Sunday, January 26, 2020

History Of Crime And Punishment

History Of Crime And Punishment Crime is defined as an act that the law makes punishable and is often called an offense. It is an offense against the public, as compared to a tort, which is a wrongdoing against an individual and gives rise to an action for damages. Crimes produce two kinds of injuries: Social and Personal. Social injury pertains to the State and it is repaired through the imposition of penalty prescribed by law, and Personal injury pertains to the offended party and it is repaired by indemnification which is civil in nature. It is precisely because of these deleterious effects that the State is empowered to make penal laws and compel its people to follow them in order to maintain peace. Crime has been in existence for a long time, although it was not called as such. In the Bible, Adam and Eve disobeyed the Lord by eating the fruit of the tree of knowledge despite an express prohibition to do so. Some may regard what they did as a crime, although against a different being. Biblical passages found in the first five books of the bible, collectively called Torah, have referred to the principle of an eye for an eye as basis of the imposition of penalty. The earliest codified set of crimes or offenses with corresponding punishment was the Code of Ur-Nammu dating back in 2050 BC. It was written in the Sumerian language and contained a list of prohibited acts with their corresponding penalty if violated. The Code had provisions on dismissal based on corruption, protection of the poor, and significantly, a system of punishment wherein the punishment for the crime committed is fair. Its name, Ur-Nammus Code, is actually a misnomer, because historians are of the opinion that his son, Shugli, is the actual author of the Code. In 1700 BC the Babylonian King, Hammurabi developed a code of laws with the principle, lex talionis (which literally means the law of retaliation), which was called the Hammurabis Code. This principle enshrined in ancient law, simply means that the offended party may return the same offending action to the origin of such act. For instance a person from one tribe kills a member of another tribe; the law allows the imposition of the same and equal penalty to the offending party, which means the offender shall be put to death. Lex talionis embodies the principle of exact retaliation. The penalty for the violation of the code was cruel, barbaric and inhumane. Theft was punished by cutting off a finger or the hand. The tongue was cut off if a person commits defamation. The judiciary is headed by a single person or a group of persons deciding on a case, not on merit or law, but on the basis of customs and tradition. In some cases, an accused was made to dive in the River Euphrates to find out if he is innocent or not. If the offender floats, it means he is innocent, therefore, he keeps his house and the accuser is put to death. However, if he drowns, it means that he is guilty and the accuser gets his house. In Ancient Greece, the penal law is described as being draconian, derived from Draco, the first Greek legislator. Laws were singled out as being merciless. Capital punishment or death was imposed for crimes, even for minor offenses. Ancient Rome had offered a more systematic system than Ancient Greece. However, the basis of penalty remained to be retribution and it was made incumbent upon the victims family to serve such punishment. Philippine Setting A system of government was already in place before the Spaniard conquered the Philippines in 1565. It was called barangay which came from the Malay word balangay which in turn meant boat. Why it was named as such is not clear, however, some historians opine that: It may be inferred that the seafaring Filipinos, to give name to their nostalgic memories as they sailed in the high seas towards the Philippine archipelago, named their villages after boats which brought them safely across the seas until they reached the Philippine Islands. The Datu was the head of the barangay. If the community was bigger, their leaders were called Rajahs. The Datu exercised Executive, Legislative and Judicial powers. Like today, both Oral and Written Laws existed. Historians had generally agreed, that the first codified set of laws in the Philippines is the Code of Kalantiyaw dating back from 1433, written by Datu Kalantiyaw. Instead of the word law, it consisted of the following orders: First Order. Ye shall not kill; neither shall ye do harm to the aged; lest ye incur the danger of death. All those who disobey shall be condemned to death by being drowned in the river or placed in boiling water. Second Order: Ye shall obey; let all your debts with the chief be met punctually. He who does not obey shall receive for the first one hundred lashes. If the debt is large, he shall be condemned to thrust his hand in thrice into boiling water. For the second time, he shall be condemned to be beaten to death. Third Order. Ye shall obey; let no one have women that are very young nor more than he can support; nor be given to excessive lust. He who shall not follow this order shall be condemned to swim for three hours for the first time, and for the second time, he shall be lacerated with thorns. Fourth Order. Observe and obey; let no one disturb the quiet of the graves. When passing by the caves and trees where they are, give respect to them. He who does not observe this shall be killed by ants, or beaten to death with thorns. Fifth Order. You shall obey; he who exchanges for food, let it be always