Prof: Stan Starygin
Students' name: Key Manera & Muy Sophek
(Area of code Criminal)
We are responsible on the area of criminal code, and have read through many articles that are related to criminal on Hammurabi code and code of Magna Carta. So far we found out that Code of Hammurabi was stated very clearly about the crime and punishment than Magna Carta.
Code of Hammurabi was clearly talking about the rules and punishment such as if anyone breaks the rules so that the punishment could be as little as a fine or as big as capital punishment is to dead. Especially for the death penalty was freely awarded for robber, thief that stealing temple and court’s property, for illegal purchase from minor or slave, for selling stolen goods or receiving stolen goods and so on. For example article 8. “ If any one steal cattle or sheep, or an ass, or a pig or a goat, if it belong to a god or to the court, the thief shall pay thirtyfold therefore if they belonged to a freed man of the king he shall pay tenfold; if the thief has nothing with which to pay he shall be put to death “ and article 6 “If any one steal the property of a temple or of the court, he shall be put to death, and also the one who receives the stolen thing from him shall be put to death “ and also article 22 “ If any one is committing a robbery and is caught, then he shall be put to death “.
The idea of those three articles is mainly focusing on taking someone’s property. If you do so you will be punish to dead. So from my point of view I think that, if we talking about human rights today, according to modern international law did say that “Everyone has the right to life, liberty and security of person” and " No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. " so we can see clearly that the punishment on Hammurabi code is very cruel and inhuman.
It's very cruel to punish people to death by just committed a stealing crime it is too much punishment, nobody want to be a thief nor a robber it is just sometimes they are not educated and live in a bad society or it can be because of the hunger so if they don’t steal things to sell to get some money and buy food they would die or other many circumstances. So we better put punishment base on the act of stealing. For example like if we found out that thief is a educated person and with good physical ability instead of working he go to steal thing from people so this kind of act should put him in jail for a period of time and but if those thief who we found out that are very poor and in the case of if they don’t steal they can be die in this case he should be just punish in jail just for several years instead of killing.
In contract, in Magna Carta was not stated clearly about the punishment for those who committed crime of stealing for example like in article 30 “No sheriff, royal official, or other person shall take horses or carts fro transport from any free man, without his consent “ so this article just mean that it doesn’t matter who you are, you cannot take anyone’s property without their consent . It doesn’t state clearly that what punishment will be if those sheriff or royal official take horse or carts for transportation without the consent of free man.
We can see in Magna Carta we cannot know that what the thief will deserve if they commit stealing crime or other crime because it didn’t not stated clearly about the punishment for those who commit stealing crime and other as well.
In conclusion, Hammurabi code is a very cruel code that that abuse the human rights, that every country should not follow, whereas Magna Carta is a code the serve only a group of people and did not state clearly about the punishmen
Wednesday, July 11, 2007
Prof: Stan Starygin