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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 (Net Industries, 2011) (Lane, 2011). 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 (Net Industries, 2011) (Lane, 2011). In the Colonial Period, the criminals were brought to the middle of the town to receive their punishment in front of the public (Demand Media, 2010) (Lane, 2011). Such punishments would include the following: pillory, stocks, and whipping posts (Demand Media, 2010). 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 (Demand Media, 2010) (Lane, 2011). 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 (Demand Media, 2010) (Lane, 2011). The punishments in detail; the 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

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stocks had holes were the offender’s ankles were locked in settling down (Demand Media, 2010) (Lane, 2011). The punishment of whipping posts consists of the offender getting whipped in front of the whole town (Demand Media, 2010) (Lane, 2011). There was another type of punishment that occurred, and that was branding. Branding also occurred when someone committed a crime in the Colonial Period (Demand Media, 2010). Also, they used to cut the offender’s ear off (Demand Media, 2010).

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 (Stoebuck, 1968) (Lane, 2011). 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 17 th century and 18th Century that the English jurisprudence was even considered a subsidiary force (Stoebuck, 1968) (Lane, 2011). 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 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

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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 (Kolsky, 2005) (Lane, 2011). 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 (Lane, 2011). 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 (Lane, 2011). Generally, there would not be any education (Lane, 2011). The person who committed a crime just received their fair form of punishment; even if they did not like the punishment (Lane, 2011).

21st Century

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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 (Lane, 2011). In the 21st Century, when a person commits a crime, they would go through the legal process of the law (Lane, 2011).

Punishments Depending on the severity of the crime will decide the appropriate punishment for the offender (Lane, 2011). 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 (Lane, 2011).

Theories The theories are based solely on the statutes of each state that sentences a person when they commit a crime (Lane, 2011). Theories are different from the time of the Colonial Period (Lane, 2011). In the 21st Century is not just theory, it is based on actual evidence (Lane, 2011).

Procedure The procedures in the 21st Century when it comes to the laws are dealt with a speedy process (Lane, 2011). This procedure may only take a short amount of time based on the actual evidence (Lane, 2011).

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Diversion Diversion should not be ignored by the criminal justice system and scrutiny (Dingwall, G., Gillespie, Alisdar, A., 2007) (Lane, 2011). 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 (Lane, 2011). 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 (Lane, 2011).

Prevention Generally, the best way to prevent something like this from happening will require the proper education of the juvenile offender (Lane, 2011) (Wilson, 2009). By properly educating the juvenile offender will enable to produce good citizens in society (Lane, 2011). This is my factual affirmation to this particular header (Lane, 2011). If we can prevent, and educate, we will succeed as citizens in society (Lane, 2011).

Jim weighed out his options, and has decided to stay in the 21 st 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

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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 (Flowe, 1996). 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 (Boeree, 2006). 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, 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 (Pajares, 2002). In 2002, Frank Pajares mentions the

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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 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 (Deflem, 2006, pp. 1-6). 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

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The social structure outlined by the authors Allen E. Liska and Mitchell B. Chamlin talks about Social Structure and Crime Control among Macrosocial Units (Liska, A.E., Chamlin, M.B., 1984, pp. 383-395). 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 (Liska, A.E., Warner, B. D., 1991, pp. 1441-1463). 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.

Expected Treatment The expected treatment for someone that commits crimes in a sociological theory would be care work is done in the home (England, 2005, pp. 381-399). 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

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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-colonialamerica-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: 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:

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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/Defau lt.aspx May 7, 2011 Liska, A.E., Warner, B.D. (1991). Functions of Crime: A Paradoxical Process. The American Journal of Sociology. Vol. 96. Issue. 6. 1441-1463. The University of Chicago Press Publisher, retrieved from: http://www.jstor.org/pss/2781906 May 8, 2011 Liska, A.E., Chamlin, M.B. (1984). Social Structure and Crime Control among Macrosocial Units. The American Journal of Sociology. Vol. 90. Issue. 2. 383-395. The University of Chicago Publisher, retrieved from: http://www.jstor.org/pss/2779220 May 8, 2011 Pajares, F. (2002). Overview of Social Cognitive Theory. Emory University, retrieved from: http://des.emory.edu/mfp/eff.html May 8, 2011 Stoebuck, W., B. (1968). Reception of English Common Law in the American Colonies. William & Mary Law School Scholarship Repository. Vol. 10. Issue 2, retrieved from: http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=2851&context=wmlr May 1, 2011 Wilson, C. (2009). Colonialism and Nationalism in Southeast Asia. Welcome to SEAsite-Center for Southeast Asian Studies Northern Illinois University, retrieved from: http://www.seasite.niu.edu/crossroads/wilson/colonialism.htm May 1, 2011

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