Crime and Society Essays criminal justice considerations

Crime and Society Essays criminal justice considerations INTRODUCTION the problems of society become most visible when change occurs, and recent decades have brought immense social and economic changes (Pampel, 2000: 52). This can be revealed most clearly in the sociological aspects of youth crime. However, it has also been claimed that social policy should evaluate how policies impact on peoples lives (Blakemore, 1998: 5). Durkheim noted that society works best when it exercises control over individuals (Pampel, 2000: 72). Acceptable behaviour is enforced through law and morality which is maintained through rules and principles: the cement of society (Devlin cited in Elliott and Quinn, 1998: 449). This cement illustrates legal moralism that has been identified as socially significant (Cotterrell, 1989, Page 1). Accordingly, an analysis of laws conceptual structures (Cotterrell, 1989, Page 3) could be ascertained and the importance of shared values emphasised, ultimately influencing individuals behaviour (Pampel, 2000, Page 57). This has been reflected in a decline of organic solidarity, differentiating societys collective conscience, and thereby creating an environment for an increase in crime. This philosophy of inter-related support has been recognised as structural functionalism which, taken to extremes, acknowledges that poverty and crime are normal and natural functions within any healthy society (Pampel, 2000, Page 75). The rule of law should represent the ideal of a universal goodness exhibiting no negative impact on any given society, and no negative characteristics that could apply to its nature according to Thompson (Thompson, 1975, Page 266). Unfortunately, it appears to be this concept that has swung too far in the favour of societys miscreants, to the detriment of their victims, the communities in which these offenders live, and the weaker members of society, prompting the current debate on victims rights and David Blunketts intentions to re-address the balance to deliver real justice to victim s and the wider community (Blunkett, 2002b). This essay evaluates the wider issues surrounding the criminal justice system, social policy and how feminism and the study of gender impacts on these sectors. Classicism and positivism are particularly relevant to any study of criminology and lead to an introduction of criminological theories which attempt to put feminism into the context of social policy within the criminal justice sector. Crimes amongst the youth might also be considered to be a reflection of the current social trends and this facet has briefly been evaluated in terms of social environment. The conclusion summarises many details introduced in this essay. 2. DISCUSSION 2.1 Definitions of crime The Royal Commission on Criminal Justice was set up to: examine the effectiveness of the criminal justice system in England and Wales in securing the conviction of those guilty of criminal offences and the acquittal of those who are innocent (Zander, in Martin, 1998). The Runciman Commission made 352 recommendations in 1993, from police investigations to disclosure of evidence (Field and Thomas, 1994 cited in James and Raine, 1998: 40). All aspects of the criminal justice system came under scrutiny, with 600 organisations contributing to its evidence (Martin, 1998: 115). During this period, the Criminal Justice and Public Order Act 1994, the Criminal Appeal Act 1995 and the Criminal Procedure and Investigation Act 1996 were all implemented, with varying interpretations and capricious emphases which altered according to Management changes. Pampel observes, however, that: the problems of society become most visible when change occurs, and recent decades have brought immense social and economic changes (Pampel, 2000: 52). Durkheim, meanwhile, noted that society works best when it exercises control over individuals (Pampel, 2000: 72) with Weber maintaining that: societies work more smoothly when the use of power has legitimacy in the eyes of both the rulers and the ruled (Pampel, 2000: 113). Deterrence, retribution, rehabilitation and incapacitation constitute the four major theories of punishment. Deterrence aims to reduce crime through threat of punishment, or through its example. The concept is that the experience of punishment would create an impact unpleasant enough to prevent any further offence. Penalties are established to prevent crime being contemplated, with the idea that the example of unpleasant consequences would make potential criminals reconsider any future offence. Retribution requires an offender to contribute community-based endeavours through proportionality related to the crimes committed. The concept involves cleaning the slate through enforced labour to account to society for any misdemeanour. With the intention of better justice through more consistent sentencing, the White Paper preceding the Criminal Justice Act 1991 suggested that convicted criminals get their just deserts (HMSO, 1990a). This concept does actually limit the States power through limiting exemplary sentences, achieving parity when two offenders receive similar punishments for similar crimes. The National Victim Support Programme was considered a way forward with respect to societys acceptance of restorative justice but both of the major political parties have pursued half formed and in many ways half hearted policies in relation to victims of crime. There is little indication of change in this area (Newburn and Crawford, 2002: 117). Conformity through inner positive motivation exemplifies the theory of rehabilitation, although it has been criticised for disparity in proportionality. The concept is not based on the degree of offence committed or focused on the criminals past, but on future rehabilitation to preclude re-offending through changes of circumstances. Conversely, incapacitation recognises that some offenders fail to respond to deterrence or rehabilitation and continue to commit crimes as and when an opportunity to do so presents itself. For criminals with this mindset the only option is protective sentencing to prevent further crimes being committed, thereby punishing the offender for crimes committed with a further implication of punishment for future crimes that could be envisaged if released. An equally important part of restorative justice must be in measures to prevent crimes being committed. Funding of 6 million has been invested in a Government programme to reduce crime. Some of these measures include restorative justice, enforcement of financial penalties, CCTV initiatives, treatment of offenders, youth inclusion initiatives, targeting policies and intervention work in schools To be effective in developing suitable policies the criminal justice system need to approach the problem from different angles simultaneously, and adopt a policy of co-operation and co-ordination across all involved parties. Since the inception of the Regional Crime Squads (South cited in Maquire, 1994, 423), co-operation has existed across autonomous police forces, and surveillance intelligence squads can acquire information which, along with co-operation from the other agencies which make up the criminal justice system, can be collated and used to prevent some of the worst excesses of violen ce and crime erupting. Novick argues that the basis of the State is a need for a single and efficient protective association in a territory (McCoubrey White, 307) with Jacques considering that economic efficiency needs to be assessed in respect of its impact on human feelings, on community and on social relationships and the quality of life in society (Jacques, 1976, 15). Adjudication provides a formal mechanism for resolving disputes, with rules of change available to deal with new problems requiring further elucidation and rules of recognition involving prerogative powers and the sovereignty of Parliament. These rules do not account for those natural rules which acknowledge those inherent fundamental human rights. According to Finnis (2002), each individual is aware that deviation from societys code of behaviour would result in sanctions being applied to avoid injustice. The ethos Finnis applies to his explanation of