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Statutory Law Does not Reflect Social Change

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Brown v. Board of Education passed into law in 1954, Miranda v. Arizona in 1966, and the Warren court has been out of existence for decades. New laws passed in the U.S. include all kinds of dictatorial aspects including the issue of Homeland Security where the Privacy Act has usurped all rights to an individual’s privacy. This is similar to reasoning behind the Sarbanes-Oxley Act, which requires public corporations to keep an electronic copy of every type of correspondence ever passing in or out of a company (including email and post it notes) so that a companies records are complete in case the company investigated by the Federal government. As this shows, statutory controls have gotten out of hand, not the least of which includes an ancient criminal justice system. 4 works cited. jvStatut.rtf

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decades. New laws passed in the U.S. include all kinds of dictatorial aspects including the issue of Homeland Security where the Privacy Act has usurped all rights to an individuals privacy. This is similar to reasoning behind the Sarbanes-Oxley Act, which requires public corporations to keep an electronic copy of every type of correspondence ever passing in or out of a company (including email and post it notes) so that a companies records are complete in case the company investigated by the Federal government. As this shows, statutory controls have gotten out of hand, not the least of which includes an ancient criminal justice system. H. Richard Uviller has posited that in the American Criminal Justice system, Americans have far fewer rights in criminal courts than citizens of other countries (Dripps 39). Under Muslim law, for example, though a victims family has the right to claim the life of an offender, victims and their families are asked by the court to turn the other cheek, while in the United States and Canada, one of the fastest growing industries is the correctional system. This contrasts starkly with new criminal justice systems in Europe that provide for human rights and restorative justice systems based in positivistic rather than classical criminal justice theories. Classical criminal justice theory states that if a person is born poor, with few exceptions, he is destined to act criminally because it is rare to rise above poverty. This theory operates on the assumption where "linearity and order [are] the baseline of society, with nonlinearity and disorder representing deviation" (Arrigo and Williams 184). The problem is that society is not orderly and there is a postmodern theory among sociologists who believe chaos is the ...

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