Evolution of Crime
Crimes have evolved in the type, intensity, manner of perpetration. The accomplishment of criminal activities can be dated from the biblical records, which provide a detailed nature of crimes, intensity, and intent ( Miller, 2012 ). Cases like children killing for sacrifice, and classification of crimes that could warrant stoning or seclusion were understood. The roman era and the middle ages experienced different types of crimes that we observe today. Technological improvements have revolutionized how crimes are conducted as computer technology, guns, and forensic expertise has made criminals sophisticated, dangerous, and elusive ( National Public Safety Partnership, 2018 ). Life pressure and diseases and disorders like schizophrenia and other mental disorders have changed innocent people to dangerous homicide offenders. Therefore, crimes have become intense, sophisticated, and have multiple motives than periods in the biblical, roman, and middle ages.
Sentencing Of Offenders Based On the Relative Depravity of Their Crime
Offenders should be sentenced based on the relative depravity of their crimes. Crimes are conducted under different circumstances. The circumstances rule observes that the perpetrators have different motives, mode of conduction, and result in different impacts on their victims. Welner (2006) notes that using standardized punishment criteria is unjust. It is unrealistic considering that some of the perpetrators are sober and use more lethal tools while others may be suffering from mental disorders or acting in defense while others kill for leisure. Hansen (2011) agrees on this point, noting that similar crimes may be rated differently based on their magnitude, nature, and impact.
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Potential Problems in Collecting and/or Incorporating the Rule of Depravity and Crime Relativity
Inconsistent definition of depravity and difference in personal judgments of the degree of depravity is an impediment to the application of the depravity rule (Welner, 2006). Sitting in one panel, members of the jury pass different sentencing on the same case responding to the same evidence. Also, there is the danger of making the depravity scale a standard rule overriding the independence of the jury (Welner, 2014).
Response to Colleagues
Colleague 1
You have used Miller (2012) to state that “ In biblical times, killing as a part of religious sacrifices was an accepted practice"- does the biblical account indicate that it was acceptable also among the Jews/Israelites? If it is not the case, can we argue that the subject of killing was determined by differences in ethical principles between the Jews and the Gentiles?
Colleague 2
Does crime by computer change how the jury perceives criminal depravity? Or is it a new model of criminal accomplishment that the jury and classification scales lack a comprehensive approach to its classification and punishment?
Colleague 3
Hello, you have emphasized the place of culture in your post. I am interested to know more about how it impacts the justice system. Is the place of culture in the jury’s mind emphasized as it should be? And is there any conflict of interest in the two concepts, culture and depravity scale? What would be the impact of the multiple cultures in determining a single crime?
References
Hansen, M. (2011). Depravity Scale May Help Judges and Juries During Sentencing. Retrieved from http://www.abajournal.com/magazine/article/depravity_scale_may_help_judges_and_juries_during_sentencing
Miller, L. (2012). Criminal psychology: Nature, nurture, culture. Springfield, IL: Charles C. Thomas.
National Public Safety Partnership (2018). The changing nature of crime and criminal investigation. Retrieved from https://nationalpublicsafetypartnership.org/clearinghouse/Resource/786
Welner, M. (2006). Classifying crimes by severity: From aggravators to depravity. In J. E. Douglas, A. W. Burgess, Allen G. Burgess, & Robert K. Ressler (Eds.), Crime classification manual (3rd ed.). Retrieved from http://www.forensicpanel.com/data/Unsorted/Classifying_Crimes_by_Severity-88939-1.pdf
Welner, M. (2014). The depravity standard. Retrieved from https://depravitystandard.org/about_the_research.html?PHPSESSID=h3nb18jttv0mj dn7ofckrc8c06
