CHAPTER 3 the Classical School of Criminological Thought

Total Page:16

File Type:pdf, Size:1020Kb

CHAPTER 3 the Classical School of Criminological Thought The Classical CHAPTER 3 School of Criminological Thought Wally Skalij/Los Angeles Times/Getty Images distribute or post, copy, not Do Copyright ©2018 by SAGE Publications, Inc. This work may not be reproduced or distributed in any form or by any means without express written permission of the publisher. Introduction LEARNING A 2009 report from the Death Penalty Information Center, citing a study OBJECTIVES based on FBI data and other national reports, showed that states with the death penalty have consistently higher murder rates than states without the death penalty.4 The report highlighted the fact that if the death penalty were As you read this chapter, acting as a deterrent, the gap between these two groups of states would be consider the following topics: expected to converge, or at least lessen over time. But that has not been the case. In fact, this disparity in murder rates has actually grown over the past • Identify the primitive two decades, with states allowing the death penalty having a 42% higher types of “theories” murder rate (as of 2007) compared with states that do not—up from only explaining why 4% in 1990. individuals committed violent and other Thus, it appears that in terms of deterrence theory, at least when it comes deviant acts for most to the death penalty, such potential punishment is not an effective deterrent. of human civilization. This chapter deals with the various issues and factors that go into offend- • Describe how the ers’ decision-making about committing crime. While many would likely Age of Enlightenment anticipate that potential murderers in states with the death penalty would be drastically altered the deterred from committing such offenses, this is clearly not the case, given theories for how and the findings of the study discussed above. This type of deterrence, or rather why individuals commit the lack thereof, regarding the death penalty and related issues makes up a crimes as well as how key portion of this chapter. distributeit changed criminal justice policies. This chapter examines explanations of criminal conduct that emphasize individuals’ ability to make decisions based on the potential consequencesor • Explain how Cesare of their behavior. The natural capability of human beings to make decisions Beccaria’s book in 1764 drastically influenced based on expected costs and benefits was acknowledged during the Age various criminal justice of Enlightenment in the 17th and 18th centuries. This understanding of systems throughout human capability led to what is considered the first rational theory of crimi- the world, and be able nal activity—namely, deterrence theory. Of any other perspective to date, to list the concepts deterrence theory has had the most profoundpost, impact on justice systems and propositions in our nation. Furthermore, it is easy to see examples in contemporary life recommended in his book. of offenders engaging in such rational decision-making, and a number of variations of this theoretical model have been developed that focus on the • Summarize what reasoning processes of people considering criminal acts. Jeremy Bentham contributed to this Such theories of human rationality stand in stark contrast to the theories movement toward the perpetuated for most of humancopy, civilization, up to the Age of Enlightenment— Classical School of theories that focused on religious or supernatural causes of crime. criminological thought. Additionally, the Classical School theories of crime are distinguished from the other theories we examine in future chapters by their emphasis on free • Explain what the will and rationalnot decision-making, which modern theories of crime tend to Neoclassical School of criminology ignore. Specifically, the theoretical perspectives discussed in this chapter contributed to the all focus on the human ability to choose one’s own behavior and destiny, propositions of the whereas paradigms popular before the Enlightenment and in contempo- Classical School Dorary times tend to emphasize the influence of external factors on individual that led most of choice. Therefore, the Classical School is perhaps the paradigm best suited the Western world for analysis of what types of calculations go on in someone’s head before (including the United States) to embrace committing a crime. this model as the major paradigm for the criminal justice system. Copyright ©2018 by SAGE Publications, Inc. This work may not be reproduced or distributed in any form or by any means without express written permission of the publisher. CASE STUDY DEBORAH JEANE PALFREY Deborah Jeane Palfrey, known as the “DC Madam,” was brought up on charges of racketeering and money launder- ing related to running a prostitution ring in Washington, DC, and surrounding suburbs in Maryland and Virginia. The clientele of this prostitution ring included some notable poli- ticians, such as state senators and other elected officials. Palfrey faced a maximum of 55 years in prison but likely would have