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Law and Criminality

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Question What is the relationship between law and criminality? Response Insecurity affects our welfare in many ways. There is the direct cost of crime on victims and the ricochet e?ect on their friends and relatives. There is also the sense of fear with which people must live even if they have not been victims of crime. Crime is frequently found to be correlated with poverty, unemployment, and inequality- both common features of large cities in developing countries. However there is law, according to the Oxford Dictionary, law means: “the system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties”; this helps to reduce the rate of criminality in a lot of nations.1 This essay will argue from a personal, national and global perspective that using harsh punishment on the criminal is not always the most effective way to reduce crime. Firstly, I personally have not been a victim of any criminal actions, though I have seen a lot of crimes that happens around me every day. Three years ago, I went to a supermarket with my mother, while waiting for my mother to buy some tissue, I have experienced the crime that I will never forget in my life. I was waiting nearby my mom’s motorbike and looking at the crowded people walking in and out of the supermarket’s entrance, and suddenly, I heard a woman screamed out loud: “Robber, robber!!”, I looked at her, and saw that there were 3 men trying to get the wallet out off her palm, the woman was struggling and fell down on the ground, the wallet was stolen and those three people ran away on a motorbike. From that time, I was thinking, is there any possible solutions to stop crime from happening? The answer is no, we can only reduce the crime rate, but we cannot permanently eliminate crime. Personally, every time when I walk home alone, I have a fear of being robbed by someone. Every time I walk by a silence street, or a street where it is well known for robbery, I have to take all of my courage and walk pass that street as fast as I can. I am not worried about myself being robbed, but I am also worried about my family members being robbed or meeting some criminals that runs with fast speed on the road after they committed any crimes which make the transporting on the road being risky. Therefore, my dad told me that I have to learn a martial art, in order to protect myself from the villains. Secondly, from a national perspective of Vietnam, Vietnamese legal thought with regard to the treatment of criminals is the result of three major influences: classic Confucianism, the Napoleonic Code, and Marxism-Leninism.2 The relevant Confucian concept is that society is to be governed not by law but by moral men and the crime is foreseen of an absence of virtue that leads to conflict and disharmony. Most importantly, the Confucian ethic provides no principle of judicial administration. The spirit of the law the French brought to Vietnam that guilt should be determined by fair and impartial means and should be assigned appropriate punishment.3 However, French colonialism implanted a view of the law as something to be manipulated and the courts as institutions to be bribed or subverted.4 The result was a general lack of respect for the judicial process in Vietnam. For instance, in 2010, Le Thi My Ngoc- a judge in Ba Ria Vung Tau has been indicted for taking bribes of more than VND 500 million in total, from all the false judgments that she made.5 Marxism-Leninism added to this attitude the perspective that crime is a reflection of environmental factors that victimize the individual by turning him into a criminal.  The combination of the three legacies has produced in Vietnamese society a legal philosophy that is seeking reform rather than punishment. The system imposes on the individual and the state, the responsibility of bringing all members of society to a

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