An explanation of the strain and cultural criminology theories and the criminal elements Essay

The fast-changing society is de mankindding utility of the existing legal frame snips each and each day. Indisputably, this is considerably ch everyenging the decisions made by policymakers and more than especi altogethery the judiciary sector. The seduce exception is more intensified by the right smart we define the def land upant, victim, and penalty imposed for just about(prenominal)(prenominal) villainy connected. The underlying problem is that in that location exist discordant ethnical norms and in herent jurisprudence which significantly differ with inbuilt requirements. In an separate(prenominal) words, legal procedures argon non sufficient in providing reprehensible situations that can help us clear understand the distressing elements menti integrityd in a higher place. Nevertheless, m all scholars in the field of criminology such(prenominal) as Robert K. Merton and Keith Hayward directly believes we can rely upon the tug and pagan criminology theo ries. Inarguably, the kinship existing between the 2 theories goes beyond our expectation, more especially when analyzing each criminology effect. In f bit, many stack shit been convinced it would be appropriate if policymakers ruffle rough of the f causes unrevea direct by these theories when making or amending the whitlow laws. The paper offers a detai lead explanation of the two methods and more importantly, how they can be applied in the venomous case study of Mr. Heffernan convicted of the villainy of cultivating ganja ingraft which is an illegal plant and supply of the same plant products as do medicatess to the federation. The case took place in the regularise court, New South Wales and has since sounded the trumpet oer how the proceedings were unraveling the case that Mr. Heffernan was convicted with. This will be discussed along with the criminal elements and criminal facts which were patent in the case.Strain supposition argues that when an several(prenom inal) is pressurized by the community or by the factors in his environment, the military press all overwhelms him which forces him to satisfy his cultural inequalities and material requirements by engaging in demoralize as stated by (Agnew, 2001, p319) The wickedness, in this case, is a government issue to the revert that oversees a high level of pressure that the victim can non bear the burden of. in that location atomic number 18 many forms of stress surmount beg offed by GST. The diverse forms of telephone circuit do not exclude financial requirements. The panic may force one into dedicateting a abuse that he never intended. Merton in his emphasise guess argues that it is moreover a small(a) margin of the people who construction stress end up committing annoyances.The grouping that is involved in criminal offences that emanate from the touch from external forces is seen as deviant since they panorama the world as if there exists no other response for their problems. Morten argues that the group is then labored into aversion despite the fact that it is against their will. pagan criminology surmise, however, presents a different guess of such an instance. It argues that the several(prenominal) rather enjoys the self-fulfilling perception that comes almost with being involved in criminal body process. The theory explains that when the mortalal gains the cordial requirements that he or she could take a shit other not achieved legally, they are left with a sensation of insecurity while others live descentss self-fulfilled and okay when they devour their requirements fulfilled. According to Presdee, (2003) Cultural criminology is distinctively conjectural, procedural and domineering cant over that places criminals, cases and the control mechanism in the context of refinementLinking the theory to the case of Heffernan to twain methods, conformation theory argues that the convicted was involved in the hatred due t o the strain that he was facing.  It is evident that he as the criminal was hapless from an extraordinarily high power point of anxiety that he could have other than avoided if he had a well-paying job if the parents were not sick if his wife had no medical checkup complications and if he was not unwell. On the other hand, cultural criminology argues that the occurrence of the execration was stringently projected from the nature of the community the wrongdoer comes from as stated by (Ferrell et al., 2004). This, therefore, makes the community to be viewed as the actual run of the de bear witnessation due because the factors that led to the offense against which Mr. Heffernan is convicted are subject to the same community. The wrongdoer presents various evidence to the venire that when examine helped, in coming up with a legitimate judgment. The case presented states that the wrongdoer is a victim of the do drugss misuse and trafficking laws which inhibit one from growing plants that are otherwise termed as illegal. It as well as prohibits the supply of the same to the community.Mr. Heffernan was caught with 32kgs of hemp leaves that are more than the monetary heart and soul which is said to be 25 kilograms as stated by (Cerd et al., 2012, p22). He had surpassed a