received far less time had she not committed © AP Photo/Jacquelyn Martin suicide before her sentencing. Her body was found in a stor- age facility at her mother’s home in Tarpon Springs, Florida. Deborah Jeane Palfrey, known as the “D.C. Madam,” committed suicide before being sentenced. Her case News reports revealed that she had served time before reveals the potentially powerful effects of formal sanctions (for prostitution). Author Dan Moldea told Time magazine on individuals’ decision-making. that she had contacted him for a book he was working on and told him “she had done time once before . and On a related note, a special report from the U.S. it damned near killed her. She said there was enormous Department of Justice, Bureau of Justice Statistics, con- stress—it made her sick, she couldn’t take it, and she cludes that the suicide rate has been far higher among 1 wasn’t going to let that happen again.” The situation jail inmates than among prison inmates (see Figures 3.1 could have been worsened by the heightened media through 3.3).3 Specifically,distribute suicides in jails have tended attention this case received; while most prostitution cases over the past few decades to occur 300% (or three are handled by local or state courts, this one was handled times) more often than among prison inmates. by federal courts because it concerned Washington, DC. A likelyor reason for this phenomenon is that many It is quite likely that the impending maximum persons arrested and/or awaiting trial (which prison sentence led her to take her own life, is generally the status of those in jail) given what she had said to Moldea. This “SHE have more to lose, such as in their shows the type of deterrent effect relationships with family, friends, that jail or prison can have on an HAD DONE and employers, than do the individual—in this case, possibly TIME ONCE typical chronic offenders that leading her to choose death end up in prison. Specifically, over serving time. Ironically, BEFOREpost, . AND IT many of the individuals Palfrey had commented to DAMNED NEAR KILLED picked up for prostitu- the press, after the suicide tion and other relatively of a former employee in HER. SHE SAID THERE minor, albeit embarrass- her prostitution network— WAS ENORMOUS STRESS— ing, offenses are of the Brandy Britton, who hanged middle- and upper-class herself before going to trial— IT MADE HER SICK, SHE mentality and, thus, are ill- “I guess I’m made of some- COULDN’T TAKE IT, AND equipped to face the real- thing that Brandy Britton world consequences of wasn’t made of.”2 It seems copy, SHE WASN’T GOING TO their arrest. The good news that Palfrey had the same con- LET THAT HAPPEN is, this same Department of cerns as Britton, and she ended Justice report showed that up contradicting her bold state- AGAIN.” suicides in both jails and pris- ment when she ended her own life. ons have decreased during the not past few decades, likely due to better This case study provides an example policies in correctional settings regarding of the profound effects legal sanctions can persons considered at “high risk” for suicide. have on individuals. Legal sanctions are not meant to inspire offenders to end their lives, but this case does illustrate the potential deterrent effects of facing Do THINK ABOUT IT: punishment from the legal system. We can see this on a smaller scale when a speeding driver’s heart rate increases at the sight of a highway patrol or other police 1. Do you think that some of the clientele (e.g., notable vehicle (which studies show happens to most drivers). politicians) should have also been charged for a crim- Even though this offense would result in only a fine, it inal offense? is a good example of deterrence in our everyday lives. 2. Do you think it made a difference that this case was We will revisit the Palfrey case at the conclusion of this handled by federal courts rather than local or state chapter, after you have had a chance to review some of courts? the theoretical propositions and concepts that make up deterrence theory. 3. Do you think prostitution should be legal? Copyright ©2018 by SAGE Publications, Inc. This work may not be reproduced or distributed in any form or by any means without express written permission of the publisher. Chapter 3: The Classical School of Criminological Thought 61 FIGURE 3.1 Causes of Death in State Prisons and Local Jails, 2013 Illness 243 67 15 Suicide 46 7 Homicide 4 4 Intoxication 10 4 AIDS 3 3 Accident 4 1 Other/Unknown 3 0 50 100 150 200 250 300 Deaths per 100,000 Inmates distribute State Prison Inmates Local Jailor Inmates FIGURE 3.2 FIGURE 3.3 Suicide in State Prisons and Homicide in State Prisons and Local Jails post, Local Jails Suicides per 100,000 inmates Homicides per 100,000 inmates 140 60 120 50 100 40 80 Jails 30 60 Prisons 40 copy, 20 Prisons 20 10 Jails 0 0 1980 1985 1990 1995 2000 2005 2010 2015 1980 1985 1990 1995 2000 2005 2010 2015 Suicide was thenot leading cause of death in local jails in A third of homicides in state prisons in 2013 involved 2013 (34% of all jail deaths) and has been the leading prisoners age 45 or older between 2001 and 2013.
