Issue/Topic Presented
In this module, you examined how concepts of “crime” and “criminality” are constructed. In law, we consider two forms
- “Mala prohibita” = wrong because it is prohibited, i.e., conduct is a “crime” because a statute says so
- “Mala en se” = wrong or evil in itself; i.e., inherently dangerous conduct that society accepts is wrong regardless of whether a legislature or court declared it as such theorists.
Some theorists contend that behaviors become “crimes” through a process of social construction. The same behavior may be considered “criminal” in one society and/or time, but not in another.
Accordingly, the legal status of a behavior—whether it is defined as a crime—lies not in the content of the behavior itself but in the social response to the behavior or to the persons who engage in it. And the social response to crime—including many social-science explanations of criminal behavior—may be based not only on the qualities of the act but also on the social and moral standing of the offender and the victim. Changes in the legal status of behavior often are brought about by social movements and may entail considerable social conflict.
You will examine how this dynamic through the framework of the controversy Assisted Suicide.
Instructions
(1) Review and consider the Supplemental Lesson Page on click here Assisted Suicide
(2) Consider the lessons in observing and analyzing what occurred by watching Frontline’s documentary “Suicide Plan” hereLinks to an external site..
https://www.pbs.org/wgbh/frontline/film/suicide-plan/Links to an external site.
SEASON 30: EPISODE 23 (11/13/12) (90min)
Description: Explores the underground world of assisted suicide and takes viewers inside one of the most polarizing social issues of our time – told not only by the people choosing to die, but also by their “assisters,” individuals and right-to-die organizations that put themselves in legal jeopardy by helping others to die.
(3) In approx. 1,000 – 2,000 words (2-4 pages if single spaced), use specifically cited references and explanations from each of the documentary and supporting materials, specifically connecting it to our course lessons (lecture, supplemental lessons, and/or textbook), to address:
- (3i) Using our course materials (textbook, lectures, and supplemental lessons), show you understood the materials by explaining in your own words, the difference between “criminal” vs. “civil” matters. You must cite the specific source that formed your understanding.
- (3ii) Using our course materials (textbook, lectures, and supplemental lessons), show you understood the materials by explaining in your own words, how the role of law differs depending on the society it serves. Consider and describe how the law and its institutions differ in mechanical solidarity vs. organic solidarity societies. You must cite the specific source that formed your understanding.
- (3iii) Explain whether in your opinion, should assisted suicide be considered a “crime” or a private matter. Your answer must be based on the course materials you cited above, and also, specifically described scenes/scenarios from the documentary that formed your opinion.
(e.g. “I understand from the lesson Y, that civil matters are ….. But, watching the video, I can’t help but feel that society itself is affected by assisted suicide because in the scene ….”)
- (3iv)Based on the role of crime in society, describe what areas you anticipate there will be a problem or difficulty with creating a “crime” based on assisted suicide (e.g., morality, burden of proof, etc.). Your answer must include specific references to the videos and course materials that formed and illustrate your opinion.
(4) Show your understanding of how this course lesson by conducting brief research to find a different example (i.e., not assisted suicide) of an act that is considered “criminal” but you believe should be a private matter (e.g., morality crimes). This is not an extensive research project. Rather, you are asked to simply conduct brief research (blogs, articles, podcasts, documentaries, etc.) that illustrates another real-world example of an act that will be considered criminal vs. a private matter depending on the society where it occurs. You are assessed on how thoughtful and on-point the example is that you find. Prove you did so by:
(4a) Provide a hyperlink or copy of the source you found.
(4b) Briefly describe the example you found and how it illustrates our course lessons. Do not cut and paste. Rather, in your own words, cite the specific course lessons (textbook, lecture, supplemental materials) that led you to believe the real-world example applies, and explain how.