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The Social Process Theory and the Social Conflict Theory
By: Your Name
There are two theories of criminal behavior: the Social Process Theory and the Social Conflict Theory. Generally, the Social Process Theory maintains that criminal behavior is a function of a socialization process. This theory suggests that offenders turn to crime as a result of peer group pressure, family problems, poverty, legal problems and other situations that gradually steer them to criminal behaviors. This theory says that anyone can become a criminal. The main support of this theory stems from the effect of the family on youths who engage in delinquent or violent behaviors. Researchers think there is a linkage between childhood experiences of violence and behavioral problems. In these experiences, children who grow up to be criminals have been raised with crime and criminal conduct all around them. There is violence in their homes, their neighborhoods and their schools. Usually drugs are common place in their upbringing. These young criminals-in-the-making were first victims and eyewitnesses to the crimes of those around them. Studies have shown that children who witness family violence are more likely to display behavioral problems than those who do not, and often times grow up to be violent offenders as well.
The Social Conflict Theory, on the other hand, is based on the view that the fundamental cause of crime stems from the conflict between people with more money - higher social status and those people who have less money and a lower social status. In this theory lies the "ostensibly" paranoid view that the criminal justice system and laws are operating only on behalf of and for the benefit of the rich for the purpose of keeping the poor separate, controlled, and in poverty. Hence, according to this theory, the criminal justice system is nothing more than a ruse set up to keep the degenerates separate from the civilized privileged elites. This view seems much less "paranoid" once fleshed out:
Take the example of the varying treatments of two criminals based upon social status. On one hand there is the petty thief who has a long rap sheet of petty crimes...a hundred dollars stolen here, fifty there...in and out of jail. By his tenth bust, he gets the book thrown at him and gets 8 years in the slammer. On the other hand there is Bernie Madolf. He was a well-respected billionaire with billions of dollars entrusted to him by others. He finally gets caught and exposed for the low-life he is and is also indicted. How are these two criminals' living conditions after their convictions...or even during the process leading up to their convictions? The answer to that question is the answer to how the the conflict theory explains criminal behavior.
Who is the true criminal? The poor, dumb petty thief or the Billionaire who stole billions? Who does society portray as the bad guy? Who would you run from in a dark alley?
Despite the drama and Marxists-based influences of the Social Conflict Theory, everyday facts tend to suggest that the Social Process Theory best explains criminal behavior. Statistics lends support. The facts are if an individual is born into a home filled with drugs, violence, fear, hunger then that individual's mind can only for based on what it experiences. That young mind has not been taught and has not experienced any other way of living. Statistically, these children grow up to be criminals. Children who witness violence tend to be violent...and so on and so on.
1. Bandura, A. (1977). Social Learning Theory. General Learning Press
2. Hester, S., Eglin, P. 1992, A Sociology of Crime, London, Routledge.
3. Marx, Karl. 1971. Preface to A Contribution to the Critique of Political Economy, Tr. S. W. Ryanzanskaya, edited by M. Dobb. London: Lawrence & Whishart. Skocpol, Theda. 1980. States and Social Revolutions: A Comparative Analysis of France, Russia, and China. New York: Cambridge University Press. Wallerstein, Immanuel M. 1974.
4. Miller, P. (2010). Theories of Developmental Psychology. Worth. Publishers
Thank U Very Kindly For Ur Help
I appreciate your help with my last paper and I was wondering if u can help me with this paper.
In 2-3 double-spaced pages, using APA style formatting, please explain the different forms of presidential primaries that can occur and the effects of "front-loading." What problems result from "front-loading" the primaries? How might the primary system be altered to resolve these problems
Can you help me with thesequestions
1. The people that a legislator spends considerable time and effort serving are A) delegates.B) trustees.C) constituents.D) representativesE) members.2. Bureaucracy is the name given to A) a large organization, structured hierarchically, that carries out specific functions.B) any organization that has major problems when attempting to accomplish its goals.C) a group of people who work to enforce policies in a way that prevents quick results.D) any large branch of a government that has power to interpret laws.E) government organizations, but not corporate or university ones.3. Oversight is the process by which Congress A) makes sure laws it has enacted are being enforced in the way it intended.B) reviews the actions of subcommittees.C) chooses its leadership.D) supervises the activity of the judicial branch.E) passes legislation.4. A justice who agrees with the result reached by the majority of the Court but wants to voice disapproval of the grounds on which the decision was made would write A) a majority opinion.B) a dissenting opinion.C) a consenting opinion.D) an amicus curiae brief.E) a concurring opinion.5. Going public" means that the president A) goes to the public over the heads of the members of Congress.B) goes to the Washington community over the heads of the members of Congress.C) refrains from invoking executive privilege.D) puts pressure on members of Congress by threatening to release details about their private lives.E) publicizes information that was formerly classified.6. The president, in his capacity as head of state, is responsible for A) determining with which countries the United States will have diplomatic relations.B) engaging in activities that are largely symbolic or ceremonial in nature.C) conducting the foreign policy of the country.D) leading the legislative process by submitting legislation.E) administering the laws.7. The replacement of the spoils system with a civil service system was the long-term effect of A) the Civil War.B) the killing of Alexander Hamilton by Aaron Burr in a duel.C) the assassination of President James A. Garfield.D) the assassination of President Abraham Lincoln.E) the election of Franklin D. Roosevelt.8. The necessary and proper clause A) has increased the powers of the state governments at the expense of Congress' powers.B) was eliminated as a consequence of the Twenty-Seventh AmendmentC) has expanded the role of the national government relative to the states.D) has served to limit the expansion of national authority.E) is located in the Constitution in the text of the Tenth Amendment.9. A pocket veto A) can be used by a president only once during his term in office, although he can use it twice if he serves two termsB) means that the legislation cannot be reintroduced in the next Congress.C) was declared unconstitutional by the Supreme Court in 1936.D) is a veto in which the president does not send a veto message back to Congress.E) can only be used when Congress adjourns for the session within ten days of the bill being submitted to the President.10. The power of the courts to determine whether a law or action by the other branches of government is constitutional is called A) judicial review.B) appellate review of fact.C) precedent.D) the writ of judicial appeal.E) habeas corpus.11. An executive order A) is a rule issued by the president that has the effect of law.B) is not valid unless both chambers of Congress approve it.C) must be approved by a majority of the cabinet.D) can only be issued when Congress is not in session.E) cannot be overturned by Congress.12. The following two presidents are the only ones in American history to have almost been impeached: A) ***** ***** and Bill Clinton.B) Richard Nixon and Franklin Roosevelt.C) Andrew Jackson and William McKinley.D) Thomas Jefferson and Martin Van Buren.E) Andrew Jackson and Jimmy Carter.13. A filibuster is A) an attempt to prevent the passage of a bill through the use of unlimited debate.B) an attempt to persuade others to vote for a particular bill in return for a favor at a later date.C) used in the House to force a standing committee to release a bill.D) a method used by the Speaker of the House to promote the majority party's legislation.E) a technique that is unique to the House.14. A court rule bearing on subsequent legal decisions in similar cases is A) a precedent.B) criminal law.C) a judicial maxim.D) common law.E) statutory law.15. The United States has a dual court system. There are A) civil courts and criminal courts.B) misdemeanor and felony courts.C) state courts and local courts.D) state courts and federal courts.E) district courts and territorial courts.16. The granting of release from the punishment for a crime is A) a reprieve.B) a congressional sanction.C) a pardon.D) executive privilege.E) impeachment.17. A brief filed by a third party who is not directly involved in the litigation but who has an interest in the outcome of a case is called A) a class-action brief.B) an amicus curiae brief.C) a writ of certiorari.D) a civil brief.E) a procedural motion.18. The authority of a court to hear and decide a particular class of cases is known as A) common law.B) judicial review.C) jurisdiction.D) precedent.E) strict construction.19. The Environmental Protection Agency is an example of a A) cabinet department.B) government corporation.C) independent regulatory agency.D) independent executive agency.E) corporation subject to regulation.20. The organization created in 1883 to administer the personnel service of the national government on the principle of employment on the basis of open, competitive examinations was known as the A) Unemployment Office.B) Civil Aeronautics Commission.C) Equal Employment Opportunity Commission.D) Federal Trade Commission.E) Civil Service Commission.21. The Hatch Act A) The Hatch ActB) allows the president broad control over the federal bureaucracy.C) prohibits federal employees from active involvement in political campaigns.D) established the principle of employment on the basis of open competitive examinations.E) established a merit system during the Civil War.22. The federal court derives its power from A) Article III of the Constitution.B) Congressional legislation.C) Article IV of the Constitution.D) the 5th Amendment.E) executive order.23. The most important committees in Congress are ________ committees, permanent bodies that possess an expertise resulting from their jurisdiction over certain policy areas. A) selectB) jointC) conferenceD) legislativeE) standing24. As chief diplomat, the president A) is responsible for selecting judges to federal courts.B) is responsible for all actions within the executive branch.C) selects leaders of his or her party in Congress.D) recognizes foreign governments, negotiates treaties, and makes executive agreements.E) ratifies treaties.25. The first cabinet department to be created was A) Treasury, and the most recently created was Education.B) State, and the most recently created was Homeland Security.C) War, and the most recently created was Energy.D) Treasury, and the most recently created was Health and Human Services.E) State, and the most recently created was Veterans Affairs.26. Executive privilege A) involves the ability of the president and executive branch officials to withhold certain information from Congress and the courts.B) means that members of the executive branch cannot be prosecuted for official acts.C) is the concept that has been applied to the president's use of the pocket veto.D) allows the president discretion in making political appointments.E) was ruled unconstitutional by the Supreme Court in 1974.27. In mid-term congressional elections, those held between presidential contests A) voter turnout increases sharply.B) the president's political party will usually gain seats in Congress.C) voter turnout falls sharply.D) the president's political party will be unaffected unless the president campaigns for congressional candidates.E) incumbents are more likely to lose.28. The Constitution states that the minimum-age requirement for the presidency is _______-years. A) twenty-fiveB) thirtyC) thirty-fiveD) fortyE) forty-five29. Most petitions for writs of certiorari to the Supreme Court are A) granted.B) made by Congress.C) ordered by state district courts.D) denied.E) moot.30. Generally, leaders in the House of Representatives A) have more control over the agenda of the body than leaders in the Senate.B) must work closely with the other party's leaders to achieve success.C) are considered weak compared to party leaders.D) hold more power than leaders in true party government legislatures.E) need to overcome the unusual power of individual members.31. Strict construction means A) that the Supreme Court should hear the fewest possible cases on appeal.B) to stand on precedent.C) attempting to follow the "letter of the law."D) attempting to understand the law by looking to its context and purpose.E) the doctrine that citizens cannot sue their own state governments unless the states permit them to do so.32. The concept of logrolling refers to A) action taken by a senator that attempts to prevent a bill from passing in the Senate.B) a method that is used to keep one bill on the floor for an extended period of time, thus blocking all legislation.C) an arrangement by which two or more members of Congress agree in advance to support each other's bills.D) a method that the president uses when he wants to prevent the passage of legislation.E) a legislative strategy originally developed by representatives from the Pacific Northwest, in which one party ends up winning while the other ends up "in the water."33. A representative who is performing the role of a trustee is A) only representing the needs of his or her constituents.B) supporting the president on all of his legislative programs.C) acting on conscience or representing the broad interests of the entire society.D) supporting his or her political party.E) representing other members of Congress.34. Gerrymandering is A) legislation passed in southern states to limit African American participation in elections.B) an attempt to prevent the passage of a bill through the use of unlimited debate.C) a process that attempts to limit debate on a bill in the Senate.D) the drawing of legislative district boundaries for the purpose of gaining partisan advantage.E) unconstitutional following an 1812 ruling by the Supreme Court.35. The enumerated powers of Congress are powers A) expressly given to that body in the Constitution.B) that Congress has created by passing legislation.C) that have been created by decisions of the Supreme Court.D) that are imprecise and are usually disputed by strong presidents.E) that follow implicitly from the United States existing as one nation among many.36. Rewarding faithful party workers with government employment is called A) going public.B) porkC) patronageD) executive privilege.E) civil service.37. The State of the Union message is A) delivered by the president to the General Assembly of the United Nations at least once every four years.B) a policy statement of Congress over which the president seldom has influence.C) required by the Constitution and gives a broad view of what the president wishes the legislature to accomplish during the session.D) an effective tool used by the president to limit other countries' foreign policy endeavors in this hemisphere.E) limited to reviewing the events of the last year.38. If all government employees are included, more than _____ of all civilian employment is accounted for by government. A) 2 percentB) 4 percentC) 8 percentD) 15 percentE) 22 percent39. A dissenting opinion can be important because A) it represents the position of the Chief Justice of the Supreme Court.B) it is the statement of the defendant's attorney to the Court.C) in criminal law it must be carried out by local police.D) it often forms the basis of the arguments used later to reverse a previous decision and set a new precedent.E) it means that the case cannot be used as a precedent.40. The spoils system is A) the major problem of the federal bureaucracy today.B) the most efficient way of structuring large organizations.C) a new theory for employee selection and retention.D) the awarding of government jobs to political supporters and friends.E) a means of ensuring the best and the brightest will hold positions in government.41. Usually appellate courts look at questions of A) fact.B) lawC) jurisdictionD) broad implications.E) equity42. A major power that Congress has over the federal bureaucracy is the A) authority to select high-level bureaucrats.B) authority to authorize or appropriate funds for particular agencies.C) authority to fire bureaucrats for not executing policy passed by Congress.D) power to find agency actions unconstitutional.E) power to appoint agency heads.43. The job of a conference committee is to A) originate appropriations bills.B) write a compromise bill that reconciles the versions of the bill from both chambers .C) set the rules of debate for a bill.D) determine the committee path of a bill.E) override a presidential veto.44. "Money bills" A) must originate in the Senate.B) must originate in the House.C) must originate in conference committee.D) must originate with the president.E) may originate from any of the above sources.45. The principal and most obvious function of any legislature is A) carrying out the lawB) lawmaking.C) checking the power of the judicial branch.D) oversight.E) advice and consent.46. Before a treaty can become legally binding, the treaty must be A) signed by the justices of the World Court.B) approved by three-fourths of the state governments.C) ratified by the Supreme Court.D) approved by a two-thirds vote in the Senate.E) approved by a majority vote in both chambers of Congress.47. As chief executive, the president is constitutionally bound to A) enforce acts of Congress, judgments of federal courts, and treaties signed by the U.S.B) submit a balanced budget to Congress.C) inform Congress prior to any military action.D) oversee actions of state governments.E) honor pronouncements of the United Nations.48. The iron triangle is A) the three branches of government.B) The CIA, the FBI, and the ATF.C) the Department of Defense, the Department of State, and the Department of Justice.D) an alliance of related interest groups, Congressional committees, and bureaucracy..E) a term for the constitutional barriers to regulation.49. The reasoning upon which a court ruling was based is A) an amicus brief.B) the judicial implementation.C) the opinion.D) Rule Four.E) a writ of certiorari.50. The requirement that the President of the United States report to Congress within forty-eight hours of sending troops into hostilities and then obtain the approval of Congress within sixty days is established by A) the Supreme Court's decision in United States v. Curtiss-Wright Export Corp.B) the National Security Act.C) the War Powers Resolution.D) the Nixon Protocol.E) Article II of the Constitution.