done in accordance with his word. He who does not comply, shall be beaten for one hour, he who repeats the offense shall be exposed for one day among ants. Sixth Order. You shall be obliged to revere sights that are held in respect, such as those of trees of recognized worth and other sights. He who fails to comply shall pay with one months work in gold or in honey. Seventh Order. These shall be put to death; he who kills trees of venerable appearance; who shoot arrows at night at old men and women; he who enters the houses of the headmen without permission; he who kills a shark or a streaked cayman. Eighth Order. Slavery for a doam (a certain period of time) shall be suffered by those who steal away the women of the headmen; by him who keep ill-tempered dogs that bite the headmen; by him who burns the fields of another. Ninth Order. All these shall be beaten for two days: who sing while traveling by night; kill the Manaul; tear the documents belonging to the headmen; are malicious liars; or who mock the dead. Tenth Order. It is decreed an obligation; that every mother teach secretly to her daughters matters pertaining to lust and prepare them for womanhood; let not men be cruel nor punish their women when they catch them in the act of adultery. Whoever shall disobey shall be killed by being cut to pieces and thrown to the caymans. Eleventh Order. These shall be burned: who by their strength or cunning have mocked at and escaped punishment or who have killed young boys; or try to steal away the women of the elders. Twelfth Order. These shall be drowned: all who interfere with their superiors, or their owners or masters; all those who abuse themselves through their lust; those who destroy their anitos (religious icons) by breaking them or throwing them down. Thirteenth Order. All these shall be exposed to ants for half a day: who kill black cats during a new moon; or steal anything from the chiefs or agorangs, however small the object may be. Fourteenth Order. These shall be made slave for life: who have beautiful daughters and deny them to the sons of chiefs, and with bad faith hide them away. Fifteenth Order. Concerning beliefs and traditions; these shall be beaten: who eat the diseased flesh of beasts which they hold in respect, or the herb which they consider good, who wound or kill the young of theManaul, or the white monkey. Sixteenth Order. The fingers shall be cut-off: of all those who break anitos of wood and clay in their alangans and temples; of those who destroy the daggers of the catalonans(priest/priestess), or break the drinking jars of the latter. Seventeenth Order. These shall be killed: who profane sites where anitos are kept, and sites where are buried the sacred things of their diwatas and headmen. He who performs his necessities in those places shall be burned. Eighteenth Order. Those who do not cause these rules to be obeyed: if they are headmen, they shall be put to death by being stoned and crushed; and if they are agorangs they shall be placed in rivers to be eaten by sharks and caymans. 1433. Despite Historians belief that the Kalantiyaw was the first codified set of laws in the Philippines, in 1968, William Henry Scott, proved that it was a forgery actually made in the 20th Century. However, such fact notwithstanding, there is a consensus among them that the ancient penal laws were similar to what was allegedly written by Kalantiyaw, if not the same, cruel, inhumane and barbaric. Penalty was disproportionate to the crime committed. Disputes, whether criminal or civil, were settled either by the head of the barangay, the council of elders or through arbitration. The ancient principle of lex talionis, which had a very narrow definition of, an eye for an eye, was very much alive in the early history of the Philippines, very much like in the other parts of the world at that time. Being a colony of Spain for more than three hundred years, the laws of the Philippines are combination of common and civil laws, which were a product of the lengthy period within which the country was under the Spanish regime. Political and commercial laws follow a common law direction, and, civil and criminal laws, follow the civil law. Although long before the Spaniards came, the Philippines had a judiciary, headed by the datu, it was the conquerors who gave as an organized system. The Royal Audencia was established to function as the Supreme Court during the Spanish Colonization of the Philippines, which had the power to settle controversies, and to check the abuses of the Governor General in the Philippines. On the side of the law, the Spanish Codigo Penal was extended to the Philippines by virtue of Royal Decree of 1870. This was eventually replaced with the Spanish Penal Code of 1848, by the Comision Codificadora de las Provincias de Ultramar, which was put in place by Spanish authorities, and took effect in the Philippines in July 14, 1876. The Spanish Penal Code contained two important innovations, which our old penal system did not have: incarceration, as a form of punishment, and parole, as a form of reward for good behaviour while incarcerated. Incarceration or imprisonment is the most relevant innovation that the Spanish colonizers introduced in our penal system. It was used to detain a person under suspicion of committing a crime, and to punish, incapacitate the offender, deter from committing an offense or rehabilitate him, upon conviction. Incarceration replaced the barbaric and inhumane penalties of olden times. The capital punishment, however, remained in the penal system, but