Criminal Law Will Never Be an Adequate Response for Dealing with Complexities of Gendered, Sexualised and Racialised Violence - Essay Example

Comments (0) Cite this document
Summary
Critical Discussion of Why Criminal Law Will Never Be an Adequate Response for Dealing with the Complexities of Gendered, Sexualized and Racialised Violence Criminal Law Criminal law is a branch of the law that describes crimes and offers for their punishment…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.7% of users find it useful
Criminal Law Will Never Be an Adequate Response for Dealing with Complexities of Gendered, Sexualised and Racialised Violence
Read TextPreview

Extract of sample "Criminal Law Will Never Be an Adequate Response for Dealing with Complexities of Gendered, Sexualised and Racialised Violence"

Download file to see previous pages The other objective of criminal law is to make it possible for individuals to coexist in the society1. Other objectives include to define the procedures of recognizing innocence or guilt and to choose the form of treatment or punishment after the individual is convicted for violating society’s laws2. The main aim of the criminal law is to protect the society so that its members can be reasonably secure as they carry out their constructive activities. Behaviours that are considered to be detrimental to the society’s welfare are made criminal. At all times, a balanced has to be attained between protecting the society and the individual rights. There are three types of harm or dangers that the criminal protects the individual against, and they include protection of the societal morals, protection from harm caused by others, and protection from harm emanating from ourselves. The most common protection that criminal law offers include protection from harm caused by others. The obvious protection offered is found in laws against arson, rape, theft, and homicide. Individuals feel reasonably secure when majority of the people, “most of the time, will not harm us in these or other ways, and that if we are harmed, the offender will be caught and punished.”3 Criminal Law Will Never Be an Adequate Response for Dealing with the Complexities of Gendered, Sexualized and Racialised Violence Criminal Law Will Never Be an Adequate Response for Dealing with the Complexities of Gendered Violence In the majority of the countries in the world, criminal law is the conventional legal strategy utilized in addressing issues of violence against women. The laws are usually contained in general statutes like the penal codes that create the national criminal justice system. The penal codes apply to all individuals and in all areas within the nation. At times, the special statutes tackle certain types of violence such as torture and dowry violence. This form of legislation supplements penal codes, basic law, thus offering for a more focussed regulatory control. However, in most cases, there gaps in special laws and penal codes, and this results in the inadequacies, and inefficiencies in the criminal justice system. It is important to note that the laws are not in place and thus, they are supposed to be reformed, expanded, and revised4. Due to ineffective enforcement, inefficiency in investigation, undue influence, and corruption, the criminal justice systems are said to be against women who are victims of violence. Thus, the procedural and substantive criminal laws and the law enforcement culture, lack gender sensitivity and they reflect an entrenched prejudice against women5. The criminal law alone cannot effectively deal with the problem of domestic violence. Majority of the aspects in domestic violence cannot be described as crime\, and they do not into any classes of assault under the criminal law. For instance, a woman who is under infrequent sexual or physical assaults from her partner or husband may find that her day-to-day life is controlled by measures such as seeking permission on a daily basis to see her friends or family, take up education or employment, or even to go out. These women may generally feel incapable of doing so for fear of reaction. Thus, most of the women will not have the option of using criminal law. It is worth noting that criminal law will not effectively recognize the possible danger or escalation of the abuse when it attempts to challenge ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Criminal Law Will Never Be an Adequate Response for Dealing with Essay”, n.d.)
Retrieved from https://studentshare.org/law/1445554-criminal-law-will-never-be-an-adequate-response
(Criminal Law Will Never Be an Adequate Response for Dealing With Essay)
https://studentshare.org/law/1445554-criminal-law-will-never-be-an-adequate-response.
“Criminal Law Will Never Be an Adequate Response for Dealing With Essay”, n.d. https://studentshare.org/law/1445554-criminal-law-will-never-be-an-adequate-response.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Criminal Law Will Never Be an Adequate Response for Dealing with Complexities of Gendered, Sexualised and Racialised Violence

Racialised and Gendered Barriers in Diverse Settings

...and professional careers still remain resolute in embracing diversity and maintain barriers for full inclusion to be carried out. This paper attempts to answer the question, “To what extent and in what sense can we say that professional and managerial careers are gendered and racialised?” It was Rev. Martin Luther King Jr. who inspired the concept of diversity when he advocated that character is what makes a person and not his skin color. This propelled lawmakers to come up with laws that provide equal opportunity to all (Mor Barak, 2000). These laws have been designed to protect anyone from discrimination for their gender, marital status, cultural...
10 Pages(2500 words)Essay

The Complexities of Gendered, Sexualized and Racialised Violence and the response of criminal law and criminal justice

...? The Complexities of Gendered, Sexualized and Racialized Violence and the response of criminal law and criminal justice Introduction The paper deals with the issue of and connection between masculinity and crime. The relationship between the occurrences of crimes, the role of gender in the crimes, and criminal justice. The paper looks into the correlation between crime and gender. The paper further looks into the aspect of rape and assumptions on the subject about gender and sexuality1. The generally accepted view is that that...
14 Pages(3500 words)Essay

