Saturday, January 29, 2022

CRIMINAL LAW AND ITS REALITY_Crescent school of law_Shakeel A

 


 

CRIMINAL LAW 

 

MOHAMMED SHAKEEL.A

CRESCENT SCHOOL OF LAW

 

 ABSTRACT:

By all accounts crimes are increasing inordinately. Presently, in order to crack down and reduce the number of crimes our government is strengthening the criminal law section. Despite of having stricter laws, Straight from the shoulder we don’t see any improvement. Crime is getting increased by 30 percent every year. Evidently NCRB Data shows increasing crime against women and elderly, etc. It is very horrendous to hear rape, murder news. So in order to reduce the Crime rate we should plump for  temporary fixes such as strict laws rather we should know the rootcauses and go for permanent fixes.If we fix the root cause there is a greater probability of crime reduction, When there is no crime there is no need of law. A wonderful saying by  Louise I. Shelley “Violence in modern societies is ... increasingly associated with the commission of property crimes as individuals are willing to resort to whatever means necessary to secure desired goods.”.So in this blog we will also see how criminal law has helped structuring the society to some extent. We could get understood the concept of criminal law by relating Greek philosophy and sociology to get the rootcause. Finally 'WHAT IS THE USE OF CUTTING BRANCHES JUST TAKE THE ROOT OUT, THE PROBLEM IS OVER'. In this blog I have connected all aspects on how crime is getting increased, laws relating to crimes also getting increased in order to stop it such as how media, institutions, on how they play role in crime.

 

 

INTRODUCTION:

Before moving into the criminal law let us have a quick preview of what is crime and understand it in a broader perspective and in a philosophical way. Good people do not need laws to tell them to act responsibly , while bad people will find a way around the laws as plato said. whatever laws we implement they will always a way just like the earthworm.

 

PLATO, a great political philosopher believe crime is because of lack of education. Now days the meaning of education is misunderstood. That’s why crimes are increasing rapidly, but the crimes were comparatively lower in the ancient days. A SIMPLE SENSIBLE EXAMPLE: we are only taught that mouth is used for talking ,ears are for hearing, The real education is that USE YOUR VOICE FOR KINDNESS, YOUR EARS FOR COMPASSION, YOUR HANDS FOR CHARITY, YOUR MIND FOR TRUTH, YOUR HEART FOR LOVE .These teaching's decrease materialistic and external desires eventually making a man not commit any wrong

 


SO THE PRIMARY CAUSE OF THE CRIME IS EDUCATION NOT INTENTION, right education gives us the right intention by eliminating the sense of UNWANTED DESIRES. We will see this with an example,

A kid steals a candy bar because he wants to enjoy the taste, a dope addict sticks up a grocery store, shooting the owner, in order to get the money he needs to get “high”, a bank executive embezzles a million dollars so he can run off with his girlfriend to enjoy life in the Bahamas. What is the common motive behind these crimes? The desire for 'SENSE OF GRATIFICATION.'

The above picture shows materialism. Many criminologists and social scientists have identified the fact that 'materialism' is the root cause of crime. As it leads people to believe that sense enjoyment will satisfy them and most crimes are directly or indirectly connected to the attempt to find satisfaction in sense enjoyment.

Presently media and many other institutions are projecting us that goal of life is just a sensual pleasure. Also confusing people by projecting success gives them happiness. In broader perspective  "SUCCESS NEVER GIVES HAPPINESS, HAPPINESS GIVES SUCCESS."

See this poor guy is not satisfied with everything he has just like Vijay Mallya.


 

You might think how does it make sense. Does it really influence? LETS SEE.

 

The criminal is just responding to this message the best way he knows how. He’s just trying to get the things the TV says he needs to be happy. He’s just trying to be the central enjoying agent—the lord—that he’s been taught he needs to be. So he needs a flashy car, fine clothes, a big house, a color TV, a gold watch, a yacht, etc. because we are surrounded by a materialistic society projecting us that WEALTH and POWER are the goal of life.

It doesn’t matter whether one is a rich criminal or poor criminal ,they both assume themselves that these material things would satisfy them. Basically they are in a illusion

 

If honourable courts and other judiciary sectors understand about the practical knowledge about the root cause of crime, then they can effectively deal with the criminal problems facing us today. Only by knowing this real root cause can an effective solution be found.

 

WAYS TO IMPROVE CRIMINAL LAWS:

So now you have reached the point. Now the question is how to strengthen criminal laws .

The current criminals are doing better by suppressing some of the major crimes…But its not enough as we saw crime is increasing year by year.

One thing is that we need to strengthen the root cause of the problem which is education

Secondly, we need implement insane strict laws.

If you miss any of the thing above mentioned..It is like a fish without water

As  "MARCUS TULLIUS CICERO" said 'Century after century we are making mistake, that worrying upon things that cannot be changed'.

So we should not believe that crimes can be changed completely.

It can only be changed to an certain extent. I am not making anyone to understand , I am making each one of you to think and realize.

 

1)We should not see crime in a specific domain, we need to see it as whole. We need to implement and make changed to the law according to that.


IF WE SEE IT AS WHOLE, WE WILL BE ABLE TO CONNECT IT FROM ALL ASPECTS. EVENTUALLY WE WILL HAVE A GOOD POSSIBILITY OF SOLVING IT

 

2)We can introduce behavioral intervention programs,  For instance ,The  University of Chicago Crime Lab has done great work into many different policy proposals to fight crime.it has a eye on youth mentality towards crime.  Harold Pollack, co-director of the Crime Lab, said. "They have exercises that the kids do where they get to practice self-regulation, skills, and slowing down and negotiating with other people — the kinds of things that young boys growing up particularly in a tough environment haven't had enough of a chance to practice."

 

3) Cooperation and partnerships between government ministries and authorities, civil society organizations, the business sector, and private citizens are required given the wide-ranging nature of the causes of crime and the skills and responsibilities required to address them.



4) Most people don’t understand the word freedom and often misuse it.

   'Many think that freedom is whatever one can do rather freedom is the responsibility one holds'.

 

 

"INCREASING THE AWARNESS OF THESE MEASURES AND IMPLEMENTING THESE WILL EVENTUALLY STRENGTHEN THE CRIMINAL LAWS." I assure you that for sure we will see a positive change

HOPE FOR THE BEST!

 

 

 

 

 

                                                        THANKING YOU



SOURCES: https://legislative.gov.in/sites/default/files/A1860-45.pdf

https://www.uchicago.edu/education-and-research/center/crime_lab

https://www.ojp.gov/pdffiles1/Digitization/137713NCJRS.pdf

IMAGE SOURCES: https://www.oidp.net/img/repo/img799.jpg

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