Civil Justice, Sociological Factors of Stalking - Essay Example

Running head: CIVIL JUSTICE Civil Justice Insert Insert Affiliation Crime is prevalent in many parts of the world and there are various ideas as to why this is the case. Now some states in the US have lower percentages of certain types of criminal acts while others have a succession of the same type of crimes and they are escalating. Crimes of rape, obsession, murder, and stalking cases are all serious criminal acts. It has taken considerable time just to have some protective laws and statutes approved through congress to aid in the determent of these criminal intentions. Also, there is a grave concern as to how people react in times of crisis as was recently witnessed within the United States during the period of Hurricane Katrina. What is noted in this research is that normal, everyday people who would normally not associate themselves in any criminal actions feel impacted by their sociological and environmental situations (such as the hurricane) to go ahead and commit crime. The behavior of these actions is solely based on personal choice or we could say a rational type of theory of crime. This paper explores many reasons into the behaviors of crime as well as a little of the biological issues. It also offers up some of the criminal actions that are considered to be of a more detrimental nature to society as a whole. Civil Justice Cases of Stalking Any type of criminal behavior poses a threat to society but there are specific criminal actions that would seem to pose more of a higher percentage of concern. One of the scariest and deadly has to do with those who would stalk their unsuspecting victims. Although the definition of stalking varies from state to state the most common perception of this activity is of someone being involved with actions that almost certainly place an individual in a state of fear for their life (Using: National Center for Victims of Crime 1995). This form of crime has only just recently received the distinct classification of separation from other associative acts classified in the area of domestic violence. The reasons for this are difficult to pinpoint but the main assumption is due to the fact that the need to focus more fully on combating and minimizing it is the main cause of the legal changes stemming from its occurrences. This specific crime is difficult to find an estimate for simply because it is not reported by law enforcement like other crimes are. However, an approximated figure could be guessed to be around 1 in every 20 women in America will at some point become a victim of a stalker. Since Congress passed the 1994 Crime Bill, better statistics are now available to correctly calculate and determine how prevalent this type of violent criminal activity has become (Using: National Center for Victims of Crime 1995). Sociological Factors of Stalking Also, there are various phases of stalking and different reasons for the act of this crime taking place. It could be relative from an obsession over someone or it could be a simple obsession where an actual romantic relationship did in fact take place. In this category there are defining characteristics that lead up and actually provide a more concise interpretation of the stalking activity. These character traits are as follows: Socially maladjusted and inept Emotionally immature Often subject to feelings of powerlessness Unable to succeed in relationships by socially acceptable means Jealous bordering on paranoid Extremely insecure about themselves and suffering from low self-esteem (Using: National Center for Victims of Crime 1995). These are all typical characteristics and all of which can lead the possible offender into perpetrating violent tendencies towards the person of their obsession and stalking. Quite possibly it is these types of stalking cases, which stem from domestic violence situations, which have been found to be the most lethal type of stalking activities. In fact, these cases have a 75% higher risk of the victim being murdered by the stalker than in other noted crimes in this category. Therefore, more of an emphases needs to be placed more in this area of stalking than in ones where just a fantasy love obsession is occurring. The main concern law enforcement has in regards to these criminal acts is that; unlike other criminal behavior a stalkers actions are unpredictable and there fore pose a very real and highly serious threat to those in societies. Date Rape and Marital Rape Another type of criminal behavior that proves just as harmful as the predeceasing one are those that involve the act of rape, specifically date rape or marital rape. The crime rate for this particular activity has been soaring in the last couple of decades and this is basically due to the fear the victim has of being persecuted herself for a crime that was beyond her own control. This is especially confusing in the cases of marital rape. Many times the victim feels because she is married to the person responsible then it can't really be considered rape but this is just simply not true. This creates a serious problem for society as most of these types of offenses go left unpunished with the offender thinking he has the power and control he desires and the female is left defenseless (Using: Mid-Valley Women's Crisis Service 2003). Legally, any form of forced sexual relations is rape, be it in a marriage, committed relationship, or out at a party. When the word 'No' is uttered it means what the precise definition indicates. Marital rape is a crime that goes overlooked to often as well as instances of date rape. Social and Environmental Factors of Date Rape and Marital Rape The social and environmental factors that have a direct impact on this type of crime have to do with control and power. Those in dominating positions in the work force or perhaps simply those who want to always feel in control are susceptible to becoming an offender in marital or date rape instances. This is a heinous act and to often the women are faced with the brunt of the negativity when they do pursuer charges against the person responsible. This happens so often that, as was previously mentioned, the