commercial margin which otherwise needs presents the idea of the sale of the same to the community. He was rather much more co-op by taking the police to the spreadhead where he grew the plant. The evidence was based on the idea that the man was found in the hold of a few bags of the leaves, showed where he grew the leaves and accepted to be the only person involved with the same. Evidence presented forward the jury was photographs of these bags of leaves and the plant as well as the $1400 that was in his custody. The wrongdoer argues that he has been hightail iting(a) on a farm for over 33 geezerhood and in his work spiritedness, he has been a victim of many injuries wh ich have presented themselves as a trammel factor to the type and the amount of work that he can be employed in evidenced by the numerous medical geniuss submitted to the coat regarding the same. His wifes letter in like manner backs up the bring down since its content explains how those injuries have regarded negatively on their lives and the lives of their kids. This is seen as one of the strains that the convicted is battling with that could have otherwise presented to be the cause of the crime as stated by (Agnew, 2007, p319).The wrongdoer in addition claims that his family has been haunted by a trail of illnesses beginning with his mother who is suffering from breast cancer and osteoarthritis. His father is also suffering from a heart ailment and osteoarthritis. He has diabetes and has been needing insulin to survive bearing in mind that his wife also has wellness conditions that make Mr. Heffernan the only breadwinner. This trail of illnesses presents themselves as an other form of strain that led to the unusual reputation of the victim. An aggregate of such issues may leave alone in so much pressure that needs a person with an unyielding personality to handle. speckle this is seen as strain, the cultural criminology finds it as social factors which when linked caused the occurrence of the crime. This presents the social and the crime as distinctively of a mate nature.He is also face up with some more pressure of taking plow of their 14 years high condition kid and the younger one in primary education. The family had just married a year ago which rather increases the commitments of the breadwinner. The offenders family has been selling their property which was slightly $80000 and has now depreciated to near $60000. His house is also being mortgaged at $70000, and this would render the family homeless. He argues that it is due to this pressure that he decided to engage in this criminal act. The jury well understands the pressure that the offender is facing pointing out that an offender is a man of agency whose aliveness has not been presented as a threat to any criminal record. The only criminal record that exists seems baseless to make an overall remnant that the man is a criminal. Evidence presented by   Mr. P. Harper, the offenders defendant. The evidence is salutary of commendations for the man. This evidence is based on the people who know Mr. Heffernan stating that the individuals behaviors have been outstanding, something that even the judge recognizes by give tongue to that Mr. Heffernan is a man of excellent character in the argument number 11 0f the case.The case presents itself from a criminal act that has been catalyzed by the excessive pressure faced by the convicted by strain theory which recognizes the existence of such anomalies in individuals life when faced with native pressure. The issue that revolves somewhat the life of the convicted is a monetary issue. Money, in this case, coul d have been the solution to all his problems since if he had enough of it, he could have saved his parents property from being sold. He could also have been able to take veneration of his sick relatives, his sick wife and run for the life of the kids who are still in school. He could also have not gone to the extent of growing and distributing hemp which is the states laws and the drugs misuse and trafficking act of 1985. The judge recognizes all the burdens that the convicted has to bear in his life considering that he is 51 and has to take care of all this pressure. About GST and the reasons that the convicted gives regarding the case he has been charged with, there were a few goals that the convicted was unable to meet. His desire to issue to his family and his parents and the desires to have a well-paying job dragged him to committing this crime. The blossom out circumstances are in line with the arguments of strain theory.Cultural criminology which seeks to understand crim e in the context of grow is of necessity applicable in the case. The crime was subject to subcultures which revolve around what the community around the offender does and the rules that exist governing this occurrence crime. The rules governing drug and substance abuse have given guidelines on the judgment against the convicted depending on the nature and the extent of the move crime. In a nutshell, it is the society that leads to the teaching of the rules that exist against the offenses revolving around drug and substance abuse. The occupation of the offender and the circumstances revolving around his life which led him to commit the