Preview

Why Do Laws Have Exceptions Or Degrees?

Better Essays
Open Document
Open Document
1256 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Why Do Laws Have Exceptions Or Degrees?
Prompt: Should laws have exceptions or degrees and why?
Imagine a society in which apple thieves received the same punishment as child thieves and children were punished for not being able to think like adults. A society in which people in car accidents were deemed murderers and punished as such. Does this sound fair? A fair legal system should punish criminals based on how much their actions would hurt the individuals of society, in order to serve as a force of protection. Knowing this, the society described earlier clearly would be unjust because the laws lack exceptions or degrees. A legal system without exceptions or degrees would be unjust because it would ignore criminal intent, appropriate levels of responsibility, and the extent of
…show more content…
Criminal intent, or the latin concept mens rea meaning guilty mind, is a practice present in the United States legal system that is meant to ensure that people who commit criminal acts intended to do so, rather than having done so unknowingly or unintentionally. This makes sure that ‘bad people’, here defined as people who have intent to hurt others, are punished accordingly and that ‘good people’, defined here as those without intent to hurt others, are not punished too severely for something they had no intention of doing. Criminal intent is also important because it helps to ensure that we are removing ‘bad people’ from our society. An example in which criminal intent would play an important role is murder charges. This is because criminal intent would help to distinguish between whether a suspect had intended to kill someone in contrast to whether they had …show more content…
To begin, if laws didn’t have exceptions or degrees, children could be tried the same as adults for crimes. However, this would be unjust because children do not have the experience and decision-making abilities that mentally-healthy adults are expected to have. In fact, according to the American Psychological Association, teenagers have impaired judgment because of changes occurring in their prefrontal cortexes. Yet despite these apparent biological challenges, in a legal system without degrees or exceptions teenagers would be punished for crimes to the same extent as adults, who do not have these challenges. Children as well would be held to the same behavioral expectations as adults. Clearly this is unjust because children would be at a disadvantage and placed in a position in which they are expected to know as much about the world as adults even though they have not been alive for as long. This would be unequal and thus unjust. Similarly, laws without exceptions or degrees would punish those with mental disabilities as if they were the same as those without disabilities. This relates to mens rea because cases occur in which those with mental disabilities are, like teenagers, unable to make good decisions or control themselves, often leading them to do things they don’t understand or have no intention of doing. It is unjust to

You May Also Find These Documents Helpful

  • Powerful Essays

    Roper Vs Simmons Case Study

    • 2284 Words
    • 10 Pages

    It was noted that while juveniles are capable of committing truly heinous crimes, they are not fully culpable for three main reasons. The first reason discussed was that juveniles under the age of eighteen lack the maturity and responsibility that adults have attained. This shortcoming causes decisions and subsequent actions to be poorly thought out. Basically, juveniles are not responsible decision makers. This idea was supported by the fact that most states do not allow minors to vote, do jury duty, or get married without consent. The second rationale for why juveniles are less culpable than adults dealt with environment. It was suggested that juveniles lack control over their environment. They do not have the ability to remove themselves from an environment that encourages delinquency. Finally, juveniles are less culpable because they are still developing a sense of self identity. This suggests that behaviors exhibited now may not be part of their character in five or ten years, allowing for recovery. The majority then argued that the same reasoning they used in Stanford v. Kentucky applied to Roper v. Simmons, and that the eighth amendment did not allow for the execution of people under age eighteen due to lesser culpability (Counsel of Record,…

    • 2284 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    Historically, children have been regarded as constitutionally different from adults. This fact is evident in the way past cases have been decided. Certain juvenile characteristics such as their “ immaturity, impetuosity, and failure to appreciate risks and consequences” illustrates the clear discrepancy between children and adults. Furthermore, the majority contend that instances that call for punishment as severe as life imprisonment without parole will be exceedingly uncommon and rare. Requiring that all juvenile convicted of homicide are sentenced to life in prison without the possibility of parole regardless of age or other mitigating factors violates the principle of proportionality.…