Multiple Choice Answers:
1. C 45. B
2. A 46. D
3. A 47. A
4. E 48. D
5. E 49. C
6. E 50. C
Can u help me with this
In a 1-2 page, well constructed essay, please respond to the following: Should all states require those arrested and convicted of manufacturing methamphetamine to register with a national database, similar to how sex-offenders register? Why or why not?
Please be very sensitive to the issues involved in plagiarism! All of the written work submitted must clearly be your own. Keep in mind that transcription of material (copying), followed by parenthetical identification of the source with little or no original thought added does not constitute an adequate essay. You are expected to provide some evidence that at least a significant portion of the each essay is your own reaction to, thought about or evaluation of the subject of the essay, composed in your own words. Agreement, disagreement, examples, etc. are appropriate - as long as evidence of some thoughtful and pertinent independent thought, reaction, or response to the term or question is included.
Double space your work, and submit your assignment as a Microsoft Word Document attachment.
OK here you go. Just click here to retrieve. If you have trouble I will cut and paste directly into the answer box. But if I do that you will lose page numbering and double-spacing. Please review and let me know if you want any changes...Thanks and good luck. Below I will paste it just in case:
National Registry for Methamphetamine Manufacturers
National Registry for Methamphetamine Manufacturers?
America is known world wide as the land of second chances. We are the most encouraging and forgiving nation in the world. The juvenile justice system, for example is built upon the concept of forgiveness and second chances in that it seals the records of juveniles who have been in trouble with the law so that they can start their adulthood with a clean slate. Further, there are countless group homes , and even prisons, with counseling and rehabilitation programs to assimilate and facilitate former offenders into productive and positive life-styles after incarceration. Adult offenders, none-the-less, do maintain a public record of their past criminal troubles. Hence, they have to prove, and rightfully so, that they are changed individuals for those who would employ or befriend them post their criminal past. However, the only registry at this time is exclusively for sexual offenders. This is because the law finds crimes of a sexual nature to be associated with the worst of society's offenders. This paper sets out to show that drug and manufacturing crimes are not within the same category as sex crimes and, hence, offenders should not have to register in a national data base.
As stated in the introduction, Americans are forgiving. Many drug manufacturers are bread and raised knowing nothing else but the world of drugs. Not only are their families usually involved in this "business," but many end up involved in the process because they, themselves, have become hopelessly addicted to drugs. If a druggie's past is investigated, many of the decisions and actions associated with the offender is predictable and even understandable to a certain extent. This is not to say that criminal behavior can be excused based upon one's past. However, it does suggest that the culpability of drug manufacturers may be different than sex offenders. Perhaps this is not so true for the world-wide professional drug cartel out there, but it is true for the low-rent, small-time methamphetamine maker.
Why sex-offenders are treated differently.
Sex-offenders are in a separate category of crimes because the crime often involves children, and the motive involved is seen as a compulsion rather than a bad choice. The children involved are either child victims of sex abuse, themselves, or children resulting from conception via the forced and violent rape of adult women. In most penal code sections throughout the fifty states, it is concluded that families have the right to know if a sexual offender lives in their neighborhood. Hence, there is the registry.
In conclusion, the sexual predator is of a different ilk than other offenders in that often times it is innocent, vulnerable children who have not the ability to identify and avoid these predators, unlike adults may have, and the criminal behavior is more impulsive and even compulsive than a choice-oriented crimes involving drugs. The statistics on recidivism for the sexual predator is alarming. The only situation that methamphetamine manufacturers (at least small-time manufacturers) should be subjected to a registry is if they have violated the law in this area enough times as to consider their behavior characteristic of those criminals. Otherwise, because most Americans believe in second chances, coupled with intense rehabilitation offered to drug offenders, methamphetamine manufacturers who are small-time should not, at this time, be subjected to a registry that would preclude them from any source of work other than criminal work.
1. Kenneth V. Lanning, National Center for Missing & Exploited Children, Child Molesters: A Behavior Analysis, 2001, www.missingkids.com/missingkids/servlet/ResourceServlet?LanguageCountry=en_US&Pageid=469
Multiple choice answers for 11-29-2011
A(n) _____ is a group of political activists who organize to win elections, operate the government, and determine public policy.
A) interest groupB) extra minorityC) political partyD) pluralismE) social movement
An interest group is
A) any association of individuals.B) a group of people who want to gain control of the government.C) an organization that actively attempts to influence government policy.D) any organization that requires members to pay dues.E) an organization set up to support a specific candidate for public office.
Polls that track party identification show increasing numbers of voters identify as
A) DemocratsB) RepublicansC) GreensD) UnaffiliatedE) Independents
More interest groups are formed to represent _____ interests than any other type of interest.
A) culturalB) religiousC) public healthD) economicE) environmental
In general, profits are made by the news media through
A) charging fees to tailor stories to certain perspectives.B) charging fees for print newspapers, web-site access, and cable television access.C) charging fees for advertising.D) charging fees for publishing letters to the editor.E) selling collections of news stories in book form.
Which of the following is not a reason why the two-party system has endured in the United States?
A) the historical foundations of the systemB) political socializationC) legislation requiring a two-party systemD) a winner-take-all electoral systemE) state and federal laws favoring the two-party system
Many people believe that the media's influence on public opinion
A) has remained constant.B) is decreasing.C) has grown to equal the influence of the family.D) is negligible.E) is not, nor has it ever been, a significant factor.
The most important principle in sampling is
A) the sample size.B) to focus on a particular segment of the population.C) the firm that is conducting the sample.D) the number of people who have taken part in polls before this poll.E) the random selection of respondents.
In 1854 the Republican Party was formed by
A) the last members of the Federalist Party.B) the pro-slavery southern Whig Party.C) the pro-slavery Confederate States Party.D) the anti-slavery Jacksonian Party.E) anti-slavery Democrats, northern Whigs, and the Free Soil party.
The National Abortion Rights Action League (NARAL) and the National Rifle Association (NRA) are examples of
A) economic interest groups.B) public interest groups.C) foreign interest groups.D) fringe interest groups.E) single interest groups.
Political socialization is the process whereby
A) party affiliations are strengthened through monetary donations.B) political advertisements affect a person’s political beliefsC) members of the populace become more liberal as they age.D) a person acquires political beliefs and values through relationships with family, friends, and co-workers.E) political parties try to acquire new members through rallies and other large-scale meetings.
The first partisan division in American politics, which occurred before the adoption of the Constitution, was between
A) Federalists and Anti-Federalists.B) Revolutionaries and Redcoats.C) Whigs and RepublicansD) Whigs and DemocratsE) Progressives and Democrats
The difference between the percentage of women who vote for a particular candidate and the percentage of men who vote for the candidate is called
A) the gender gap.B) the generational effect.C) gendered opinion.D) division opinion.E) the lifestyle effect.
The meeting held every four years by each major party to select presidential and vice-presidential candidates, write a platform, choose a national committee, and conduct party business is the
A) party brass.B) national convention.C) party organization.D) party platform.E) party machine.
Many professional lobbyists are
A) former members of Congress and former government officials.B) former movie stars or professional athletes.C) college interns.D) uninformed on the issues they represent.E) called to present an objective picture that takes in many perspectives to legislators.
Patronage is the practice of
A) having one leader direct a party’s ideology.B) giving out small favors to all constituents, in the hopes of winning votes.C) putting on cultural productions, like concerts, in the hopes of winning votes.D) threatening community members with punishment if they don’t vote for a certain party.E) rewarding the party faithful with government jobs or contracts.
Since the early 1990s the American people have consistently shown more confidence in _______ than any other institution.
A) the militaryB) the Supreme CourtC) the public schoolsD) the mediaE) Congress
One party having control of the Presidency, The U.S. House, and the Senate is the exception rather than the rule because Americans often seem to prefer
A) patronageB) divided government.C) two-party government.D) pluralityE) unit rule.
By far the greatest number of radio and television hours are dedicated to
A) reporting the news.B) identifying public problems.C) providing a political forum.D) socializing new generations.E) entertaining the public.
Agenda setting is
A) determining which public-policy questions will be debated or considered.B) when a large proportion of the public appears to express the same view on an issue.C) the process by which people acquire political beliefs and attitudes.D) the ability of the elite to influence the opinions of others because of position or expertise.E) the aggregate of individual attitudes shared by some portion of the adult population.
The following is an example of _________ opinion: To reduce the threat of terrorism, would you be willing or not willing to allow government agencies to monitor the telephone calls and e-mail of ordinary Americans on a regular basis? (Willing: 41%; Not willing: 52%. Don't know/No answer: 7%.)
A) consensusB) dividedC) dubiousD) favorableE) unified
At the heart of the debate between using a secret ballot or a card-check system to determine if a workplace will become unionized is
A) the expense of administering either method.B) the literacy of the workers involved.C) the difficulty of counting votes in either method.D) the fear that intimidation will be used to influence workers.E) the success or failure of either method when tried in other countries.
The generational effect refers to the
A) way in which political socialization produces opinions.B) increased tension between the two major political parties.C) tendency for persons to become more conservative as they grow older.D) long-lasting impact of significant events on the generation that came of age at that time.E) way in which the family influences opinions.
A _____ is a several second comment crafted for its immediate impact on the viewer.
A) public service announcementB) sound biteC) highlight reelD) story lineE) news ticker
In opinion polling, the difference between what the sample results show and what the true result would be if everybody had been interviewed is termed
A) opinion bias.B) inaccurate sampling.C) the Truman Divergence.D) sampling error.E) a tracking poll.
Can you help me with is assignment. It's due tomorrow at midnight.
Please respond to the following in 3-4 paragraphs. Also, respond thoughtfully to 2 of your fellow students' responses. Why is money so important in elections? How do candidates reach potential voters? Do you feel that the idea of eliminating money from politics is a good idea or a bad idea? Is it legitimate to consider financial campaign contributions to be a form of constitutionally protected speech?
OK Click Here to retrieve. I did not have time to edit for typos so please do so. Let me know if you need any changes. I put it in APA format on the site to download and also pasted it below. However, as I have told you before, when I paste it directly in the answer box it loses its APA formatting like double-spacing, page-numbers, etc.
Political Candidates and Money
In the ever-changing rules of political campaigns, finding fair procedures for electing potential candidates has always been a challenge both for state and federal candidates. Despite what modern media points out money has always played a pivotal role, unfortunately, in elections. This paper sets out to discuss the role of money in elections, how candidates reach potential voters, what effect eliminating the money factor would have upon the candidates and the constitutionality of campaign contributions as protected speech via the 1st Amendment to the United States Constitution.
The importance of money in elections.
Candidates have to convey their message to voters via what ever mode possible. Advertising candidates' messages has always been costly. Traditionally, radio, newspapers and word of mouth were the leading modes for candidates to convey their messages to the voting public. Modernly, technology has presented potential political candidates with an almost un-ending and growing outlets within which to advertise their messages. The reason that conveying candidates' messages costs money is because the United States is a free society where the government is run for the people, by the people and is made up of the people...hence, tax-payers do not flip the bill for candidates. In this country, air-time costs money; space on newspapers and billboards costs money; computer sites costs money.
In the 2008 elections for president of the United States, Barak Obama spent more money on advertising than any other presidential candidate in history. Obama had a staggering two to one monetary advantage over John McCain... and it paid off. Additionally, in the same year, in 93 percent of House of Representatives races and 94 percent of Senate races that had been decided by mid-day Nov. 5, the candidate who spent the most money ended up winning. Modernly, he/she who has the most money to advertise wins.
Methods of how candidates reach potential voters.
