The Relationship between Law and Criminality

Law and criminality, according to Dictionary.com, means "the principles and regulations established in a community by some authority and applicable to its people, whether int he form of legislation or of custom and policies recognized and enforced by judicial decision" and "the act of negligence that is deemed injurious to the public welfare or morals or the interests of the state and that is legally prohibited" respectively.

Simply saying, law is the rules, while criminality is the act of breaking those rules. The purpose of these rules are to protect each person's rights and safety. Criminals are the individuals that have violated the human rights or caused danger to another individual, which are acts of breaking the law. Of course, because they have broken a law, they are subjected to a punishment. This punishment can be serving time in jail, community service or, in some countries, a death sentence, depending on the severity of the crime committed. As we all know, a punishment is not an enjoyable thing. Nobody likes to be punished. So giving out punishments to criminals is a way to prevent them from committing another crime and a way of preventing other individuals to commit a crime. 

This might make you think that punishment is what prevents crimes. This is true, but we must see that punishments are the result of breaking the law. Without law, criminality is a free act with no consequences. Therefore, it is really laws that prevents criminality and protects a community. This is the relationship between law and criminality.  

Death Penalty

Death penalty is a form of punishment where the person who committed the crime is sentenced to death. This type of punishment is being used globally for severe crimes like intentional murder, rape and/or abuse. 

Although it is used globally, this capital punishment has been the topic of debate for many years. In fact, it will probably continue to be an issue for the years to come. Let us take a look at the two sides of debate under this issue:

FOR

People who are pro death penalty usually give reasons such as justice to support their stand. They believe in the phrase, "an eye for an eye". Since death penalty is usually sentenced to people who committed first-degree murder, it is only fair that they receive the same fate.  Also, the people who chose this stand believe that nobody fears anything more than death, therefore using death penalty as a punishment is the most effective deterrence. For those people who believe strongly in faith, they look to the Bible, where it is stated in Exodus 22:18, "He that smiteth a man, so that he die, shall surely be put to death." Because of this statement, they believe that death penalty should rightly be practiced because it is "approved" by God. 

AGAINST

People are against death penalty for different reasons. They feel like there is no point in executing a criminal because they can't undo the crime they committed. It is also very much possible that the person being executed is not guilty of the crime, but rather framed for it by the real criminal. If that happens, it is the same as killing the innocent. It is also stated that sentencing criminals to death penalty and executing it is far more expensive than just putting them in jail for life. Because of this, they believe that death penalty is not economical and only bring more suffering to the country. 

Personally, I am against the practice of death penalty. I find it simply illogical. The law tells us not to commit murder, so why is murder legal when it comes to killing criminals? They tell us to respect human rights, well the human rights state that everyone deserves the right to live. Nobody, not even criminals, should be killed by another man. I understand the people who say that it is a form of justice, because the criminal have killed others, so it is only right that they suffer the same. But the truth is, people who are on death row do not go through much pain, unlike the victims they murdered. Also, death penalty does not only involve the victim, judge and criminal. Have you ever thought about the person that has to be the one who kills the criminal? Imagine the guilt he has to live with. 

I just feel like there are other ways in which we can punish a person who has committed heinous crimes. How about solitary confinement? Or a lifetime in prison? Surely from all these alternatives, one is bound to work in keeping order. It is not right for the law to contradict itself and it is not right for it to be hypocritical. Murder is wrong, in any form, under any circumstances, therefore it should never be practiced. 

Has Law Helped in Reducing Crimes?

The law is used to keep a certain country or community in order. It is the rules in which the people of the community or country live by. As I have written in my previous blog entry entitled "How Does Law Help in Reducing Crimes?" it is the fear of punishment from breaking the law that stops people from committing them. 

But has law helped in reducing crimes? The answer to this question depends on the place and the people.

In countries where law are properly enforced, there is no doubt that law has helped in reducing crimes. Such countries would have to have law enforcers who are serious about their job, have a great sense of patriotism and want for improvement in their country. These people would be able to arrest most of the criminals in their country and give them the right punishment for their crime. 

But in countries where law enforcers do not take their job seriously, the law probably did not help much in reducing crimes. The law enforcers would probably be open to bribery, which makes it so much easier for the guilty individual to avoid being arrested and punished. 

How Does Law Help in Reducing Crimes?

Law is a set of rules recognized by a country or community to regulate the actions of its people. It becomes something the people use to live by. But, like any other rules, it can be broken. Should a law be broken by an individual, a punishment or penalty can be passed on by the authority of the certain country or community to the individual. 

