Unjust Treatment Of Individuals And Groups Within Society

1216 Words 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
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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, meaning that all persons and states are equal before the Law and that no one is above the Law. Despite this, Bingham,T. (2010:85) states, “it would seem to be an obvious implication of the principle that everyone is bound by an entitled to protection of the …show more content…
Jon Venables and Robert Thompson, who were 10 at the time, abducted, tortured and murdered the toddler, James. As the media created a moral panic and the idea of children being, “folk devils”, the government and public called for the abolition of the Doli Incapax and for a lowering of criminal age of responsibility. Due to the mass moral panics, and other state powers, British society has swayed into, “support of evermore authoritarian responses to the troublesome and criminal behaviour perpetrated by children.” Jamieson, J. and Yates, J. (2009;76).Although it can be contended that the wider issue was not children ‘misbehaving’ and the worrying aspect of them torturing others; it was that the adult society seemed to have lost all vision that two children do not represent all children, in which they are small and very vulnerable at early stages of their lives. Making changes to a specific Law’s in order to demonise children will not solve particular crimes likes this- nor prevent

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