Wednesday, April 17, 2019
Criminal Law Will Never Be an Adequate Response for Dealing with Essay
Criminal Law allow for never Be an Adequate Response for Dealing with Complexities of Gendered, Sexualised and Racialised Violence - Essay ExampleThe other objective of immoral practice of righteousness is to make it possible for individuals to coexist in the society1. Other objectives let in to define the procedures of recognizing innocence or vice and to choose the form of treatment or punishment after the individual is convicted for violating societys laws2. The chief(prenominal) aim of the criminal law is to protect the society so that its members can be reasonably undecomposed as they carry out their constructive activities. Behaviours that atomic number 18 considered to be detrimental to the societys eudaimonia are made criminal. At all times, a balanced has to be attained between protect the society and the individual rights. There are three types of harm or dangers that the criminal protects the individual against, and they include vindication of the societal morals , protection from harm caused by others, and protection from harm emanating from ourselves. The just about common protection that criminal law offers include protection from harm caused by others. The obvious protection offered is found in laws against arson, rape, theft, and homicide. Individuals feel reasonably secure when majority of the people, most of the time, will not harm us in these or other ways, and that if we are harmed, the offender will be caught and punished.3 Criminal Law Will Never Be an Adequate Response for Dealing with the Complexities of Gendered, Sexualized and Racialised Violence Criminal Law Will Never Be an Adequate Response for Dealing with the Complexities of Gendered Violence In the majority of the countries in the world, criminal law is the conventional legal strategy utilized in addressing issues of violence against women. The laws are usually contained in planetary statutes like the penal codes that create the national criminal justice system. The pe nal codes apply to all individuals and in all areas within the nation. At times, the special statutes tackle certain types of violence such as scud and dowry violence. This form of legislation supplements penal codes, basic law, thus offering for a more focused regulatory control. However, in most cases, there gaps in special laws and penal codes, and this results in the inadequacies, and inefficiencies in the criminal justice system. It is important to note that the laws are not in place and thus, they are supposed to be reformed, expanded, and revised4. Due to ineffective enforcement, inefficiency in investigation, undue influence, and corruption, the criminal justice systems are said to be against women who are victims of violence. Thus, the procedural and substantive criminal laws and the law enforcement culture, lack gender sensitivity and they reflect an entrenched bias against women5. The criminal law alone cannot effectively deal with the problem of house servant violence . Majority of the aspects in domestic violence cannot be described as crime, and they do not into any classes of assault at a lower place the criminal law. For instance, a woman who is under infrequent sexual or physical assaults from her partner or husband may find that her day-to-day life is controlled by measures such as seeking leave on a daily basis to see her friends or family, take up education or employment, or even to go out. These women may generally feel incapable of doing so for fear of reaction. Thus, most of the women will not have the option of using criminal law. It is worth noting that criminal law will not effectively recognize the possible danger or escalation of the abuse when it attempts to challenge
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