was reserved for the most gruesome crimes, such as murder. The Spanish Penal Code remained in effect during the American colonization of the Philippines. However, seeing the need for penal law change, authorities formed a Committee on Revision, the primary function of which was to revise the Penal Code put in place by the Spaniards. The 1927 Commission on Revision headed by Anacleto Diaz, Quintin PAredes, Guilermo Guevara, Alex Reyes and Mariano de Joya, as members. The Committee based the revised code on the Spanish Penal Code of 1848. On December 8, 1930, Act No. 3815 or the Revised Penal Code of the Philippines took effect; however, it did not undergo important change of orientation or structure. The Revised Penal Code remain in effect today, with substantially the same list of crimes and same fines, as the Spanish Penal Code of 1870. Punishment Punishment is an allowed and a desired form of social control, provided that it complies with the basic limitations provided for by municipal laws and relevant international laws. It is allowed to be imposed to preserve social order, which represents that state of peace and tranquillity, where individuals and groups are in keeping with the overall scheme, lending predictability to social institutions. More, importantly punishment is imposed to achieve justice. Ancient civilizations have based their concept of justice, primarily, on vengeance, retribution, and compensation. Punishment must be equal to the offense committed, such that if a person kills another, he shall be put to death as punishment for his crime. Punishment is imposed for various reasons, such as: to avenge the wrong doing against the offender, to instil fear in penalty if an offense is committed, to incapacitate the offender by keeping him detained so that he will not do any more crimes and, lastly, to reform the offender by individualizing his penalty which will, hopefully, lead to rehabilitation. These are the four philosophies of Punishment: Retribution, Deterrence, Incapacitation and Rehabilitation, respectively. In most parts of the world, retribution is the primary justification in imposing penalties. However, with the increasing respect for human dignity, restorative justice is gaining speed. Following the Enlightenment period, the value of human dignity surfaced. Immanuel Kant had said that not everything must be determined by value, dignity he says is the absolute inner value. The rising importance and awareness of human dignity resulted in the reduction of severe punishment infliction and paved way for the more modern systems of punishment such as incarceration and payment of fines for most minor offenses. The new millennium brought about divergent views on criminology. German philosopher Frederick Nietzsche in his book, The Birth of Tragedy, said, Mans highest good must be bought with a crime and paid for by the flood of grief and suffering which the offended divinities visit upon the human race in its noble ambition. Following the rise of criminology, many different views on punishment and its bases arose. In the 20th century, French philosopher and historian, Michel Foucault in his book, Discipline and Punish, made a study of criminalization or punishment as a coercive method of state control. He said that there are two types of punishment: Monarchical and Disciplinary. He said in his work that the purpose of penalty was an indefinite one, the problematization of the criminal behind his crime, the concern with a punishment that is a correction, a therapy, a normalization, the division of the act of judgement between various authorities that are supposed to measure, assess, diagnose, cure, transform individuals. According to Focault, this more modern concept of penalty being a form of correction is one of the bases of penalty. In modern times, punishment is said to be imposed for the purposes of: Retribution, Deterrence, Incapacitation and Rehabilitation. Retribution has gone a long from its ancient and very narrow definition of an eye for an eye. Such principle had since then evolved to mean, proportionality of the penalty to the gravity of the offense committed. The imposition of punishment is also seen as a deterrence in committing crimes. It is believed that by imposing a penalty for a wrongdoing, other people will not be committing crimes because of fear of having to suffer punishment. Incapacitation, on the other hand, means lessening the likelihood of the offender perpetrating an offense so you commit him in an institution. Lastly, rehabilitation is said to be one of the rationale behind the imposition of penalty. By rehabilitation it is meant that punishment must be used as an opportunity to make some positive change in the offender. Amongst the four philosophies behind the imposition of punishment, retribution is the most common justification in the imposition of penalty. Majority of the countries in the world adhere, primarily, to retributive justice, such as the Philippines, wherein retributive justice is the norm. However, due to increasing concern for human dignity, restorative justice is gaining popularity. In fact the present Constitution recognizes the need to preserve human dignity, thus: Section 11. The State values the dignity of every human person and guarantees full respect for human rights. The Philippines has, likewise, adhered to such principle, imminent from its more recent legislation such as the Juvenile Justice and Welfare Act of 2006, which explicitly provided for restorative justice principle. The imposition of punishment is brought about by