Week 1 – Discussion 120 20 unread replies. 20 20 replies. Your initial discussion thread is due on Day 3 (Thursday) and you have until Day 7 (Monday) to respond to your classmates. Your grade will reflect both the quality of your initial post and the depth of your responses. Refer to the Discussion Forum Grading Rubric under the Settings icon above for guidance on how your discussion will be evaluated.

QUESTION

Your initial discussion thread is due on Day 3 (Thursday) and you have until Day 7 (Monday) to respond to your classmates. Your grade will reflect both the quality of your initial post and the depth of your responses. Refer to the Discussion Forum Grading Rubric under the Settings icon above for guidance on how your discussion will be evaluated.

Prior to beginning work on this discussion, read Pioneers in Criminology: The Historical Development of Criminology (Links to an external site.) and Evolution of Punishment (Links to an external site.). Additionally, watch 002 History of US Law and What Is the Law? (Links to an external site.)Western societies have been punishing criminal actors since ancient Greece. This begs the question of whether or not punishment is an effective means of crime control and recidivist reduction. As you explore the balance of freedom versus security and the history of criminal punishment, be willing to think of new ways to address and deter criminal behavior.

• If your last name begins with the letters A through L: Detail the history of criminal law. List and explain the major forces that created U.S. criminal law. Provide an opinion of whether or not criminal law provides the most effective way to deal with crime and recidivism. Your post must weigh the challenge between keeping people safe and protecting individual liberties. Offer one or two suggestions for improvement to the current criminal law system within which we operate.
• If your last name begins with the letters M through Z: Explain the history of punishment and its goals. Your response must detail the origins of punishment, how notions of what is “appropriate” punishment is for a given circumstance over time, and an analysis of the effectiveness of modern punishment methods and schemes. Offer one or two suggestions for improvement to methods of punishment currently in use.

Guided Response: Review several of your classmates’ posts. As you respond to your classmates for this discussion, consider the fact that societies have been punishing people for crimes for millennia. Has the United States adequately deterred crime and/or reduced recidivism? Does punishment work in all cases? What are alternatives to punishment to reduce crime rates?You must respond to at least two of your classmates’ posts, and at least one of your posts must be to a student addressing the prompt that you did not respond to in your initial, primary response. For example, if you responded to the history of punishment prompt, at least one of your two responses must be to a student who responded to the history of criminal law discussion board.

• Your responses must be at least 150 words of content and supported by a minimum of two scholarly and/or credible sources (i.e., classroom materials or reliable, outside sources).
• Support your responses with credible sourcing, either from the required readings this week, or from independent research that you conduct in the Ashford University Library or online.
• You are encouraged to post your required replies earlier in the week to promote more meaningful and interactive discourse in this discussion forum. Continue to monitor the discussion forum until 5:00 p.m. (Mountain Time) on Day 7, and respond with robust dialogue to anyone who replies to your initial post.

ANSWER

History of Criminal Law: Balancing Freedom, Security, and Effectiveness

Introduction

The history of criminal law in the United States is a complex tapestry woven by various influential forces. This discussion aims to explore the major factors that shaped U.S. criminal law, evaluate its effectiveness in dealing with crime and recidivism, and propose potential improvements to the current system.

History of Criminal Law in the United States

Colonial Influences: During the colonial period, English common law heavily influenced the development of criminal law in the United States. The early settlers brought with them the legal traditions and practices of England, which formed the foundation of the American legal system.

Constitutional Framework: The U.S. Constitution established a framework for criminal law by defining federal offenses and protecting individual rights (Rutz-Burri, n.d.). The Bill of Rights, specifically the Fourth, Fifth, Sixth, and Eighth Amendments, provides safeguards against unlawful searches and seizures, self-incrimination, denial of due process, and cruel and unusual punishment.

Legislative Action: Legislation at both the federal and state levels has played a crucial role in shaping criminal law. The enactment of criminal codes, statutes, and sentencing guidelines has aimed to define criminal acts, establish appropriate punishments, and deter criminal behavior.

Effectiveness of Criminal Law in Addressing Crime and Recidivism

Criminal law has undoubtedly contributed to maintaining public safety and deterring crime. However, its effectiveness in reducing recidivism, or the tendency of offenders to re-offend, remains a subject of debate (Katharina.kiener-Manu, n.d.). While punishment can serve as a deterrent, it often fails to address the underlying causes of criminal behavior, such as poverty, substance abuse, and mental health issues.

Balancing Freedom and Security

The challenge lies in striking the right balance between protecting individual liberties and ensuring public safety. Overly harsh penalties and strict sentencing policies may infringe upon civil liberties, disproportionately affect marginalized communities, and hinder rehabilitation efforts. Conversely, an overly lenient approach may compromise public safety.

Suggestions for Improvement

Focus on Rehabilitation: Prioritize rehabilitation programs and initiatives that address the root causes of criminal behavior, such as education, job training, and mental health services. By providing offenders with opportunities to reintegrate into society successfully, the likelihood of recidivism can be reduced.Restorative Justice: Implement restorative justice practices that emphasize repairing the harm caused by the crime, promoting dialogue between victims and offenders, and facilitating offender accountability (Restorative Justice: Assessing Optimistic and Pessimistic Accounts on JSTOR, n.d.). This approach shifts the focus from punishment to repairing relationships and fostering community healing.

Conclusion

In conclusion, while criminal law has been instrumental in maintaining social order and deterring crime, its effectiveness in reducing recidivism is limited. Striking a balance between freedom and security is essential, and improvements should focus on rehabilitation and restorative justice practices. By addressing the underlying causes of criminal behavior and promoting community healing, society can work towards a more effective and equitable criminal justice system.

References

Clear, T. R., & Frost, N. A. (2014). The punishment imperative: The rise and failure of mass incarceration in America. NYU Press.

Cole, D. (2016). Criminal justice in America. Cengage Learning.

Katharina.kiener-Manu. (n.d.). Crime Prevention & Criminal Justice Module 7 Key Issues: 2- Justifying punishment in the community. https://www.unodc.org/e4j/en/crime-prevention-criminal-justice/module-7/key-issues/2–justifying-punishment-in-the-community.html 

Restorative Justice: Assessing Optimistic and Pessimistic Accounts on JSTOR. (n.d.). https://www.jstor.org/stable/1147608 

Rutz-Burri, L. (n.d.). 3.3. Sources of Criminal Law: Federal and State Constitutions. Pressbooks. https://openoregon.pressbooks.pub/ccj230/chapter/8-3-overlap-of-criminal-law-and-civil-law/