retribution is considered to rectify the distribution of advantages and disadvantages b y depriving the convicted criminal of his freedom of choice in proportion to his unlawful act. Regardless of theories, an escalating scale of crimes continue to be committed, with 5.2 million offences recorded in England and Wales during 2000 (Recorded Crime, HMSO Press Release, 19/01/01) which, when compared to 3.87 million in 1989 and 479,40,018 in 1950, has an effect on long term projections in the prison population to 2008 (British Crime Survey 2001 2002). Evidence of this was exhibited when the disturbances in Strangeways prison took place in 1990, prompting the Woolf Report (Custody, Care and Justice, HMSO, 1991). It was published as a White Paper in 1991 and highlighted the relationship between overcrowding in prisons and the maintenance of control, promoting ongoing discussions about the aims of imprisonment. Meanwhile, the crime response and solving rate has fallen from 45% to 29% despite the number of police officers having increased from 63,100 to 126,500 (British Crime Survey 2001 2002). Maguire suggests that: increasing numbers of police officers, an increase in telephones making reporting easier, increasing use of insurance, and reduced levels of public tolerance to violence have all contributed (Maguire, cited in Croall, 1997). Stern recognises the system often precludes dedicated people from a more effective route of exacting retribution (Stern, 1989: 247). The diversity of ideas and practices associated with the restorative justice movement exemplify the difficulties associated with the concept. Johnstone (2003) highlights the paradigm of justice associated with practical experimentation that underlies the values and ideas which involve a number of models of theoretical law covering criminal and civil law together with restorative justice. The relevance of this earlier part of the essay reflects the ethos of restorative justice: this is not a new concept, nor can it be viewed in isolation. 2.2 Classicism, Positivism and Realism The divergence of positivism from its precursor, classicism, was described by Austin as a rule laid down for the guidance of an intelligent being by an intelligent being having power over him. (Austin, 1995: 9). Parallels with this concept can be illustrated within the feminist model whereby women were classed as irrational beings and of secondary importance to men. It has been acknowledged that criminological theories have been developed by men for men and attempts to categorise women offenders in accordance with these precepts fails to be applicable (Gelsthorpe and Morris, 1990: xii-8). In other words, men have acquired a dominant position in society. Left realism reflects this dominance. The ethos of left realism illustrates that certain types of behaviour that is more prevalent amongst the less powerful would be classed as criminal. Criminal laws were then introduced to reflect this concept. Rather than the criminal being regarded as an acquiescent offender, left realism would ha ve them portrayed as a victim of society. Furthermore, it is from the concept of left realism that the notion of a number of actors, involving the offender, the police, the victim and the criminal justice system has developed. Left realism distinguishes between a macro level of crime theory and a micro level, the former involving the sociological aspects and the latter a more micro level involving an individual and personal viewpoint of crime (Lilly, Cullen Ball, 1995) and takes into account the role of the victims of crime. Constraints on space preclude a detailed discussion on left and right realism, but an overview identifies four important factors which are regarded as being inter-related and which contribute to a holistic image of crime on both a micro level and a more integrated macro level (Young, 2002). The various theories, such as Labelling Theory, represent right realism and tend to focus on the offender and the reasons why they acted in the way they did. The emphasis on feminism within the field of criminology evolved through the ethos of left realism, where male dominance was recognised for its fundamental contributions to traditional criminological theories. A universal assumption relates to womens particular role within society and, accordingly, studies of women offenders are considered particularly relevant to the sociological facets such as morality and economic situations (Smart, 1976). It has been recorded that 84% of known offenders in 1984 were men, from which Heidensohn notes: Women commit a small share of all crimestheir crimes are fewer, less serious, more rarely professional, and less likely to be repeated (Heidensohn, 2002, 491). Furthermore, according to Barclay (1995, page 20), just 8% of women were convicted of an indictable offence from a population born in 1953 (cited in Heidensohn, 2002, 494). It must be noted that, whilst violence is most often perpetrated by men, 1 in 5 occurrences of violence against women were committed by other women (Coleman and Moynihan, 1996, page 97). According to Gelsthorpes model, however, any studies focusing on womens criminality often tend to focus on their gender rather than the crime itself (1986: 138 149), resulting in sweeping generalisations being made and an assumption that women are mad not bad (Lloyd, 1995: xvii cited in KeltaWeb, 2005). Taken further, it has been suggested that laws are constructed and enforced by men to the disadvantage of women (Burke, R, 2001). Criminology from the feminist perspective is exemplified through either liberal, radical, Marxist or socialist models, the latter also incorporating post-modernism and eco-feminism. The significance of the feminist stance within the criminal justice system relates partly to societys perception of their biological function and lack of rationality, in accordance with Lombrosos theories of atavism. This positive philosophy is a disparate variation from classicism, and was introduced into criminological theory by Lombroso, Ferri and Garofolo (Williams and McShane, 1991: 35) although it was noted that They failed to find the numbers of born female criminals marked by physical, atavistic traits which they anticipated (Heidensohn, 2002, page 492). Heidensohn notes, however, that the evidence of Lombroso and Ferreros work has survived whereas their equivalent rese arch relating to men did not (Heidensohn, 2002, page 493), although other research revealed the importance of sociological and environmental factors (Heidensohn, 2002, page 493). The distinct theories of classicism and positivism have been recognised in criminological studies as the two major hypotheses in the science of penology, conceding criminal anthropology as inherent in identifying criminals through their genetic structure, likening it to atavism (Lombroso, 1876). All people are considered equal according to classicist precepts and governments are created by those individuals to protect the peoples rights through the recognition of a social contract (McCoubrey and White, 1999: 60 84). Classicists aspire towards civil rights, realised through the law as a system of due process. It is this emphasis on the social contract that compounds the deviance as a moral offence against society. Punishment is proportional to the seriousness of the offence and can only be justified to preserve the social contract and deter others (Williams, 1997: 8). The constrained concept of Classicism identifies as autonomous a person who is the result of their environment. Positivism, however, has been documented as either internal, [assuming an atavistic involvement of the psychological or biological aspect], or a sociological aspect of positivism which is outside an individuals control (Burke, 2001: 272) and assumes a dependency in individuals. Positivists approach deviance from a scientific perspective which enables deviance to be rectified through a combination of power and knowledge. The correlation between positivism and criminological theory identified criminals through an inherent genetic structure, perceived as atavistic features edifying villainous characteristics which could be identified through isolationist principles and surveillance experiments and through case studies (Lombroso, [1876] in Williams and McShane, 1991: 35). These sociological studies exhibited a reciprocity which was attributed to a specific social order, deviation from which society recognised as a criminal act. Positivist theory attributed this deviation to an abnormality that could be treated, with the hypothesis suggesting that criminals could be reformed. As the final result was intended to protect society from harm, punishment was sanctioned to provide treatment, not to punish, with cognitive treatments involving group therapy sessions and the use of drug therapies to achieve these objectives. Conversely, Bentham and Beccaria propounded the classical theory of fundamental rights associated with natural law. Their utilitarian principles of autonomy, liberty and rationality acknowledged deviance as a rational act against the rules of society and from which these miscreants needed to be dissuaded through the application of punishments (Burke, 2001: 270). 