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

The fast-changing society is demanding improvement of the animated sub judice frameworks each and every day. Indisputably, this is considerably ch al mavinenging the decisions made by policy turnrs and more than especially the judiciary sector. The challenge is more intensified by the focal point we define the def fetch upant, victim, and penalty imposed for any aversion pull. The lowlying problem is that thither exist various ethnic norms and natural faithfulness which importantly differ with constitutional requirements. In other words, legal procedures be non sufficient in providing vicious facts that can help us understandably understand the miserable elements menti whizzd preceding(prenominal). Nevertheless, many scholars in the field of criminology such as Robert K. Merton and Keith Hayward now believes we can rely upon the tune and cultural criminology theories. Inarguably, the relationship existing between the two theories goes beyond our expectation, more es pecially when analyzing any criminology miscue. In fact, many people realise been convinced it would be appropriate if policymakers flux some of the facts unrevea lead by these theories when making or amending the criminal laws. The piece offers a detailed explanation of the two methods and more importantly, how they can be applied in the criminal case study of Mr. Heffernan convicted of the umbrage of cultivating hangmans halter rig which is an illegal plant and supply of the same plant products as medicines to the company. The case took place in the district court, New S discoverh Wales and has since sounded the exclaim over 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 evident in the case.Strain possible action argues that when an item-by-item is pressurized by the union or by the factors in his environment, the pressure overwhelms him which for ces him to satisfy his cultural inequalities and material requirements by engaging in crime as tell by (Agnew, 2001, p319) The crime, in this case, is a subject to the tenor voice that oversees a exalted level of pressure that the victim can non bear the burden of. There are numerous forms of extend best explained by GST. The diverse forms of wrinkle do not exclude financial requirements. The fear may force one into committing a crime that he never intended. Merton in his try out possibleness argues that it is only a atomic security deposit of the people who face stress end up committing crimes.The group that is knotty in disgusts that emanate from the strain from external forces is seen as deviant since they view the world as if on that point exists no other solution for their problems. Morten argues that the group is then forced into crime despite the fact that it is against their will. Cultural criminology theory, however, presents a different view of such an instance. It argues that the individual instead enjoys the self-fulfilling feeling that comes to the highest degree with being involved in criminal activity. The theory explains that when the personal gains the social requirements that he or she could eat up otherwise not achieved legally, they are left with a sense of hazard while others feel self-fulfilled and okay when they lead their requirements fulfilled. According to Presdee, (2003) Cultural criminology is distinctively conjectural, procedural and domineering slant that places criminals, cases and the control mechanism in the setting of subtletyLinking the theory to the case of Heffernan to both methods, strain theory argues that the convicted was involved in the crime due to the strain that he was confront. It is evident that he as the criminal was suffering from an extraordinarily high degree of trouble that he could obligate otherwise avoided if he had a well-paying job if the parents were not sick if his wife had no med ical complications and if he was not unwell. On the other hand, cultural criminology argues that the occurrence of the crime was purely projected from the temperament of the community the offender comes from as declared by (Ferrell et al., 2004). This, therefore, makes the community to be viewed as the actual cause of the crime due because the factors that led to the offense against which Mr. Heffernan is convicted are subject to the same community. The offender presents various recount to the control board that when analyzed helped, in coming up with a sound judgment. The case presented states that the offender is a victim of the drugs misuse and trafficking laws which inhibit one from outgrowth plants that are otherwise termed as illegal. It also prohibits the supply of the same to the community.Mr. Heffernan was caught with 32kgs of marihuana leaves that are more than the monetary measuring stick which is said to be 25 kilograms as stated by (Cerd et al., 2012, p22). He had surpassed a commercial margin which otherwise ineluctably presents the idea of the sale of the same to the community. He was rather much more cooperative by victorious the police to the cattle ranch where he grew the plant. The evidence was based on the idea that the man was base in the hold of a few bags of the leaves, lay downed where he grew the leaves and accepted to be the only person involved with the same. Evidence presented before the jury was photographs of these bags of leaves and the plant as well as the $1400 that was in his custody. The offender argues that he has been running(a) on a farm for over 33 stratums and in his work aliveness, he has been a victim of many injuries which have presented themselves as a limiting factor to the type and the amount of work that he can be transmit overd in evidenced by the numerous medical records submitted to the coat regarding the same. His wifes letter also backs up the issue since its content explains how those injurie s have impacted 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 offender also 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 pay back is also suffering from a heart disease and osteoarthritis. He has diabetes and has been needing insulin to hold up bearing in mind that his wife also has health conditions that make Mr. Heffernan the only breadwinner. This trail of illnesses presents themselves as another form of strain that led to the un general character of the victim. An aggregate of such issues may result in so much pressure that needs a person with an sour personality to handle. While this is seen as strain, the cultural criminology finds it as social factors which when relate caused the occurrence of the crime. This presents the social and the crime as distinctively of a double nature.He is also faced with some more pressure of taking make do of their 14 years high school kid and the young 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 airscrew which was somewhat $80000 and has now depreciated to around $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 substance whose flavor has not been presented as a threat to any criminal record. The only criminal record that exists seems baseless to make an overall conclusion that the man is a criminal. Evidence presented by Mr. P. Harper, the offenders defendant. The evid ence is full 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 forecast recognizes by saying that Mr. Heffernan is a man of subtle character in the argument number 11 0f the case.The case presents itself from a criminal act that has been catalyzed by the profuse pressure faced by the convicted by strain theory which recognizes the existence of such anomalies in individuals life when faced with extreme pressure. The issue that revolves around the life of the convicted is a monetary issue. Money, in this case, could 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 care of his sick relatives, his sick wife and cater for the life of the kids who are smooth in school. He could also have not gone to the finis of growing and distributing cannab is 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 cater to his family and his parents and the desires to have a well-paying job dragged him to committing this crime. The unfolding chance are in line with the arguments of strain theory.Cultural criminology which seeks to understand crime in the context of culture is inevitably 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 fortuneicular crime. The rules governing drug and substance abuse have given guidelines on the judgment against the convicted depending on the nature an d the extent of the committed crime. In a nutshell, it is the society that leads to the culture 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 popular is considered to 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 likely group to the issue. As such, the convicted is seen to have been an actor 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 election 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 ordering seeds from the United country which he later planted. It is the same cannabis that was harvested and packed before it was confiscated by the police. The theory gives out 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 previous criminal records and that his life was clean therefore it is due to what seemed to be a sort of excessive pressure that led him to commit the crime. On the other hand, cultural criminology make s the virtuous 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 forbid 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 business. The pressure under which the convicted was suffering from forcing him to establish a cannabis plantation which he inclined(p) to sell only once 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 cannabi s 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 supposed 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 sentence of two and a half years. The strain theory gives out a sense of ratiocination and weighing of matters such that the degree of pressure was duly recognized by the jury. The cultural criminology theory, on the other hand, views the crime generally as gap the law that originated from the same issue. It argues that the moral standards of the community which harbors the roots 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 empirical evidence in support of the strain theory, the presented argument s were not sufficient to ensure that the convicted was set free. Rather it just explains the problems that the law class individuals are facing without taking into consideration of the larger return of the community and the white stoppage crimes as stated by (Aseltine et al., 2000, p256). Crimes in such levels are the ones that decapitate 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 particular line or level of crimes. It digs 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. 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