Steven Odhiambo- Chicago Sample

CRIME ANLAYSIS IN LAW AND RELIGION

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The legislature defines a crime in the aspect it specifies a punishment when individual

acts in a certain way for particular results. People commit crimes for various reasons that are

complicated at best. Religion is another domain that defines a crime. Religion itself is

conceptualized as a multidimensional concept that encompasses a belief framework such as an

affiliation with a particular religious group which influences an individual’s behavior. In certain

circumstances, when a person breaks the law, they often believe that what they have done is not

morally acceptable. However, sometimes a person may think that they are religious despite

disobeying the law. It is commonly asserted that law and religious values are related, but it is

necessary to explore the connection between the two concepts. While sometimes lawbreaking

indicates immorality in the religious context, others provide a plausible argument for morality

that contradicts legal norms. In many societies, the legislation and litigation accommodate

religious concerns indicating the importance of free choice. However, while the state laws may

support the freedom of worship, the beliefs of each denomination may not reflect the rules. The

paper explores the relationship between law and religion in crime by analyzing the differences in

perception of criminal activities. Moreover, the article examines problems associated with the

difference in conceptualization of crime in religion and offers solutions for the tensions.

Religion profoundly influences the development of laws in different societies across the

globe. In societies with a united sense of religion, the moral values upheld by the denomination

are considered as the ideal behavior. It is common for the religious leaders in a particular social

group to voice their opinions in the development of laws.

The impact of religious values in the

Russell Sandberg, What Is Law and Religion (Cambridge: Cambridge University Press, 2010),

creation of rules indeed indicates that the legal system showcases a certain level of conformity

with religious morality. Similarly, different religious denominations have moral duties to obey

the implicit assumptions that obedience within the state laws reflects abidance with religious

obligations. The state law controls crime in the sense that it prescribes citizens certain behavior.

As such, law conformity with religious views on crime indicates an implied connection between

the two concepts.

The law often demands absolute obedience which is necessary for prosperity of the

mandates. It is essential to acknowledge different religious denominations hold diverse beliefs on

the notion of right and wrong thus implying variation in perception of crime. In liberal societies

such as the USA, individuals believe that choices are important; as such, they may consider

disobedience of the rules as morally justifiable depending on their perception of crime.

In many

cases, the law often requires ultimate obedience since they do not recognize any higher norms

hence creating a dilemma when a specific denomination’s perception of crime conflicts the law.

In the legal sense, since the law overrides individual decisions, the state legislation is the

ultimate solution to the concept of crime. The law is true especially in many secular societies that

lack a united sense of morality and religion. In such communities, the law is similar to secular

religion. While the claim of ultimacy is necessary for legal systems to prosper the recent upsurge

in rationalizing crimes in religious context indicates that the application is doubtful.

A conflict

arises when after all avenues have been explored, moral implications of a specific religion

contradict law definition of a crime.

H. Hart, "Laws and Morals ." In The Concept of Law, by H L Hart (Oxford: Clarendon Press,

2009), 187.

Ibid.188.

There exists indeed a complicated relationship between religion and crime in the society.

While specific domains of religion are likely to increase obedience to the state laws which

reduce crimes, others discourage compliance with specific rules. According to these studies, a

person who illustrates a firm view in a particular religion and is dedicated to the religious

activities such as attending services tends to uphold most of the state laws hence reduces their

level of criminality.

Similarly, many studies have documented the positive proportional correlation between

religion and crime, which indicates a certain level of ambiguity. One of the uncertainties relates

to the category of crime postulate which pinpoints religion is more operational in discouraging

non-victim oriented crimes such as gambling and drug use than victim-based crimes such as

murder and burglary. Research indicates that the variation of religious influence on the type of

offense exists due to the prominence religious establishments placed on preventing non-victim

oriented criminal behavior.

According to this argument, many worldly organizations accentuate

the prevention of victim based crimes; hence, the indication religion undermines non-victim

criminal behavior. Indeed. several other studies report that societies with low religiosity have

lower crime rates, especially regarding violent crimes.

Religion encompasses the concept of association since it involves social interaction. In

the USA, there are apparent values and limits of freedom of association. The lack of free sense of

association limits the aspect of freedom of speech thereby restricting individual influence on the

Anita Fernander, John Wilson , Michele Staton , and Carl Leukefeld. "Exploring the Type-of-

Crime Hypothesis, Religiosity and Spirituality in an Adult Male Prison Population."

International Journal of Offender Therapy and Comparitive Criminology, 2005, 684.

Ibid.686.

political process including legislature definition of crime.

Religious activities are one of the

most critical instrumentalities of freedom of association. While the explicit aim of many

religious groups in the USA is to inspire spirituality, many congregations serve an essential

function in the civic and political frameworks. Many religious groups in the country are openly

supportive of the legislature’s definition of a crime. Christianity is the dominant religious

denomination in the USA. In a Christian perspective, going against God’s commandment

describes sinning. Sinning defines a crime in a theological view and most of the core

commandments in Christianity align with aspects of legal offenses. However, other elements of

Christianity and different denominations are not supportive or could be downright hostile to

criminality. The oppression against the definition of crime by religious groups may, however, be

necessary for formation of legislation that appeals to the society and questions the influence of

the government.