the mandate in the constitution which provides: Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. In order to maintain peace and order within the territory, the State is empowered to make laws. However, such authority is not unbridled because the Constitution itself provides for a proscription on the imposition of cruel and unusual penalties, excessive fines and passing of an ex-post facto law. The same proscriptions are mirrored in the United Nations Universal Declaration on Human Rights, International Covenant on Civil and Political Rights, and Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to which the Philippines adhere to. Retributive justice vis-a-vis Restorative justice Retributive justice has been the primary justification of imposing punishment in most countries. It pertains to the old adage let the punishment fit the crime made popular by Cesario Beccaria or to the more popular an eye for an eye, the dominant principle during the ancient times. Retributive Justice deals with proportionality of the crime to the penalty to be imposed upon an offender. Restorative Justice, on the other hand, deals with individualizing the penalty given to a wrongdoer, keeping in mind that something must be done for the offender in order to reform him and keep him from doing crimes and to effectively reintegrate him to society. Rehabilitation, reformation and reintegration are basic premises. The rising interest on Restorative justice is brought about by the increased valuation and respect for human dignity. The fundamental premise in a retributive paradigm is that crimes are injuries against the state, while restorative justice emphasizes that crimes are more than offenses against the state, but primarily are violations against people and relationships. In the retributive model, a determination of blame and administration of blame is involved. On the other hand, in restorative justice, the interested parties, namely the offender, offended party and the community, action, reconciliation and reassurance. In retributive system, determination about whether a crime was committed, who did it and how should he be punished are the basic questions. It focuses on the offender and the crime that was committed and the penalty that the state must impose. Similarly, restorative justice is concerned with accountability, albeit primarily to the offended party and the community, and not to the State. Statement of the Problem Between the Retributive justice principles and Restorative justice paradigm, which is better suited for the Philippines? What is more in keeping with the general welfare? Which between retributive and restorative justice effectively addresses the value of human dignity despite it being a punishment? Consequently, will the new paradigm work, if there is indeed a shift from retributive paradigm to restorative justice? II. Objectives of the Study The objective of this study is to re-examine the retributive justice theory as the primary justification of imposing penalty, in light of the constitutional obligation of the State in affording the utmost respect for human dignity and human rights. Also, this study aims to determine, by comparing their values and principles, which between Retributive Justice and Restorative Justice is a better fit, as basis of imposing penalty, in light of the constitutional provisions as well as international instruments to which the Philippines is a signatory. Lastly, to determine the effectivity of using Restorative Justice, as basis of penalty, by examining countries which have adapted its principles. III. Significance of the Study The re-examination of the philosophies of punishment embodied in our penal laws will determine whether the current legal framework complies with the changes in the relevant laws which it is dependent upon. Upon the determination of compliance or non-compliance, necessary penal law reforms may be suggested to best conform to the changes. IV. Scope and Limitations The study will focus only on Retributive and Restorative Justice principles, concerning criminal matters only. The study will focus on the 1987 Constitution, specifically the provisions on the duty of the state to maintain peace and order, respect human dignity and proscription on cruel and unusual penalties and excessive an only and several fines, applicable penal laws , such as: the Revised Penal Code, the Death Penalty Law, Indeterminate Sentence Law, Probation Law and Juvenile Justice and Welfare Act, respectively. The study will make use of Supreme Court decisions, pronouncements which have touch upon Retributive and Restorative principles. To better understand the development of Retributive and Restorative justice, the use of foreign materials, American jurisprudence and International laws shall be extensively used. Non-legal books and other reference materials were utilized. V. Methodology/Organization of Thesis The proponent primarily used the library in the Ateneo Professional Schools, the Rizal Library in the Loyola Schools, as well as that of the Miguel de Benavides Library of the University of Santo Tomas in Manila. Materials from the Internet were also used, as well as Academic Papers, Journals and legislative documents or papers. Interview with a reputable authority in Criminal law was also conducted. This thesis shall be organized by chapters. The first chapter shall be the introductory chapter, which contains the background, objectives and significance of the study, the scope and limitations, and the methodology or the organization of the thesis. The background