The elements of a crime

Part I:

The elements of a crime: In the Judeo-Christian tradition, The Book of Genesis, [1-16] tells us of The Creation, The Fall of Man, and The Genealogy of Adam and Eve, beginning with the birth of Cain and Abel, as well as the series of incidents leading up to and after, what is arguably, “the first murder.”

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Sibling rivalry appears to be one of the primary issues of concern, along with the criminal act of murder, and suffering of the victim. Cain’s denial of the act is countered by the forensic facts, and the heinous nature of the act itself (murder/ homicide) is adjudicated by GOD. In this light, the outcome should be clear. The Book of Genesis is part of the Old Testament tradition of the Judeo-Christian doctrine, therefore it is expected that the Wrath of God’s, fire and brimstone, would be forthcoming

Rather than the expected death sentence, which constitutes an act of retribution, and was fairly common for the period, Cain was marked and exiled under a sentence of banishment. A closer reading of the text, along with additional research conducted by modern biblical scholars, we learned that Cain did indeed wander the earth for a time, but eventually found safety and fortitude with a foreign tribe, married, became wealthy, and bore many children whom he taught to hate God.

At issue here is the question of murder, and the method used to create concrete definitions of crime, and fair and just punishments under the law.

What were the elements of the crime which may have effected God’s decision to punish Cain by banishment?

Is banishment a justifiable and severe punishment?

To what extent, if any, did the Genesis story impact modern definitions of crime and punishment today? [TRANSITION TO PART II]

Part II:

Beginning with the 1940s through the 1970s, write a detailed presentation and analysis of the theories, methods, and substantive issues constituting the modern field of victimology.

The presentation should proceed in the following order;

Hans Von Hentig
Benjamin Mendelsohn
Stephen Schaefer
Marvin Wolfgang
Menachem Amir

Explain how this body of research may be impacted historically by the abstract definitions of crime and punishment originating in the Genesis story.

Did a shift from the standard typological methods of research to the modern quantitative methodology produce clearer structural frameworks of study?

Was the “blame the victim” strategy advanced into a more valid and reliable research model?

What are the strengths and weakness of this body of research?

Has the research given rise to valid and reliable laws, legislative policies and practices aimed at developing more concrete definitions of crime and punishment?

Or are we still struggling to break the abstract practices of the past?

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