As pointed out in the aforementioned, traditionally, radio, newspapers and word of mouth were the leading modes for candidates to convey their messages to the voting public. Modernly, technology has provided candidates with a plethora of outlets through which to advertise their messages, including but not limited to radio, television, internet, word of mouth, billboards, iphones, ipad ads... as the media has evolved, so has the way in which political candidates reach potential voters.
Unfortunately, market research has revealed that negative advertising works. Most people complain about how the campaigns for political candidates are so very negative...but that is because it works. However, this is a modern trend. Political debate used to be marked with respect and a high sense of integrity towards a candidates' contenders. Modernly, America has favored a more barbaric approach where candidates verbally demolish their opponents, and the candidate who survives wins.
The effect of eliminating money from politics.
The effect of eliminating money from politics would actually force candidates to explain their theories for government efficiently, and require candidates to prove their theories via empirical data, for example. Currently, politicians need only provide snippets and sound-bites over and over and over again to the public at large for the public to believe their message. Modernly, Americans are short-sighted, impatient and want instant gratification yielding instant results. Americans are pressed with time and enjoy their entertainment. They want not to have to take time a research political candidates. Perhaps it is a product of advances in technology to provide consumers with whatever they so might desire with a click of a mouse...whatever the reasoning, politicians know the mind of their voters. The more recognition a candidate gets, like movie stars, the more popular they become. In the minds of most, the ends justifies the means.
Financial campaign contributions: Constitutionally protected speech?
A consistently debated issue in campaign finance is whether campaign contributions are Constitutionally protected speech. Buckley v. Valeo, 424 U.S. 1 (1976), was a case in which the Supreme Court of the United States upheld a federal law which set limits on campaign contributions, but ruled that spending money to influence elections is a form of constitutionally protected free speech, and struck down portions of the law. The court also ruled candidates can give unlimited amounts of money to their own campaigns.
Although the decision upheld restrictions on the size of campaign contributions, because it struck down limits on expenditures some argue that this precedent allows those with great wealth to effectively drown out the speech of average citizens. Among those criticizing the decision on this line was philosopher John Rawls, who wrote that the Court's decision "runs the risk of endorsing the view that fair representation is representation according to the amount of influence effectively exerted."
The conclusion to be drawn from the different issues discussed in campaign finance and reforms is that it is a work in progress. This process needs to grow and evolve with the times. No matter what society has to offer for candidates to use as a platform for their ideas, there will always be those who approve and disapprove of the process as a whole. The longstanding tradition of American inquiry, via free speech, ensures that whatever modern technology has to offer, Americans will weigh it, measure it and discuss it so it meets the merits of America's most excellent system of fairness.
Smith, Craig R. (2003). "Buckley v. Valeo". In *****, ***** A. (ed.). Free Speech on Trial: Communication Perspectives on Landmark Supreme Court Decisions. Tuscaloosa, AL: University of Alabama Press. pp. 203–217. ISBN 081731301X.
Can help me with these few questions, They are due monday at midnight.
. _____ have overtaken _____ as the nation's largest minority. A) African Americans; HispanicsB) African Americans; AsiansC) Asians; HispanicsD) Hispanics; African AmericansE) Hispanics; Asians2. A small group of individuals who are led in discussion by a professional consultant to gather opinions on, and responses to, candidates and issues is a A) tracking poll.B) quota poll.C) focus group.D) random sample.E) push poll.3. The Financial Stability Oversight Board is an example of an agency created to provide _____, in this case for the TARP program. A) agenda buildingB) policy adoptionC) policy formulationD) policy implementationE) policy evaluation4. Domestic policy A) is limited to policies that affect major economic variables.B) can be defined as all policies that affect housing.C) can be defined as all the laws, government planning, and government actions that concern internal issues of national importance.D) is limited to matters relating to law enforcement.E) relates to the activities of the government in its relations with foreign countries.5. _____ is a subset of national security policy concerning the U.S. armed forces. A) Technical assistanceB) Economic AidC) Defense policyD) Foreign policy processE) Containment6. The U.S. imports about _____ of the oil it consumes. A) one tenthB) one thirdC) one halfD) three fifthsE) three quarters7. Campaigns, which used to center on political parties, now center on A) candidatesB) specific issues.C) entertainment value.D) regional preferences.E) international approval.8. The Strategic Arms Limitation Treaty (SALT I) was agreed to in 1972 in order to A) stabilize the nuclear arms competition between the United States and the Soviet Union.B) contain expansive Russian tendencies.C) create the North Atlantic Treaty Organization (NATO).D) normalize relations in the Middle East.E) limit Communist power within its existing borders.9. By _____, if not before, the economy of China is expected to be larger than that of the United States. A) 2010B) 2020C) 2030D) 2040E) 205010. Recent estimates have put the number of illegal immigrants living in the U.S. at about A) 2 million.B) 6 million.C) 12 million.D) 18 million.E) 22 million.11. Foreign and domestic policy designed to protect the nation's independence and political and economic integrity is A) foreign policy.B) détenteC) national security policy.D) political realism.E) diplomacy12. Foreign policy is A) a nation's external goals and the techniques and strategies used to achieve them.B) the formal agreements that are approved by the World Court.C) interactions with other countries that are not related to economics.D) the treaties that are ratified by the Senate.E) the manner in which the armed forces are deployed.13. In order to win in American politics today, candidates seek to capture A) only the votes of their party's supporters, since the votes of independents are largely irrelevant.B) all of the votes of their party's supporters, as well as those of all of the independent voters and all of the voters from the other party.C) a majority of their party's supporters, some of the independent voters and a few votes from supporters of the other party.D) some of their party's supporters, most of the independent voters and a few votes from supporters of the other party.E) all of the votes of their party's supporters, a majority of the independent voters and a few votes from supporters of the other party.14. Policy implementation is A) concerned with the carrying out of policies by bureaucrats, the courts, police, and individual citizens.B) the process of getting the media aware of the issue.C) the discussion of proposals by governmental officials and the public.D) concerned with a specific strategy for the proposal.E) when studies are conducted to see what happens after a policy is implemented.15. A policy of abstaining from an active role in international affairs or alliances, which characterized U.S. foreign policy toward Europe during most of the 1800s, is A) containment policy.B) détente.C) internationalist foreign policy.D) isolationist foreign policy.E) Washingtonian foreign policy.16. Fiscal policy is A) using changes in the amount of money in circulation to affect overall business activity.B) using changes in the amount of taxes and government expenditures to affect business activity.C) using changes in interest rates to affect business activity.D) under the control of the Federal Reserve System.E) an area that is controlled exclusively by the President of the United States, according to Article II of the Constitution.17. Soft money A) refers to contributions made directly to candidates for political office.B) refers to money that will be spent on elections.C) refers to campaign contributions unregulated by state or federal law, usually given to parties.D) cannot be used for voter registration.E) can be used only by candidates who sign a written pledge to obey the law.18. In 2002, President George W. Bush enunciated a new foreign policy doctrine that held, in part, that A) the United States would go to war with any country that attacks it.B) Islamists would not be allowed to take power in any additional nations.C) America would leave the United Nations if that body did not support its military initiatives.D) the United States would no longer participate in the World Trade Organization or in the World Bank.E) the United States was prepared to wage preemptive war against perceived threats with or without allies.19. Recessions A) have political advantages for a sitting president.B) take place when the economy grows more than usual.C) take place when the economy suffers a severe slowdown.D) are no longer a problem in our modern economy.E) are associated with periods of inflation.20. The National Security Council (NSC) is A) an advisory body to the president on foreign policy matters.B) under the functional control of the State Department.C) a standing committee of the House and the Senate.D) an advisory body to the Joint Chiefs of Staff.E) a private research council that provides analysis of world events.21. Diplomacy is A) a title given to senior members of the State DepartmentB) a philosophy that sees nations as normally willing to cooperate.C) formal public meetings held by heads of government.D) the settling of disputes and conflicts among nations by peaceful means.E) the manner in which the armed forces are deployed.22. The purpose of introducing the primary as a means of nominating candidates for office was to A) strengthen control by party leaders in the selection of the best-qualified candidates.B) help the Republican Party win more elections.C) limit financial contributions to minor party candidates.D) open the nomination process to ordinary party members and to weaken the influence of party bosses.E) ensure the winning candidate was electable.23. In most states, you are not eligible to vote if you A) were not born in that state.B) have not lived in the state for at least a year.C) are not employed in the state.D) do not register before the closing date.E) do not have a state driver's license or identification card.24. The State Department is A) directly responsible to Congress.B) not involved in short-term foreign policy.C) the executive agency that has primary authority over foreign affairs.D) responsible for making foreign policy, not the president.E) one of the largest cabinet departments.25. The organizations that came to be known as "527s" A) have been ruled by the Supreme Court to be unprotected by the First Amendment.B) have been outlawed under regulations issued by the Federal Election Commission.C) are required to be created by the final section of the Campaign Finance Reform Act.D) offer an alternative for interest groups to use money to influence the course of elections by encouraging voter registration and running issue ads to energize supporters.E) are allowed to run issue ads but are precluded from mentioning particular candidates.26. A _____ is a meeting of party members designed to select candidates and propose policies. A) direct primaryB) indirect primaryC) caucusD) closed primaryE) open primary27. Monetary policy may have limited power to end a recession because A) the amount of income tax collected by the government goes down in a recession.B) if interest rates go high enough, people will stop borrowing.C) monetary policy is less effective than fiscal policy generally.D) people will change their behavior to avoid high tax rates.E) people may be unwilling to borrow even if interest rates fall to zero.28. In 2004, The U.S. Congress labeled the situation in Darfur, a province of Sudan, _____. A) a tragedyB) genocideC) a holocaustD) unfortunateE) irremediable29. A majority of the population of Iraq is A) Sunni Arab.B) KurdishC) Shiite Arab.D) TurkomanE) Baathist30. The policymaking process includes all of the following EXCEPT A) agenda building.B) policy formulation.C) policy adjustment.D) policy adoption.E) policy evaluation.31. In 2002, during the boom in the housing market, mortgage originators increasingly approved loan applications from individuals who had unstable incomes, low incomes, or no incomes at all because A) privacy protections enacted by Congress had made it nearly impossible to determine an individual's actual income.B) their conviction that every American should own a home blinded them to the risks of lending to unqualified individuals.C) they knew they could sell the risky mortgages to someone else.D) Internet application forms made it possible for individuals to falsely inflate their incomes.E) mortgage originators were forced by banks to meet impossibly high sales quotas.32. The main driver of growth in health-care spending from 1975 to 2005 was A) the increase in malpractice suits against doctors, who passed on the cost of malpractice insurance to patients.B) the inefficient bureaucratic structure of hospitals.C) new medical technologies and services.D) a scarcity of doctors which allowed the doctors who were practicing to charge more for care.E) the dramatic increase in drug company advertisements which has created a "culture of sickness" in the United States.33. The value of all final goods and services produced in a year is the A) balance of trade.B) current account balance.C) gross domestic product.D) gross national product.E) national product.34. Until recently, women were generally considered to be appropriate candidates A) only for the Democratic Party.B) when fundraising was not an issue in the campaign.C) primarily when women's and family issues took center stage.D) when the district was primarily composed of minorities.E) only for lower-level offices, such as state legislator or school board member.35. The number of members each state will have in the Electoral College A) cannot exceed fifty members.B) cannot be changed without a Constitutional amendment.C) changes every four years.D) is determined by the number of senators and representatives a state has in Congress.E) is identical so that each state plays an equal role in selecting the president.36. The Department of Defense A) is larger than any other federal department.B) was created during the administration of ***** *****.C) was formed in 1978 through an executive order.D) is run by the secretary of defense who is always an admiral or general.E) has primary authority over foreign affairs.37. In 1973, Congress passed the War Powers Resolution, which A) required congressional approval before the president could dismiss the Secretary of Defense.B) limited the president's use of troops in military action without congressional approval.C) extended the president's power over the military.D) was necessary because of the increased threat of nuclear war.E) allowed the president to declare an unlimited national emergency.38. Today's dollar is worth about how much relative to a dollar of a century ago? A) a pennyB) a nickelC) about the same valueD) twice as muchE) five times as much39. _______ is a joint federal-state program designed to subsidize health care costs for the poor. A) MedicareB) MedicaidC) Social SecurityD) MedivacE) Blue Cross40. Voter turnout for Congressional elections is influenced most greatly by A) the state of the economy.B) the type of ballot used.C) the weather on the day of the vote.D) how easy it is to pronounce the candidates' names.E) whether there is a presidential election in the same year.41. With the exception of race, ______ is the most important determinant of voting behavior in national elections. A) party affiliationB) economic statusC) religionD) educationE) geographic region42. Inflation refers to a sustained rise in the A) stock market.B) general price level of goods and services.C) money supply.D) interest rates charged by banks.E) salaries of members of government.43. Political realism is a philosophy that A) sees nations as normally willing to cooperate and agree on moral standards for conduct.B) mandates noninterference with the internal policies of sovereign nations.C) supports steps to establish a single world government.D) sees each nation as acting principally in its own interest.E) contends that spreading Christianity ought to be a major goal of U.S. foreign policy.44. A statewide election of delegates to a political party's national convention to help a party determine its presidential nominee is A) a general election.B) a presidential primary.C) a delegate selection caucus.D) the Electoral College.E) a preliminary explorative endeavor.45. African Americans and most Asian American groups tend to A) vote for a third-party.B) vote Democratic.C) vote Republican.D) fail to vote.E) commit voter fraud.46. In cases where no presidential candidate receives a majority of the electoral college vote, A) the current president serves two more years, at which time there is another general election.B) the candidate who receives a plurality of the popular vote is elected.C) the electors cast a second ballot to determine who will be elected.D) Congress is required to call a second presidential election.E) the election is decided in the U.S. House of Representatives.47. The U.S. policy that stated that European nations must not establish new colonies in the western hemisphere or intervene in the affairs of the western hemisphere is known as the A) Bush Doctrine.B) Marshall Doctrine.C) Monroe Doctrine.D) Powell Doctrine.E) Truman Doctrine.48. In the years following the adoption of the Constitution, many states placed legal restrictions on the right to vote because of the A) belief that voters should own property since many government decisions affect property..B) belief in the South that if poor whites could vote, they might abolish slavery.C) belief that woman's suffrage would injure the traditional family.D) fear of an aristocratic form of government.E) fear of the voting power of recent immigrants.49. Sunnis and Shiites A) are two major ethnic groups in Iraq who speak different languages.B) are two branches of the religion of Islam with somewhat different beliefs and traditions.C) were opponents and supporters, respectively, of Saddam Hussein.D) are two political parties in the Arab world.E) are the names of two refugee camps that were destroyed by Israel.50. All of the following nations are known to possess nuclear weapons capabilities except A) IndiaB) ChinaC) PakistanD) North KoreaE) Afghanistan
Can you also help me with these questions also.
