Criminal Law Theory: Contrasting Defiance Theory

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Contrasting Defiance theory, Criminal Law theory implies individuals do understand what they are doing is wrong and the only factor that diverts them from crime is the fear of punishment further arguing that restorative justice undermines the law (Simester et al., 2014). On the contrary Sherman et al. (2005) made it clear there was no evidence found which supports the undermining of the law by the restorative justice approaches and it would benefit individuals worldwide, especially those who fall victim to personal crimes such as rape. Additionally Bottoms (2003) stated restorative justice would not be effective in contemporary society due to the victim and offender needed a relationship of some sort and in cases of stranger rape this isn’t

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