Recommended publications
  • Prison Abolition and Grounded Justice
    Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2015 Prison Abolition and Grounded Justice Allegra M. McLeod Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/1490 http://ssrn.com/abstract=2625217 62 UCLA L. Rev. 1156-1239 (2015) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Criminal Law Commons, Criminal Procedure Commons, Criminology Commons, and the Social Control, Law, Crime, and Deviance Commons Prison Abolition and Grounded Justice Allegra M. McLeod EVIEW R ABSTRACT This Article introduces to legal scholarship the first sustained discussion of prison LA LAW LA LAW C abolition and what I will call a “prison abolitionist ethic.” Prisons and punitive policing U produce tremendous brutality, violence, racial stratification, ideological rigidity, despair, and waste. Meanwhile, incarceration and prison-backed policing neither redress nor repair the very sorts of harms they are supposed to address—interpersonal violence, addiction, mental illness, and sexual abuse, among others. Yet despite persistent and increasing recognition of the deep problems that attend U.S. incarceration and prison- backed policing, criminal law scholarship has largely failed to consider how the goals of criminal law—principally deterrence, incapacitation, rehabilitation, and retributive justice—might be pursued by means entirely apart from criminal law enforcement. Abandoning prison-backed punishment and punitive policing remains generally unfathomable. This Article argues that the general reluctance to engage seriously an abolitionist framework represents a failure of moral, legal, and political imagination.
    [Show full text]
  • UNITED STATES DISTRICT COURT NORTHERN DISTRICT of INDIANA SOUTH BEND DIVISION in Re FEDEX GROUND PACKAGE SYSTEM, INC., EMPLOYMEN
    USDC IN/ND case 3:05-md-00527-RLM-MGG document 3279 filed 03/22/19 page 1 of 354 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION ) Case No. 3:05-MD-527 RLM In re FEDEX GROUND PACKAGE ) (MDL 1700) SYSTEM, INC., EMPLOYMENT ) PRACTICES LITIGATION ) ) ) THIS DOCUMENT RELATES TO: ) ) Carlene Craig, et. al. v. FedEx Case No. 3:05-cv-530 RLM ) Ground Package Systems, Inc., ) ) PROPOSED FINAL APPROVAL ORDER This matter came before the Court for hearing on March 11, 2019, to consider final approval of the proposed ERISA Class Action Settlement reached by and between Plaintiffs Leo Rittenhouse, Jeff Bramlage, Lawrence Liable, Kent Whistler, Mike Moore, Keith Berry, Matthew Cook, Heidi Law, Sylvia O’Brien, Neal Bergkamp, and Dominic Lupo1 (collectively, “the Named Plaintiffs”), on behalf of themselves and the Certified Class, and Defendant FedEx Ground Package System, Inc. (“FXG”) (collectively, “the Parties”), the terms of which Settlement are set forth in the Class Action Settlement Agreement (the “Settlement Agreement”) attached as Exhibit A to the Joint Declaration of Co-Lead Counsel in support of Preliminary Approval of the Kansas Class Action 1 Carlene Craig withdrew as a Named Plaintiff on November 29, 2006. See MDL Doc. No. 409. Named Plaintiffs Ronald Perry and Alan Pacheco are not movants for final approval and filed an objection [MDL Doc. Nos. 3251/3261]. USDC IN/ND case 3:05-md-00527-RLM-MGG document 3279 filed 03/22/19 page 2 of 354 Settlement [MDL Doc. No. 3154-1]. Also before the Court is ERISA Plaintiffs’ Unopposed Motion for Attorney’s Fees and for Payment of Service Awards to the Named Plaintiffs, filed with the Court on October 19, 2018 [MDL Doc.