majority of cases go unreported. It is estimated that 10 percent of victims of this crime report the incident while many feel the only way to heal is to not tell anyone at all (Using: Mid-Valley Women's Crisis Service 2003). If law enforcement would simply provide a more guaranteed sense of support and give committed investigations into these type of situations then maybe more women would feel more assured and come forth so the offender could be prosecuted. Currently Oregon is the only well known state that has strict laws against marital rape and date rape as well. Until a harsher penalty is applied to this crime it is feared it will continue to escalate. It would also seem that it is the crimes that go unreported that pose the more serous threat to society because it allows the offender to repeat his crime. Often, those who rape use the excuses such as: "It was a date and she knew what to expect" or "She shouldn't have drunk so much if she didn't want to do it" (Using: Mid-Valley Women's Crisis Service 2003). However, there is never an excuse for rape and law enforcement needs to be willing to follow up on all these types of instances involving possible rape. Behavior Associative with Criminal Activity and Various Theories Theorists who study behavior patterns of criminals and who also analyze environmental and sociological factors have claimed many crimes rise rapidly in times of national catastrophes. This is obvious with the recent hurricanes that hit New Orleans, Louisiana, Alabama, and Florida. There were more instances of shoplifting, rape, hate crimes committed, vandalism, etc, than any other time during the entire year. This is assumed to be due to the knowledge that law enforcement officials are tied up with other important details during stressful times and don't have the ability or the means to control the rampant criminal activity that is going on elsewhere. Caitlin Jones (2005) insinuates that inherited genes and the associated environment have a tremendous effect in determining who will become criminals and who won't. It has been commonly discussed that the majority of criminals either suffer from a disassociate personality disorder or have some other form of psychological problem. Also, it is the assumption of many theorists that when a defective gene within an individual is coinciding with the environment surrounding the individual then the person is more apse to behave in an irrational and criminal manner whether intentionally or unintentionally. This is theorized to be the decades old debate of 'nature vs. nurture' (Jones 2005). Biological Considerations of Criminal Actions Earnest Hootens theory, on the other hand, focuses on biological issues of why people commit crimes (Melear 1998). Hottens theory insists that criminals have inherited factors that are unavoidable and are going to ultimately lead to a course of criminal activity. He also claims that it is biological factors that have the most detrimental effect on individual's actions. This train of thought is very similar to those of behaviorists but carries significant differences to varied to follow along the same belief system as behaviorists use in analyzing criminal and deviant behavior. Furthermore, Hootens belief followed more along the lines of Lombrosos's theory of the born criminal. Both of these theorists fully rationalized that criminal activity normally was carried out by those who, 'had a low grade mentality' (Melear 1998). Behaviorists however, totally disagree with this view point and emphases more logical reasoning in behind the occurrences of crime. Classical Criminology and Choices According to a number of theorists that follow the old school format of classical criminology, crime occurs simply due to the specific choices individuals make (Using: Choice Theories in Criminology 2005). The ideas associated with the classical method of determining crime make actual and coherent sense and are as included below: People freely choose all their behavior, that motives such as greed, revenge, need, anger, lust, jealously, thrill-seeking, and vanity are just expressions of free-will or at least expressions of personal choice, conclusion, or decision-making that people have made Choices can be controlled by fear of punishment, because people weight the potential benefits and consequences of crime, some people concluding that the risk of punishment is worth the satisfaction of crime The more certain, severe, and swift the punishment the greater its ability to control criminal behavior, especially if the punishment is fair and serves some rational and legitimate purpose (Using: Choice Theories in Criminology 2005). In conclusion, research carried out through the years has surmised that crimes always have some form of motivation in behind them. Whether criminal activities take place due to acts of revenge or hate, and possibly simply by personal choice or following the behavior patterns of the environment which the offender has grown up in, crime causes serious sociological problems period. It is up to law enforcement to keep it to a minimum and to find ways to prevent reoccurrences of it. Respect for one another should be the essential key in deterring crime but as of now this alone is not enough nor a logical solution by itself unless other necessary strategies to fight crime are involved as well. References Caitlin, Jones (2005) Genetic and Environmental Influences on Criminal Behavior Retrieved December 30, 2005, from: http://www.personalityresearch.org/papers/jones.html Choice Theories in Criminology (2005) Variety of Choice Theories Retrieved December 30, 2005, from: http://www.faculty.ncwc.edu/toconner/301/301ect02a.htm Melear, K.B. (1998) The Criminological Theory of Ernest A. Hooten Retrieved December 30, 2005, from: http://www.criminology.fsu.edu/crimtheory/hooten.html Mid-Valley Women's Crisis Service (2003) Sexual Assault: Marital Rape and Power Rape Retrieved December 30, 2005, from: http://www.mvwcs.com/maritalrape.html National Center for Victims of Crime (1995) Stalking, Questions and Answers Retrieved December 30, 2005, from: http://www.ncvc.org/ncvc/main.aspxdbName=DocumentViewer & Document ID=32456 Read More