Research analyzing the nature of crime theory concerning religiosity and spirituality

showcased no relations amid persons with crime-related sentences and religion, but there was an

evident connection between people charged with property-oriented, drug-related and violent

crimes and religiosity

. The study used a sample of adult male convicts in prison. People

convicted of drug crimes considered themselves less religious than the average aspect of religion

according to the indices used. However, the convicts indicated that the lack of their religious

beliefs did not in any way influence their actions that led to breaking of the law. Similarly,

S Kierkegaard, Fear and Trembling : A Dialect Lyric (Princeton: Princeton University Press,

2010), 80.

Fernander, Wilson, Staton , and Leukefeld, 690.

individuals involved in violent crimes indicated that while they were less religious, the aspect did

not impact their choices.

However, people charged with property crimes held themselves as

spiritual and more spiritual and insisted that their religious affiliations affected their conduct.

The study concluded religion efficiently deterred non-victim crimes such as the use of illicit

drugs.

A range of issues occurs when religious belief and practice conflict with state laws. The

concept of clashing of religion and secular laws has been familiar for centuries. For instance, in

1878, the Supreme Court prohibited the Mormon tradition that valued adultery with the argument

that it is an abhorrent practice. More than a century later in 1990, the Supreme Court mandated

that congregation from the Native American Church was not legally allowed to use peyote for

worshipping purposes. Similarly, the court ruled against the idea of an Conventional Jew being

permitted to dress in a yarmulke while on civic duty such as the army.

One case in point is where a university was denied tax exemption on the grounds of racial

discrimination. The Bob Jones University contested against the ruling on the jurisdiction of the

Civil Rights Act of 1964 where it insisted their guidelines are founded on a religious framework

hence entitled to constitutional protection.

The defenders of Bob Jones argued on the

importance of freedom of worship even when the outcomes appear to be degrading. However,

critics contended on the social practice notion insisting that the society cannot condone racial

discrimination. Despite the back and forth arguments on the validity, the US Supreme Court

decided that indeed the IRS was justified in refuting tax exemption. The Religious Freedom

Ibid. 682.

Find Law. "Bob Jones University V. United States." Findl Law, 2017.

http://caselaw.findlaw.com/us-supreme-court/461/574.html.

Restoration Act was enacted in 1993 with the aim of limiting government power in religious

freedom.

Under the new act, several religious denominations such as Jehovah’s Witnesses in

California State successfully challenged the state regulation requiring an employment loyalty

oath. However, the law soon fell due to arguments that it protects crimes on the grounds of

religion.

In the past decade, the discussion on what extent the state laws should accommodate

religious difference has been a significant topic of discussion. Debates at social and politic levels

consider the implications of multiculturalism and the religious resurgence at national and

international levels. There exist debates on matters such as wearing religious symbols to the

place of work and at schools and the interaction between religious liberty and free speech. In

recent years, the USA has witnessed several improvements concerning human rights and the

discrimination law that aim to accommodate religious differences. For instance, the Human

Rights Act 1998 assimilated the European Convention on Human Rights (ECHR) into state law

which included the right to freedom of religion.

Regarding different norms in various religious

dominations, the discrimination legislation extended the bill to ban any discrimination on the

grounds of religion. Furthermore, many laws have been enacted in relating religion.

There is an evident connection between religion and law perception of crime. Crime

describes a behavior that warrants specific consequences depending on the country’s legislation.

US Department of Justice. "Religious Freedom Restoration Act of 1993 (P.L 103-141)." The

United States Department of Justice, 2017. https://www.justice.gov/jmd/religious-

freedom-restoration-act-1993-pl-103-141. .

Hart, 194.

In many societies, religion plays a vital role in the formulation of legislatures. Religion reflects

the community’s social norms which are necessary for litigation. Similarly, many of the values

that religious denominations hold dear deter individuals from criminal activities. However, in

recent years many studies have showcased an ambiguous relationship between crime and religion

whereby less religious societies’ record low crime rates. Majority of the research suggests that

religion is useful in deterring non-victim crimes as compared to victim-oriented offenses. The

clashes between religion and law often occur when all legal avenues have been explored, and an

individual still believes that their religious obligations override the law. It is essential for

policymakers to realize the importance of accommodating religion since freedom of association

is necessary for a liberal society.

Bibliography

Fernander, Anita, John F. Wilson , Michele Staton , and Carl Leukefeld. "Exploring the Type-of-

Crime Hypothesis, Religiosity and Spirituality in an Adult Male Prison Population ."

International Journal of Offender Therapy and Comparitive Criminology (2005): 682-

696.

Find Law. "Bob Jones University V. United States ." Findl Law, 2017.

http://caselaw.findlaw.com/us-supreme-court/461/574.html.

Hart, H L. "Laws and Morals ." In The Concept of Law, by H L Hart , 180-207. Oxford:

Clarendon Press, 2009.

Kierkegaard , S. Fear and Trembling: A Dialect Lyric. Princeton: Princeton University

Press,2010.

Sandberg , Russell. What Is Law and Religion. Cambridge: Cambridge University Press, 2010.

US Department of Justice. 2016. "Religious Freedom Restoration Act of 1993 (P.L 103-141)."

The United States Department of Justice, 2017. https://www.justice.gov/jmd/religious-

freedom-restoration-act-1993-pl-103-141.

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