1. Name and then describe the theory that Laub and Sampson developed.
2. What did Dennis Stevens mean by a "silent deal"?
3. What is "bulletproof software" and who developed it?
4. Discuss Thornberry's views on delinquency.
5. Define white-collar crime.
6. Define differential reinforcement.
7. Identify the types of rape under Groth's typology.
8. What was Williams and Flewelling's theory of predicting family homicide?
9. According to Roscoe Pound, what is the law designed to do?
10. What is RICO and what is its purpose?
11. Describe the "Pluralistic Perspective" and list its components.
12. Summarize Karl Marx's theory of the "haves" and the "have nots".
13. Pursuant to early feminist criminology, what would happen as gender equality increased? 14. Summarize the provisions of the Comprehensive Methamphetamine Control Act.
15. What did Reckless mean by "inner containment"?
16. Under the common-law definition of rape, what was rquired by the rules of evidence?
17. Name the U.S. Supreme Court case that held that for scientific evidence to be admissible in court, the test or procedure must be generally accepted by the relevant scientific community.
18. Discuss the theory that Edwin Sutherland developed.
19. According to the Office of Community Oriented Policing Services, name the components of an effective national strategy for preventing and responding to identity theft.
20. Identify stalking behaviors.
Multiple Choice 12/12/2011
_____ have overtaken _____ as the nation's largest minority. A) African Americans; HispanicsB) African Americans; AsiansC) Asians; HispanicsD) Hispanics; African AmericansE) Hispanics; Asians
A small group of individuals who are led in discussion by a professional consultant to gather opinions on, and responses to, candidates and issues is a A) tracking poll.B) quota poll.C) focus group.D) random sample.E) push poll.
The Financial Stability Oversight Board is an example of an agency created to provide _____, in this case for the TARP program. A) agenda buildingB) policy adoptionC) policy formulationD) policy implementationE) policy evaluation
Domestic policy A) is limited to policies that affect major economic variables.B) can be defined as all policies that affect housing.C) can be defined as all the laws, government planning, and government actions that concern internal issues of national importance.D) is limited to matters relating to law enforcement.E) relates to the activities of the government in its relations with foreign countries.
_____ is a subset of national security policy concerning the U.S. armed forces. A) Technical assistanceB) Economic AidC) Defense policyD) Foreign policy processE) Containment
The U.S. imports about _____ of the oil it consumes. A) one tenthB) one thirdC) one halfD) three fifthsE) three quarters
Campaigns, which used to center on political parties, now center on A) candidatesB) specific issues.C) entertainment value.D) regional preferences.E) international approval.
The Strategic Arms Limitation Treaty (SALT I) was agreed to in 1972 in order to A) stabilize the nuclear arms competition between the United States and the Soviet Union.B) contain expansive Russian tendencies.C) create the North Atlantic Treaty Organization (NATO).D) normalize relations in the Middle East.E) limit Communist power within its existing borders.
By _____, if not before, the economy of China is expected to be larger than that of the United States. A) 2010B) 2020C) 2030D) 2040E) 2050
Recent estimates have put the number of illegal immigrants living in the U.S. at about A) 2 million.B) 6 million.C) 12 million.D) 18 million.E) 22 million.
Foreign and domestic policy designed to protect the nation's independence and political and economic integrity is A) foreign policy.B) détenteC) national security policy.D) political realism.E) diplomacy
Foreign policy is A) a nation's external goals and the techniques and strategies used to achieve them.B) the formal agreements that are approved by the World Court.C) interactions with other countries that are not related to economics.D) the treaties that are ratified by the Senate.E) the manner in which the armed forces are deployed.
In order to win in American politics today, candidates seek to capture A) only the votes of their party's supporters, since the votes of independents are largely irrelevant.B) all of the votes of their party's supporters, as well as those of all of the independent voters and all of the voters from the other party.C) a majority of their party's supporters, some of the independent voters and a few votes from supporters of the other party.D) some of their party's supporters, most of the independent voters and a few votes from supporters of the other party.E) all of the votes of their party's supporters, a majority of the independent voters and a few votes from supporters of the other party.
Policy implementation is A) concerned with the carrying out of policies by bureaucrats, the courts, police, and individual citizens.B) the process of getting the media aware of the issue.C) the discussion of proposals by governmental officials and the public.D) concerned with a specific strategy for the proposal.E) when studies are conducted to see what happens after a policy is implemented.
A policy of abstaining from an active role in international affairs or alliances, which characterized U.S. foreign policy toward Europe during most of the 1800s, is A) containment policy.B) détente.C) internationalist foreign policy.D) isolationist foreign policy.E) Washingtonian foreign policy.
Fiscal policy is A) using changes in the amount of money in circulation to affect overall business activity.B) using changes in the amount of taxes and government expenditures to affect business activity.C) using changes in interest rates to affect business activity.D) under the control of the Federal Reserve System.E) an area that is controlled exclusively by the President of the United States, according to Article II of the Constitution.
Soft money A) refers to contributions made directly to candidates for political office.B) refers to money that will be spent on elections.C) refers to campaign contributions unregulated by state or federal law, usually given to parties.D) cannot be used for voter registration.E) can be used only by candidates who sign a written pledge to obey the law.
In 2002, President George W. Bush enunciated a new foreign policy doctrine that held, in part, that A) the United States would go to war with any country that attacks it.B) Islamists would not be allowed to take power in any additional nations.C) America would leave the United Nations if that body did not support its military initiatives.D) the United States would no longer participate in the World Trade Organization or in the World Bank.E) the United States was prepared to wage preemptive war against perceived threats with or without allies.
Recessions A) have political advantages for a sitting president.B) take place when the economy grows more than usual.C) take place when the economy suffers a severe slowdown.D) are no longer a problem in our modern economy.E) are associated with periods of inflation.
The National Security Council (NSC) is A) an advisory body to the president on foreign policy matters.B) under the functional control of the State Department.C) a standing committee of the House and the Senate.D) an advisory body to the Joint Chiefs of Staff.E) a private research council that provides analysis of world events.
Diplomacy is A) a title given to senior members of the State DepartmentB) a philosophy that sees nations as normally willing to cooperate.C) formal public meetings held by heads of government.D) the settling of disputes and conflicts among nations by peaceful means.E) the manner in which the armed forces are deployed.
The purpose of introducing the primary as a means of nominating candidates for office was to A) strengthen control by party leaders in the selection of the best-qualified candidates.B) help the Republican Party win more elections.C) limit financial contributions to minor party candidates.D) open the nomination process to ordinary party members and to weaken the influence of party bosses.E) ensure the winning candidate was electable.
In most states, you are not eligible to vote if you A) were not born in that state.B) have not lived in the state for at least a year.C) are not employed in the state.D) do not register before the closing date.E) do not have a state driver's license or identification card.
The State Department is A) directly responsible to Congress.B) not involved in short-term foreign policy.C) the executive agency that has primary authority over foreign affairs.D) responsible for making foreign policy, not the president.E) one of the largest cabinet departments.
The organizations that came to be known as "527s" A) have been ruled by the Supreme Court to be unprotected by the First Amendment.B) have been outlawed under regulations issued by the Federal Election Commission.C) are required to be created by the final section of the Campaign Finance Reform Act.D) offer an alternative for interest groups to use money to influence the course of elections by encouraging voter registration and running issue ads to energize supporters.E) are allowed to run issue ads but are precluded from mentioning particular candidates.
A _____ is a meeting of party members designed to select candidates and propose policies. A) direct primaryB) indirect primaryC) caucusD) closed primaryE) open primary
Monetary policy may have limited power to end a recession because A) the amount of income tax collected by the government goes down in a recession.B) if interest rates go high enough, people will stop borrowing.C) monetary policy is less effective than fiscal policy generally.D) people will change their behavior to avoid high tax rates.E) people may be unwilling to borrow even if interest rates fall to zero.
In 2004, The U.S. Congress labeled the situation in Darfur, a province of Sudan, _____. A) a tragedyB) genocideC) a holocaustD) unfortunateE) irremediable
A majority of the population of Iraq is A) Sunni Arab.B) KurdishC) Shiite Arab.D) TurkomanE) Baathist
The policymaking process includes all of the following EXCEPT A) agenda building.B) policy formulation.C) policy adjustment.D) policy adoption.E) policy evaluation.
In 2002, during the boom in the housing market, mortgage originators increasingly approved loan applications from individuals who had unstable incomes, low incomes, or no incomes at all because A) privacy protections enacted by Congress had made it nearly impossible to determine an individual's actual income.B) their conviction that every American should own a home blinded them to the risks of lending to unqualified individuals.C) they knew they could sell the risky mortgages to someone else.D) Internet application forms made it possible for individuals to falsely inflate their incomes.E) mortgage originators were forced by banks to meet impossibly high sales quotas.
The main driver of growth in health-care spending from 1975 to 2005 was A) the increase in malpractice suits against doctors, who passed on the cost of malpractice insurance to patients.B) the inefficient bureaucratic structure of hospitals.C) new medical technologies and services.D) a scarcity of doctors which allowed the doctors who were practicing to charge more for care.E) the dramatic increase in drug company advertisements which has created a "culture of sickness" in the United States.
The value of all final goods and services produced in a year is the A) balance of trade.B) current account balance.C) gross domestic product.D) gross national product.E) national product.
Until recently, women were generally considered to be appropriate candidates A) only for the Democratic Party.B) when fundraising was not an issue in the campaign.C) primarily when women's and family issues took center stage.D) when the district was primarily composed of minorities.E) only for lower-level offices, such as state legislator or school board member.
The number of members each state will have in the Electoral College A) cannot exceed fifty members.B) cannot be changed without a Constitutional amendment.C) changes every four years.D) is determined by the number of senators and representatives a state has in Congress.E) is identical so that each state plays an equal role in selecting the president.
The Department of Defense A) is larger than any other federal department.B) was created during the administration of ***** *****.C) was formed in 1978 through an executive order.D) is run by the secretary of defense who is always an admiral or general.E) has primary authority over foreign affairs.
In 1973, Congress passed the War Powers Resolution, which A) required congressional approval before the president could dismiss the Secretary of Defense.B) limited the president's use of troops in military action without congressional approval.C) extended the president's power over the military.D) was necessary because of the increased threat of nuclear war.E) allowed the president to declare an unlimited national emergency.
Today's dollar is worth about how much relative to a dollar of a century ago? A) a pennyB) a nickelC) about the same valueD) twice as muchE) five times as much
_______ is a joint federal-state program designed to subsidize health care costs for the poor. A) MedicareB) MedicaidC) Social SecurityD) MedivacE) Blue Cross
Voter turnout for Congressional elections is influenced most greatly by A) the state of the economy.B) the type of ballot used.C) the weather on the day of the vote.D) how easy it is to pronounce the candidates' names.E) whether there is a presidential election in the same year.
With the exception of race, ______ is the most important determinant of voting behavior in national elections. A) party affiliationB) economic statusC) religionD) educationE) geographic region
Inflation refers to a sustained rise in the A) stock market.B) general price level of goods and services.C) money supply.D) interest rates charged by banks.E) salaries of members of government.
Political realism is a philosophy that A) sees nations as normally willing to cooperate and agree on moral standards for conduct.B) mandates noninterference with the internal policies of sovereign nations.C) supports steps to establish a single world government.D) sees each nation as acting principally in its own interest.E) contends that spreading Christianity ought to be a major goal of U.S. foreign policy.
A statewide election of delegates to a political party's national convention to help a party determine its presidential nominee is A) a general election.B) a presidential primary.C) a delegate selection caucus.D) the Electoral College.E) a preliminary explorative endeavor.
African Americans and most Asian American groups tend to A) vote for a third-party.B) vote Democratic.C) vote Republican.D) fail to vote.E) commit voter fraud.
In cases where no presidential candidate receives a majority of the electoral college vote, A) the current president serves two more years, at which time there is another general election.B) the candidate who receives a plurality of the popular vote is elected.C) the electors cast a second ballot to determine who will be elected.D) Congress is required to call a second presidential election.E) the election is decided in the U.S. House of Representatives.
