Sample Essay on:
Criminal Law, Identity And Culture

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Essay / Research Paper Abstract

4 pages in length. In the late 1800s, Zebulon Reed Brockway - author of "The Ideal of a True Prison System for a State" - asserted that "the causes of crime are primarily in the person, secondarily in the circumstances that surround him;" since that time, myriad crime theories have evolved to correlate these two elements of criminal behavior. More specifically, the connection that exists between cultural identity and crime reflects a most critical component of what compels certain types of people to commit criminal acts. Bibliography lists 9 sources.

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4 pages (~225 words per page)

File: LM1_TLCcrimident.rtf

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the person, secondarily in the circumstances that surround him;i since that time, myriad crime theories have evolved in order to correlate these two elements of criminal behavior. More specifically, the connection that exists between cultural identity and crime reflects a most critical component of what theorists contend compels certain types of people to commit criminal acts over and above all others who have the same opportunities to do so. Cesare Lombroso espoused the theory of criminal activism in the 19th century, reflecting a belief that a combination of biological and constitutional traits kept an individual from moving forward "along the evolutionary scale as a normal person was able to do."ii Prichards psychopathic personality theory of 1835 set a precedent for suspecting moral insanity to be a precursor of criminal activity. Kich further encouraged this biological perspective with his constitutional psychopathic inferiority (1888) whereby criminals held a "lack of socialization rather than a genetic predisposition."iii Goulds concerns about production and effects of these theories revolved around how "repressive policies"iv caused them to be based in ideology rather than biology that historically justified such thinking as "in the name of science."v Labeling, Conflict and Social Control theories are two in particular where crime, culture and identity intersect, the former of which asserts how everyone maintains the potential to violate the law but does not do so out of social fear; people who do partake of illegal activities tend to "have few social bonds at stake"vi and therefore are not concerned with the consequences. The four elements associated with the Social Control theory include attachment, commitment, belief and involvement; inasmuch as criminals are typically not attached to or identify with anyone of substance in their lives -particularly positive parental role models ...

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