2.3 Criminological Theories Hobbes observation of human actions being ultimately self-serving, including the concept of morality, related cognisance to a state of nature which guarantees the survival of the fittest. Classicists such as Hobbes, Bentham and Beccaria considered that deviance is an inherent characteristic in the psyche of all individuals (Gottfredson and Hirshi, 1990), displayed as an expression of human rationality towards the presence of bad laws (Beccaria, 1963). Beccaria suggested that punishments should be consistent and logical and bound within the legal system. From the basis on non-conformity to societys rules, deviance has been regarded as a miscreants response to temptation and the exercise of their power over others. Use of a structural method elucidates relationships between a hierarchy of individuals and groups which have been considered to be inherent within the structural approach to criminology and, equally important, societys reactions to criminal behaviour. Crime tends to exhibit specific reactions against deviance, evidence of which can be seen with the Labelling Theory (Lemert, 1967) which focuses attention on the hierarchical role of crimes in society. Control theory, meanwhile, unearths links between individuals and institutions, for example family background and upbringing and corresponding behavioural actions and reactions. Hagan relates this philosophy to what he terms the structural study of crime (Hagan, 1988: 3) and the Power-Control Theory which plays a significant role in explaining the social distribution of delinquent behaviour through the social reproduction of gender relations (Hagan, 1988: 1 287) and affects the social distribution of delinquency. Moreover, one important aspect of this theory is the ethics associated with crime and delinquency, for example, the effects of gender on criminality. Gottfredson and Hirschi (1990), meanwhile, suggest that classicism is revealed through the control theories which exhibit consequences painful to the individual. (Gottfredson and Hirschi 1990) Positivism in relation to criminology depended on the scale of rationality between free will and determinism according to precepts of Cesare Lombroso whose explanations of criminal behaviour resulted in the criminal born man or woman who exhibited physical attributes leading to their recognition as criminals, a situation not supported by Durkheim. Too many variables made Lombrosos theory precarious but his typologies were correlated between certain offenders committing certain kinds of crime (Gottfreddson and Hirschi 1990). A number of other theories exist to explain a psychological or sociological basis to the science of criminology. Bandura and Eysenk studied observational learning, conditioning and personality traits, whilst the Strain Theory and the Anomie Theory of Merton blame environmental pressures on deviance, with the Subculture Theory attributing lack of attainment to societys expectations to be at the heart of offending. 2.4 Sociological Aspects of Youth Crime Whilst all people might be considered equal according to classicist precepts, with governments created by those individuals to protect the peoples rights through the recognition of a social contract (McCoubrey and White, 1999, Page 60 84), David Blunkett singles out a specific sector of society by suggesting that: nearly three quarters of street crime offenders are under 17 and a hard core five per cent of juveniles are responsible for 60 per cent of offences for their age group (Blunkett, 2002c). Clearly, despite the introduction of innumerable projects designed to re-integrate offenders back into their communities, the growth in lawless behaviour has not diminished. Many measures to restrain unacceptable behaviour are now available, amongst which are Youth Offending Teams, Final Warning Schemes, Detention and Training Orders, Acceptable Behaviour Programmes, Parenting Orders, Reparation Orders and Anti-Social Behaviour Orders (Blunkett, 2002c) although, retrospectively, little appears to have improved. In December 2003 Lord Falconer of Thoroton emphasised that this: crime and anti-social behaviour corrupts communities, eating away at the fabric of the way we all want to live our lives (Lord Falconer, 2003). An increasing lack of morality appears to be more prevalent within modern society, with Chief Superintendent of Greater Manchester Police describing these amoral youths as feral (The Times, 2005). Despite all the legislation at the disposal of the criminal justice system, however, the yob culture appears to be endemic, with the vulnerable in society more at risk of becoming victims than ever before. The media report lurid headlines on a daily basis: Beaten to death on his doorstep (Daily Mail, 2005); Beaten up on Video Phone (Daily Mail, 2005); Hoody ban eases shoppers fear (Daily Mail, 2005, page 8). The edition on May 19th 2005 reported how thugs attack a funeral car by launching an 8 foot length of wood through the windscreen of the car travelling immediately behind the hearse. It has been reported that some forces are not making good use of legislation and tackling the imitation firearm problem (Deputy Chief Constable, Daily Mail, 2005, Page 8) when children, some as young as 13, routinely carry replica BB guns, which can cause serious injury to targets up to 30 yards away, around the streets. CONCLUSION In 2002 the Home Secretary intended: to deliver real justice to victims and the wider community and strike a fair balance between the rights of victims and the accused (Blunkett, 2002a). The Legal Action Group suggest that victims and defendants rights are mutually incompatible (Cape, 2004, page 1) and suggest that victims rights are not being catered for; their rights are neither acknowledged nor respected. However, they also ascertain that, in making it easier to convict defendants is not in the best interests of the victims. The fragility between rights to security and freedom and the obligation to protect communities, reflects a natural result of shared morality without which rules would lack meaning (Pampel, 2000, Page 67). This factor was clearly recognised by David Blunkett who acknowledged the public felt that the system had swung too far in favour of the accused (Blunkett, 2002a). This intensely deep-rooted problem of lawlessness within communities cannot be solved by the police alone. Henham observes that this can only be achieved through: disregard of formal legal controls which prove an obstacle to the production of a high conviction rate although he acknowledges that due process maintains an adherence to courtroom procedure and protection of the individual (Henham, 1998, Page 592). Many organisations have highlighted the growth in recorded crime despite measures in place to punish the offender. Punishment falls into various areas from incapacitation to retribution, deterrence to rehabilitation. A large number of theories abound, all attempting to explain the reasons behind criminal actions. These theories investigate the backgrounds of criminals, their psychological and physical attributes and their positions in society together with their abilities to cope with expectations placed on them by society. As yet there has been no definitive answer and, due to so many variables, there possibly