The Origins of LawsThe Origins of LawsThe paradox is the more civilized man The paradox is the more civilized man becomes the greater man’s need for becomes the greater man’s need for

laws, the more laws he createslaws, the more laws he createsLAW is but a social response to social LAW is but a social response to social

needsneeds

LAWSLAWS Law is subtleLaw is subtle Criminal LawCriminal Law Civil LawCivil Law They reflect the social, intellectual They reflect the social, intellectual

and political climate of the time.and political climate of the time. Essentially Government controlEssentially Government control

LawsLaws Tend to be rigidTend to be rigid DiscriminatoryDiscriminatory Prescriptive-tells you what you must Prescriptive-tells you what you must

do do Proscriptive-forbids certain behaviorsProscriptive-forbids certain behaviors Comes from consensus and conflictComes from consensus and conflict Also, Legislatures, Agencies and Also, Legislatures, Agencies and

Courts/JudgesCourts/Judges

Reciprocal ArrangementReciprocal Arrangement The law exists in a sociological context—a The law exists in a sociological context—a

social construction.social construction. Society Law Society Law New LawNew LawLaw passes it impact societyLaw passes it impact societySociety creates and shapes law directly Society creates and shapes law directly

related to societyrelated to societyAction>>Law>>Impact on Action>>Law>>Impact on

society>>another Law?society>>another Law?

Factors In SocietyFactors In Society Social ConditionsSocial Conditions Social IdeasSocial Ideas Social ActorsSocial Actors

DevianceDeviance

Social ConditionsSocial Conditions EconomyEconomy Political StructurePolitical Structure Government SystemGovernment System DemographicsDemographics WarWar DepressionDepression Societal ForcesSocietal Forces

Laws as Social ControlLaws as Social Control Organized way to respond to deviant Organized way to respond to deviant

acts.acts. Intended to produce conformityIntended to produce conformity Exerts PressureExerts Pressure Laws are Laws are formalformal social control. social control. Last resort when other mechanisms Last resort when other mechanisms

failfail

Social IdeasSocial Ideas Peoples ValuesPeoples Values What people are thinking aboutWhat people are thinking about ““make love not war”make love not war” Not always positiveNot always positive ProhibitionProhibition Life issuesLife issues Drinking AgeDrinking Age Airport SecurityAirport Security ImmigrationImmigration

Social ActorsSocial Actors People who participate in a manner People who participate in a manner

to affect laws and their developmentto affect laws and their development Groups MADD AARP NRA Groups MADD AARP NRA Individuals who participate to change Individuals who participate to change

LAWSLAWS

Law as Social ControlLaw as Social ControlThe Justice SystemThe Justice System

Organized way in which society Organized way in which society responds to deviant behaviorresponds to deviant behavior

Exerts PressureExerts Pressure Retribution, Deterrence, Retribution, Deterrence,

Rehabilitation, and Incapacitation.Rehabilitation, and Incapacitation.

RetributionRetribution Assumes people are rationalAssumes people are rational ““rights” the wrong by restoring rights” the wrong by restoring

balancebalance ““Just Deserts”Just Deserts” VengeanceVengeance Jus recompenseJus recompense

DeterrenceDeterrence Punishment must out weigh the Punishment must out weigh the

crimecrime Punishments must be served enough Punishments must be served enough

to cancel any gainsto cancel any gains Demonstration to othersDemonstration to others Aimed at the individualAimed at the individual Punishment must be certain; and Punishment must be certain; and

swift.swift.

RehabilitationRehabilitation Flexible responseFlexible response Fix them/Help themFix them/Help them Prevent future acts through Prevent future acts through

interventionintervention Sentencing OptionsSentencing Options (Plea Bargaining)(Plea Bargaining)

IncapacitationIncapacitation IsolationIsolation Extreme DevianceExtreme Deviance Full cost of lost civil rightsFull cost of lost civil rights Today----system is less about Today----system is less about

rehabilitation and more about rehabilitation and more about punishmentpunishment

Why?????Why?????