    • 1029 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Many defendants who have cases that are correspondingly situated are tried unequally. In my opinion, there are many outside factors that are discussed far too excessively when trying an individual. Unjust resolutions of cases are produced because crime, prior history and race of the defendant are sometimes taken into more consideration rather than the exact context of each specific case being tried. For example, there was a case where four teenage boys committed the same crime but received drastically different punishments. Four boys all around the same age ransacked a home in Tampa Florida. After a few weeks, all boys were arrested. The boys faced the exact same charges: burglary and theft. Two out of the four boys were able to escape from harsh punishment. They were charged as juveniles and put on probation. Out of the four boys, two were Hispanic; the Hispanic boys are serving four-year sentences. All the boys in the cases were minors. This ruling of this case is unjust. This case proves that outside factors that are not involved in a case are playing roles in the sentencing. I believe that sentencing laws need to be more strict in order to maintain…

    • 493 Words
    • 2 Pages
    Good Essays
  • Good Essays

    “Juveniles under the age of 18 will display lower levels of psychosocial maturity than participants aged 18 or 25” (Bryan-Hancock and Casey 60). Steinberg found in an experiment that by the age of 21 participants appeared to be more stabilized in their judgment, indicating that young people may not reach levels of adult maturity until 21, and are developing skills in this domain mostly in the ages from 16 to 19 (Bryan-Hancock and Casey 59). This is to say that before 21 the brain is not stabilized in judgment, therefore when a young person commits a crime their not capable of judging the consequences of their actions like an adult. Research shows that although juveniles understand that their behaviors are considered wrong, due…

    • 936 Words
    • 4 Pages
    Good Essays
  • Good Essays

    You see people everyday getting different sentences and consequences for the same crimes. This happens because defendants differ when it comes to mentality, past crimes, culpability and blameworthiness. There has been recent brain imaging technology that shows from the “prefrontal cortex to the limbic area, the teenage brain is undergoing dramatic changes during adolescence in ways that affect teens ability to reason, to weigh consequences for their decisions and to delay gratification long enough to make careful short and long term choices.” (Schwartz 2010). MacArthur and his researches concluded that young people under the age of fifteen should never be tried as an…

    • 575 Words
    • 3 Pages
    Good Essays
  • Best Essays

    The case analysis:Bata Shoe

    • 3574 Words
    • 15 Pages

    Multinational enterprises (MNEs) like Bata must operate in countries with different political and legal conditions, so the political impact on the foreign investments is very important. This paper explains this issue based on the Bata case in three parts. The first part evaluates the different ways in which Bata has interacted with foreign political systems in its investments and operations aboard. In the second part, the advantages and disadvantages, which MNEs bring to their company and the host-country when doing foreign direct investment, are analyzed relating to the Bata case. And the last part gives a detailed analysis of the complex political impact on international business with reference to the political environment in general; also supply the way of formulating effective political strategy.…

    • 3574 Words
    • 15 Pages
    Best Essays
  • Powerful Essays

    One of the hardest decisions that judges have to make is sentencing a juvenile to be tried as an adult. With the increase in violent crimes in America today, juveniles are often found in the front line of media for violent crimes. Within society as a whole, those who are under the age of 18 years old do not function as adults, which is why the law protects children from the consequences of their actions. With the harshness and severity of crimes committed by juveniles…

    • 1261 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    Not too long ago the House of Representatives approved “The Juvenile Crime Control Act of 1997” which would greatly increase the number of juveniles convicted and incarcerated in adult facilities. When I was made aware of this I took it upon myself to research juveniles tried as which in turn caused me to question whether juveniles should be tried as adult. Many claim that the age of the juvenile does not matter, if the child is old enough to do the crime they must do the time. On the contrary, I came to find that not only age but mental development in terms of cognitive development, the development of mental maturity and, formulation of personal identity have a lot to do with how the…