never will be. Controversially, Durkheim believed that a certain amount of crime failed to harm society and was normal and valuable in a healthy society (Cotterell, 1992: 159), with the ideas of right and wrong being reaffirmed through the existence of crime and punishment (Pampel, 2000: 59). This reflects a natural result of shared morality without which rules would lack meaning (Pampel, 2000: 67), promoting the concept of the durability of social life inevitably assuming a definite form. Individual and collective morality would assume that offenders should be punished to maintain the stability of the community and maintain their safety. Our collective conscience ensures that the majority accept the rule of law and accept that deviance needs to be punished. Psychologically, restorative justice is assumed to invoke aesthetic sentiment of forgiveness for miscreants and release for victims. What it fails to do is provide society with assurances that their safety and integrity will be maintained in an atmosphere where the offenders rights appear to be upheld in variance with those of the victim, or the fundamental rights the victim is entitled to expect. A personal view could be recorded which considers that restorative justice exhibits illusionary tendencies to pacify the reformers at the expense of societys status quo. Clearly, not a supporter of restorative justice this writer intuitively distorts the semantics and cognitively refers to this concept as retributive justice: more aptly named, and far more appropriate for the majority of offenders who, regardless of intervention programmes to rehabilitate them will continue to offend despite societys best efforts. BIBLIOGRAPHY Austin, 1995, cited in Martin, J (1999): The English Legal System: Oxford, UK, Hodder Stoughton, p.115 Beccaria, Cesare. (1963) [1764]: On Crimes and Punishments. Indianapolis: Bobbs-Merrill. Blakemore, Ken (1998): Social Policy: an Introduction: Buckingham, UK: Open University Press Blunkett, David (2002a): Balance of rights essential to effective justice. June, 19 Speaking at the Metropolitan Police Modernising Criminal Justice Conference http://www.cjsonline.org.uk/news/2002/june/balance_of_rights.html Blunkett, David (2002b): Justice for All Radical reform of the Criminal Justice System unveiled. July 17Criminal justice reforms unveiled. Announcement from Home Secretary to the Police Superintendents Association of England and Wales http://www.policesupers.com/police-supers-news.asp?news_id=139 Blunkett, David, (2002c)introducing the publication of the new White Paper, Justice for all, 2002, November 14: speaking at 3.30pm at the Youth Justice Board Annual. Cape, Ed (2004): Reconcilable Rights: analysing the tension between victims and defendants. Legal Action Group, 2004. http://64.233.183.104/search?q=cache:FHPdMNH7Xw0J:www.rethinking.org.uk/informed/lagbriefing.pdf+current+debate+regarding+victims%27+rightshl=en Burke, Roger Hopkins (2001): An Introduction to Criminological Theory. Cullompton: Willan publishing Cape, Ed (2004): Reconcilable Rights: analysing the tension between victims and defendants, Legal Action Group, 2004. In Victims and defendants rights: can they be reconciled?. Rethinking Crime Punishment, 2005, April, http://www.rethinking.org.uk/informed/lagbriefing.pdf Coleman, Clive and Moynihan, Jenny (1996): Understanding Crime Data: haunted by the dark figure. Buckingham, Philadelphia, USA: Oxford University Press Cotterrell, Roger (1989): The Politics of Jurisprudence: a Critical Introduction to Legal Philosophy: London, UK: Butterworths Cotterrell, Roger (1992): The Sociology of Law: London, UK: Butterworth Daily Mail Newspaper, 2005, May 20: Green, Deputy Chief Constable, Greater Manchester, Page 8 Daily Mail Newspaper, 2005, May 19: Thugs attack a funeral car Daily Mail Newspaper, 2005, May 20: Hoody ban eases shoppers fear, Page 8 Daily Mail Newspaper, 2005, May 21: Beaten to death on his doorstep, Front Page Daily Mail Newspaper, 2005, May 20: Beaten up on Video Phone, Front Page Devlin cited in Elliott, C Quinn, F (1998): English Legal System (2nd edition): Essex, UK, Addison Wesley Longman Ltd Field Thomas (1994) cited in James, A Raine, J (1998): The New Politics of Criminal Justice: London, UK, Longman Finnis, John (2002): Natural Law: the Classical Tradition. In Coleman, Jules L and Shapiro, Scott (eds): The Oxford Handbook of Jurisprudence and Philosophy of Law Oxford: Oxford University Press. Pages 1-60 Gelsthorpe and Morris, 1990: xii-8 cited in KeltaWeb (2005): A Feminist Perspective on Women and Crime. Available from: www.keltawebconcepts.com.au/efemcrim1.htm. [Accessed 09/08/05] Gelsthorpe, L (1986): Towards a sceptical look at sexism. International Journal of the Sociology of Law 14: 125-53 Gottfredson, Michael R and Hirschi, T (1990): A General Theory of Crime. Stanford: Stanford University Press Hagan, John (1988): Feminist Scholarship, Relational and Instrumental Control, and a Power-Control Theory of Gender and Delinquency. In British Journal of Sociology 39 (3):301-336. Heidensohn, Frances (2002): Gender and Crime. cited in The Oxford Handbook of Criminology. Maquire, Mike; Morgan, Rod; and Reiner, Robert. Oxford: Oxford University Press Henham, Ralph (1998): Human Rights, due process and sentencing. In British Journal of Criminology, Issue 38, Page 592 Home Office (2002): Prevalence of Drug Use. Key Findings from the 2001 2002 British Crime Survey. London: HMSO. Available from: http://www.homeoffice.gov.uk/rds/pdfs2/r182.pdf [Accessed 10/08/05] HMSO, (1990a): Crime, Justice and Protecting the Public. Cm 965. London: HMSO. http://64.233.183.104/search?q=cache:n-zy-8yFCIEJ:webjcli.ncl.ac.uk/1996/issue3/rtf/henham3.rtf+HMSO%2BCrime,+Justice+and+Protecting+the+Publichl=en Jacques, E (1976): A General Theory of Bureaucracy: London, UK, Heinnemann Johnstone, Gerry (2003): A Restorative Justice Reader: Texts, Sources and Context. Devon: Willan Publishing Lemert, E M (1967): Primary and secondary deviance. In S H Traub C B Little (Eds.), Theories of Devianc

Ethical Hacking Essay

As computers became progressively more available at universities, user communities started to extend beyond researchers in engineering or computer science to other individuals who viewed the computer as an inquisitively flexible instrument. Whether they programmed the computers to draw pictures, play games or to assist them with the extra boring aspects of their daily work, once computers were on hand for use, there was never a lack of individuals wanting to utilize them. Because of this increasing fame of computers and their sustained high cost, access to them was frequently restricted. When refused access to the computers, several users would challenge the access controls that had been put in place. They would steal pass codes or account numbers by looking over someone’s shoulder, explore the system for bugs that might get them past the rules, or even take control of the entire system. They would commit such things in order to be able to run the programs of their option, or just to alter the confines under which their programs were running. (Fadia, 2005). Originally these computer intrusions were fairly benevolent, with the most harm being the theft of computer time. Though, these intrusions did not stay benign for long. Seldom the less talented intruders would unintentionally bring down a system or damage its files, and the system administrators would have to restart it or make repairs. Other times, when these intruders were again deprived of access once their activities were discovered, they would respond with robust destructive actions. When the number of these harmful computer intrusions became obvious, it became â€Å"news† and the news media pulled out on the story. Instead using a more accurate term of â€Å"cyber crime,† the media began using the term â€Å"hacker† to explain individuals who crack into computers for amusement, revenge, or income Since calling someone a â€Å"hacker† was at first meant as a praise, computer security professionals rather use the term â€Å"cracker† or â€Å"intruder† for those hackers who turn to the dark side of hacking. For simplicity, we will use the unambiguous terms â€Å"ethical hacker† and â€Å"criminal hacker† for the rest of this paper.

