Exploration of Criminal Law

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As we begin our exploration of Criminal Law, our textbook lays some foundational history as to the role criminal
law has played as it has evolved. Specifically your textbook discusses the differences in positions by Durkheim
and Marx.
Durkheim felt that laws were agreed upon standards of society, but Marx felt that laws were put in place by a
society’s elite to serve the elite’s interests. Compare and Contrast the foundational beliefs of these two
opposing viewpoints.
Which do you think is closer to the truth? Support your position.
Based on which a person feels is the more accurate history of criminal law, do you believe that perspective
“taints” ( for good or bad) the way that they view enforcement of criminal laws and prosecution of suspects?
Thoroughly support your position.
After your required reading and research, what do you see as the advantages and disadvantages of a common
law system?
Over the next several weeks, we will be expounding on the legislative intent ( purpose behind the law) for
specific crimes – this historical perspective discussion will serve as a helpful foundation as we look to modern
society’s codified ( written) laws.
As we discuss the necessary evidence required for Criminal prosecutions of crimes, confessions continue to
come up as valuable pieces of evidence. They ARE valuable…juries especially place significant weight on
them when determining verdicts in criminal trials.
Just to explore the psychology behind “confessions”….Research confessions and locate statistics or data
regarding the truthfulness of confessions and/or the potential for them to be false. Discuss your findings within
this Discussion Forum.
What type of “false confessions” are there? Prior to researching this, had you ever considered if someone
would WILLINGLY confess to a crime they did not commit for any reason? What were some of the reasons
your research suggested this might occur? What is your response to those?
Do you think YOU would ever confess to a crime you did not commit?
What steps, or safeguards, can law enforcement and Prosecutors take to ensure validity of the confessions
that they seek to use in the criminal prosecution of a suspect? How important is this to the “justness” of our
Criminal Justice system?

 

 

 

 

 

 

 

Sample Solution

1th Century Scotland was deemed a very much patriarchal society. There was a clear concept of hierarchy in society, which Shakespeare demonstrates at different points within the play. The witches have been said to represent women’s attempt to gain power in a society that’s set up to give power only to men. In Jacobean society, women would have been towards the bottom of the Chain of Being and certainly below men. Similarly to Lady Macbeth in act 1 scene 5, the Witches endeavour to make appear increasingly manly in an attempt to acquire more power. Shakespeare gives the characters of the witches beards (You should be women, yet your beards forbid me to interpret that you are so’) to symbolise this desire. Macbeth’s hallucinations, or visions present the impact of the supernatural. One example of a hallucination is when Macbeth asks, ‘Is this a dagger which I see before me’. The fact that Macbeth is seeing a floating dagger, in his mind is another demonstration of the supernatural. Here, the supernatural is essentially pressing Macbeth to murder Duncan. Shakespeare could be purposefully highlighting how evil the supernatural is as it is not only telling him to kill – but commit the act of regicide, which in the 11th Century, was possibly the worst crime anyone could commit, along with communicating with the supernatural. During Macbeth’s soliloquy he questions if the dagger is just ‘a dagger of the mind’ or a ‘false creation’. This causes Macbeth to question his own psychological state and whether the dagger is just a hallucination, caused the pressure of Duncan’s homicide and the pressure placed on him by his manipulative and cunning wife, Lady Macbeth. The audience at the time will have been shocked by this as Jacobean society saw king’s as almost holy since they respected the divine right of kings. Furthermore, here, Shakespeare is displaying the power that the supernatural has over events in the play since Macbeth has been driven to insanity by a supernatural prophecy.

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