preventing revolt. Finally, we'll evaluate the sociological theories of crime. This perspective explains crime and deviance as an aspect of certain subcultures and mainly focuses on crimes specific to the working class. Which types of crime are explained by status frustration theory that Durkheims and Mertons theories do not explain? It is these effects that determine whether they are right or wrong in specific cases. Rule utilitarians adopt a two part view that stresses the importance of moral rules. the disutility) of accidents can be very high. Since previous conceptions of crime tended to neglect the victim, the birth of right realism and left realism was a reaction to this. Actual consequence utilitarians might agree that the option with the highest expected utility is the best thing to do but they claim that it could still turn out to be the wrong action. Neo-Marxists argue that traditional Marxist criminology is far too deterministic. The purpose of this is to provide overall security to people in their jurisdiction, but this requires that criminal justice officials only have the authority to impose arrest and imprisonment on people who are actually believed to be guilty. creates more well-being) than other available actions. The key difference between act and rule utilitarianism is that act utilitarians apply the utilitarian principle directly to the evaluation of individual actions while rule utilitarians apply the utilitarian principle directly to the evaluation of rules and then evaluate individual actions by seeing if they obey or disobey those rules whose acceptance will produce the most utility. There needed to be a stable, cohesive working class community with contacts in both the mainstream and illegal Similarly, public officials can and should be partial to people in the jurisdiction in which they work. According to Chambliss (1976), laws that protect property ownership rights are much more loosely implemented than those that protect trade unions., Selective enforcement refers to the disproportionate prosecution of working-class criminals.
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