Constitution and Criminal law - Term Paper Example

ffer between societies the general consensus is such: “An act or the commission of an act that is forbidden or the omission of a duty that is commanded by a public law and that makes the offender liable to punishment by that law”(Merriam-Webster 2011). Based on this definition, the US Constitution has set up rights and punishments for those who commit crimes against the person including murder and other violent crimes. Although some will argue the treatment of criminals is morally unjust, those whose commit crimes against the person maintain their constitutional rights before and after arrest.

The word crime derives from the Latin word crīmen which meant “charge” or "cry of distress” which came from the Ancient Greek word krima (κρίμα), which described an intellectual mistake or an offense against the community (Harper 2010). Today, the definition of crime differs between societies. In fact, several sociologist and criminologist believe that crime is a social creation in itself. Entry into the penal system usually revolves around the process of neutralization and broken or unformed social bonds.

Hirschi theory of social bond help explains why individuals turn toward antisocial behaviors. According to Hirschi an effective social bond shields a person from the temptation of criminal behavior. A successful bond includes attachment, or feeling cared for; commitment, or investing in one’s reputation; conviction or believing in shared moral standards; and involvement or engagement in an enjoyable activity (Hirschi 1969). Criminal behavior is further encouraged by neutralization. According to drift theory by Gresham Sykes and David Matza, individuals can drift away from pro-social behaviors through techniques of neutralization.

These techniques essentially justify criminal and antisocial behavior. Techniques included blaming the victim, considering him/her as less than human, and, therefore, deserving of the violence; denying that harm was