In Two Cultures of Punishment by Joshua Kleinfield (2016), the Kleinfield compares how American and European nations differ in moral visions when inflicting punishment upon the offender. In America, crimes that are committed are viewed as morally wrong, not just to the victim, but to the entire society . In contrast, the legal system in Europe believes that the crime itself is separate from the offender in which that all human beings are essentially good. Furthermore, Kleinfield suggests that hard treatment and control are both significant in terms of how punishment is defined and function. Kleinfield, then, explains how human beings decides on the foundations of rights when they choose to punish. Lastly, Kleinfield states how the ideas of
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the United States of America by Megan Tongue (2016), Tongue explores the differences between the American and European legal system—specifically focusing on the sentencing procedures for murder. In addition, Tongue delves into the why each country selects the specified method of punishment by tying in the history of criminal law, exploring modern law in the twentieth century, and how modern procedures including the influence of government and politics have on sentencing. The history of criminal law dates back from when America separated itself from Britain and created their own legal framework. Although the law colonial America was still British law, the American society formulated their own Magna Carta, Bill of Rights, and Constitution. Religion also become an important element within society as it helped created the legal system that is reinforced my societal and cultural values. For example, murder was viewed as “not just a crime against the state, it was a crime against God.” (Tongue, 2016, p.1264). Unlike the United Kingdom, the United States still favored the death penalty and also allows prosecutors immense control within the courtroom. An interesting part within this article is that the United Kingdom imposes a mandatory sentence for specific crimes—this in turn may hinder the legal framework as it does not allow leeway for cases to be individualized based …show more content…
Out of all the nations, America has the largest incarceration rates in the world. How can America justify its methods of punishment when there are plenty of non-violent offenders residing in jails or prisons? From establishing the war on drugs, minimum sentencing laws, or sentence enhancements, America still has much to do to lower its incarceration rate. Can the United States successfully argue that punishing a non-violent drug offender with life without parole is fitting? The epidemic of mass incarceration within America speaks volumes as there is a continued pattern of imprisoning than
the United States of America by Megan Tongue (2016), Tongue explores the differences between the American and European legal system—specifically focusing on the sentencing procedures for murder. In addition, Tongue delves into the why each country selects the specified method of punishment by tying in the history of criminal law, exploring modern law in the twentieth century, and how modern procedures including the influence of government and politics have on sentencing. The history of criminal law dates back from when America separated itself from Britain and created their own legal framework. Although the law colonial America was still British law, the American society formulated their own Magna Carta, Bill of Rights, and Constitution. Religion also become an important element within society as it helped created the legal system that is reinforced my societal and cultural values. For example, murder was viewed as “not just a crime against the state, it was a crime against God.” (Tongue, 2016, p.1264). Unlike the United Kingdom, the United States still favored the death penalty and also allows prosecutors immense control within the courtroom. An interesting part within this article is that the United Kingdom imposes a mandatory sentence for specific crimes—this in turn may hinder the legal framework as it does not allow leeway for cases to be individualized based …show more content…
Out of all the nations, America has the largest incarceration rates in the world. How can America justify its methods of punishment when there are plenty of non-violent offenders residing in jails or prisons? From establishing the war on drugs, minimum sentencing laws, or sentence enhancements, America still has much to do to lower its incarceration rate. Can the United States successfully argue that punishing a non-violent drug offender with life without parole is fitting? The epidemic of mass incarceration within America speaks volumes as there is a continued pattern of imprisoning than