Criminology and Criminal Justice Theory 2022

CRIMINOLOGY AND CRIMINAL JUSTICE
CRIMINOLOGY AND CRIMINAL JUSTICE
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CRIMINOLOGY AND CRIMINAL JUSTICE1
The critical race theory can be described as a social science theoretical framework in
which critical theory is used for the examination of the relation existing between culture and
society towards categorising race, law and power (Matsuda, 2018). One of the major ideas
that critical race theory debates for is that the power difference of racism is widespread
throughout every social institution which also includes the law. The critical race theory also
suggest that laws like the stand your ground law, are disadvantageous towards the socially
marginalised groups (Delgado & Stefancic, 2017). The socially marginalised groups are
excluded from the society either by blocking them or denying them full access to certain
rights, opportunities and resources. This exclusion often result because of race, skin colour,
religion as believes, ethnicity, education or class of an individual. The stand your ground
(SYG) law is the law that allows individuals the right to self defence against real or threat of
force without any kind of fear of prosecution in the criminal justice system. Although the
stand your ground laws are considered appropriate in many circumstances, also considered to
be affirming the right of self defence of individuals, yet often times this laws are seen as
misused (Light, 2017). After the Trayvon Martin shooting case in the year 2012 the stand
your ground law has been intensely scrutinized. In the SYG Law the castle doctrine is
expanded while the common law duty to retreat in public spaces has been removed. It has
often been criticized that immunity to use deadly force in self defence helps in increase in the
homicide rates while the proper investigation of such killings are muddled. Furthermore,
there has also been debates among the critics that the application of the SYG laws have been
inconsistent, and discriminatory towards the socially marginalised groups especially the
racial minorities and the youths. As per many critics by way of the SYG laws black victims
are biased while the laws are seen as to be in favour of the whites. In furtherance to this the
laws are also observed to be affecting the minority youths in a malicious way as they have a
tendency of becoming victim to an aggressor's attack under the jurisdiction of SYG laws