Tutorial 3 PDF

Title Tutorial 3
Course Law & Society
Institution Universiti Malaya
Pages 3
File Size 52.8 KB
File Type PDF
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Summary

WEEK 6 (27/04)Question 1  There are two types of social controls, informal and formal social controls. Discuss what these forms of social control are and what type of controls do you think fall within these categories? Social control is a method to maintain order and promote predictable behaviour, ...


Description

WEEK 6 (27/04) Question 1  There are two types of social controls, informal and formal social controls. Discuss what these forms of social control are and what type of controls do you think fall within these categories? -

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Social control is a method to maintain order and promote predictable behaviour, behaviour that complies to a standard Formal social control can be regarded as the use of law and agencies to control our behaviour, where the agencies that are legally sanctioned bodies including Parliament E.g. all the laws passed by Parliament, jurisdiction Informal social control can be regarded as social pressure exerted on an individual to engage in ‘right conduct’ which is unwritten and not codified, and the pressure usually comes from families, schools, or friends. E.g. norms of a society which do not violate the law, a student who did well in exam get rewarded an iPhone, a girl shall not wear sleeveless clothes

Should victimless crimes be subject to social control? Why do you think so? Discuss -

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An illegal act that typically either directly involves only the perpetrator (a person who carries out an immoral act) or occurs between consenting adults Such as owning adults and children pornography, prostitution, drug possession, public drunkenness, suicide Victimless crimes should be subject to social control, as the law not only functioning as retributive approach but also as a preventive measure Examples above do not cause harm to other parties, but the predicted consequences for each scenario are more child trafficking issue will occur to fulfill the demand of the market, spread of HIV, usage of alcohol and drug may lead to road accident or other crimes such as robbery Black market issue may arise as well If the users could not obtain the services/products from legal resources The law shall focus more on the service providers for certain problems such as children pornography and drug possession

Question 2  Can justice be served through Death Penalty? -

No The purpose of the law shall be educating the offender and to contribute to the restoration of social justice For example, in terrorism and murder cases, taking a live of a person cannot compensate the lives of the victims Rights to justice is a human right, but right to life is also a human right and the death penalty itself, regardless of the crimes committed, is a

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What do you think should be the definition of humane punishment? -



violation to the most basic principle of human rights, because you need to be alive to enjoy the rest of human rights I don’t think it is ok to deprive the justice that a person should deserve (which is a birthright) to reimburse a person who losses it, no matter he is a terrorist or what so ever An offender is still a human, and he still deserves the human rights, as it is universal, for everyone on this planet, no men could take away such rights from another And the examples that I gave are terrorism and murdering, which is the most serious offence, how about certain punishments which bring less impact to the society such as usage of drugs, and gun ownership?

Punishment with no or minimum mentally and physically pain, no public humiliation and no further discrimination after serving the sentence (in the past, ex-offender will have an IC with brown stripes on it) More humane designs of prisons/ providing education opportunity for those in jails

What other forms of social control can you recommend for the existing death penalty crimes in Malaysia? -

Life imprisonment Rehab center Education

Question 3  [Read and Prepare] Title: “Prisons are failing. It’s time to find an alternative” https://www.weforum.org/agenda/2019/01/prisons-are-failing-timefor-alternative-sparkinside/ o Should punishment be focused on rehabilitation or retribution? Do you think such concepts of prisons could work in Malaysia? Why? -

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Should focus on rehabilitation World changes fast, if a person was imprisoned since 2000 for 10 years, fortunately he missed 2008 economic crisis, but he will miss FB, Youtube, first iPhone, smartphone, so how the offender is going to prepare himself for the future if he can’t see his future? If the prison itself is that nice, might be even nicer than their own homes, I afraid the system will be abused as a breeding ground for the unemployed or people living below poverty line So, I would suggest the jurisdiction to use other punishment such as social service or any other punishment rather than imprisonment to avoid the issue But undeniably, there will be people who are willing to risk themselves by committing crimes just to enter the prison....


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