provides a brief discussion of the factual milieu of the study, which is done by providing a historical background and the current state of things. The objectives and significance will catalogue what the proponent seeks to achieve and what impact it will bring to the society. The limitations will set forth the constraints and applicability of the study. The second chapter is fully devoted to the purpose, scope, limitations, and sources of Criminal Law in the Philippines. A discussion of crime, punishment and the Revised Penal Code was also done. The third chapter contains an in depth discussion of the Retributive Justice Paradigm. The fourth chapter contains an examination of the Restorative Justice Philosophy. The fifth chapter contains the analysis of the author, after taking into consideration the relevant laws, international instruments and other material documents. Finally, chapter six contains the authors conclusion and recommendation. VI. Definition of Terms As found in the study, the following shall mean: a. Code: when used in a sentence shall pertain to the Revised Penal Code. b. Crime: for the purposes of the discussion, crimes shall be used synonymously with felony or offense. c. Felony: for the purposes of the discussion, felonies shall be used synonymously with offense or crime. d. Law: when used in a sentence, it shall pertain to the Revised Penal Code. e. Offense: for the purposes of the discussion, offenses shall be used synonymously with felony or crime.

Saturday, January 18, 2020

Law Enforcement Today Essay

Law enforcement is something that is needed in our country. As time has passed, crime rates have gone up. New types of crimes are created by just about anything. Let’s take a look at an example of a new crime starting up. People who are driving and texting is now becoming a crime. This may seem like something minor, but it can lead to something horrible, like the cause to a fatal accident. The driver who was busy texting his buddy that he was on the way to the bar could of caused him to get to close to another car and crash into it, causing vehicle damages and even death. With technology advancing, crime has gone up with it as well. Now people commit crime online by stealing credit card numbers and even a person’s identity. Our law enforcement agencies now have to stay on top of things in today’s world, because if they don’t, the bad guys will win. Our law enforcement agencies are made up of local, state, and federal. They interact with the U. S. Department of Homeland Security to ensure success with enforcing the law and keeping communities safe. They might not have the best relationship but there can be ways to improve that. Many people do not really understand the importance of law enforcement until they desperately need them to help in their time of need. Some of the things that we do not understand are that the law enforcement officers face many challenges in today’s society. Our officers have to go through much training to be where they are at today. They have witnessed horrible crimes that could possibly leave them traumatized for life. Aside from that, they face issues of racial profiling, extreme dangers during work hours, and learning how to deal with stress and facing a multicultural society. These officers have to suppress their emotions from what they face every day. They might even have to keep their business private from family members or they could face some type of judgment. People already act different toward any police officer. In some people’s eyes, the police are the bad guys. It is understandable because there have been many corrupt police officers that make it hard for the good guys. Some people feel that if the officer is a certain race, the officer will be for their own race and against theirs. For instance, a black police officer may be judged on his skin color and the citizens might feel that officer is protecting the black criminals. We have many law enforcement agencies with good people who are doing their best to serve and protect the people. The local law enforcement consists of different agencies, like the city police department, county sheriff’s office, transit authority police, school district police, and university police. Those are just a few. The state enforcement agencies consist of the attorney general, highway patrols, and department of criminal justice and there are more. The federal law enforcement agencies consist of the U. S. Department of Homeland Security, U. S. Immigration and Customers Enforcement, the FBI, and more. All of these agencies work together to keep our country balanced and in order. The Department of Homeland Security has the local, state, and federal agencies set to handle situations that involve natural disasters, acts of terrorism, and other types of disasters created by people. All agencies have a person who supports or recommends causes or policies that have to be enforced. These agencies are also provided with a point of contact for DHS in case of any situation arising that might involve them. With the law enforcement agencies working together, crime can be controlled and even prevented. I think if the police departments could be trained more on what the DHS does, maybe the relationship between them could become better. A way to build a better relationship would be to empower state and local agencies to have more power over things so in case of some type of terrorism or natural disaster, they will know what to do. Communication is a big factor in building the relationship between the agencies and DHS. If