Application of criminology theories to movies
The Tracker
The film also presents a critical question of which law is closest to a consensual perspective of justice: the fanatic or trackers?
It reveals an Aboriginal perspective, which allows them to define and apply their own version of deviance onto white Australia with the colonial period.
The film contains references to Positivism, Marxist criminology, Labelling theory, Republican Theory, Strain Theory, Classical Theory, New Right Criminology and Critical Criminology.
The predominant theories throughout the film however are Biological Positivism and Marxist Criminology.
The Europeans view Aboriginals as an inferior race, which would accord with Biological Positivism perspective. Biological Positivism posits that crime is not the choice of the offender. Moreover, it is a 'fault' in their biological nature, which causes them to commit crime . Positivists believe that behaviour is determined and shaped by forces, which are outside the control of the individual . Lombroso proposes that Aboriginals are born with atavism , which is defined as a biological throwback characterised by atavistic stigmata . Atavistic stigmata is in turn characterised by re-emergence of primitive traits such as narrow forehead, protruding cheek plus jawbones and also large lips and ears . Lombroso even went so far as to suggest that dark hair and skin, which are aboriginal characteristics, are fundamental elements, which make a person criminal.
The movie from a European perspective conveys the theory that racial inferiority equates to criminality.
However the movie deviates from the positivist approach, which argues that responses to crime should be orientated towards individualised treatment . Indeterminate sentences should be imposed which take into, account the nature of the act committed and the classification of the offender .
Throughout the movie, the fanatic deals out retributive punishment to all Aboriginals, which he encounters. It should be noted that the Fanatics response to crime...
More Law
essays:
Personal Application of Criminology
... will reveal the decision of author based from those facts. Personal Application of CriminologySince as early as the 18th Century, there have been many theories as to the possible causes of juvenile crime. Scientific, biological, environmental ...
A) To what extent are judges in the Court of Appeal and House of Lords free to depart from previous decisions and practice? By Sarah James
... hierarchy of the courts. It will then go on to critically assess the doctrine of judicial precedent, and theories of declaratory and original law. Finally, this essay will analyse ... or inferior. The European court of justice deals with European law ...
Euthanasia. This essay display the position of the opposition to the legality of euthanasia as well as the position of the supporters
... beliefs and meanings of life. This struggle is now obvious in the contemporary discussions of euthanasia. Of the controversial discussions involving euthanasia, the question of legalization is an often argued one. Whether euthanasia ought to be illegal is different from the ...
Common Law - Development of Defence of Provocation. Refers to the case of Mancini
... Question: Critically evaluate the development of common law principles applicable to the ... Supreme Court of Victoria ruled that 'characteristics of a permanent ... nature, which marked the accused from ... the ordinary man in the ...
Who is, and who should be, the principle beneficiary of English copyright law: authors and performers, those involved in the commercial exploitation of copyright works, or the general public?
... public with defences against accusation of copyright infringement. In economic theory, intellectual property is in its nature a "public good" . Without the help of government intervention, copyright ...
Economic Ramifications of Stringent Tort Laws
... in Tort Law 9.Brown, John P., Toward an Economic Theory of Liability, 2 J. Legal stud. 323 (1973). 10.Grady ... of the evolutionary process of the common law. From historical perspective, we look at the tort law reforms and its effects ...
Antidumping Trade law or game law
... Commerce found dumping margins for eleven Japanese manufacturers for the period 198-1990, ranging from 0.16 to 35.4 percent. Zenith's antitrust theory was that the Japanese manufactutrers had engaged in conspiratorial conduct ...
American Indian Religious Freedom Act Of 1978
... As a result of the paternalistic attitudes brought with the European colonizers, the American Indian religions were forced by law into ... it is a right that they have never had to question. For example, if a westerner wants to practice Catholicism, study ...