Prehistoric civilization in the philippine

A powerful and highly civilised nation comes in contact with a barbaric and isolated people, who have nevertheless advanced many steps on the road of progress, it would naturally be thought that the superior and conquering race would endeavour to collect and place on record information concerning such people: their manners, customs, language, religion, and traditions. Unfortunately, in the case of the Spanish conquests of the sixteenth century, that nation appears never to have considered it a duty to hand down to posterity any detailed description of the singularly interesting races they had vanquished.As it was with the Guanches of the Canaries, the Aztecs of Mexico, and the Quichuas of Peru, so was it with the Chamorro of the Ladrones, and the Tagalo-Bisaya tribes of the Philippines. The same Vandal spirit that prompted the conquistadores to destroy the Maya and Aztec literature also moved them to demolish the written records of the Philippine natives, and but few attempts were ma de to preserve relics or information concerning them.The Spanish priests, as the lettered men of those times, were the persons we should look to for such a work, but in their religious ardour they thought only of the ubjugation and conversion of the natives, and so, with the sword in one hand, and crucifix in the other, they marched through that fair land, ignoring and destroying the evidences of a strange semi-civilisation which should have been to them a study of the deepest interest. Fortunately, however, there were a few in that period who were interested in such matters, and who wrote accounts of the state of culture of the islanders of that early date.Some of these MSS. have been preserved in the archives of Manila, and have lately attracted the attention of Spanish scholars. Such is the article from which the greater part of these notes are taken. In the volume for 1891 of the Revista Ibero-Americana, published at Madrid, there appeared a series of papers contributed by the B ishop of Oviedo, and entitled â€Å"La antigua civilizacion de las Islas Filipinas,† in which he gives a very interesting description of the natives and their mode of life.The source of this information is – 119 an old folio manuscript written on rice-paper in the year 1610 from data collected at the period of the Spanish conquest of the Philippines by Legaspi. It is extended to the ear 1606, and relates minutely the condition of the islanders prior to the arrival of the Spanish. The codex is divided into five books, and these again into 183 capitulos or chapters.The writer lived in the group for twenty-nine years in order to complete his work, which is authorised by authentic signatures of responsible persons. Extracts have also been made from Miguel de Lo-arca's account of the Philippines written in 1583, Dampier's voyage in the Pinckerton collection, and Antonio de Morga's â€Å"Sucesesos de las Islas Filipinas† The first historical existence of the Malay pro per is traced to Menangkabau in theArchipelago, and by their vigour, energy, and skill have made themselves masters of the original inhabitants. At an early period they probably received instruction from Hindoo immigrants in the arts of working metals, spinning, weaving, ;c. As to the whence of the various Malayan tribes of the Philippines, it is most probable that they originally reached the archipelago from Borneo, or the Malay Peninsula. From northern Borneo the Sulu islands form a series of stepping-stones across to Mindanao.As the Tagalo language is looked upon as one of the purest of Malay ialects, and contains the least number of Sanscrit words, it may be inferred from this that the race has occupied the islands from an early date. It is possible that the first settlers were carried thither by ocean currents, and that the Kuro Siwo, or Black Current, which sweeps up past Luzon is also responsible for the existence of the Kabaran (a Malay tribe) in Formosa.From ancient times b oats and men have drifted up from the Malay Islands to Japan, and W. E. Griffis, in his â€Å"Mikado's Empire,† states that Shikoku and Kiushiu were inhabited by a mixed race descended from people who had come from Malaysia and South-Eastern Asia. It is most probable that Micronesia was settled from the Philippine Group, which thus became the meeting ground of the northern migration of Polynesians from Samoa, and the Micronesians proper.The Spanish codex before mentioned states that the Tagalo-Bisaya tribes were thought to be derived from the coasts of Malabar and Malacca, and that, according to tradition, they arrived at the islands in small vessels called barangayan, under the direction of dato or maguinoo (chiefs or leaders), who retained their chieftainship after the landing as the basis of a social organisation of a tribal kind, nd that every barangay (district or tribal division) was composed of about fifty families.Nothing definite appears to have been obtained from th eir traditions as to the original habitat of the race, and this may be accounted for by the supposition that the migration occurred at a remote period, and that all knowledge of their former home was lost. When a migratory – 120 race takes possession of new regions it maintains little or no correspondence with those left behind; thus in time they forget their old habitations, and their geographical knowledge is reduced to obscure and fading traditions.On arriving at their new home the invaders must have ejected the indigenous Aieta from the low-lying country, and driven them back into the mountains. Juan de Salcedo, the Cortes of the Philippines, in his triumphal march round the island of Luzon, was unable to conquer many of the hill tribes, both Aieta and Tagalo, some of whom have remained independent until the present time. The Spanish Government forbade all intercourse with these mountaineers on pain of one hundred lashes and two years' imprisonment, and this edict had the effect of preserving the ruder, non- agricultural hill-races.This invading race of Malays was divided into many different tribes, the principal ones being the Tagalo of Luzon and the Bisaya of the southern isles. The Tagalo or Ta-Galoc were the most numerous, and were endowed with all the valour and politeness which can be expected in a semi-civilised people. The Pampango and but easily civilised. The Bisaya were also called Pintados or â€Å"painted ones,† by the Spanish, from their custom of tatooing the body. Within this community of tribes there are numerous differences of dialects and customs, clothing, character, and physical structure, which in many cases indicate obvious traces of foreign mixture.As a race, the Philippine natives of the Malayan tribes are of moderate stature, well- formed, and of a coppery-red colour, or, as De Morga quaintly describes them, â€Å"They were of the colour of boiled quinces, having a clever disposition for anything they undertook: sha rp, choleric, and resolute. † Both men and women were in the habit of anointing and perfuming their long black hair, which