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Phase 5 Individual Project

Colorado Technical University Online

CJUS285-1102A-01: Juvenile Delinquency

Professor Steven Mardock

Christopher B. Lane
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Abstract

I will be discussing some important information that is pertaining to the Colonial Period. I will

be discussing some key important facts that the Colonial Period carried out with extreme

punishments to the offenders. These punishments that were use in our society from a long time

ago will be considered as inhumane today. The 21st Century takes a different approach in better

educating our juveniles to keep reoccurring circumstances from ever happening again. This

paper will go into detail about the Psychological and Sociological explanations from different

authors, and the conclusions they have come up with.

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Portions of this assignment had previously been submitted in CJUS285-1102A-01: Juvenile

Delinquency on May 2, 2011, the instructor’s name is Steven Mardock.

Colonial Period

I would like to start out this individual project by talking about when was the Colonial

Period actually took place to give the reader an idea. The Colonial Period policing actually

started in the year of 1215; it did not get established until 1600 when the Magna Carta was

introduced [ CITATION Net11 \l 1033 ][ CITATION Lan115 \l 1033 ]. The Magna Carta was put in place

for the liberties for each citizen, it only granted some liberties. It was widely considered to

provide some range of individual freedoms [ CITATION Net11 \l 1033 ][ CITATION Lan115 \l 1033 ].

In the Colonial Period, the criminals were brought to the middle of the town to receive their

punishment in front of the public [ CITATION Dem10 \l 1033 ] [ CITATION Lan115 \l 1033 ]. Such

punishments would include the following: pillory, stocks, and whipping posts [ CITATION

Dem10 \l 1033 ].

Punishments

In addition, the person who was locked in the pillory during treacherous weather

conditions would be subjected to a punishment from the township would have fruit thrown at

them by the citizens of the community [ CITATION Dem10 \l 1033 ][ CITATION Lan115 \l 1033 ]. The

most common crime and hated by others was the crime of blasphemy. There was some

speculation to Captain Kemble in that his punishment was lewd and unseemly behavior of the

Sabbath Day [ CITATION Dem10 \l 1033 ][ CITATION Lan115 \l 1033 ]. The punishments in detail; the
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pillory is type of framework that has holes in it so the offender can put his head, and hands in

while the offender stands up. The term stocks had holes were the offender’s ankles were locked

in settling down [ CITATION Dem10 \l 1033 ] [ CITATION Lan115 \l 1033 ]. The punishment of

whipping posts consists of the offender getting whipped in front of the whole town [ CITATION

Dem10 \l 1033 ] [ CITATION Lan115 \l 1033 ]. There was another type of punishment that occurred,

and that was branding. Branding also occurred when someone committed a crime in the Colonial

Period [ CITATION Dem10 \l 1033 ]. Also, they used to cut the offender’s ear off [ CITATION

Dem10 \l 1033 ].

Theories

The theories expressed during this time frame can easily be summed up to be as rude,

unethical popular law. The first theory was considered to be the standard theory [ CITATION

Sto68 \l 1033 ][ CITATION Lan115 \l 1033 ]. There was a Chief Justice with the name of Lemuel

Shaw concluded to the facts during the Colonial Period that the Colonial beginnings of the 17th

century and 18th Century that the English jurisprudence was even considered a subsidiary force

[ CITATION Sto68 \l 1033 ][ CITATION Lan115 \l 1033 ]. In 1968, the author William Stoebuck

mentions that Chief Justice Lemuel Shaw stated that the common law was imported by our

colonial ancestors, as far it was applicable, and was sanctioned by royal charters and colonial

statues. In 1968, the author William Stoebuck mentions the third theory of colonial-law reception

was indebted to Professor Julius Goebel. In 1968, the author William Stoebuck mentions that

Goebel found based upon Plymouth Colony from 1620 to 1650; Professor Julius Goebel
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presented evidence that the law practiced was that of the customary law that was of the local

courts the Colonist had known in England.

Procedure

In 2005, the author Elizabeth Kolsky talks about an English lawyer named Thomas

Babington Macaulay. Thomas Babington was an aspiring lawyer. Thomas Babington Macaulay

argued that the role in front of the British Parliament about the British governance in India

[ CITATION Kol05 \l 1033 ][ CITATION Lan115 \l 1033 ]. In 2005, the author Elizabeth Kolsky

mentions the English lawyer ideas about codification-creating as one great and entire work

symmetrical in all parts and pervaded by one spirit. In 2005, the author Elizabeth Kolsky

mentions the goal of her article is to explain why the root in India was as facilely and quickly as

it did. In 2005, the author Elizabeth Kolsky mentions in her article, the first Code of Criminal

Procedure occurred in 1861, secured the legal superiority of European-born British subjects.

Diversion

There was no diversion that occurred in the Colonial Period.

