UnitII BCJ 2501
Justiniancode refers to a set of laws derived from Roman laws and legalprinciples by the Roman Emperor Justinian with the aim of updatingthe Roman legal system (Schmalleger, 2012). The code stipulatesvarious laws such as marriage laws, criminal laws, adoption andinheritance laws. Modern laws were developed from the Justinian codewhereby governments had a reference from the Justinian code whendeveloping laws for their states. Additionally, some laws found inthe Justinian code are also common in modern laws such as anindividual is deemed innocent until proven guilty.
Theattractiveness of crime refers to a situation where the judgment madewhen a crime is committed based on the physical attractiveness of thedefendant and the nature of the crime whereby the crime can becharacterized as either attractiveness related or attractivenessunrelated. Therefore, an unattractive defender receives a severesentence compared to an attractive defendant for the same crimecommitted when it is characterized as an unattractive crime. However,when the crime committed is related to attractiveness, an attractivedefendant receives a severe treatment for the crime committed.
Onthe other hand, situational crime prevention focuses on eliminatingopportunities for the commission of a crime by altering environmentalfactors since it works on the premise that crime is opportunistic.Subsequently, this type of crime prevention modifies the settings forcrime by modifying the community and its institutions thereby makingcriminal activities less attractive to offenders. Therefore,situational crime prevention is an effective method of controllingcrime since crime occurrence needs not only a motivated offender butalso the existence of an appropriate target without a guardian(Schmalleger, 2012). Eliminating the opportunity for offenders tocause a crime safeguards the materials at risk of being stolenthereby curb the behavior of offenders. As a matter of fact,situation crime prevention protects agencies and individuals fromvictimization by obstructing the offenders whereby their attention isdrifted elsewhere.
Thedeterrent value of the death penalty outweighs its negative factorsbecause it is the only supreme punishment existing in the societythat helps to curb extreme vicious crimes such as murder. Extensiveevidence in the field of criminal law shows that when a murderer issentenced to death, potential murderers learn a lesson and changetheir mode of life since they fear to lose their life when convictedto death in the court of law. Additionally, death penalty helps insafeguarding the lives of individuals who work in special risk areassuch as prisons since inmates may gang up to kill them, but feardeath penalty that would accompany their heinous acts. However,statistics shows that the rates of murders are high in countries thatemploy capital punishment than those without it but variousresearchers suggest that these rates would be higher than the currentrates death penalty was inexistent (Schmalleger, 2012). Therefore,capital punishment prevents murders from occurring more than anyother form of punishment through creating fear since people feardeath. It may be perceived as a form of permanent incapacitationsince it prevents crimes such as murders from occurring again byeliminating murderers from the society. I think death sentence hasnot been applied in a racially discriminatory manner because theConstitution clearly stipulates a set of rights that each is entitledto irrespective of their race, gender, religion, and creed. Finally,courts are required to produce concrete evidence before making aruling on capital punishment hence ensuring justice for the defendantand eliminating discrimination based on the race in the judicialsystem.
Schmalleger,F. (2012). Criminologytoday: An integrative introduction (6thed.). Upper Saddle River, NJ: Prentice Hall.