The Origins of Laws The paradox is the more civilized man becomes the greater man’s need for laws, the more laws he creates LAW is but a social response to social needs

LAWS Law is subtle Law is subtle Criminal Law Criminal Law Civil Law Civil Law They reflect the social, intellectual and political climate of the time. They reflect the social, intellectual and political climate of the time. Essentially Government control Essentially Government control

Laws Tend to be rigid Tend to be rigid Discriminatory Discriminatory Prescriptive-tells you what you must do Prescriptive-tells you what you must do Proscriptive-forbids certain behaviors Proscriptive-forbids certain behaviors Comes from consensus and conflict Comes from consensus and conflict Also, Legislatures, Agencies and Courts/Judges Also, Legislatures, Agencies and Courts/Judges

Reciprocal Arrangement The law exists in a sociological context—a social construction. The law exists in a sociological context—a social construction. Society Law New Law Law passes it impact society Society creates and shapes law directly related to society Action>>Law>>Impact on society>>another Law?

Factors In Society Social Conditions Social Conditions Social Ideas Social Ideas Social Actors Social Actors Deviance Deviance

Social Conditions Economy Economy Political Structure Political Structure Government System Government System Demographics Demographics War War Depression Depression Societal Forces Societal Forces

Laws as Social Control Organized way to respond to deviant acts. Organized way to respond to deviant acts. Intended to produce conformity Intended to produce conformity Exerts Pressure Exerts Pressure Laws are formal social control. Laws are formal social control. Last resort when other mechanisms fail Last resort when other mechanisms fail

Social Ideas Peoples Values Peoples Values What people are thinking about What people are thinking about “make love not war” “make love not war” Not always positive Not always positive Prohibition Prohibition Life issues Life issues Drinking Age Drinking Age Airport Security Airport Security Immigration Immigration

Social Actors People who participate in a manner to affect laws and their development People who participate in a manner to affect laws and their development Groups MADD AARP NRA Groups MADD AARP NRA Individuals who participate to change LAWS Individuals who participate to change LAWS

Law as Social Control The Justice System Organized way in which society responds to deviant behavior Organized way in which society responds to deviant behavior Exerts Pressure Exerts Pressure Retribution, Deterrence, Rehabilitation, and Incapacitation. Retribution, Deterrence, Rehabilitation, and Incapacitation.

Retribution Assumes people are rational Assumes people are rational “rights” the wrong by restoring balance “rights” the wrong by restoring balance “Just Deserts” “Just Deserts” Vengeance Vengeance Jus recompense Jus recompense

Deterrence Punishment must out weigh the crime Punishment must out weigh the crime Punishments must be served enough to cancel any gains Punishments must be served enough to cancel any gains Demonstration to others Demonstration to others Aimed at the individual Aimed at the individual Punishment must be certain; and swift. Punishment must be certain; and swift.

Rehabilitation Flexible response Flexible response Fix them/Help them Fix them/Help them Prevent future acts through intervention Prevent future acts through intervention Sentencing Options Sentencing Options (Plea Bargaining) (Plea Bargaining)

Incapacitation Isolation Isolation Extreme Deviance Extreme Deviance Full cost of lost civil rights Full cost of lost civil rights Today----system is less about rehabilitation and more about punishment Today----system is less about rehabilitation and more about punishment Why????? Why?????