    • 1816 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    It shouldn’t matter how a person looks but what he is doing that affects the community.When I see police officers I think they are racist and stereotype people. It’s so important to examine the criminal justice system because it’s a serious problem for everyone. The Justice system affects everyone especially your family and society. The criminal justice system in the U.S is not fair because it has numerous people locked up, targets people of color and economically affects the community and their families.…

    • 903 Words
    • 4 Pages
    Good Essays
  • Good Essays

    A worldwide situation in criminal justice is the youth, who are being tried as adults for their wrongdoings. Although juveniles commit heinous crimes such as robbery, murder, or even rape, they are not mature enough to understand what they are doing. In the article “Kids Are Kids-Until They Commit Crimes” a 12-year-old boy got sentenced life in prison after he beat a 6- year-old girl to her death (Lundstrom). The boy did not know the girl was going to die because he is not mature enough to know what his actions will do. These consequences should not apply to the youth because their minds are not fully developed like the adults. Because kids like to play around with each other “Now fourteen and convicted as an adult of first-degree murder, Tate…

    • 1229 Words
    • 5 Pages
    Good Essays
  • Good Essays

    In order for juveniles to fully understand the affects and consequences to what they have committed, adult sentencing is a better and effective consequence. This is because juvenile sentencing is too lenient for kids and youths who commit heinous crimes. For example, “little girls who rob a bank was given a 26-years-to-life prison term,”(56) stated Margie Lundstrom in “Kids Are Kids-Until They Commit Crimes”. The sentencing of 26 years to life was understandable because these were little girls committing a…

    • 619 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    INTRODUCTION: There are many controversial topics we can spend hours talking about and have different points of view on. My favorite one is the one that argues if under aged kids should be tried as adults or not. This topic has so many different points of views that there will never be an exact answer on if children should be tried as adults or not. This topic is very interesting because every case is different, meaning that because there are different variables that led kids to get in trouble we can never say that all kids should be treated as adults because their level of crime is never the same. Viewing each case as its own is the only way that someone can decide on whether or not they can be seen as kids or adults, I don’t think this topic should be generalized into a yes or no. Of course, everybody has different views on things and in these next few paragraphs I will take into consideration different people’s opinions as well as why some people think this should be a firm yes or no.…

    • 973 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    Kids are not adults. It has been debated over the years whether the juvenile system should be left with only one judicial system where the same rules apply to both adults and juveniles remaining. Children have been tried as adults without any consideration of their age or crime committed. Only after their teenage years does a child realize important concepts and rules society expects. Research shows that the prosecution of juveniles as adults does not help reduce crime and can affect some psychologically as well.…

    • 498 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Juvenile Justice Reform

    • 1635 Words
    • 7 Pages

    Controversies dealing with juveniles’ age in which they can be charged as adults, giving them life sentences in prison without parole, the application of neuroscience, and the roles both the federal and state governments have played in shaping the policies towards justice reform have been discussed at length for the better half of United States (U.S.) History (755). Dating as far back as 1825, the United States of America has delved into the topic of juvenile justice (755). Today, advocates of the youth and victims’ rights still provide strong interest in criminal justice reform. From lobbying for light sentencing standards for the youth, to making them accountable for their actions, the controversies and arguments towards reforming juvenile…

    • 1635 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Arial Case Study

    • 835 Words
    • 4 Pages

    The 20 habitable volumes of Arial will be divided into three main module types in order to accommodate different lifestyles and demographics. The first module type is a gradient from high population density to low population density. This module design allows for people to live in city environments but still have long lines of sight and access to rural areas. The second type of module is completely urban with a consistent population density in order to give people the opportunity fully immerse themselves in an urban environment. The last module type is rural, which is tiered to offer the ability to have small European-style clustered communities surrounded by farmland and forest with long lines of sight.…

    • 835 Words
    • 4 Pages
    Good Essays