    [Show full text]
  • Deterrence Daniel S
    Deterrence Daniel S. Nagin* The criminal justice system in a democratic society serves many vital social purposes. Among the most important is deterring crime. Going back to the pioneering work of the Enlightenment philosopher Cesare Beccaria, deterrence theorists have distinguished between the certainty and severity of punishment. Conventional wisdom, backed by considerable research evidence, is that the certainty of punishment, not its severity, is the more effective deterrent. Recent reviews of that evidence has led me to a refinement of the certainty principle—it is the certainty of apprehension not the severity of the ensuing consequences that is the more effective deterrent. This conclusion has several important implications for policy. First, it calls into question the effectiveness of over four decades of U.S. crime-control policy predicated on the premise that lengthy prison sentences are an effective deterrent to crime. Second, according to the revised certainty principle, crime-prevention policy should instead focus on bolstering the certainty of apprehension. Such policies mostly involve increasing police numbers or better use of the police by their strategic deployment in ways that heighten their presence in high- crime areas and/or reduce criminal opportunities at such places. INTRODUCTION The criminal justice system in a democratic society serves many vital social purposes. Among the most important is preventing crime. The system’s activities may prevent crime by three mechanisms. One is incapacitation.1 Convicted offenders are often punished with imprisonment. Incapacitation refers to the crimes averted by their physical isolation during the period of their incarceration. Two other mechanisms involve possible behavioral responses.
    [Show full text]
  • Introduction to Criminology
    PART 1 © Nevarpp/iStockphoto/Getty Images Introduction to Criminology CHAPTER 1 Crime and Criminology. 3 CHAPTER 2 The Incidence of Crime . 35 1 © Tithi Luadthong/Shutterstock CHAPTER 1 Crime and Criminology Crime and the fear of crime have permeated the fabric of American life. —Warren E. Burger, Chief Justice, U.S. Supreme Court1 Collective fear stimulates herd instinct, and tends to produce ferocity toward those who are not regarded as members of the herd. —Bertrand Russell2 OBJECTIVES • Define criminology, and understand how this field of study relates to other social science disciplines. Pg. 4 • Understand the meaning of scientific theory and its relationship to research and policy. Pg. 8 • Recognize how the media shape public perceptions of crime. Pg. 19 • Know the criteria for establishing causation, and identify the attributes of good research. Pg. 13 • Understand the politics of criminology and the importance of social context. Pg. 18 • Define criminal law, and understand the conflict and consensus perspectives on the law. Pg. 5 • Describe the various schools of criminological theory and the explanations that they provide. Pg. 9 of the public’s concern about the safety of their com- Introduction munities, crime is a perennial political issue that can- Crime is a social phenomenon that commands the didates for political office are compelled to address. attention and energy of the American public. When Dealing with crime commands a substantial por- crime statistics are announced or a particular crime tion of the country’s tax dollars. Criminal justice sys- goes viral, the public demands that “something be tem operations (police, courts, prisons) cost American done.” American citizens are concerned about their taxpayers over $270 billion annually.
