Question.2222 - To Do: Read: ‘Setting the Stage’ Watch: the Segment 2 of this documentary on the Bloody Code (streamed from the John Jay Library) http://fod.infobase.com.ez.lib.jjay.cuny.edu/p_ViewVideo.aspx?xtid=43760# You will need your John Jay username and password to access it. Read: Amnesty International Article Go to the Discussion Forum: Answer the Questionsby 7/23. MAKE SURE YOU RESPOND TO AT LEAST TWO YOUR CLASSMATES’ POSTINGS. Note: if you have problems downloading the reading and documentary segment, please get in touch immediately Discussion Questions: 1. Why has the history of criminology been described as a ‘history of silencing and exclusion’? 2. Discuss the significance of the case of the regicide Damiens for criminology. 3. Why were witches persecuted during the time of the ancien regime? 4. What was ‘The Bloody Code’ 5. Clearly the treatment of witches and Damiens, and The Bloody Code, constitute ‘cruel and unusual punishment’. Beccaria wrote passionately against the death penalty. He saw it as against the social contract, that it amounted to legalized ‘murder’, that it damaged society and did not work as a deterrent. The Eighth Amendment of the American constitution ensures individuals protection from cruel and unusual punishments. Amendment VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. But what is cruel and unusual punishment? Today the death penalty – that is still used by many states – is often described as ‘cruel and unusual’ (see the argument presented in the Amnesty International article). Do you agree? Justify your response. 2 Further Reading: the Death Penalty Information Center which provides information on the United States (http:www.deathpenaltyinfo.org) and the organization pro-death penalty.com which aims to speak for the ‘rights’ of victims (http:www.pro- deathpenalty.com). Amnesty International and Human Rights Watch also provide information on the use of the death penalty around the world. .
Answer Below:
1. Why has the history of criminology been described as a ‘history of silencing and exclusion’? Ans- The history of criminology has been described as a ‘history of silencing and exclusion’ because traditional criminology has often focused on individual criminal behaviour while neglecting the crimes that has been committed by the state in the name of colonialism (Mooney,2019). This kind of selective judgement has led to a silencing of the injustices committed by people of power. Moreover, the history of criminology has also failed to engage with the historical injustices that led to a frequently covering up of the horrors of slavery. The field of criminology has also been used by the state as a tool to justify the actions. This alignment of interest of the criminology and that of the state has in advertently contributed to the silencing of the dissenting voices. 2. Discuss the significance of the case of the regicide Damiens for criminology. Ans- The case exemplifies the extreme heartlessness of the judiciary system during the ancient regime in France. The severity of the punishment that he has received which includes torture and brutal execution demonstrates the inhumanity of the justice system. The case also highlights the perception that any crime committed against the monarch would be considered a crime committed against God. Moreover, this case also raises questions about the society's attitude towards violence. A large crowd was gathered to watch the execution and this raises serious questions asked to the public fascination and delight to witness such an event. 3. Why were witches persecuted during the time of the ancien regime? Ans- During the time of ancien regime, there was a dominant influence of the church and their belief in witchcraft contributed to the hysteria. The dualistic view of the Church saw witches as the representatives of the devil which was in opposition to Christianity and they also believed in the spiritual battle between God and Satan. Older women who did not live in a traditional family structure were the most likely targets. The social economic changes and the increase in the frequency of unmarried women or women entering the male-dominated markets fooled the misplaced fears over the changing gender roles. Moreover, the inferior status of the women also made them vulnerable to a large-scale persecution. 4. What was ‘The Bloody Code’ Ans- The term “Bloody Code” was a term used to describe the extremely Harsh criminal laws that existed in England during the 18th and early 19th centuries. During that period there was an excessive use of the death penalty and severe punishments for a wide array of offences. During the period England faced various social and economic challenges that included a growing urban population and also increase in property crimes. As a result, the English authorities prescribed capital punishments for even petty offences like theft burglary robbery surgery pick pocketing and shoplifting. Critics have argued over time that such civility of the punishment did not guarantee the reduction in the crime rates and it led to the execution of individuals for minor offenses. Over the years several reforms were introduced and eventually the “Bloody Code” was abolished. 5. Clearly the treatment of witches and Damiens, and The Bloody Code, constitute ‘cruel and unusual punishment’. Beccaria wrote passionately against the death penalty. He saw it as against the social contract, that it amounted to legalized ‘murder’, that it damaged society and did not work as a deterrent. The Eighth Amendment of the American Constitution ensures individuals protection from cruel and unusual punishments. Amendment VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. But what is cruel and unusual punishment? Today the death penalty – that is still used by many states – is often described as ‘cruel and unusual’ (see the argument presented in the Amnesty International article). Do you agree? Justify your response. Ans- A cruel and unusual punishment may be defined as a form of the death penalty given to offenders that may result in an excruciating death (Power,2013). The motive behind imposing such punishment is not just to end the life of the offender but to also make them suffer. In my opinion, although the death penalty is an extreme form of punishment, some crimes demand capital punishment like committing rape of minors and women. My justification for the same is that most often the victims of rape are scarred for life and they would have preferred death over survival after enduring rape. In such a case the offenders can possibly never be redeemed thereby giving a message that rape is an offense that doesn’t demand capital punishment (BATRA,2023). Also, in my opinion, committing rape is the highest form of cruelty and crime and to reduce the number of such crimes in a country, death penalties may ensure a reduction in those crimes. REFERENCES Mooney, J. (2019). The theoretical foundations of criminology: Place, time and context. Routledge. Power, J. (2013). Amnesty international: The human rights story. Elsevier. BATRA, P. (2023). DEATH PENALTY FOR RAPE: DEBATE ON DEATH AS A DETERRENT SENTENCING POLICY IN INDIA. Russian Law JournaMore Articles From History
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