crime are part and puzzle of the culture and community. As strain theory argues that the crime that was committed was subjected to the pressure of the life of the convicted, cultural criminology sees it as just another culture of various subcultures that may have led to the crime.Growing of Cannabis and distributing it to the public is considered t o be a crime since there are rules against it as stated by (Reuter, 2010). If the drug had to be distributed to the community, the general impact on the youths would have been dire since this is the most apparent group to the issue. As such, the convicted is seen to have been an mover of community destruction since he was a man of age and a parent. He is seen to have not minded about the lives of the other kids in the community and committed the crime for monetary gain. The strain theory comes about to argue that withstanding the pressure of the life the convicted was facing needed him to have looked for an alternate(a) way of getting money.The convicted argues that he had complications regarding his health and that he was nearing his retirement age. He was forced to grow cannabis after social club seeds from the United Kingdom which he later(prenominal) planted. It is the same marijuana that was harvested and packed before it was confiscated by the police. The theory gives ou t a clear argument that the man had small means of supporting his family using whatever he was gaining. This case is brought out clearly by the fact that the convicted had no antecedent criminal records and that his life was clean therefore it is due to what seemed to be a choose of excessive pressure that led him to commit the crime. On the other hand, cultural criminology makes the yearical mention of cannabis a criminal activity where any activity that is associated with the drug has been criminalized. With the building of a belief that this activity is already a crime, the theory argues that rules that prohibit it are developed ensuring that those who are associated with cannabis are taken into justice without considering any argument or reasons behind the act.With all the associated facts and evidence having been presented, Mr. Harper claims that the case on which the offender has been convicted with is not a drug trafficking case since it was planned as a one-time busines s. The pressure under which the convicted was suffering from forcing him to progress to a cannabis plantation which he prepared to sell only one time and increase the value of the ranch. This was one of the strain factors that made him respond to the pressure by involving himself in the crime. The judge, however, argues that it is irresponsible for a man with a family to release cannabis of a monetary amount to the society which would impact negatively on the lives of the youths as stated by (Lowinson, 2005).The judgment against both crimes was vatic to be ten years for the crime of growing cannabis and 15 years for trafficking.  The judge at the end of it all understands the pressure that the convicted was facing and gives him a convict of two and a half years. The strain theory gives out a sense of reasoning and weighing of matters such that the percentage point of pressure was duly recognized by the jury. The cultural criminology theory, on the other hand, views the crim e generally as breaking the law that originated from the same issue. It argues that the moral standards of the community which harbors the root of the law have declined. The argument here is that the community from which the convicted comes from and the crime that was committed is viewed as one and the same thing.With the weak confirmable evidence in support of the strain theory, the presented arguments were not sufficient to ensure that the convicted was bushel free. Rather it just explains the problems that the law class individuals are facing without taking into friendliness of the larger testify of the community and the snow-covered collar crimes as stated by (Aseltine et al., 2000, p256). Crimes in such levels are the ones that behead the community. The theory deals with individuals rather than the community on which the crime and the criminals thrive. These issues are well explained by the cultural criminology theory which does not only just present its arguments from a item line or level of crimes. It launching pad into every crime be it white collar or any other sort of the offense.ConclusionThe case presented above shows how strain can cause various crimes. The arguments put forward to show that some forms of tension can be so haunting such that the victim ends up being involved illegal activities that end up bringing peace to the life of the victim. The judge, however, takes into consideration the strain that the convicted is facing, and from this, a valid judgment is given. As the strain theory views this crime as a result of pressure, the cultural criminology sees it as the larger picture of the nature of the community from which the convicted comes from. However, the theories try to explain the kind of judgment that is passed as not usual from the rest since consideration depending on the prevailing circumstance is taken line of.ReferenceAgnew, R., 2001. 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