Response to DQ 1
Respond and offer alternative explanations for the commonalities and differences. Or, offer an alternative perspective on how international perspectives have helped shape your criminal justice system.
The Crime I selected is Adultery. Applying the Mosaic Laws as found in Leviticus 20:10, the crime of adultery was punishable by death. The governmental response was equally applied to men and women as this crime was regarded as a crime against God. However, in the United States, the crime of adultery varies from state to state but one thing is certain it is not a crime that rises to the level of a capital crime. Depending on which jurisdiction, Adultery is a civil crime plead during a divorce preceding as a ground for the setting aside of a marital contract. Although adultery is no longer looked upon as a crime or capital crime, in the military system under the Uniform Code of Military Justice (UCMJ), adultery is punishable by one (1) year confinement and the forfeiture of one’s retirement. While seldom used solely as a punishable crime, adultery by service member is regarded as a crime against moral turpitude. Interestingly, the crime of adultery outside of Military Justice is not viewed as a crime against moral turpitude.
While conflicted, I believe that either response, that of death, and a ground for divorce in a divorce proceeding are on both extremes of the spectrum. While one should not lose their life over an error in judgement there needs to be remedy at law to which the tortfeasor pays for his or her moral crime. Given that the American view on adultery is more liberal than other countries I don’t believe that international response have shaped American jurisprudence, however, I believe the opposite effect has occurred in that the Americanization of the World has moved other countries to adopt a more liberal view on the topic of adultery.