the right information is passed along the departments, this could allow for everyone to stay up-to-date with current crime and could possibly be prevented in the future, or help to better handle the situation once it happens. The relationship between law enforcement agencies and the people of our country needs to be improved as well. Many people do not realize what these officers go through. If a relationship bond could be formed with the people and the agencies, then that could also help for crimes to be stopped and prevented. Ensuring the safety of our country is what we need to focus on. There are too many crimes going on where it is basically our people against each other and that needs to stop. References http://www. golawenforcement. com/LawEnforcementAgencies. htm http://www. spiritofthelaw. org/sol1art6. html http://www. golawenforcement. com/StateAgencies/TexasLawEnforcement. htm http://www. dhs. gov/xlibrary/assets/foia/plcy_directive_252-11_office_for_state_and_local_law_enforcement. pdf http://www. heritage. org/research/reports/2011/08/homeland-security-4-0-overcoming-centralization-complacency-and-politics Schmalleger, F. 2011 Criminal Justice Today: An Introductory Te4xt for the 21st Century

Friday, January 10, 2020

Astonishing Info Regarding British English Essay Samples Unveiled

Astonishing Info Regarding British English Essay Samples Unveiled Moreover university student have to know English to access info. Another component which make English so popular is the fact that it is quite simple to learn. Perhaps the most frequent problem that students have, when they're assigned an essay, is they aren't even certain how to start. British English is quite a formal kind of the English language. Also bear in mind that academic titles will differ from nation to nation. It's also important since it is most typical language spoken everywhere. English is among the very best tool to set up our viewpoints. What the In-Crowd Won't Tell You About British English Essay Samples The simplest approach to set the sort of an essay is to realize the writer's point of view. In any event, you're sure to work with a writer who meets all the qualifications. The type of love one feels for his father differs from the type of love exactly the same person feels for his fiance e. Occasionally a superior instance of what you're attempting to achieve is well worth a 1000 words of advice! The British English Essay Samples Chronicles This essay examines the explanations for why assignment essays are beneficial for student learning and considers a number of the troubles with this technique of assessment. The very first step in the procedure for writing a superior essay doesn't involve much actual writing. Though a totally free case of an essay can act as an extremely guide, the reality is that your professors generally assign work which requires you to incorporate course material or recent newspaper articles. Just visit the search field, put in your topic and realize the list of essays collected from our site. Always bear in mind, any essay have three distinct components. The introduction portion of the essay is followed by the body section, that is the major part of the paper. The body of your essay should revolve around the specific qualities of the object you would like to concentrate on. The man is likely to forget some points. An important consideration to bear in mind is to make sure to don't have a thing in the essay that isn't related to your topic. If you've decided what you're likely to write, make a rough outline of how you're going to proceed before give it the last shot. It's therefore imperative you make sure you thoroughly plan it well and earn a draft (rough work) of the things which you're going to be discussing before you transfer the draft into the home work. Obviously, you'd always realised that EVENTUALLY you'd have to choose what to do with the remainder of your life. In conclusion, it looks like assignment essays continue to get a prominent part in tertiary education as an assessment tool. In the introduction tell the reader precisely what the focus of your essay will be and what facets of the object you are going to be focusing on. As an issue of fact, you always need to study examples of essays which were actually put into practice. English language has turned into one of our principal assets in obtaining an international leadership. For instance, if you're writing an essay on How Global Warming can be lowered, it is going to be a great idea you take a minute to define what global warming is about in your introductory paragraph. Your conclusion does not need to have to be complex or extraordinary. The introduction or the introductory paragraph is a rather relevant part of your essay due to the simple fact it states the principal idea of your composition. Sure, quoting is simpler than you believe. Ruthless British English Essay Samples Strategies Exploited There's no ideal solution on how best to compose an effective essay. Our normal essay examples are free while our custom essays can be obtained at sensible rates. To structure an essay, you should simply follow the aforementioned format. You can also see essay examples. When you are requested to compose an essay, attempt to discover some samples (models) of similar writing and learn how to observe the craft of the writer. If you're to really gain from model essays, you will need to understand how to read the techniques of the writer'. Such sample essays can be quite helpful, as they can give a complete picture of what a great essay is.

