Crime and Punishment: A Literature Review

This literature review explores the concept of crime and punishment, discussing the origin of punishment, human freedom and sanctions, state and the ultimate sovereign, and more. It emphasizes the importance of upholding fundamental rights and punishing wrongdoers to maintain a healthy society. The review includes a bibliography of relevant sources.

Running head: LITERATURE REVIEW
Literature Review
Name of the Student
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Author Note

1LITERATURE REVIEW
Table of Contents
Introduction................................................................................................................ 2
Human freedom and sanctions...................................................................................2
State and the ultimate sovereign (Downes, Rock and McLaughlin 2016)...................3
Origin of Punishment.................................................................................................. 3
Conclusion.................................................................................................................. 4
Bibliography............................................................................................................... 5

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Introduction
The human society is full of crime and deviance and though on one side there
is an aim to balance the good and the bad and on the other side, there is another
aim to reduce the number of crimes in the society. In the opinion of Dostoevsky
(2014) crime is any unlawful act that is against the basic principles and tenets of
the society and it is an unsaid law that the social structure of the society should not
be hampered. The fine fiber of the society should not be hampered and the basis of
the structure is based on the underlying principle that no individual should be
permitted to act in violation of the set rules and principles of the society and it shall
be against the sanctions. Santoro (2018) further opined that to ensure that there is
no crime, it is important to devise laws and sanctions that will permit the
wrongdoers from committing any further crime. The aim in the society is to confer
more power to others and increase the happiness and therefore reduce the pain.
Human freedom and sanctions
The inherent aim of the law is to maximize happiness in the society and also
reduce and diffuse situations that ensure that there is less unhappiness in the
society. Miranda (2018) held freedom is a basic human right and everyone has the
right to be in a state to enjoy maximum freedom and liberty and it is essential for
the state to respect the basic human dignity. If a crime is committed so that the
dignity of a human being is tarnished or his status in the society is deluded, it shall
be incumbent on the state to make sure the wrongdoer is penalized. Further, Clark
(2016) held the crimes committed can be of two types: one by an individual and the
one by a state. The crimes that are committed by an individual against an individual
is dealt with separately whereas a crime which is committed by a state against an

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individual should meet with graver punishment. An individual as well a state can be
made liable for violation of rules and laws. For every deviance, it is essential to
devise laws that will punish the wrongdoer and also cast a fear in the minds of the
wrongdoers. The principle of greater happiness of the greatest number has be the
underlying aim of the law so that no one deprived of basic freedom and happiness
that the society owes to them.
State and the ultimate sovereign (Downes, Rock and McLaughlin 2016)
The state has always enjoyed maximum power and they have been the apex
of authority when it came to making a law and the sanctions that are employed by
the state have been a mirror of the needs of the society. Akers (2017) opined the
human wrongs and vicissitudes have culminated over time to take into account the
punishments that should be in place so that the wrongs can be amended and a
society becomes egalitarian. The relation between the sovereign and the subjects
have been well understood through the roles that the legislation has played and the
binding effect it had on the citizens of the state. Ferrell (2017) further stated that
the state has been the principal and the proceedings of criminal cases where the
state has been a part has been immaculately described and the power play has
bred many misfortunate activities where the barbarity of human race has been tried
to be judged. The state with its unbridled power has not been able to change the
course of ill powers and authoritarian roles that they have played and the most
famous tormentors have also been brought to book.
Origin of Punishment
Laws have been treated as conditioned approaches that the state takes to
address issues of unlawful activities. Peace and security are part of the principles

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that the society tries to promote to keep the stability of the society intact. The state
is considered the sovereign and the state is also the sole administrator who is
responsible for all the actions that are taken within their realm (Jensen and Akers
2017). To ensure that the moral and the ethical arms collide, it is important to make
the proposals for the incorporation of punishments in the framework of the
sovereign framework. To lay the proper groundwork for right thinking in the society,
it is essential to state that punishment should act as the best deterrent. By
opposing the already established norms that tend to punish the wrongdoer, it is
important to take into account that punishment is the best way to stop a person
from committing any grievous crime. The balance that needs to be struck between
punishment and deterrence is important as the rights of the individuals should be
taken into consideration while preventing the wrongs that are committed against a
person.
The right to punish is a very tyrannical concept which should be broken down
and essentially the state who has the apex authority to exercise their right to
restore the faith in the society should advance their goals with the help of the
legislation. Men should not be allowed to jeopardize their liberty and freedom and
the punishment should be in the line of delivering justice. The role played by the
state in delivering justice should be seen together with punishing the wrongdoer
because it is impending for the government to make sure that liberty as well as
justice prevails in the society and the rights of the individuals are restored.
Conclusion
Therefore it can be concluded that humanity comes with the basic premise of
upholding the primary principles of fundamental rights and punishing the people
who are committing wrongs with impunity. To uphold the basics of crime and

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punishment is to speak of justice in the eyes of God so that there is immediate
reward for the ones who reclaim the societal mandates and there is punishment for
the ones who violate the threads of society. The upholding of sovereignty should be
sacred and also promoted as one of the most primary requisites of a healthy
society. The public is at the receiving end of the justice that has to be met by the
authorities who are responsible for preserving the societal framework.

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Bibliography
Akers, R., 2017. Social learning and social structure: A general theory of crime and
deviance. Routledge.
Clark, W.A., 2016. Crime and Punishment in Soviet Officialdom: Combating
Corruption in the Soviet Elite, 1965-90: Combating Corruption in the Soviet Elite,
1965-90. Routledge.
Dostoevsky, F., 2014. Crime and punishment. Penguin UK.
Downes, D., Rock, P.E. and McLaughlin, E., 2016. Understanding deviance: a guide
to the sociology of crime and rule-breaking. Oxford University Press.
Ferrell, J., 2017. Making Trouble: Cultural Constraints of Crime, Deviance, and
Control. Routledge.
Jensen, G.F. and Akers, R.L., 2017. The empirical status of social learning theory of
crime and deviance: The past, present, and future. In Taking stock (pp. 45-84).
Routledge.
Miranda, C., 2018. Crime and punishment. Violence and Victimhood in Hispanic
Crime Fiction: Essays on Contemporary Works.
Santoro, E., 2018. Crime and punishment. In Political concepts. Manchester
University Press.