    [Show full text]
  • Defining Purpose in Deterrence-Based Correctional Programs Cecelia Klingele
    University of Minnesota Law School Scholarship Repository Minnesota Law Review 2015 What Are We Hoping For? Defining Purpose in Deterrence-Based Correctional Programs Cecelia Klingele Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Klingele, Cecelia, "What Are We Hoping For? Defining Purpose in Deterrence-Based Correctional Programs" (2015). Minnesota Law Review. 265. https://scholarship.law.umn.edu/mlr/265 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. Essay What Are We Hoping For? Defining Purpose in Deterrence-Based Correctional Programs Cecelia Klingele† INTRODUCTION Probation has long offered individuals convicted of crime a way to avoid the deleterious effects of incarceration and remain in the community, bound by conditions designed to help them develop the routines and skills essential to a law-abiding life. The ultimate goal of probation is to promote desistance, the process by which a person formerly engaged in criminal offend- ing moves to a place of “long-term abstinence from crime.”1 This process of “making good” is often difficult, requiring a proba- tioner to abandon the habits and influences that have enabled criminal behavior and to develop law-abiding norms and prosocial relationships.2 Although probation historically involved close mentoring and monitoring by probation officers,3 growing caseloads and resource constraints often result in lax supervision and uneven enforcement of the conditions of supervision.4 As a result, in † Assistant Professor of Law, University of Wisconsin Law School.
    [Show full text]
  • Joe Rosochacki - Poems
    Poetry Series Joe Rosochacki - poems - Publication Date: 2015 Publisher: Poemhunter.com - The World's Poetry Archive Joe Rosochacki(April 8,1954) Although I am a musician, (BM in guitar performance & MA in Music Theory- literature, Eastern Michigan University) guitarist-composer- teacher, I often dabbled with lyrics and continued with my observations that I had written before in the mid-eighties My Observations are mostly prose with poetic lilt. Observations include historical facts, conjecture, objective and subjective views and things that perplex me in life. The Observations that I write are more or less Op. Ed. in format. Although I grew up in Hamtramck, Michigan in the US my current residence is now in Cumby, Texas and I am happily married to my wife, Judy. I invite to listen to my guitar works www.PoemHunter.com - The World's Poetry Archive 1 A Dead Hand You got to know when to hold ‘em, know when to fold ‘em, Know when to walk away and know when to run. You never count your money when you're sittin at the table. There'll be time enough for countin' when the dealins' done. David Reese too young to fold, David Reese a popular jack of all trades when it came to poker, The bluffing, the betting, the skill that he played poker, - was his ace of his sleeve. He played poker without deuces wild, not needing Jokers. To bad his lungs were not flushed out for him to breathe, Was is the casino smoke? Or was it his lifestyle in general? But whatever the circumstance was, he cashed out to soon, he had gone to see his maker, He was relatively young far from being too old.
    [Show full text]
  • Prison Conditions, Capital Punishment, and Deterrence
    Prison Conditions, Capital Punishment, and Deterrence Lawrence Katz, Harvard University and National Bureau of Economic Research, Steven D. Levitt, University of Chicago and American Bar Foundation, and Ellen Shustorovich, City University of New York Previous research has attempted to identify a deterrent effect of capital punishment. We argue that the quality of life in prison is likely to have a greater impact on criminal behavior than the death penalty. Using state-level panel data covering the period 1950±90, we demonstrate that the death rate among prisoners (the best available proxy for prison conditions) is negatively correlated with crime rates, consistent with deterrence. This finding is shown to be quite robust. In contrast, there is little systematic evidence that the execution rate influences crime rates in this time period. 1. Introduction For more than two decades the deterrent effect of capital punishment has been the subject of spirited academic debate. Following Ehrlich (1975), a number of studies have found evidence supporting a deterrent effect of the death penalty (Cloninger, 1977; Deadman and Pyle, 1989; Ehrlich, 1977; Ehrlich and Liu, 1999; Layson, 1985; Mocan and Gittings, 2001). A far larger set of studies have failed to ®nd deterrent effects of capital punishment (e.g., Avio, 1979, 1988; Bailey, 1982; Cheatwood, 1993; Forst, Filatov, and Klein, 1978; Grogger, 1990; Leamer, 1983; Passell and Taylor, 1977).1 Although only one small piece of the broader literature on the issue of We would like to thank Austan Goolsbee for comments and criticisms. The National Science Foundation provided ®nancial support. Send correspondence to: Steven Levitt, Department of Economics, University of Chicago, 1126 E.