Wednesday, January 1, 2020

Prohibition Modern-Day Influence - Free Essay Example

Sample details Pages: 4 Words: 1301 Downloads: 10 Date added: 2019/10/30 Category Society Essay Level High school Tags: Prohibition Essay Did you like this example? The ultimate failure of the prohibition and eighteenth amendment provided a lot of repercussions, mostly negative. With the ban of liquor sales and distribution came a lot of room for new crime and ways to break the law; this left law enforcement to become stretched very thin while simultaneously paving a path for the future of America. Without the experiment that was the prohibition one could argue that the United States would not be the same is it is today. Don’t waste time! Our writers will create an original "Prohibition: Modern-Day Influence" essay for you Create order Though some might say that the prohibition was just an unsuccessful effort at making America sober, actually the amendment and the publics response is closely related to modern day legislature and the public. From how people identify politically, to the widespread popularity of organized crime; the prohibition directly influenced modern day society. Although the Volstead Act was ultimately a failure, it left America with a lot of everlasting consequences. For instance, the prohibition increased the popularity of organized crime throughout the nation. Speakeasies and bootleggers became a prominent among the states that adopted the amendment. One of the most notorious members of the organized crime family was Al Capone. Al Capone was one of the first criminals to master organized crime. Capone was a brilliant criminal, as he focused on organizing an international bootlegging system. He coordinated the importation of alcohol from different locations, including other states and even Canada, as well as the operation of hundreds of breweries and distilleries, many of which resided in Chicago. Capone also developed a system to dispense his alcohol, which involved distribution truck drivers, salespeople, speakeasies, and even body guards to protect his supplies. Capone did not get caught because he would bribe the majority of the police departments in the Chicago area. This type of organized crime was popularized and the same tactics used by Capone are still used today. The use of bribery in Capones operation was crucial in regards to his overwhelming success in bootlegging. The brief article by Sonia Benson entitled Organized Crime says, With bribery, or buying favors, gangs manage to protect their activities from law enforcement. Illegal businesses operated by organized crime gangs involve drugs, gambling, prostitution, and, during Prohibition (1920â€Å"33), alcohol (Benson). The article goes on to reference Al Capone as one of the most notorious gang members of the era. One can not argue that bribery itself was solely brought into popularity because of the Prohibition and Al Capone, but the entire concept of organized crime as in modern society can be attributed to Capone along with other mobsters from the prohibition. This was the first instance of major crime organizations coming to be, and if not for the p rohibition there may never have been such large crime rampant through American streets. When the eighteenth amendment came into law, there was an increase in alcohol consumption and sales. This can be attributed to people becoming concerned their civil liberties were being compromised. One could find that the increase in individuals who consume alcohol and the increase of alcoholism also brought about an increase in criminal organizations to regulate bootleg liquor and speakeasies. These criminals had almost no resistance from law enforcement because they were either bribing the police departments or the police were to busy cracking down on simply liquor transactions. With the widespread availability of bootlegged liquor there was no reason why someone could continue growing their unhealthy drinking habits. In an article by Bob Batchelor, simply entitled Bootlegging, the author says, the prohibition instigated a national drinking spree. This quote shows that 18th amendment brought about a sense of urgency within the American people to consume alcohol. The principle of i f something is