Laws prevent its people from doing bad things. Another name for such bad things would be crimes. Examples of crimes would be murder, rape, robbery, etc. People constantly break the law and commit crimes for various reasons. When an individual commits a crime, they can be reported to the authorities and arrested. If they are guilty, they can be punished by serving time in prison, doing community work, and in severe cases, they can be punished to a death sentence. Whatever they are asked to do, it won't be something enjoyable. The point of a punishment is to teach the individual to not break the law anymore. Other than that, it can also scare the individual from committing more crimes. 

It is this fear that stops people from committing crimes. The law indirectly scares the people of a country or community with the possibility of punishment, and that is how it reduces crimes. 

What are the Most Violated Crimes in Indonesia?

Indonesia is known all over the world to be a beautiful country with a wide range of flora and fauna. But what people don't know is that there is an ugly side to Indonesia--one with a wide range of crimes.

One of the most common crimes committed would be theft. The 'snatch-and-grab' robbery is one of the commonly used methods. Such crimes mostly happen in free roads where the criminals (usually two men riding a motorcycle) would drive close by to a pedestrian, grab their belongings, then speed away. Another is the pick-pocketing method that usually happens in crowded places like the wet market. Here, the robber would sneakily take belongings from the pocket in your pants or your bag without you knowing. 

Another crime commonly violated is the act of pirating movie DVDs and music albums. Pirated CD shops can be found in almost any big city in Indonesia. In fact, it is easier to find pirated movies and music than the original ones. They are also sold at a much, much cheaper price, making it more appealing to customers. 

Illegal logging, fishing and selling of endangered species are also serious crimes in Indonesia. Many people, violate these crimes to earn more money. Efforts have been made by the government to stop such actions.

But, as serious as they are, these crimes are all nothing compared to the crime violated by government officials all over Indonesia--corruption. The government officials here would use their power and authority to access the country's finances and send it over to their own bank accounts for personal use. The money they take can be counted up to trillions of Indonesian Rupiahs, all of which are usually tax money collected from the people. To hide their tracks, they could simply bribe the accounting department with the money they took to keep their mouths shut. 

Just like most countries around the world, Indonesia too still has to battle a lot of crimes for the well-being of its people. These are just some of the common crimes the country faces. 

More Examples of Value Judgements

1. Should every school have a library?
The answers to this question will be a value judgement. If a person values utility more, then he would say that no, not every school should have a library because of its cost and need for space. But a person who values education would say that every school should have a library.

2. Should physical punishment be allowed in a school?
Those who value discipline more than safety would say that yes, physical punishment should be allowed. But those who think the opposite, would say that no, it should not be allowed as the person giving the punishment might go overboard and hurt the children tremendously. 

3. Should teenagers be allowed to date?
Those who value safety would say no to teenagers dating as dating at a young age can lead to things like teenage pregnancy or STDs. But those who value love would say that it doesn't matter at what age people start to date. 

Value Judgements

According to the 8^th edition of the Oxford Advanced Learner’s Dictionary, value judgement is a judgement about how good or important something is based on personal opinions rather than facts. In other words, it is the opposite of factual judgement. Factual judgement would use, as the name implies, facts.  Value judgement, on the other hand, uses moral and utility values. Some examples of moral values are truthfulness, compassion, respect, patience, etc. Utility values are the values that you cannot live without, like food, money, stability, safety, etc.

Here are some examples of value judgements:

1. “Mathematics is the hardest subject in school.”

This is a value judgement because it is not based on facts, but more on a person’s opinion. Nobody has proven that mathematics really is the toughest subject in school. In fact, some students might think that mathematics is an easy subject.

2. “Death penalty should not be practiced.”

This statement is subjective, meaning it pertains to the characteristic of the individual. In this case, the person’s characteristic is forgiving and merciful, thus resulting in him to make this assessment. Here he uses not facts, but his moral values to make this judgement, making it a value judgement.

3. “Sky-diving is not scary.”

Like my previous example, this judgement is a value judgement because it is subjective. The person making this judgement could be courageous in characteristic. But those people who are less courageous would not say the same thing. This statement is also not based on fact, which means it cannot be a factual judgement.

4. “Every house should have an alarm system.”

In this example of a value judgement, instead of using just moral values like maybe thoughtfulness or care, it also uses the utility values like safety. This statement is also an opinion. It is subjective. Some people might disagree with this statement and think that a house does not need an alarm system.

5. “The Script is the best band ever.”

This example is similar to my fourth example. This statement is a value judgement because it is an opinion. Fans of The Script would definitely agree to this statement but those who are not fans of the band will not. This judgement is also made using the individual’s moral values like dedication or enthusiasm towards the band. Nobody has ever proven that The Script is the best band ever, so this statement is definitely not factual, but it is a value judgement.