Prevention

Prevention was not an option during the Colonial Period. When someone did something

wrong, they received the harshest punishment[ CITATION Lan115 \l 1033 ]. To give an educated

guess to this important header; I would have to say prevention of a person committing a crime

would have to be the idea of good education implementations to be in put in place[ CITATION

Lan115 \l 1033 ]. Generally, there would not be any education[ CITATION Lan115 \l 1033 ]. The
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person who committed a crime just received their fair form of punishment; even if they did not

like the punishment[ CITATION Lan115 \l 1033 ].

21st Century

Unlike the Colonial Period, the 21st Century is a little stricter when it comes to crimes,

but they are dealt with in a way that it would not be so harsh[ CITATION Lan115 \l 1033 ]. In the 21st

Century, when a person commits a crime, they would go through the legal process of the

law[ CITATION Lan115 \l 1033 ].

Punishments

Depending on the severity of the crime will decide the appropriate punishment for the

offender[ CITATION Lan115 \l 1033 ]. Punishment for an offender who commits a crime will give

the option handed down by the judge to either do some time in home incarceration, for the lesser

offense to the more serious crimes would require someone to spend some time in a correctional

facility[ CITATION Lan115 \l 1033 ].

Theories

The theories are based solely on the statutes of each state that sentences a person when

they commit a crime[ CITATION Lan115 \l 1033 ]. Theories are different from the time of the

Colonial Period[ CITATION Lan115 \l 1033 ]. In the 21st Century is not just theory, it is based on

actual evidence[ CITATION Lan115 \l 1033 ].

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Procedure

The procedures in the 21st Century when it comes to the laws are dealt with a speedy

process[ CITATION Lan115 \l 1033 ]. This procedure may only take a short amount of time based on

the actual evidence[ CITATION Lan115 \l 1033 ].

Diversion

Diversion should not be ignored by the criminal justice system and scrutiny [ CITATION

Din07 \l 1033 ][ CITATION Lan115 \l 1033 ]. In 2007, the authors of this story, Gavin Dingwall, and

Alisdair A. Gillespie mentions the importance of diversion in the English criminal justice system

should not be underestimated[ CITATION Lan115 \l 1033 ]. In 2007, the authors, Gavin Dingwall,

and Alisdair A. Gillespie mentions the juvenile offenders a higher proportion of those who

offend are not dealt with through the formal process of prosecution, trial and

punishment[ CITATION Lan115 \l 1033 ].

Prevention

Generally, the best way to prevent something like this from happening will require the

proper education of the juvenile offender[ CITATION Lan115 \l 1033 ] [ CITATION Wil09 \l 1033 ]. By

properly educating the juvenile offender will enable to produce good citizens in society[ CITATION

Lan115 \l 1033 ]. This is my factual affirmation to this particular header[ CITATION Lan115 \l 1033 ].

If we can prevent, and educate, we will succeed as citizens in society[ CITATION Lan115 \l 1033 ].
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Jim weighed out his options, and has decided to stay in the 21st century. I would like to

begin by talking about the two types of explanation. Those two types of explanation are

Psychological Explanations, and Sociological Explanations.

Psychological Explanations

The first one I would like to talk about is Behavioral theory, and how it relates to crime.

In 1996, the author Dr. Heather D. Flowe talks about Psychoanalytic Theory mentions all

humans have criminal tendencies through the process of socialization. Dr. Heather D. Flowe

goes on to say that these tendencies are curbed by the development of inner controls [ CITATION

Flo96 \l 1033 ]. In 1996, Dr. Heather D. Flowe mentions that Freud hypothesized that the most

common element that contributed to criminal behavior was faulty identification by a child with

her or his parents. In 1996, Dr. Heather D. Flowe talks about Cognitive Development Theory as

it is formulated a theory concerning the development of moral reasoning.

Behavioral

I will begin to discuss Behavioral theory. The author who came up with this type of

research was Albert Bandura and Richard Walters collaborated at Stanford University and wrote

their first book, Adolescent Aggression in 1959. Bandura was the President of the APA in 1973,

and received the APA’s Award for Distinguished Scientific Contributions in 1980 [ CITATION

Boe06 \l 1033 ]. In 2006, the author Dr. C. George Boeree talks about Bandura’s theory on

behaviorism and Bandura concluded with his emphasis on experimental methods, focusing on

variables we can observe, measure, and manipulate, and avoid whatever is subjective, internal,
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and unavailable. One question you may be asking yourself: How does this pertain to Jim’s

behavior? Cognitive Theory and Behavior Theory work together with each other.

Cognitive

Frank Pajares mentions Social Cognitive Theory as a theory of social learning and

imitation that rejected behaviorist notions [ CITATION Paj02 \l 1033 ]. In 2002, Frank Pajares

mentions the year of 1963, when Bandura and Walters wrote the book, Social Learning and

Personality Development, in this book written by: Bandura and Walters, it talks about the

broadening of the frontiers of social learning theory with the now familiar principles of

observational learning and vicarious reinforcement. In 2002, the author Frank Pajares talks about

how these two important factors and they are as follows: Personal Factors, Environmental

Factors, are the triangle with Behavior of the person committing a crime. In other words, how

this pertains to Jim. If the environmental factor, personal factor coincide with each other, and

only then you will have the behavioral characteristics of someone committing a crime.