taken away from you then you just want it more can be tied to modern day issues like gun control. Studies have shown that after major public shootings in America occur there is a spike in gun sales throughout the country. This can be credited to the threat of taking or banning all guns. Some of the American people are afraid that the government might implement a ban on guns so the urgency to purchase a firearm is increased. Jerome R. Stockfisch of the Tampa Bay Times reported that, Gunmakers shares surged on Friday. Smith Wesson Holdings Co. shares climbed 2.8 percent to $29.07, while shares in Sturm Ruger Co. closed up 4.9 percent at $67.65 (Stockfisch). This quote shows that after major shooting in America the stock in major gun companies sky rockets as more and more people purchase guns. The eighteenth amendment and how society reacted to it closely relates to modern-day issues, in terms of societal division and trying to find a suitable middle ground. Throughout the 1920s and prohibition era, there was a clear divide between those who were for the prohibition and ban of liquor and those who believed it was bad for American society. These two groups identified themselves as either wet or dry in regards to which group they identified as. The Wets were the citizens who were against the Eighteenth Amendment. This group was all for selling and drinking alcohol, they enjoyed it. The Drys on the other hand, were for this law. The Drys agreed that heavy drinking should be banned. In the article Alcohol and Crime: The Prohibition Experiment by Joseph R. Gusfield, the author discusses the parallels between how the eighteenth amendment divided people: Such an explanation ignores the fact that issues of drinking and its controls were very much in the foreground of American political, social, and legislative life from the 1820s through the 1920s. Dry and wet have been almost as essential in American politics as left and right'(Gusfield). This quote demonstrates the parallels that American society has had throughout history. The prohibition can be looked at as simply just another piece of legislature. The eighteenth amendment went through all the same processes to become law as any other piece of legislature and because of this was scrutinized the same. There were people for the amendment as well as against it. This shows the similarities of modern day political topics to the prohibition. With widespread alcoholism throughout the United States during the years leading into the 1920s, came the passage of the Eighteenth amendment in 1919, causing a nation-wide ban on liquor. The Eighteenth amendment caused the American public to start finding other ways to acquire once was such a pivotal part of American society, alcohol. This produced a new type of crime throughout the United States. In many ways the prohibition and consequences that followed can be related to modern day issues and politics. Although some might say that the prohibition was just a failed attempt at making America sober, actually the amendment and the publics reaction is closely related to modern day legislature and the public. Bibliography Batchelor, Bob. Bootlegging. Dictionary of American History, edited by Stanley I. Kutler, 3rd ed., vol. 1, Charles Scribners Sons, 2003, pp. 503-504. U.S. History In Context, https://link.galegroup.com/apps/doc/CX3401800513/UHIC?u=viva2_nvccsid=UHICxid=26065993. Accessed 11 Apr. 2018. Benson, Sonia, et al. Organized Crime. UXL Encyclopedia of U.S. History, vol. 6, UXL, 2009, pp. 1189-1190. U.S. History In Context, https://link.galegroup.com/apps/doc/CX3048900465/UHIC?u=viva2_nvccsid=UHICxid=5b10adb6. Accessed 22 Apr. 2018. Stockfisch, Jerome R. GUN SALES SPIKE IN WAKE OF VIOLENCE. Tampa Bay Times [St. Petersburg, FL], 9 July 2016, p. 4. U.S. History In Context, https://link.galegroup.com/apps/doc/A457620722/UHIC?u=viva2_nvccsid=UHICxid=e15bae14. Accessed 22 Apr. 2018. GUSFIELD, JOSEPH R. Alcohol and Crime: The Prohibition Experiment. Encyclopedia of Crime and Justice, edited by Joshua Dressler, 2nd ed., vol. 1, Macmillan Reference USA, 2002, pp. 44-50. U.S. History In Context, https://link.galegroup.com.eznvcc.vccs.edu:2048/apps/doc/CX3403000018/UHIC?u=viva2_nvccsid=UHICxid=08a2d8f2. Accessed 11 Apr. 2018.