    [Show full text]
  • Xerox University Microfilms 300 North Zeeb Road Ann Arbor, Michigan 48106 75-6523 HEMBREE, Charles William, 1939- NARRATIVE TECHNIQUE in the FICTION of EUDORA WELIY
    INFORMATION TO USERS This material was produced from a microfilm copy of the original document. While the most advanced technological means to photograph and reproduce this document have been used, the quality is heavily dependent upon the quality of the original submitted. The following explanation of techniques is provided to help you understand markings or patterns which may appear on this reproduction. 1.The sign or "target" for pages apparently lacking from the document photographed is "Missing Page(s)". If it was possible to obtain the missing page(s) or section, they are spliced into the film along with adjacent pages. This may have necessitated cutting thru an image and duplicating adjacent pages to insure you complete continuity. 2. When an image on the film is obliterated with a large round black mark, it is an indication that the photographer suspected that the copy may have moved during exposure and thus cause a blurred image. You will find a good image of the page in the adjacent frame. 3. When a map, drawing or chart, etc., was part of the material being photographed the photographer followed a definite method in "sectioning" the material. It is customary to begin photoing at the upper left hand corner of a large sheet and to continue photoing from left to right in equal sections with a small overlap. If necessary, sectioning is continued again - beginning below the first row and continuing on until complete. 4. The majority of users indicate that the textual content is of greatest value, however, a somewhat higher quality reproduction could be made from "photographs" if essential to the understanding of the dissertation.
    [Show full text]
  • Deterrence Theory: Key Findings and Challenges
    Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2019 Deterrence Theory: Key Findings and Challenges Alex Raskolnikov Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Law and Economics Commons Recommended Citation Alex Raskolnikov, Deterrence Theory: Key Findings and Challenges, CAMBRIDGE HANDBOOK OF COMPLIANCE, BENJAMIN VAN ROOIJ & D. DANIEL SOKOL, EDS., CAMBRIDGE UNIVERSITY PRESS, FORTHCOMING; COLUMBIA LAW & ECONOMICS WORKING PAPER NO. 610 (2019). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2576 This Working Paper is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. Deterrence Theory: Key Findings and Challenges Alex Raskolnikov† Governments regulate for many reasons, and deterring future undesirable acts is surely one of them. Economists have much to offer to deterrence-minded regulators. Economics studies how people respond to incentives, so economists can tell regulators how to deter. Economics also aspires to offer a rigorous definition of desirable behavior, so economists aim to tell regulators what to deter and why. This Chapter focuses on the economic analysis of deterrence. This analysis is not tied to any particular body of law. If we consider voluntary agreements among individuals—the subject of contract law—deterrence aims to induce efficient contracting, including efficient breach. If we focus on accidental harms governed by tort law, deterrence refers to assuring efficient levels of care and activity by tortfeasors and victims.
