Essay on Criminal Law And The Law

1216 Words Nov 26th, 2016 5 Pages
‘The Criminal Law frequently results in unjust treatment of individuals and groups within society, which will not be solved by changing specific Laws.’ Critically discuss this statement in relation to the Criminal Law, using examples.

Law can be metaphorically defined as a body of authority and rules which is archaic, bias and irrational. The Law exercises power and, “resists and disqualifies alternative accounts of social reality”. Smart, C. (1989:4) Arguably in order to criminalise particular groups and individuals within society, despite claims that Law; logical, unbiased and rational. Criminal Law, also referred to as the penal Law is a system concerned with the punishment of offenders; those committing the ‘crimes’. Criminal Law has specific rules, “formulated and enforced by society’s rulers through its legislatures, courts and penal apparatus.” Johnstone, G and Ward,T. (2010)
However the authority in which the Law carries, often results in unfair treatment of individuals based upon their determining contexts. Furthermore, the impact and judgement from determining contexts, conceivably enact the outcomes of unjust ‘punishment’ to those which are vilified by particular state powers; police, media and the courts. A few examples of these groups and individuals within society are; women, children, working class and black ethnic minority groups. Or to recast this, any person who is not white, male, heterosexual and upper class. This further defies the Rule of Law,…

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