The U.S. policy that stated that European nations must not establish new colonies in the western hemisphere or intervene in the affairs of the western hemisphere is known as the A) Bush Doctrine.B) Marshall Doctrine.C) Monroe Doctrine.D) Powell Doctrine.E) Truman Doctrine.
In the years following the adoption of the Constitution, many states placed legal restrictions on the right to vote because of the A) belief that voters should own property since many government decisions affect property..B) belief in the South that if poor whites could vote, they might abolish slavery.C) belief that woman's suffrage would injure the traditional family.D) fear of an aristocratic form of government.E) fear of the voting power of recent immigrants.
Sunnis and Shiites A) are two major ethnic groups in Iraq who speak different languages.B) are two branches of the religion of Islam with somewhat different beliefs and traditions.C) were opponents and supporters, respectively, of Saddam Hussein.D) are two political parties in the Arab world.E) are the names of two refugee camps that were destroyed by Israel.
All of the following nations are known to possess nuclear weapons capabilities except A) IndiaB) ChinaC) PakistanD) North KoreaE) Afghanistan
Short Answer 12/13/2011
1. Name and then describe the theory that Laub and Sampson developed. In 1993, Sampson and Laub presented their age-graded theory of informal social control in Crime in the Making: Pathways and Turning Points Through Life.
In essence, Sampson and Laub state that, among offenders, strong social bonds
stemming from a variety of life events predict desistance from criminal offending in
2. What did Dennis Stevens mean by a "silent deal"? Where the rapists motive involves an offender who believes that the victim is responsible for the attack because she consented to the sex in some “silent deal.”
3. What is "bulletproof software" and who developed it? BPFTP Server is a powerful FTP Server for business, corporate or even home use. Both easy to use through a fully graphical control method and powerful with control over everything. BPFTP Server has all RFC-959 features plus many other options, such as resuming upload/download, viewing server activity in real time, ban, kick, anti hammering, ratio, quota groups management, event manager, real time stats generator, chat.
4. Discuss Thornberry's views on delinquency. Professor Thornberry's research interests focus on understanding the development of delinquency and crime over the life course, the consequences of maltreatment, and intergenerational continuity in antisocial behavior. He is the Principal Investigator of the Rochester Youth Development Study, a three-generation panel study begun in 1986 to examine the causes and consequences of delinquency and other forms of antisocial behaviors. He has developed an interactional theory to explain these behaviors and has used data from the study to empirically test his theory.
5. Define white-collar crime. White-collar crime has been defined by Edwin Sutherland as "a crime committed by a person of respectability and high social status in the course of his occupation" (1939). Sutherland was a proponent of Symbolic Interactionism, and believed that criminal behavior was learned from interpersonal interaction with others. White-collar crime, therefore, overlaps with corporate crime because the opportunity for fraud, bribery, insider trading, embezzlement, computer crime, copyright infringement, money laundering, identity theft, and forgery are more available to white-collar employees.
6. Define differential reinforcement. Differential reinforcement of incompatible behavior (DRI) and differential reinforcement of alternative behavior (DRA) are two similar forms of differential reinforcement. In DRI, the practitioner reinforces a response that is physically incompatible with the target problem behavior and in DRA the practitioner reinforces a response that is an appropriate alternative to problem behavior but is not necessarily incompatible with the target problem behavior. When using these procedures, the practitioner should select incompatible/alternative behaviors that are already in the learner’s repertoire, require less effort than the problem behavior, and occur naturally at a rate that will provide sufficient opportunities for reinforcement; select potential reinforcers; reinforce incompatible/alternative behaviors immediately and consistently; gradually thin the schedule of reinforcement over time; place the problem behavior on extinction; and combine it with other procedures to maximize effectiveness. Differential reinforcement of incompatible behavior – Used to reduce a frequent behavior without punishing it by reinforcing an incompatible response. An example would be reinforcing clapping to reduce nose picking.
7. Identify the types of rape under Groth's typology. Groth identified three different kinds of rapists in his typology.
Anger rapists, as one would assume, are very angry men. Although they may be angry at women in general, or may react angrily to specific behavior of their victim, they are more often angry about a variety of issues in their lives. They cannot and will not face the difficult issues in their lives directly and in a pro-social manner.
Anger rapists tend to use a significant amount of physical force when they subdue their victims—in most cases, far more force than is necessary to perpetrate the abuse. This often leaves victims severely battered and bruised on various areas of their bodies. Anger rapists also tend to be verbally abusive during their assaults—which are short in duration and very explosive in nature.
Anger rapists tend not to plan their specific offenses. Rather, they act impulsively to take advantage of situations that have presented themselves. Victim choice depends solely upon whom anger rapists see as vulnerable and available at the moment they decide they want to offend. Between 25% and 40% of known rapes are committed by men who are considered anger rapists.
The second type of rapist in the Groth typology is the power rapist. Power rapists—like anger rapists—use sexual assault as a way to feel powerful and in control. They do not, however, discharge anger during their offenses and they only use the physical force necessary to perpetrate the offense. If power rapists can gain control through threat and psychological coercion (rather than physical intimidation), they will do so. As a result, the physical injuries usually associated with anger rapists are less common with power rapists.
The offenses themselves may last over a longer period of time than those committed by anger rapists, and may be repetitive in nature. Domestic violence offenders who commit sexual assaults against their partners are often power rapists.
Power rapists, like anger rapists, often look for potential victims that seem vulnerable. Unlike anger rapists, however, they consider how much intimidation and force are necessary to gain control. Their preference is to attack potential victims who are both physically vulnerable and relatively easy to intimidate. Power rapists usually plan their offenses and may fantasize about how they are going to "look" and "feel."
The Sadistic Rapist
Finally, sadistic rapists are individuals who have an erotic attraction to power, anger or violence. Sadistic rapists engage in very compulsive, sometimes very ritualized sexual assault behavior. Because they have an erotic response to power and control, extreme violence and torture often characterize their assaults. In many cases, victims of sadistic rapists are murdered during the assaults. Unlike all of the other types of sex offenders in Dr. Groth's typology, sadistic rapists often have very significant psychiatric difficulties that may have a direct relationship to the offense behavior.
It is fortunate, given the high degree of violence and significant likelihood of victim death, that there are relatively few known sadistic rapists. Estimates are that approximately 2% to 5% of all rapists are sadistic in nature. It is also fortunate that once apprehended, sadistic rapists are usually removed from the community for many, many years or life.
8. What was Williams and Flewelling's theory of predicting family homicide? Poverty was the leading factor.
9. According to Roscoe Pound, what is the law designed to do? Pound defined law as â€˜the rules principles, conceptions and standards of conduct and decision and also the precepts and doctrine of professional rules of artâ€™. The aim of law is: 1. to satisfy as many wants as possible while causing as little friction or confrontation as can be caused. 2. to reconcile the aims, wants and demands of the individual with those of society 3. to bring harmony into the relationship between the individual and society.
10. What is RICO and what is its purpose? Federal RICO charges is to prosecute those involved in criminal activity through the use of criminal organizations. More specifically: It is unlawful for anyone employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs through a pattern of racketeering activity or collection of unlawful debt. 18 U.S.C.A. Section 1962(c). The Racketeer Influenced and Corrupt Organization Act (RICO) was passed by Congress with the declared purpose of seeking to eradicate organized crime in the United States. A violation of Section 1962(c), requires (1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity.
A more expansive view holds that in order to be found guilty of violating the RICO statute, the government must prove beyond a reasonable doubt: (1) that an enterprise existed; (2) that the enterprise affected interstate commerce; (3) that the defendant was associated with or employed by the enterprise; (4) that the defendant engaged in a pattern of racketeering activity; and (5) that the defendant conducted or participated in the conduct of the enterprise through that pattern of racketeering activity through the commission of at least two acts of racketeering activity as set forth in the indictment.
11. Describe the "Pluralistic Perspective" and list its components. In political science, the view that in liberal democracies power is (or should be) dispersed among a variety of economic and ideological pressure groups and is not (or should not be) held by a single elite or group of elites. Pluralism assumes that diversity is beneficial to society and that the disparate functional or cultural groups of which society is composed — including religious groups, trade unions, professional organizations, and ethnic minorities — should be autonomous. Pluralism was stressed most vigorously during the early 20th century by a group of English writers that included Friederic W. Maitlland and Harold J. Laski; it was defended in the later 20th century by the American scholars Robert Dahl and David B. Truman.
Components of Pluralism
The uncertainty in a pluralistic society increases. Trends and countertrends coexist simultaneously and grow at an increasing rate. Common social fundamentals are rapidly lost. This causes a fragmentation into parallel societies.
The experience orientation of a pluralistic society describes the ability to select from a multitude of available life concepts. With increasingly greater tolerance for risk, previous barriers and taboos are broken. The existential fear that one has not fulfilled the maximum possible potential of one's own needs by the selection of one's own alternative lifestyle is newly created.
This individualization has enabled the planning of one's own life on the basis of one's own responsibilities. A person's biography is individually designed and realized from beginning to end. Failures in life occur only as consequences of these self-chosen risks.
Freedom from obligation also increases in the pluralistic society. Individuals are fascinated by unfamiliar points of view however do not commit themselves to them. Within the form of absolute freedom of choice, one's own world view is compiled from available religions, cultures and ideologies.
In the end, pluralism probably leads to a deep ignorance with regard to the social changes that are necessary in the fight against climate change.
12.Summarize Karl Marx's theory of the "haves" and the "have nots". The Communist Manefesto is his most notable work. In it, Marx defined his ideas by examining human history to see if a struggle for power existed. He believed that there were two types of people that existed historically. The “haves” and the “have-nots” would be involved with a constant struggle for resources. The “haves” were called “capitalists” because they had all the money needed to build new factories, mines, railways or other “means of production.” The capitalists would then force the “have-nots,” who he called the “proletariat (working class),” to work for them. This situation was unfair in the distribution of wealth within a society that would cause problems.
Problems emerge when capitalists pay the working classes very low wages while keeping the profits for themselves. In this manner the rich would become richer and the poor would become poorer. This situation would lead to the working class becoming frustrated and angry, therefore rising up to “seize the means of production.” The purpose of the uprising by the workers would be to distribute the wealth in a fair manner among all members of society. This stage of historical evolution would be called “socialism.”
A socialist state would have the workers own the means of production and all would share the profits equally. The workers would be working for themselves, not for the benefit of the capitalists. All forms of government would slowly disappear, as the workers understood the benefit of working for the good of each other. Once this model state of affairs occurred, his ideal society that he called communism would exist.
He said that social violence is simply the reaction of the helpless expressing their rage against the unjust conditions in which they live than committing actual crimes. He said that if someone is ruled, as in the proletariat and as he struggles to survive he will come in conflict with the ruling class, the capitalists, and therefore that will create conflict, which will engender crime.
13. Pursuant to early feminist criminology, what would happen as gender equality increased? Female-perpetrated crime would also increase. More specifically, the emancipation of women during the 1970s increased economic opportunities for women and allowed women to be as crime-prone as men. While "women have demanded equal opportunity in the fields of legitimate endeavours, a similar number of determined women have forced their way into the world of major crime such as “white- collar crime, murder, and robbery” (Adler, 1975: 3). She suggested that as women are climbing up the corporate business ladder, they are making use of their 'vocational liberation' to pursue careers in white-collar crime.
14. Summarize the provisions of the Comprehensive Methamphetamine Control Act. The following is a brief summary of major provisions of the Comprehensive
Methamphetamine Control Act (MCA): (1) The MCA makes the possession of list I chemicals a crime in instances where the chemicals were obtained under authority of a registration, if that registration has been suspended or revoked. In addition, thisprovision facilitates the forfeiture of such chemicals. (2) The MCA extends Federal "long arm" jurisdiction for certain controlled substance offenses to include the manufacture and distribution of listedchemicals outside of the U.S. with intent to illegally import them intothe U.S.
15. What did Reckless mean by "inner containment"? Walter Reckless’ Containment Theory is a theory that says all humans are subject to criminal behavior, but many of us can resist this deviant behavior with the 2 buffers of inner and outer containment, and also that the probability of deviant behavior increases when the internal and external constraints weaken (Social Control Theories.) He suggested that people can be “insulated from crime if properly socialized by their parents and peers, and control himself” (Containment Theory.) This is to say that the person will prevent himself or herself from committing criminal or unjudicial behavior by containing their impulses. If the individual fails at containing this impulse, then the second buffer, of families or peers, will attempt to dissuade them by counseling and talking to them. Reckless believed that in society there is are external or outer factors, and internal or inner social factors. .. The outer society factor holds society and individuals in line and the inner factor is there to protect against deviation. The external factor is provided by groups in society, the state, tribes and villages, family and other nuclear groups of that manner. It is in place to provide scope for the individual and show how large the community is in comparison to their small self. There has to be certain responsibilities and guidelines for the individual, and these are provided by the external containment. It depends very heavily on the certain social roles that apply to people all over (Dodder.) There needs to be a sense of belongingness and being able to identify with other members. Also, having a chance to achieve a certain status is necessary. There needs to be joint cohesion in the group and togetherness, as well as consistent moral values and role models to show these behaviors. There must also be “reasonable limits and responsibilities” (Containment Theory.) Inner containment is thought to be the more powerful force. For the inner factors, it is important that one has a favorable image of oneself in comparison to others members of the groups and persons. It is necessary that the person is able to follow the norms and rules of society to better understand how the big picture. For the inner factors to function correctly one must have very strong morals and ethics, must be very goal oriented and focused, and have a well developed ego and super ego. These qualities help one to hold up under pressures from the outside world and handle frustration and adversity. Being able to manage your frustration shows high control and focus. These two factors, the inner and outer, serve as buffers against crime.