    [Show full text]
  • Rights of Transgender Adolescents to Sex Reassignment Treatment
    THE DOCTOR WON'T SEE YOU NOW: RIGHTS OF TRANSGENDER ADOLESCENTS TO SEX REASSIGNMENT TREATMENT SONJA SHIELD* I. INTRODUCTION .................................................................................................... 362 H . DEFINITIO NS ........................................................................................................ 365 III. THE HARMS SUFFERED BY TRANSGENDER ADOLESCENTS CREATE A NEED FOR EARLY TRANSITION .................................................... 367 A. DISCRIMINATION AND HARASSMENT FACED BY TRANSGENDER YOUTH .............. 367 1. School-based violence and harassment............................................................. 368 2. Discriminationby parents and thefoster care system ....................................... 372 3. Homelessness, poverty, and criminalization...................................................... 375 B. PHYSICAL AND MENTAL EFFECTS OF DELAYED TRANSITION ............................... 378 1. Puberty and physical changes ........................................................................... 378 2. M ental health issues ........................................................................................... 382 IV. MEDICAL AND PSYCHIATRIC RESPONSES TO TRANSGENDER PEOPLE ........................................................................................ 385 A. GENDER IDENTITY DISORDER TREATMENT ........................................................... 386 B. FEARS OF POST-TREATMENT REGRET ...................................................................
    [Show full text]
  • 2013 Sex Work and the Senate Swedish Meatballs | a Paper Bird.Pdf
    Sex work and the Senate: Swedish meatballs | a paper bird 9/14/13 9:06 AM a paper bird Un pajaro de papel en el pecho / Dice que el tiempo de los besos no ha llegado Sex work and the Senate: Swedish meatballs Posted on 14 September 2013 — Ny spännande möbel från IKEA! Med IKEAs nya PERVERS ställning kan man hotta upp sitt sexförhållande. Go ahead, translate that. There was a time when “the Swedish model” meant either some girl who was dating Leonardo DiCaprio, or a literary anthology of IKEA assembly instructions. Those were innocent days. Now it’s all about sex, and not of the unthreatening DiCaprio variety. Specifically, it refers to what Swedes call the Sexköpslagen or Sex Purchase Law, a 14-year-old act saying that no man kan hotta upp sitt sexförhållande with the use of money. The provision criminalizing the buyer but not the seller of sexual services has become a pattern for pushing legal repression elsewhere, including Canada, England, Scotland, and most recently Ireland. Now even the US Senate is under its influence. David Vitter is a boringly conservative Louisiana Republican. For the most part, he’s there to vote for whatever the oil industry tells him to, though he spikes up the monotony a bit by fighting same-sex marriage, crusading against gambling, and getting lewd women to dress him up in diapers. http://paper-bird.net/2013/09/14/sex-work-and-the-senate-swedish-meatballs/ Page 1 of 9 Sex work and the Senate: Swedish meatballs | a paper bird 9/14/13 9:06 AM The latter propensity started to make headlines during his first term in the Senate, in 2007.
    [Show full text]
  • Theories of Punishment: Changing Trends in Penology
    International Journal of Engineering and Advanced Technology (IJEAT) ISSN: 2249 – 8958, Volume-8, Issue-6S3, September 2019 Theories of Punishment: Changing Trends in Penology Sagar Shelke, Jyoti Dharm ABSTRACT---From the ancient time it is the fundamental includes qualitative research of various national and duty of the state to protect its citizens. The quantum of international books, and journals on the same topic. punishment used to be based on the theories of punishment. It The researcher would like to draw everyone‟s attention to has been observed in the modern times with the advent of the plight of the victim and justice to the victims. administration of justice that there has been a shift from traditional punishments to the new trending concern of 1] The theories of punishment are proving to be victimology. The focus is now on the victim’s plight and giving ineffective to curb down the crime rate. him fair justice and compensation. This paper contains various 2] More attention is given to the reformation of criminal theories of punishment and the elaboration of whether it’s which is less effective. effective in modern times. 3] The main sufferer of the crime that is victim is ignored in the process as focus remains on the criminal. KEYWORDS: theories of punishment, retributive, deterrent, 4] Steps are required to be taken to make the victim preventive, reformative. secure. I. INTRODUCTION III. FINDINGS In society we can see people of different sects and class. As not all the fingers are same, in the society too, there are From the time old to punish the criminal and to prevent citizens who abide by the law and others who flung the laws him to commit the crime again, the main purpose for for their evil motive.
    [Show full text]