Expected Treatment

The expected treatment to such a condition will involve prescription medication under the

supervision of a medical doctor, who is licensed to practice medicine. The medical doctor will

closely monitor someone with this condition, so there is no severe side effect that can occur with

the prescription that was prescribed to the person(s).

Sociological Explanations
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I would like to talk about the Sociological Explanation of someone committing a crime.

The author Mathieu Deflem talks about modern criminology and the sociological theory

[ CITATION Def06 \p 1-6 \l 1033 ]. In 2006, the author Mathieu Deflem talks about that not all

criminology is sociological in orientation and, far more troublesome, not all sociologically

minded criminological work is resolutely and thoroughly grounded in theory.

Social Structure

The social structure outlined by the authors Allen E. Liska and Mitchell B.

Chamlin talks about Social Structure and Crime Control among Macrosocial Units [ CITATION

Lis84 \p 383-395 \l 1033 ]. In 1984, the authors, Allen E. Liska and Mitchell B. Chamlin talks

about this into their summary as there was considerable variation in arrest rates between cities

and that racial/economical composition substantially affects them, independently of reported

crime rates.

Social Structure

In addition, to the social process, there is the social structure of someone committing a

crime. The author Allen E. Liska talks about the Functions of Crime: A Paradoxical Process

[ CITATION Fun91 \p 1441-1463 \l 1033 ] . In 1991, the author Allen E. Liska talks about in his

summary of this journal that Sociologist has long been interested in the functions of deviance

and crime for the social order. In 1991, the author Allen E. Liska talks in his journal about

Durkheim as a functionalists, argue that crime or the reaction to it brings people together,

thereby building social solidarity and cohesiveness, which in turn decreases crime.
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Expected Treatment

The expected treatment for someone that commits crimes in a sociological theory would

be care work is done in the home [ CITATION Eng051 \p 381-399 \l 1033 ]. In 2005, the author Paula

England talks about how this treatment can be effective and she goes on to say that care work is

done in the home as well as in markets for pay. In 2005, the author Paula England mentions five

theoretical frameworks have been developed to conceptualize care work; the frameworks

sometimes can offer competing answers to the same questions, and often times address distinct

questions.
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References

Net Industries. (2011). Colonial Period-Criminal Law. Net Industries, retrieved from:

http://law.jrank.org/pages/11881/Colonial-Period-Criminal-law.html April 30, 2011

Boeree, C.G. (2006). Personality Theories. Autobiography of Albert Bandura, retrieved from:

http://webspace.ship.edu/cgboer/bandura.html May 7, 2011

Deflem, M. (2006). The Bearing of Sociological Theory on Criminological Research. University

of South Carolina- Department of Sociology. Vol. 7. 1-6. Elsevier/JAI Press Publisher.

Amsterdam, retrieved from: http://www.cas.sc.edu/socy/faculty/deflem/zSTCRintro.html

May 8, 2011

Demand Media. (2010). Crime and Punishment in Colonial America. Essortment-Your Source

for Knowledge, retrieved from: http://www.essortment.com/crime-punishment-colonial-

america-20979.html May 1, 2011

Dingwall, G., Gillespie, A., A. (2007). Special Issue: Diverting Juveniles, Diverting Justice. Web

Journal of Current Legal Practices, retrieved from:

http://webjcli.ncl.ac.uk/2007/issue2/dingwall2.html May 1, 2011

England, P. (2005). Emerging Theories of Sociology. Department of Sociology, Stanford

University. Vol. 31. 381-399, retrieved from:

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http://www.annualreviews.org/doi/abs/10.1146/annurev.soc.31.041304.122317 May 8,

2011

Flowe, H.D. (1996). Intro to Psychology and the Law. University of California at San Diego,

retrieved from: http://psy2.ucsd.edu/~hflowe/psych.htm May 7, 2011

Kolsky, E. (2005). Codification and the Rule of Colonial Difference: Criminal Procedure in

British India. Law and History Review, retrieved from:

http://www.historycooperative.org/journals/lhr/23.3/pdf/kolsky2_lhr.23.3.pdf May 1,

2011

Lane, C.B. (2011). CJUS285-1102A-01: Juvenile Delinquency. Colorado Technical University

Online. Re-purpose work has been recently submitted on May 2, 2011, the instructor

name is Steven L. Mardock, retrieved from:

https://campus.ctuonline.edu/pages/MainFrame.aspx?

ContentFrame=/Home/Pages/Default.aspx May 7, 2011

Liska, A.E., Warner, B.D. (1991). Functions of Crime: A Paradoxical Process. The American

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Liska, A.E., Chamlin, M.B. (1984). Social Structure and Crime Control among Macrosocial

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Chicago Publisher, retrieved from: http://www.jstor.org/pss/2779220 May 8, 2011

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& Mary Law School Scholarship Repository. Vol. 10. Issue 2, retrieved from:
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http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=2851&context=wmlr May 1,

2011

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