16. Under the common-law definition of rape, what was required by the rules of evidence? Historically, rape was defined as unlawful sexual intercourse with a woman against her will. The essential elements of the crime were sexual penetration, force, and lack of consent. Women who were raped were expected to have physically resisted to the utmost of their powers or their assailant would not be convicted of rape. Additionally, a husband could have sex with his wife against her will without being charged with rape.
17. Name the U.S. Supreme Court case that held that for scientific evidence to be admissible in court, the test or procedure must be generally accepted by the relevant scientific community. This standard comes from Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), a case discussing the admissibility of polygraph test as evidence. The Court in Frye held that expert testimony must be based on scientific methods that are sufficiently established and accepted.
18. Discuss the theory that Edwin Sutherland developed. Differential Association is a theory developed by Edwin Sutherland proposing that through interaction with others, individuals learn the values, attitudes, techniques, and motives for criminal behavior.
The Differential Association Theory is the most talked about of the Interactionist theory of deviance. This theory focuses on how individuals learn how to become criminals, but does not concern itself with why they become criminals. They learn how to commit criminal acts; they learn motives, drives, rationalizations, and attitudes. It grows socially easier for the individuals to commit a crime. Their inspiration is the processes of cultural transmission and construction. Sutherland had developed the idea of the "self" as a social construct, as when a person's self-image is continuously being reconstructed especially when interacting with other people.
Partnership and Collaberation
This is the most common type of stalking. In Simple Obsession stalking, the stalker knows the victim personally. Examples include, ex-boyfriend, ex-employee, ex-neighbor. Most stalkers of this type are male.
The stalker in this case is either a stranger or casual acquaintance of the victim. The stalker has become obsessed and "fallen in love" with the victim. Both sexes are often victimized by this type of stalking. Love Obsession is the second most type of stalking.
This type of stalking is usually performed by females. The stalker believes that the victim is in love with her. Fortunately for most of us, this type of stalker is usually attracted to the rich and famous.
False Victimization Syndrome
This is the desire to be placed in the role of the victim. A person (usually women) pretend to be stalked in order to gain attention of the individual she desires such as an estranged spouse.
In most cases, you would be dealing with a stalker displaying Simple Obsession or Love Obsession Characteristics. What's important is by understanding who the stalker is and why your being stalked is the first step in solving the situation.
Can you help me with these few questions. They are due on 4 Jan.
1. Summarize the main purpose of The Immigration Act of 1924. .
2. State the primary focus of the U.S. antiterrorist policy today..
3. Define "right-wing terrorists" and give an example. .
4. Distinguish between international terrorism and home-grown or home-land terrorism..
5. Summarize or define "terrorism". .
6. What form of terrorism uses high technology in the planning and carrying out of terrorist attacks?.
7. List the elements of Trafficking..
8. List the international agenices that collect crime statistics from a large number of countries..
9. Some experts suggest that the risk of international terrorism is decreasing and that the U.S. will suffer from fewer incidents of international terrorism. Do you agree or disagree? Why? .
10. Identify the act which established the Human Smuggling and Trafficking Centere within the U.S. State Department..
11. List the consequences if a group is designated as a "foreign terrorist organization".
12. Define comparative criminology.
13. Distinguish an "act of terrorism" from a "violent criminal act"..
14. Identify motivating factors for terrorism.
Hope that you and your family had a wonderful christmas, I want to wish you and your family a Safe and Happy New Year.
Short answer due January 4, 2012
1. Summarize the main purpose of The Immigration Act of 1924: The law was aimed at further restricting the Southern and Eastern Europeans who were immigrating in large numbers starting in the 1890s, as well as prohibiting the immigration of Middle Easterners, East Asians and Asian Indians. Congressional opposition was minimal.
2. State the primary focus of the U.S. antiterrorist policy today: Today U.S. policy focus is on terrorist organizations such as al-Qaida and affiliated networks, and state supporters. But in the future, it may be that new brands of terrorists will emerge: individuals who are not affiliated with any established terrorist organization and who are apparently not agents of any state sponsor. The worldwide threat of such individual or“boutique” terrorism, or that of “spontaneous” terrorist activity, such as the bombing of bookstores in the United States after Ayatollah Khomeini’s death edict against British author Salman Rushdie, appears to be on the increase. Thus, one likely profile for the terrorist of the 21st century may well be a private individual not affiliated with any established group.
3. Define "right-wing terrorists" and give an example: It stems from a variety of ideologies and beliefs, including neo-fascism, neo-Nazism, racism and opposition to foreigners and immigration. Incidents of this type of terrorism have been sporadic with little or no international cooperation. Their actions are generally poorly coordinated and there are few identifiable organizations. Modern right wing terrorism began to appear in western Europe in the 1980s and in eastern Europe following the collapse of Communism. An early example is the August 1980 Bologna bombing, when a group of right-wing terrorists exploded a bomb at a railroad station in Bologna, Italy, killing 84 people and injuring more than 180. Closer to home, the official story of the April 19, 1995 attack on the Murrah federal building in Oklahoma, by the right-wing extremist Timothy McVeigh, which killed 168 people, is said to be a right-wing terrorist act.
4. Distinguish between international terrorism and home-grown or home-land terrorism: International terrorism is the calculated use of violence (or the threat of violence) against civilians in order to attain goals that are political or religious or ideological in nature, done through intimidation or coercion or instilling fear, practiced in a foreign country by terrorists who are not native to that country . Home-grown terrorism, in contrast, is the use, planned use, or threatened use of force or violence by a group or individual born, raised, or based and operating primarily within the United States or any possession of the United States to intimidate or coerce the United States government, the civilian population of the United States, or any segment thereof, in furtherance of political or social objectives.
5. Summarize or define "terrorism": Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, The word "Terrorism" comes from the French word terrorisme, and originally referred specifically to state terrorism as practiced by the French government during the Reign of terror. The French word terrorisme in turn derives from the Latin verb terreō meaning “I frighten.”
6. What form of terrorism uses high technology in the planning and carrying out of terrorist attacks?: Cyberterrorism. The cyberterrorism is a new form of terrorism, which uses computers and electronic networks, modern information technologies for achievement of the terrorist purposes . On the mechanism, ways of fulfillment and concealment computer crimes have the certain specificity, are characterized by a high level of latent and a low level of disclosing.
7. List the elements of Trafficking: (1) An act (what is done); (2) The means (how it is done); and (3) Exploitative purpose (why it is done).
8. List the international agencies that collect crime statistics from a large number of countries: Interpol, for one. Further, Crime statistics are gathered and reported by many countries and are of interest to several international organizations, including Interpol and the United Nations. Law enforcement agencies in some countries, such as the FBI in the United States and the Home Office in England & Wales, publish crime indices, which are compilations of statistics for various types of crime.
Two major methods for collecting crime data are law enforcement reports, which only reflect reported crimes and victimization statistical surveys, which rely on individual honesty. For less frequent crimes such as intentional homicide and armed robbery, reported incidences are generally more reliable. Because laws vary between jurisdictions, comparing crime statistics between and even within countries can be difficult.
The U.S. has two major data collection programs, the Uniform Crime Reports from the FBI and the National Crime Victimization Survey from the Bureau of Justice Statistics. However, the U.S. has no comprehensive infrastructure to monitor crime trends and report the information to related parties such as law enforcement.
9. Some experts suggest that the risk of international terrorism is decreasing and that the U.S. will suffer from fewer incidents of international terrorism. Do you agree or disagree? Why? : Agree. 1) With mass media attention and information fast-tracking via the internet, recognizing and stopping terrorism has increased exponentially; 2) more and more countries and individuals are shaming terrorists into submission to civil behavior; and 3) Western ideas such as freedom and liberty are influencing formerly oppressed societies and giving them hope in the possibility of living a life with the right to life, liberty and property.
10. Identify the act which established the Human Smuggling and Trafficking Center within the U.S. State Department: Section 7202 of the Intelligence Reform and Terrorism Prevention Act of 2004 established the Human Smuggling and Trafficking Center. The Center will achieve greater integration and overall effectiveness in the U.S. Government's enforcement and other response efforts, and work with other governments to address the separate but related issues of alien smuggling, trafficking in persons, and criminal support of clandestine terrorist travel.
11. List the consequences if a group is designated as a "foreign terrorist organization": The U.S. Department of State lists the following item as considered beneficial effects of designation:
Supports efforts to curb terrorism financing and to encourage other nations to do the same.
Stigmatizes and isolates designated terrorist organizations internationally.
Deters donations or contributions to and economic transactions with named organizations.
Heightens public awareness and knowledge of terrorist organizations.
Signals to other governments U.S. concern about named organizations.
12. Define comparative criminology: is the study of the social phenomenon of crime across cultures, to identify differences and similarities in crime patterns.
13. Distinguish an "act of terrorism" from a "violent criminal act": Terrorism is nothing but common crimes although committed with an overriding motivation of imposing extreme fear on the nation as such. Terrorists seldom express ‘guilt’. The word ‘terrorism’ describes, instead, an overriding motivation, a way of acting, rather than the objective circumstances of acting. A violent criminal act has different motivations, such as hate, a felonious act, etc. The motive is not like that of terrorism because the perpetrator is not trying to impose terror on the nation as a whole.
14. Identify motivating factors for terrorism: Extreme religious beliefs; Opposition to U.S. Policy in Israeli-Palestinian conflict; Opposition to U.S. Policies in Iraq; Opposition to U.S. Cultural and Economic domination; Rejection of American dem. Values.
Can you help me with this assignment.
Written Assignment: A contemporary Juvenille System And Juvenille Detention Alternatives.
In 2-3 pages and using APA style formation, summerize the article, " Juvenile Justice System: Contemporary Juvenile System and Juvenile Detention Alternatives" and provide the silent points of the article. This one is due on 29 Jan.
Thank You Very Kindly.
Can you help me with this assignment also. It's due on the 1st.
In a 2-3 page paper, using APA style formatting, compare and contrast the Pennsylvania system and the Auburn system. What correctional system most closely explains our modern day prisons? Why? In addition to your assigned readings, 3 external sources must be used to complete this assignment.
Thank You Very kindly.
All done. Just click here to retrieve. Please review and let me know if you need any changes. Good luck. I have provided it below, as well, but you know the APA formatting is lost when we do that:
The Pennsylvania and Auburn “Systems”
The Pennsylvania Department of Corrections.
The Pennsylvania Department of Corrections (PADOC) has close to 51,000 inmates, modernly. This was where the concept of a penitentiary began and was developed by the Quakers in the mid 17th Century. This concept is best known as the “Pennsylvania System.” This is where the American prison labor concept evolved. “The System” originated in 1682 under William Penn. The goal of this prison was to replace torture and mutilation types of punishment for crimes with hard labor. Although the penal code of 1682 was repealed, the code influenced the concept of hard labor for inmates across the nation. Ultimately, the constitution in 1776 directed an enactment of laws requiring hard labor for prisoners, including, after a provision in 1786, that the labor should be publicly and disgracefully imposed. Although many of the codes were repealed, many aspects have greatly influenced modern penology. For example, juvenile delinquents can be seen cleaning up roads and streets.
Eventually, prisoners became, and still are, a major part of the work force. In fact, the Pennsylvania Correctional Industries (PCI), the business that was established long ago, still thrives, today. Inmates provide a variety of products for the state to buy. Hence, Pennsylvania married the concept of hard labor for inmates with business production. The result is economically productive prisons that can be self-sufficient.
The success of PCI is that it operates as a business, which teaches inmates to work, rather than operating exclusively as an inmate work program. PCI recognizes that the success of the business determines the success of the inmate work program and strives to balance a dual mission - remaining self-sufficient while teaching inmates to work. The focus of this system was and still is to provide for a humane reformatory institution, and provide services reflecting the original intent of the Quakers (who originally established the Pennsylvania System) like prayer, rehabilitation, education, counseling, etc.
Auburn Department of Corrections.
In contrast with the purely reformatory type prison instituted in Pennsylvania, introduced by the Quakers, the "Auburn System" modified the schedule of prayer, contemplation, and humane conditions with hard labor and work.
This system established a concept, like the Pennsylvania System, where prisoners were compelled to work during the day, and the profit of their labor helped to support the prison. However, the Auburn System was much more regimented and strict, focusing on punishment and discipline rather than rehabilitation and business profits. At its inception, prisoners were segregated by type of criminality into different locations within the prisons and by the use of special clothing. The traditional American prison uniform, consisting of horizontal black and white stripes, originated at the Auburn prison. The prisoners had their heads closely cropped and walked in lockstep, keeping step with their heads bowed. Each prisoner placed a hand on the shoulder of the man in front of him to maintain a rigid separation.
There was a communal dining room so that the prisoners could gather together for meals, but a code of silence was enforced harshly at all times by the guards. Thus the inmates worked and ate together, but in complete silence. At night the prisoners were kept in individual cells (even though the original plan called for double cells).
For several decades, this system was adopted by other jurisdictions. This system was also called the "Congregate System." The Sing Sing Correctional Facility, also in New York, was built using this system under the supervision of the former warden of the Auburn prison, Elam Lynds.