Criminal Law

...of sexual infidelity of victim in defence to murder’ The Times (London, 30 January 2012) 49 Attorney General for Jersey v Holley [2005] 3 WLR 29 Clough A, ‘Loss of Self – control as a Defence: The Key to Replacing Provocation’ (2010) 74(2) JCL 118 — — ‘Sexual Infidelity: The Exclusion that never was?’ (2012) 76 JCL 382 Coroners and Justice Act 2009 Edwards SSM, ‘Anger and Fear as Justifiable Preludes for Loss of Self-Control’ (2010) 74(3) JCL 223 Gibb F, ‘Killers can use crime of passion defence, jurors told’ The Times (London, 18 January 2012) 9 Homicide Act 1957 Monaghan N, Criminal Law Directions (2nd edn, Oxford University Press 2012) Norrie A, ‘The Coroners and Justice Act 2009 –...
10 Pages(2500 words)Essay

Criminal justice/ criminal law

...?Q: Reflecting on the conflicts of interest evident in the progress of the first trial before the International Criminal Court, critically analyse the aims of the ICC against: the context of legitimacy, and; suggestions that the ICC should not aspire to influence peace-building and global governance. 1.0 Introduction The International Criminal Court (ICC) is a product of a century-long search for an international entity that could bring perpetrators of crimes that cannot be handled by a national court to justice, for one reason or another. The ICC, however, is not merely a tribunal that tries specific crimes, but an international entity that carries with it the responsibility of promoting...
16 Pages(4000 words)Essay

Dealing with Violence at Work

...? Dealing With Violence at Work “Dealing with violence at work” is a textbook that tries to show the behavior of workers in organizations. The textbook looks at the character of the employees in organizations by majoring on the aspect of violence. The author of the book tries to show some of the factors that lead to some workers getting violent at the work places and there remedies. For instance, in chapter six of the book, the author gives the organizations some of the ways of creating a pleasant working environment for the workers. From the information given by the author, organizations are able know the importance of creating a pleasant working...
4 Pages(1000 words)Case Study

Criminal Law / Civil Law

...? Criminal Law: USA v. Dr. Robert W. Stokes Criminal Law: USA v. Dr. Robert W. Stokes The case against Dr. Robert stokes According to Cornell University Law School, “Criminal law involves prosecution by the government of a person for an act that has been classified as a crime” (Cornell University Law School, 2010, Para 1). In a criminal case, the government, through a prosecutor, files the case and if individuals subject to the criminal case are found guilty, they are liable for incarceration, fine payment, or both. However, in civil cases, guilty parties are liable to...
3 Pages(750 words)Essay

Law Enforcement Response to School Violence

...a case for the juvenile courts. But if the level of violence was low and from students known not to be trouble makers, heavy-handedness may deteriorate the situation (Kimberly, 2004). The child might end up becoming more violent than ever before. Counseling and guidance here seems to produce the best results. In law enforcement response to school violence, the school might call in the relevant law enforcement agents to contain the situation. This may be in situations of school unrests where the violence of the students overwhelms the school capacity to handle it (Tonkin, 2006). They can be called in to break up demonstration by the...
6 Pages(1500 words)Essay

Criminal Justice/ Criminal Law

...Criminal Justice/ Criminal Law: Burden of Proof Criminal Justice/ Criminal Law: Burden of Proof Many are the times when peoplehave watched movies and films which dwell on criminal investigations and legal drama. In these films, the different aspects that are required for the prosecution, arraignment in court as well as sentencing of a person are brought forth. But some of the terms that are used in these films are never paid attention to and many just follow the plot. Terms such as criminal evidence, burden of proof, and innocent until proven guilty and beyond any reasonable doubt are...
8 Pages(2000 words)Research Paper

Domestic violence, Criminal justice

...Domestic violence, Criminal justice Domestic violence, Criminal justice Media Hatch, K. July 20). High profile domestic violence cases bring change in views. Retrieved September 28, 2014, from http://www.metrowestdailynews.com/article/20140720/News/140729811 The author talks of how high profile domestic violence cases have dominated headlines of the newspapers. The attention given to these cases is shown to lead to change of thought and action in handling the challenges. The spate of such cases is also shown to be a weakness in the legal system that handles domestic violence. as a result, the bill has been proposed that...
4 Pages(1000 words)Research Paper

Women with Children Dealing with Domestic Violence

...process as the decision will affect their lives. In the United States of America, there are two main dominant parties which the Democrat and the Republican parties. The two political parties have a huge support from the citizens and it also been operation for many years. Most of the political leaders are usually elected based on their agenda and what they are willing to do for the people. The issues that are currently under debate include the foreign policies, health and the justice system. The justice system has come under scrutiny after various events that have lowered its credibility (Abel, 2014). Violence against Women Act is the Federal law that is in place for the purposes of...
6 Pages(1500 words)Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Criminal Law Will Never Be an Adequate Response for Dealing with Complexities of Gendered, Sexualised and Racialised Violence for FREE!

Contact Us