they wore gathered in a knot or roll on the back of the head. The women, who were of pleasing appearance, adorned their hair with Jewels, and also wore ear-pendants and finger-rings of gold.The men ad little or no beard, and both sexes were distinguished for their large, black eyes. The Zambales, or Beheaders, shaved the front part of the head, and wore on the skull a great lock of loose hair, which custom also obtained among the ancient Chamorro of the Ladrones. Most of the tribes filed their teeth, and stained them black with burnt cocoanut shell; while among the Bisaya the upper teeth were bored, and the perforations filled with gold, a singular custom observed by Marco Polo in China, and which was also practised in ancient Peru and Egypt.Many of the tribes are spoken of y the early Spanish navigators as being endowed with fair intellectual capacities, possessing great powers of imitation, sober, brave, and determined. The Tagalo character, according to some later writers, is difficult to define: the – 121 craniologist and physiognomist may often find themselves at fault. They are great children, their nature being a singular combination of vices and virtues.The costume of the men consisted of a short-sleeved cotton-tunic (chinina), usually black or blue, which came below the waist, a coloured cotton waistcloth, or kilt (bahaque), extending nearly to the knees, and over this a belt or sash of silk a andbreadth wide, and terminating in two gold tassels. On the right side hung a dagger (bararao) three palms long, and double-edged, the hilt formed of ivory or gold, and the sheath of buffalo-hide. They wore a turban (potong) on the head, and also leg-bands of black reeds or vines such  ¤s are seen among the Papuans of New Guinea.Chains, bracelets (calombiga), and armlets of gold, cornelian and agate were much worn, and he was reckoned a poor person who did not possess several gold chains. Hernando Requel, writing home to Spain, stated: â€Å"There is more gold in this island of Luzon than there is iron in Biscay. † The Tinguiane had a peculiar custom of wearing tightly-compressed bracelets, which stopped the growth of the forearm, and caused the hand to swell. Women wore the top's, a bordered and ornamented cloth wrapped round the body, which was confined by a belt, and descended to the ankles.The bust was covered with a wide- sleeved camisita, or frock (baro), to which was sometimes added a handkerchief. The women of Luzon were without head-dress, but made use of a parasol of palm-leaves (payong). Among the Bisaya the women wore a small cap or hood, and in the slaves. Both sexes wore the same dress among the Ilocanos, the chief article of attire eing a loose coat (cabaya) similar to those of the Chinese. The dress of the Chiefs' wives was more elegant than that of women of the common people (tim aguas). They wore white robes, and others of crimson silk, plain or interwoven with gold, and trimmed with fringes and trinkets.From their ears were suspended golden pendants of excellent workmanship, and on their fingers and ankles were massive gold rings set with precious stones. The timaguas and slaves went barefooted, but the upper class wore shoes, the women being daintily shod with velvet shoes embroidered with gold. Both men and women were very cleanly and elegant in their persons and dress, and of a goodly mien and grace; they took great pains with their hair, rejoicing in its blackness, washing it with the boiled bark of a tree called gogo, and anointing it with musk oil and other perfumes. They bathed daily, and looked upon it as a remedy for almost every complaint. On the birth of a child the mother repaired to the nearest stream, and bathed herself and the little one, after which she returned to her ordinary occupation. Women were well treated among these people, and had for heir employment domestic work, needlework†in which they – 122 excelled†the spinning and weaving of silk and cotton into various fabrics, and also the preparation of the hemp, palm, and anana fibres.The Philippine natives, with the exception of some of the hill tribes, were diligent agriculturalists, this being their chief occupation. In some mountainous regions they adopted a system of terrace cultivation similar to that of China, Peru, and Northern Mexico in bygone times, and which may also be seen in Java. They cultivated rice, sweet potatoes, bananas, cocoanuts, sugar-cane, palms, various vegetable roots and ibrous plants. They hunted the buffalo, deer, and wild boar. The flesh of the buffalo, or karabao, was preserved for future use by being cut into slices and dried in the sun, when it was called tapa.Rice was prepared by being boiled, then pounded in a wooden mortar and pressed into cakes, thus forming the bread of the country. They made palm wine (alac or mosto) from the sap of various species of palms. Food was stored in raised houses similar to the pataka of the Maori. The first fruits of the harvest were devoted to the deified spirits of ancestors, called anito. l The Bisaya, hen planting rice, had the singular custom of offering a portion of the seed at each corner of the field as a sacrifice.The ordinary dainty among the islanders was the buyo or betel quid, consisting of a leaf of betel pepper (tambul or Siri) smeared over with burnt lime and wrapped round a piece of areca nut (bonga). â€Å"The Filipinos,† says the old Spanish padre, â€Å"lived in houses (bahei) built of bamboo, cane, and palm leaves, and raised upon foundation-piles about six feet from the ground. † These dwellings were supplied with cane screens in the place of divisions and doors. The elevated floor, where they ate and slept, was also made of split cane, and the whole structure was secured by reeds and cords for want of nails.They ascende d to these houses by a portable ladder, which was removed when the inmates went out, a sign that no person might approach the dwelling, which was otherwise unsecured. The house was surrounded by a gallery or verandah (batalan), earthenware, and copper vessels for various purposes. They had, moreover, in their houses some low tables and chairs, also boxes called tampipi, which served for the purpose of keeping wearing apparel and Jewels. Their bedding consisted usually of mats manufactured from various fibres. The houses of the chiefs were much larger and better constructed than those of the timaguas.Many of their villages were built on the banks of rivers and the shores of lakes and harbours, so that they were surrounded by water, in the manner of the seaside dwellings of New Guinea and the Gulf of Maracaibo. Among the Tinguiane tree houses were made use of. In these they slept at night, in order to avoid being surprised by enemies, and – 123 defended themselves by hurling do wn stones upon the attacking party, exactly in the ame manner as the natives of New Britain do to this day. The external commerce of the Tagalo tribes was principally with China, of which nation there were vessels in Manila on the arrival of the Spanish.They are also said to have had intercourse with