The Auburn and Pennsylvania systems were both based on a belief that criminal habits were learned from and reinforced by other criminals. Modernly, there are concepts from both the Pennsylvania System and The Auburn System are either still practiced, or are used as models and templates for more contemporary needs of the twenty-first century. For example, prisoners still wear uniforms. In the Midwest, they still wear the old black and white stripes. Prisoners also still work. Most of them have jobs. Overcrowding, however has allowed for many modern day prisoners to stay idle...which the penal system today still believes that idle hands lead to trouble. With the advent of out of control litigation by money-hungry litigation attorneys, and prisoner entitlements, going to prison is much like going to summer camp. Most get to watch cable TV, are no longer segregated, have good, round the clock state of the art medical care, access to the internet, access to and opportunities to earn degrees while in prison, three warm balanced meals a day, work out time, leisure time, and the list goes on and on.
Pennsylvania most like today's prisons.
Prisons today have maintained the work concept, like in Pennsylvania, but rarely is the work hard labor, day in and day out. The “business of prison products” from the aforementioned Pennsylvania Industries (PCI) still thrives, today. The Pennsylvania concept of running a prison like a business has greatly influenced modern penitentiaries. However, it seems that the industries that run these prisons are focused only on making a profit, rather than bettering society. The prisoners make very little pay, and the products they make sell for market price. It is king of like modern day slave labor, without the bad conditions. Whereas before, work was supposed to rehabilitate the criminal, now profit making jobs are what counts. Where as harsh conditions were implemented to discourage recidivism, now conditions are good; even desirable for one who, for example has been living on the streets. The healthier the prisoners, the better they work. The better they work, the more they produce. The more they produce the more the money the industries make. The old adage, “Follow the money” seems to have replaced punishment and rehabilitation of criminals with desirable profit margins.
"Lower Allen township, Pennsylvania." U.S. Census Bureau. Retrieved on December 7, 2009.
"Welcome to the Pennsylvania Department of Corrections." Pennsylvania Department of Corrections. Retrieved on December 7, 2009. "2520 Lisburn Road, P.O. Box 598, Camp Hill, PA###-##-#######) ###-####(Note: This address is for the Department of Corrections' Central Office."
"US Gazetteer files: 2010, 2000, and 1990". United States Census Bureau. 2011-02-12. Retrieved 2011-04-23
I don't knpw if you got these two written assignments, if not can you help me with these two assignments.
Do Childhood Abuse and Neglect Lead to Adult Criminal Behavior?
In 2-3 pages, and using APA style formatting, summarize the article, "An Update on the 'Cycle of Violence'" and in your conclusion state your opinion on the results. This assignment is due on the 4th.
Currently, sex offenders in the Department of Corrections (DOC) volunteer for the sex offender treatment program. In a 2 page paper, using APA style formatting, should convicted sex offenders, be mandated to participate in a treatment program? Should the State be required to continue treatment after the inmates release from prison? Is this a violation of their Constitutional Rights? Also consider the Rights of the victims.
This assignment is due on the 6th,
Hi. First let me paste the last assignment that I had originally missed because it looks like you said you had trouble retrieving it. Second, I can write the two assignments you just posted for me today. I will get started immediately and this time I won't miss one of them.:
Juvenile Justice System-Contemporary Juvenile Justice System and Judicial Detention Alternatives
Protecting children, especially in the American society, has become paramount over the past century in America's legal system. Whether it is protecting children from criminal behavior, or dealing with children who are criminals, themselves, the American legal society (namely the juvenile court and family court systems) has developed over the years, or attempted to develop a judicial process that is in the child's best interest. The article, Juvenile Justice System-Contemporary Juvenile Justice System and Judicial Detention Alternatives explains and summarizes the trends and the ups and downs of the ominous task of protecting children.
It is difficult to believe that there was once a time when child offenders were treated just like adult offenders. No exceptions or considerations were made in light of the fact that children do not have a matured understanding and mental capacity, and certainly at younger ages, do not have full ability to appreciate the dangers in which they sometimes put themselves. As with the mentally challenged, children are limited cognitively. Their brain is not even fully developed. This truth effects the analysis of whether children, in the past, and modernly, are in fact being deprived of their due process rights as a result.
The concerns over due process violations against children is part of what prompted the legal system to implement a juvenile system where the child criminals can get the education, therapy, support, training, and rehabilitation that they need. The Supreme Court on several occasions upheld the due process rights of children.
The theory behind the Juvenile system is that children get a second chance. Their Juvenile records are sealed in the spirit of allowing child-offenders to start out their adulthood with a clean slate. Except for especially dangerous crimes, like murder, child-offenders are less guilty than adult offenders due to their infancy of cognition. In the 1980s, their was a reform movement to the juvenile system. It aimed to make the juvenile justice system more responsive to public safety and to assure personal responsibility by juvenile delinquents.
The aforementioned article points out that by the turn of the century, child offenders were on the rise. In result of this dilemma, the U.S. society came to a point where “retributive justice had substantially overtaken the nineteenth century reformers' notions of rehabilitation and individualized treatment of juvenile delinquents.” By 1999, the contemporary juvenile system devolved to one that is a system which basis the sentencing for juveniles on the seriousness of the crime and the frequency of the crime, rather than on the traditional system that was individualized based upon the needs of the child-offender for rehabilitation.
However, the trends of the Juvenile System seem to be cyclical. Today, the system has come full circle right back the reformers' disposition for children. Many new and workable alternatives to the strict punishment and deterrence dispositions have been the recent trend. In 1997 Congress enacted the Innovative Local Law Enforcement and Community Policing Program, requiring those states that accept federal funds to create accountability-based dispositions that balance the interests of the community, victim, and offender. The response was disposition alternatives that continue to this day. Generally, therefore, if the child committed a minor offense and does not have a prior delinquency record, it is likely that the juvenile trial judge can grant a form of probation termed a "home of parent custody" where juveniles must abide by a relevant probation conditions order in which the child agrees to. If the crime charged is minor, but the juvenile has a prior delinquency record, the judge usually has discretion to order the child detained out of home in an institutional setting until the child reaches the age of majority in that jurisdiction. If the minor commits a serious offense, the legislature can create a mandatory minimum sentence that may also involve a "blended sentence," which is a system of sending juveniles to adult prisons once they reach the age of majority to finish their time.
More and more juveniles are being transferred to adult courts so these courts have also developed alternative sentencing as the juvenile court had done. The goal is, once again, what is in the child's best interest, society's best interest and in the victims' best interest.
What is most troubling however, is the growing number of juvenile delinquents. With the divorce rate at one in every two marriages, the children are the ones who suffer and act out. With the growing number of one-parent households, especially where the parent works all day, the kids are who suffer and fall by the way side. Parents need to understand what history and modern science has found. Children have not the mental capacity to discern and to act with self-control as can an adult. With no parent home to teach them, discipline them, supervise them and model behavior, kids are rapidly deteriorating. Perhaps parents should be ordered as well to learn about child-development. Parents are the ones who should nurture and protect kids, not the court. However, many parents have left their children and the courts with no other alternative.
Can you help me with these two written assignment.
Written Assignment: Presentence Investigations
In a 2 page paper, using APA style formatting, discuss the strengths and weaknesses of pre-sentence investigation reports. In addition to your assigned readings, 3 external articles must be used to satisfy this assignment. This one is due on the 10th.
Written Assignment: Family Environment as a Predictor of Adolescent Delinquency
Read the article "Family environment as a predictor of adolescent delinquency and answer the following questions: What was the purpose of the study? Who were the participants? What were the results? Discuss the findings in 2-3 pages and please use APA style formatting. This one is due one the 12th.
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Childhood Abuse and Neglect and Adult Criminal Behavior
For years there has been a plethora of research and reporting about the links between an an abused and neglected child, and the criminal behavior of these children when they become adults. In other words; do abused children become abusive adults. The article, ”An Update on the 'Cycle of Violence'” written by Cathy S. Wisdom and Michael G. Maxfield, tackles the issue and found that victimized children have a greater risk of being arrested for a violent crime than children who were not victimized.
The research upon which the conclusions have been drawn is made up of two groups of individuals: Those who have been abused and those who have not. Arrest records of abused and non abused were compared on various levels. The study is based upon research where the children who were processed by the courts for cases of childhood abuse or neglect between 1967 through 1971 were tracked. The results drawn were tallied up until 1988. This article updates the study and extends the research to 1994. What the research reveals is both startling and not surprising at the same time.
Some of the more pertinent statistics that have been drawn:
“Being abused or neglected as a child increased the likelihood of arrest as a juvenile by 59 percent; as an adult by 28 percent; and for a violent crime by 30 percent.” (Widom and Maxfield, p. 1”)
An interesting point made is that maltreated children were younger at the time of their first arrest and committed nearly twice as many offenses and arrested more frequently. The children who had been physically abused tended to wait longer to commit violent crimes and more of them than any other group.
The breakdown of the statistics by race was disconcerting at best. Both white and black abused children were more likely to be arrested. White kids were no more likely, however, than non abused white kids to be arrested for a violent crime. In sharp contrast was the black children who were abused were shown to have a significant increase of these violent tendencies than did the non abused black children. This is where socioeconomic factors and types of households comes in. This particular statistic is the one that suggests that much of the data might be off; or at least, doesn't tell the whole story.
There are two problems in this study. One is that the study does not consider children born in one parent or broken households compared to children born in stable, married two parent households. This, alone, is a huge game-changer: Children born into one parent households are significantly more likely to end up in prison. In fact, seventy percent of long-term prison inmates grew up in broken homes. (Horn, Bush, “Fathers, Marriage and Welfare Reform) This study must separate those abused children who were born in one parent households from those that came from two parent married households. Then compare those groups with the criminal statistics.
The second problem or flaw is that black individuals are more likely to be arrested and convicted of crimes than are their white counterparts. For black individuals, it is a catch 22: There are more blacks per capita in prison than whites. So officers and jurors, armed with this fact, find probable cause and guilt more easily for blacks. So more blacks are sent to prison than whites. The cycle goes on and on. More blacks are arrested and found guilty than whites and more blacks are in prison than whites. It is hard to shake the prejudices of the past; and even more difficult to ignore the natural tendency to lean on preconceptions about blacks. This fact, alone, skews the results to this study.
Even if the prejudice and the one-parent households had no influence on the results, the rub lies in the fact that there is the same proportion of abused and neglected children and controls with juvenile arrests and violent juvenile arrests that ended up having like arrests as adults.
The most notable statistic is the fact that of those children who were just sexually abused were significantly less likely to be arrested for a violent offense than were children who were not abused in any way. The explanation may be that the more passive the child, the higher risk of sexual abuse. Hence, because they are passive, they tend not to commit violent crimes which are rooted in aggression.
Finally, the article points to the eye-opening and encouraging statistic that shows childhood abuse and neglect had no apparent effect on the continuation of juvenile offending into adulthood. (Widom and Maxfield, p. 5)
The article concludes, and I agree that “cchildhood victimization increased the risk of being arrested for a violent crime but it may best be viewed as one among a constellation of risk factors.” (Ibid at p. 7)
C.S. Widom and Michael G. Maxfield, “An Update on the “Cycle of Violence,”National Institute of Justice, Research in Brief, (February, 2001).
The Legal Beagle, from “The Garbage Generation,”(July 1984).
Wade F. Horn and Andrew S. Bush, Hudson Institute. “Fathers, marriage and welfare reform.” (January 1, 1997).
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Constitutional Rights of Victims vs. Abusers
The prevention of violent crime, or any crime is paramount to society. The sexual perpetrator is among the gravest of concerns, given the irrefutable harm that these offenses cause victims and the fear they generate in the community. Sexual crimes against children are especially heinous because children do not have the ability cognitively to understand what is being done to them when they are molested by the offenders. Most disconcerting is the fact that sex offender is driven to commit sex acts on the innocent like a starving lion is driven to catch its prey so it can eat. This paper sets out to explore mandating treatments for the offender both in prison and when they emerge back into society, to present arguments concerning the benefit of treatments, and to understand the Constitutional implications of mandated treatment programs.
Mandating Sex Offender Treatment Programs.
There are arguments both for and against mandating rehabilitation. Many studies suggest that the recidivism rate for those who participated in rehabilitation was lower than those who did not participate. But the research seems to vary quite a bit with many different dynamics not being considered. The two big problems in determining recidivism are:
1) Only a very small percentage of those who are victims of sexual abuse ever report it.
The National Crime Victimization Surveys (Bureau of Justice Statistics) conducted in 1994, 1995, and 1998 indicate that only 32 percent (one out of three) of sexual assaults against persons 12 or older are reported to law enforcement. And the statistics for boys who are abused by men are especially grim. Abused boys do not report abuse because they are embarrassed, ashamed and sometimes to young to understand it all so they sometimes wait 30 years before getting counseling or telling anyone. This can flaw results when trying to measure the effectiveness of treatment. This we do know: the abuser leaves in the wake of his crimes destroyed human beings who have been stripped of their dignity.
2) Statistics suggest that most sex offenders who are caught for the fist time or so have committing dozens of sex crimes before ever getting caught. This also makes it difficult to determine how well treatment programs work. Research using information generated through polygraph examinations on a sample of imprisoned sex offenders with fewer than two known victims (on average), found that these offenders actually had an average of 110 victims and 318 offenses (Ahlmeyer, Heil, McKee, and English, 2000). Another polygraph study found a sample of imprisoned sex offenders to have extensive criminal histories, committing sex crimes for an average of 16 years before being caught (Ahlmeyer, English, and Simons, 1999).
Statistics that are Available Reveal Treatment Works and Should be Mandated.
