Description
Select a crime and discuss the following questions:
- How does this crime violate the social contract?
- Has the definition of this crime changed over time?
- How have changes in society influenced how this crime is defined?
- How have these changes influenced legal outcomes?
- Has the punishment of this crime changed over time?
- How do you think the ethical responsibilities of law enforcement professionals have changed related to this crime?
Respond to the discussion thread of at least two peers, reflecting on what you think contributed to the evolution of the punishment for the crime they chose.
peer 1
How does this crime violate the social contract?
Social contract theory states that “people live together in society in accordance with an agreement that establishes moral and political rules of behavior” (Social Contract Theory, n.d.). With that, if we all follow the social contract then we will all live moral lives. Driving under the influence (DUI) doesn’t adhere to the social contract because it is immoral and puts people and their property in danger from the drunk driver. By threating others’ lives with harm and injury in violates the social contract.
Has the definition of this crime changed over time?
The definition of driving under the influence has mostly changed through lowering the blood alcohol concentration (BAC) limit that somebody can drive with. Before 1935 there was no way to test somebodies BAC, nor was there a clear definition of what “drunk driving” was even though it was outlawed in 1910 (Hunter, 2016).
How have changes in society influenced how this crime is defined?
The major thing that changed in society influencing the definition of this crime was the availability of cars to buy. Before most people didn’t own cars so drinking and driving wasn’t a huge issue. With the addition of all these new cars, in the 1930’s road safety became a concern so two organizations were hired to undertake studies and boost traffic safety (Hunter,2016).
How have these changes influenced legal outcomes?
It first changed the level for which somebody was considered drunk dropping the BAC from .15% to .08% and adding zero tolerance laws for minors. The penalties for DUI have gone up and in some states if you get a third DUI it is now considered a felony.
Has the punishment of this crime changed over time?
The punishment has changed quite a bit. The first DUI was given to a 25-year-old London taxi driver in 1897, he was fined only 25 schillings (2009). Now for your first DUI in Maryland you can be fined up to $1000, sentenced up to one year in jail, and lose your driver’s license for six months (2016).
How do you think the ethical responsibilities of law enforcement professionals have changed related to this crime?
While there have been many changes to the laws concerning DUI, I don’t think there has been much change as it relates to officer’s ethical responsibilities in handling them since they were made illegal. Ethically the officers need to ensure they try and find out who all is driving intoxicated and perform their proper procedures for a sobriety test and breathalyzer.
peer 2
Good Morning Class,
The crime I chose to write about is murder. Murder is the crime of unlawfully killing a person especially with malice aforethought (“Murder,” n.d.). This crime easily violates the social contract because the social contract theory holds that the purpose of the government is to protect the rights that citizens and people naturally possess; life, liberty, and property (Moll, 2006, p. 5). Murder takes away the life aspect of the social contract.
The definition of murder has been around since the early 1100’s but it included manslaughter as a catch all for killing someone (Green, 1976). The split of the definition came in the Middle Ages when murder was separated from manslaughter and simple homicide. Around 1390 is when murder became its own charge. The United States adopted this charge from England when it gained their freedom in 1776. However, we now have different charges of murder as they are in the first degree, second degree, and third degree. The difference between them is how a person was killed. First degree murder is the intentional killing of another person by someone who has acted willfully, deliberately, or with planning (“First Degree Murder,” n.d.). The second-degree murder charge definition varies by each state however it is generally defined as not premeditated, or the murder is caused by the offender’s reckless conduct (“Second Degree Murder,” n.d.). Only three states have a third-degree murder law and they are Florida, Minnesota, and Pennsylvania. Third degree murder in these states can be defined as homicide committed with the intention of causing bodily harm, but not necessarily death (“Third Degree Murder,” n.d.).
The changes in society has greatly changed how murder is defined because in the early 1100’s murder only meant a person killing someone, no matter how they did it, or even if they wanted to do it. It was also only a capital crime back then. Society understood that a change to the definition was needed because of the circumstances revolving around the murder. Hence the difference degrees that were created along with the different penalties for each one. Premeditated murder is the highest degree of murder as a person plans out their attack on the victim. Society believed they should be receiving the harshest penalty than if a person unintentionally kills someone through their reckless actions.
The change in definition has changed a lot of legal outcomes due to murdering someone. The outcomes of some legal cases have changed for the better to define certain parts of murder such as premeditation. Some state legislatures define premeditated as “knowing and intentional” which allows the standard to be met fairly easily without any prior planning and the charge would-be first-degree murder (“Murder,” n.d.). However, in the case of State v Guthrie (1995) the court ruled that “premeditated” referred to any interval of time between the defendant’s forming of intent and the defendant’s execution of the crime which basically means any amount of time that passes that allows the defendant to be conscious of his action (“Murder,” n.d.). Many different states now define each level of murder a little differently as New York doesn’t include premeditated in first degree murder.
The punishment of murder in the early 1100’s was considered a capital crime and was only punishable by death and that included what we call manslaughter today (Green, 1976). With the different degrees of murder in all of the states and different sentencing guidelines, first, second, and third-degree murders have different punishments for them. Depending on the state, first degree murder can bring a sentence of 25 years to life in prison and even death, while second degree murder can bring a sentence of 15-25 years in prison. In the three states that have a third-degree murder charge, they can be sentenced up to 25 years in prison (“Third Degree Murder,” n.d.).
The ethical responsibilities of law enforcement have changed significantly due to the crime of murder. Before the United States was created, murder was only one crime where police needed to find the person responsible for the death. Now, with the different degrees of murder and the vast range of punishment including death, law enforcement officers must ensure they do their job correctly and be very detailed because the defendant may not be charged correctly. It can affect the defendant’s life drastically if the person shouldn’t be charged for murder, but instead manslaughter which brings a far less punishment. According to Moll (2006), police are also bound by the social contract in which they are trusted by citizens to use their power and enforce the laws to benefit the public (p. 5). The police have a duty to serve the public and that means gaining evidence and disseminating it correctly to charge the person accordingly.
Thank you,
Timothy

Explanation & Answer

Attached.
Running Head: TERRORISM
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Terrorism
Name
Professor
Course
Date
TERRORISM
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Terrorism
Terrorism is the unlawful use of force or violence aimed at intimidating or coercing
people, government or any other entity for political or social objectives. The social contract
theory puts forward that there is a collective understanding denoting that it is in everyone’s best
interest to enforce rules that ensure safety and security. Terrorism violates this social contract
theory concept by going against the rules and performing acts of violence that cause harm for
their own gain (Sznaider, 2006). Initially, in the 20th century, the definition of terrorism was
limited as a means of coercion, especially d...