Japan, Borneo, and Siam. They had no coined money, but to facilitate trade they utilised gold as a medium of exchange in the form of dust and ingots, which were valued by weight. Magellan speaks of their system of weights and measures. These people were skilful shipwrights and navigators. The Bisaya were in the habit of making piratical forays among the isles. Their vessels were of arious kinds, some being propelled by oars or paddles, and others were provided with masts and sails.Canoes were made of large trees, and were often fitted with keels and decks, while larger vessels, called virey and barangayan were constructed of planks fastened with wooden bolts. The rowers, with busey (pad dles) or oars (gayong), timed their work to the voices of others, who sung words appropriate to the occasion, and by which the rowers understood whether to hasten or retard their work. Above the rowers was a platform (bailio) on which the fighting men stood without embarrassing the rowers, and above this again was the carang or awning. They sometimes used outriggers (balancoire) on both sides of the vessel.The lapi and tapaque were vessels of the largest kind, some carrying as many as two hundred and fifty men. The barangan, a type of vessel used from the earliest times, was singularly like those of the ancients described by Homer. Society among the Tagalo-Bisaya tribes was divided into three classes, the chiefs and nobles, the common people (timagua), and the slaves. The principal of every social group†styled maguinoo among the Tagalo, bagani by the Manobo, and dat02 by the Bisaya†was the only political, military, and Judicial authority.These chieftainships were heredit ary, and the same respect was shown to the women as to the men of the ruling families. Their power over the people was despotic, they imposed a tribute upon the harvests, and could at any time reduce a subject to slavery, or dispose of his property and children. The slaves were divided into two classes: the sanguihuileres, who were in entire servitude, as also were their children†lived and served in the houses of their masters; while the namamahayes lived in houses of their own, and only worked as slaves on special occasions, such as at harvesting and housebuilding.Among this latter class there obtained a peculiar half-bond system, and their having an only son, that child would be half free and half enslaved†that is, he would work one month for his owner and the next for himself. If they had more than one child, the first-born would – 124 follow the condition of the father, the second that of the mother, and so on. If there were uneven numbers, the last born was h alf free and half bond. Slaves were bought, sold, and exchanged like ordinary merchandise. In their social manners these people were very courteous, more especially the Luzon tribes.They never poke to a superior without removing the turban. They then knelt upon one knee, raised their hands to their cheeks, and awaited authority to speak. The hongi, or nose-pressing salutation of the Polynesians, was an ancient custom in the Philippine Group, and on the island of Timor. It also obtained among the Chamorr03 of the Ladrones, who termed it tshomiko. The Philippine natives addressed all superiors in the third person, and added to every sentence the word po, equivalent to senor.They were given to addresses replete with compliments, and were fond of the music of the cud, a guitar with two strings of copper wire. In regard to Judicial matters, all complaints were brought before the dato of the barangay (district) for examination. Though they had no written laws, they had established rules a nd customs by which all disputes were settled, and the chiefs recovered their fees by seizing the property not only of the vanquished party, but also of his witnesses.Trial by ordeal was common, the usual mode being that of plunging the arm into a vessel of boiling water and taking out a stone from the bottom; or a lighted torch was placed in the hands of the accused, and if the flame flickered towards him he was pronounced uilty. Theft was sometimes punished by death, in which case the condemned was executed by the thrust of a lance. In some cases the thief was punished by being reduced to slavery. Loans with excessive interest were ordinary, the debtor and his children often becoming enslaved to the lender. Verbal insults were punished with great severity.It was also regarded as a great insult to step over a sleeping person, and they even objected to wakening one asleep4. This seems to refer to the widespread belief of the soul leaving a sleeping body. Their worse curse was, †Å"May thou die sleeping. The male children underwent a species of circumcision at an early age, which was but preparatory to further rites. Their oaths of fidelity, in conventions of peace and friendship, were ratified by the ceremony of blood- brotherhood, in which a vein of the arm being opened, the flowing blood was drunk by the other party.Among these people was sometimes seen that singular mania for imitation called by the Javanese sakit latar, on the Amoor olon, in Siberia imuira, and in the Philippines malimali. This peculiar malady, presumably the result of a deranged nervous system, manifests itself as far as I can gather, in the following anner, the afflicted person is seized with a desire to- 125 copy or imitate the actions and movements of others, and will do the most extraordinary and ridiculous things to attain his object.The despair induced by this strange mania and its consequent ridicule, urges the unfortunate to end his life in the dreaded Amok. These unfortunates were sometimes attacked by the amok frenzy. Is is certain that gold and copper mines have been worked in the islands from early implements, and the gold was formed into ornaments, or used as a medium of exchange. The ruder mountain tribes brought much gold from the interior, and raded it to the lowland people in exchange for various coveted articles.Several of the tribes were in the habit of tatooing the body, the Bisaya being the most noted for the practice. The Catalangan Iraya used for tatoo patterns, and as decorations for sacred places certain marks and characters which appeared to be of Chinese or Japanese origin. The Iraya proper used only straight and simple curved lines like those of the Aieta. The Ysarog (Issar ¶), a primitive race of mountaineers who have been isolated for centuries, are said by later writers to resemble the Dyaks of Borneo.Time was reckoned in former days by suns and moons, and feasts were held on the occurrence of certain astronomical phenomena. Brass gongs were much used at these feasts, and also on war expeditions. Such are some of the notes collected in reference to this interesting race. These Tagalo, these Bisaya, these Pampango, and Cagayane were despised by their Iberian conquerors as being ignorant savages; but, as the good old padre says in his MS. , they were worthy of being placed on a superior level to certain ancient people who possess a more illustrious fame. And who shall say it was not so ?

All Quiet On The Western Front - 2051 Words

Erich Maria Remarque’s novel, All Quiet on the Western Front and Ernst Junger’s memoir, Storm of Steel, present the differences of the experience of The First World War with intriguing contrasts that spark debates between the two accounts. These texts illustrate real events within The First World War. Both authors, who are veterans of the war tell the reader their conclusions in post-war experiences and opinions. It is essentially two faces of the same coin. One, â€Å"All Quiet on the Western Front†, reflects the inner dialogue and self-reflection of the protagonist, while â€Å" The Storm of Steel†, is a public projection to the audience. Closed off yet propelling nationalistic pride and propaganda. The divergence of both works is highlighted in the repetitive cycle of propaganda and war fever, contrasted by the issues of mechanical innovation and glorified warfare; this essay explores these themes while bringing them back to the struggle between the two main pieces and the respective differences and experiences of the protagonists. In both texts, it is important to understand the nature of society prior to the war in 1914 and the importance of raising â€Å"War Fever.† War fever and propaganda are used to inspire a nation to admire the idea of war in 1914 and World War One. In these texts we see the romanticizing of warfare and the creation of a specific type of pro-war attitude that is especially stark in â€Å"The Storm of Steel†. Essentially, these characteristics are obvious inShow MoreRelatedAll Quiet of the Western Front756 Words   |  3 PagesPlot Summary: All Quiet on the Western Front Written by Erich Maria Remarque, All Quiet on the Western Front is the tale of a young man by the name of Paul. Paul who is nineteen years old gathers several of his friends from school and together they voluntarily join the army fighting for the Axis alliance. Before they are sent off into actual battle, they are faced with the brutal training camp. Along with this they face the cruelty of the life of a soldier. This made them question the reason forRead MoreAll Quiet on the Western Front700 Words   |  3 PagesThe greatest war novel of all time, All Quiet on the Western Front, by Erich Maria Remarque, is a novel that depicted the hardships of a group of teenagers who enlisted in the German Army during World War 1. Enlisting right out of high school forced the teens to experience things they had never thought of. From the life of a soilder on the front line to troubles with home life, war had managed to once again destroy a group of teenagers. Throughout the novel, we saw the men of the Second CompanyRead MoreAll Quiet On The Western Front1797 Words   |  8 PagesTitle: All Quiet on the Western Front Creator: Erich Maria Remarque Date of Publication: 1929 Class: War Novel Anecdotal Information about Author: -Erich Maria Remarque was conceived on 22 June 1898 into a working people family in the German city of Osnabrà ¼ck to Peter Franz Remark (b. 14 June 1867, Kaiserswerth) and Anna Maria (nà ©e Stallknecht; conceived 21 November 1871, Katernberg). -During World War I, Remarque was recruited into the armed force at 18 years old. On 12 June 1917, heRead MoreAll Quiet on the Western Front943 Words   |  4 Pages The book All Quiet on the Western Front, by Erich Maria Remarque, is about a group of 19 year old young men who are changed by the ways of war. There is paul: the main character; Tjaden: a tall, skinny locksmith, also the biggest eater; Albert Kropp: a lance-corporal and the clearest thinker; Muller: studious, intelligent, and likes school; Leer: has a preference for the girls from the prostitution houses and has a beard; Haie Westhus: a peat-digger, and big in size; Deterring: a peasant, he alwaysRead MoreAll Quiet On The Western Front2393 Words   |  10 PagesAll Quiet on the Western Front: Book Review Erich Maria Remarque, author of All Quiet on the Western Front, actually fought in WWI (Remarque 297). Because of this, he was able to write this book with accurate depictions of the war. He writes how being in combat can really take a toll on a person and affect them in a negative way. He also writes of the pain and suffering that the soldiers must cope with that comes along with living in constant fear and danger. When looking at the title of theRead MoreAll Quiet On The Western Front2085 Words   |  9 PagesThis essay will consider the different effects created by Erich Maria Remarque in his novel All Quiet on the Western Front. As a writer, Remarque unknowingly left his novel open to readers with completely different perspectives, and to various forms of criticism. This undoubtedly meant that every single reader had been affected by the novel in many different ways which unfortunately for Remarque may have been an effect that he never intended. This essay is divided into 5 main sections. Firstly itRead MoreAll Quiet On The Western Front1089 Words   |  5 Pages In Erich Maria Remarque’s novel, All Quiet on the Western Front, human nature is the only abstract periphery between belligerent barbarism and justifiable violence. Through the insipid bombardments that rained shells over the Germans’ heads and noxious implementation of mustard gas, Remarque dexterously misleads the reader into believing that he fights in an apathetic war where all remnants of human nature and identity have been destroyed with the introduction of trench warfare. Through Paul Baumer’sRead MoreAll Quiet On The Western Front1509 Words   |  7 Pagesâ€Å"He fell in October 1918, on a day that was so quiet and still on the whole front, that the army report confined itself to a single sentence: All quiet on the Western Front† (Remarque 296). Paul Baumer, the narrator of All Quiet on the Western Front, enlisted into the German army at a young age of nineteen with a group of friends from school. Kantorek, Paul’s teacher, â€Å"gave us long lectures until the whole of our class went, under his shepherding, to the District Commandant and volunteered† (RemarqueRead MoreAll Quiet On The Western Front1129 Words   |  5 PagesIn Erich Maria Remarque’s All Quiet on the Western Front, soldiers at the front have a better idea than civilians of the true n ature of war because they have experienced the war while civilians have only read about it or listened to government propaganda. Remarque is trying to tell us that only those who experience the war can understand how awful war truly is. In All Quiet on the Western Front, the main character Paul goes back to his home, the people he meets still think that the Germans are winningRead MoreAll Quiet On The Western Front1790 Words   |  8 Pagessmell of cigar smoke, gunpowder, and dirt that filled the air. There was no nationalism; all Paul wanted was survival. World War I was supposed to be about nationalism and the propaganda forced upon the soldiers to feel superiority over other countries, but Paul helps to prove otherwise, as his story tells what is was like to be at the front, and how tough it was to be a soldier. â€Å"All Quiet on the Western Front† portrays war as it was actually experienced, replacing the romantic picture of glory and