The good news is even though findings could be flawed, most studies do show that treatment is positive. One set of results indicated that sex offenders who participated in relapse prevention treatment programs had a combined rearrest rate of 7.2 percent, compared to 17.6 percent for untreated offenders. (Alexander 1999)
Additionally, Barbaree and Marshall (1988) found those who participated in treatment had a recidivism rate of 18 percent over a four-year follow-up period, compared to a 43 percent recidivism rate for the nonparticipating group of offenders. Armed with these findings, treatment seams to be a positive for everyone involved. This treatment should be continued after release, but at the cost to the abuser. To require states to pay for rehabilitation places the punishment on the tax-payers.
Is Mandated Treatment for Sex Offenders a Violation of their Constitutional Rights?
Convicted Sex Offenders have waived their liberty when they commit unspeakable sex acts with both adults and children. The entire purpose of the Department of Corrections (DOC) is to punish and rehabilitate offenders. When an offender goes to a correctional facility, he has lost the right of freedom. This means he mandated to submit to authorities in prison. For example, prison mandates the offender to eat the meals prepared for him (meaning he can not demand different food), he must wear what clothes are provided, he must sleep on a bed with sheets, blankets, pillows provided, he must use the bathroom in an open space for all to see, and the list goes on and on. Mandating counseling is no different. If anything, sex offenders have too many protections: free housing with free food, free board, free cable, free library and education programs, free access to exercise, free electricity; free counseling, free health care.
Alexander, M.A. (1999). Sexual offender treatment efficacy revisited. Sexual Abuse: A Journal of Research and Treatment, 11 (2), 101-117.
Ahlmeyer, S., Heil, P., McKee, B., and English, K. (2000). The impact of polygraphy on admissions of victims and offenses in adult sexual offenders. Sexual Abuse: A Journal of Research and Treatment, 12 (2), 123-138.
“An Audit Report on Selected Rehabilitation Programs at the Department of Criminal Justice.” Texas State Auditor. March 2007. Report No. 07-026. Retrieved Oct 20, 2009. http://www.sao.state.tx.us/reports/main/07-026.html
Barbaree, H.E. & Marshall, W.L. (1988). Deviant sexual arousal, offense history, and demographic variables as predictors of reoffense among child molesters. Behavioral Sciences and the Law, 6 (2), 267-280.
"pedophile" (n.d.)". The American Heritage Dictionary of the English Language, Fourth Edition. 2008-05-06.
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Pre-Sentence Investigation Reports
Pre-Sentence Investigation Reports have been, and still are, a source of debate in the world of criminal law and procedure. A Pre-Sentence Investigation Report (PSIR) is an investigatory report on the history of a defendant before the judge sentences the individual convicted of a crime. The supporters of the use of the report defend the use of the report by claiming that the report is supposed to aid the judge by giving the judge any information about the defendant, both aggravating and mitigating, that the judge could use when sentencing the defendant. The critics of PSIR believe that it is essentially allowing the judge to circumvent the rules of law and evidence, which specifically are there to protect the defendant from the possibility that a judge or jury would be more apt to find him guilty, or supply a harsher punishment based upon past indiscretions and hearsay. This paper sets out to analyze the pros and cons of these reports.
The Case for the PSIR.
The supporters of the PSIR hold that the strength of using these reports is that the reports fulfill a plethora of purposes, and are often likened to the recommendations that are written by clerks for judges to use when sentencing individuals who have been convicted of a crime. The genesis and the original intent of the use of the report dates back a century and a half. In the 1840s, John Augustus campaigned for those who had been convicted of crimes, and suggested that sentencing all criminals for the same crime the same way was unfair because some of the defendants had sketchy pasts while others were good men who fell into a bad way. It was meant to provide fairness for defendants who did not deserve harsh punishments.
Modernly, these reports provide an organized document, or dossier, of the criminal's past and present, criminally and civilly speaking. It puts into one document all of the essential information on a criminal so that those who rely upon the information therein will have everything they need when dealing with the defendant within one document, rather than having to piecemeal information from various documents and individuals. It makes the entire process more organized and efficient. The report contains both legal and extralegal information, including defendant's criminal history, plea bargains, custody status, pending cases, gang affiliations, substance abuse history, health, finances, education, employment, marital status, military past, and any other things that would help in the administration of the process concerning the individual who is convicted.
The Federal Rules of Criminal Procedure rule 32 deals with the PSIR. The rule gives guidelines for the report, including what the report must contain, why the report is used, what factors to use, etc. Modernly, the report goes hand in hand with codified sentencing guidelines. The goal is to help the court determine an appropriate sentence for each defendant, specifically.
The report is also used to best determine, for the Corrections Departments, what institution a defendant should carry out his sentence, when defendant will be eligible for parole, what programs or services will best reeducate and rehabilitate defendant, and to calculate a release date and any other special needs or considerations that deal specifically with each defendant.
The Case Against the PSIR.
The biggest problem with the PSIR, and its biggest weakness, is that it takes into account information based on hearsay, conjecture, and a host of other non-factual, unprovable and legally inadmissible material. Although the original intent was to protect the defendant, it has modernly evolved into a loophole to the law which enables anyone involved in the legal process to know basically every single aspect, true or not, of any given defendant. It is ripe with misuse. There is a reason why there is a body of law called Evidence. There is a reason why some evidence is inadmissible in court. There are rights constitutionally given to all individuals that protects them from government-bullying and government intrusiveness into an individual's life. The right to privacy is paramount. The article, “Down the Rabbit Hole” in the “For the Defense” publication written by Russ Born (April 18, 2000) best summarizes the problem with the PSIR:
“Generally, the state (or judge) seeks to rely on extremely subjective, hearsay-laden documents such as police reports and pre-sentence reports as 'evidence' that the defendant committed a 'violent' crime. In other words, they attempt to “go behind” the prior conviction by looking at the alleged facts of the crime to determine whether the crime was 'violent'. This practice violates due process. Moreover, this practice will inevitably lead to "ad hoc mini-trials" concerning prior offenses that have long since gone stale.”
The most balanced approach to dealing with the strengths and weaknesses of each side is to forge a strict guideline with both sides considered. A sort of revamping the system to best comport modernly with the laws of the land. Once a defendant is indicted, he is already at a disadvantage in that it is the state and its people, or the U.S. and its people against named defendant. The title of criminal cases, alone, are enough to overwhelm any defendant. The law needs to eliminate the non-facts from these reports and must preserve the rights of all citizens, guilty or not, as stated in the Constitution.
"The History of the Presentence Investigation Report". Center on Juvenile and Criminal Justice. Retrieved February 2, 2007
"Federal Rules of Criminal Procedure - Rule 32 (LII 2009 ed.)"
Law.cornell.edu. Retrieved 2010-03-18.
Leanne F. Alarid and Carlos D. Montemayor (March., 2010), Attorney Perspectives and Decisions on the Presentence Investigation Report: A Research Note, 21, Criminal Justice Policy Review
Russ Born, (April 2000) Down the Rabbit Hole, Special Proposition 200 Issue, For the Defense, Volume 10, Issue 4. Retrieved from:
Michael G. Santos, Understanding Pre-sentence Investigation Reports, PrisonerLife.com (October 28, 2001). Retrieved from:
Based on your readings and research, in a 2 page paper, using APA style formatting, explain the sociological, political, and economic catalysts for prison violence.
Thank you very kindly for all of your help.
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Family Environment as a Predictor of Adolescent Delinquency
Researchers have sought out answers for the increasing rate of delinquencies among the youth. Many factors have been suggested to have correlative and/or causal links to delinquency. Webber (1997) has suggested that these factors can essentially be reduced to three fundamental factors: societal, individual, and/or family.
Purpose of the Study
The purpose of this the article about family environment and adolescent delinquency is to the research and analyze the relationship, if any, between family environment and adolescent delinquency. The study focuses on family cohesion, adaptability and family status. The study found that there was a relationship between family environment and adolescent delinquency. A deeper analysis (based on the data), was undertaken to assess underlying relationships between family status and the two components of the interactionist model (adaptability and cohesion.). For nontraditional families, there was a significant relationship between delinquency and cohesion. Not so for traditional two-parent married households.
Adolescents participated via a study that used self-report data. Specifically, the article notes that “One hundred twenty-seven 9th graders at a medium-size rural public high school completed the FACES III, the modified Self-Report Delinquency Scale, and a short demographic questionnaire. Parental permission was obtained, confidentiality was assured, and all subjects were treated according to APA ethical guidelines.” The study and analysis only involved the adolescents, not the parents or guardians. Hence, the results are from an adolescent the perspective.
The results revealed that for nontraditional families, there is a relationship between family cohesion (family environment) and the development of delinquent behavior. For traditional families, conversely, there was found to be no significant relationship between delinquency and either cohesion or adaptability.
The aforementioned results are not new for the subject matter. Many studies have been done over the years that support the findings. Among those listed in the article are the Rosenbaum (1989) findings states that adolescents who have a strong bond with their parents are less likely to be delinquent.; Flannery et al (1990) found a lack of parental supervision after school places adolescents in a higher risk of delinquency; both Featherstone et al (1993) and Cashwell and Vacc (1996) found two parent intact traditional families with healthy communication and cohesiveness reduces risk of delinquent behavior more than children from less traditional families.
Modernly, these findings still test true, and in fact have gotten worse. A recent study found, of homes where there is no father: 63% of youth suicides are from fatherless homes as are 90% of homeless and runaway children; 85% of children with behavior disorders, 80% of rapists, 71% of high school dropouts, 70% of youths in the state-operated institutions, 85% of youths in prison ...just to name a few, all come from fatherless homes.
Children have not the mental capacity or development to discern and to act with self-control as can an adult. Proper behavior is taught, mainly through modeling right behavior. The number of delinquencies is at a pandemic rate of growth and seems to go hand in hand with the divorce rate and the out-of-wedlock birth rate...but that is politically incorrect to point out. Again, with no stable two-parent homes, there is a lack of discipline, supervision, modeling of good behavior. This article solidifies the finding that kids are rapidly deteriorating. However, the article sanitizes the issue and tends to ignore this elephant in the room. It uses the term “increased risk” to mean growing pandemic of lost kids, and uses the term “non-traditional homes” rather than articulating that the problem (the elephant) is broken, unstable homes that produce helpless, hurting, angry and sad kids desperate to feel loved and a sense of belonging. But the article is a good start in the right direction.
Cashwell, C. S., & Vacc, N. A. (1996). Family functioning and risk behaviors: Influences on adolescent delinquency. School Counselor, 44, 105-114.
Parenting Statistics. Dad’s World, 2007. Web. 9 Feb. 2010. <http://www.dadsworld.com/parenting-statistics/importance-of-fathers.html.>
Featherstone, D. R., Cundick, B. P., & Jensen, L. C. (1993). Differences in school behavior and achievement between children from intact, reconstituted, and single-parent families. Family Therapy, 20, 37-48.
Flannery, D. J., Williams, L. L., & Vazsony, A. T. (1999). Who are they with and what are they doing? Delinquent behavior, substance use, and early adolescents' after school time. American Journal of Orthopsychiatry, 69, 247-253.
Rosenbaum, J. (1989). Family dysfunction and delinquency. Crime and Delinquency, 35, 31-44.
Webber, J. (1997). Comprehending youth violence. Remedial and Special Education, 18, 94-109.
http://thefatherlessgeneration.wordpress.com/statistics/-(US Dept. Of Health/Census)
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Risk and Protective Factors of Child Delinquency
Risk factors for child delinquency operate in several domains: the individual child, the child’s family, the child’s peer group, the child’s school, the child’s neighborhood, and the media. Most professionals agree that no single risk factor leads a young child to delinquency
Risk Factors that are most significant in terms of victimization and delinquency.
Although some risk factors are common to many child delinquents, the patterns and particular combination of risk factors vary from child to child. early on in a child’s life, the most
important risks stem from individual factors (e.g., birth complications, hyperactivity, sensation seeking, temperamental difficulties) and family factors (e.g., parental antisocial or criminal behavior, substance abuse, and poor child-rearing practices
The risk factors for child delinquency discussed in this Bulletin are categorized into four groups: (1) individual, (2) family, (3) peer, and (4) school and community:
● Early antisocial behavior
● Emotional factors such as high
behavioral activation and low
● Poor cognitive development
● Low intelligence
● Family violence
● Parental psychopathology
● Familial antisocial behaviors
● Teenage parenthood
● Family structure
● Large family size
● Association with deviant peers
● Peer rejection
School and community factors
● Failure to bond to school
● Poor academic performance
● Low academic aspirations
● Living in a poor family
● Neighborhood disadvantage
● Disorganized neighborhoods
● Concentration of delinquent
● Access to weapons
Risk factors that are least significant in terms of victimization and delinquency.
Frequent disciplinary interventions were linked with more disruptive behavior; conversely pupil behavior was better when teachers used ample praise
Teachers who spotted disruptive behavior early and dealt with it appropriately and firmly with the minimum of interference had good results and did not lose students’ attention
High expectations meant good academic performance and good behavior
Tasks of responsibility given to children resulted in better behavior
Students were affected negatively by poorer teacher role models and positively by good teacher role models
It is important that all children have some success and positive feedback, but it must be genuine
When staff acted together in the areas of what was taught (curriculum) and how students were governed (behavior), there was better attendance and better behavior.
Protective factors that are most significant.
Prosocial behavior in early development, such as sharing and helping, stable home environment, good relationship between child and parent(s), likes school:Best Practices: Primary Intervention Conflict resolution trainingparent traininghome maker visits for at risk familiesafter school programsmentor programsWraparound case management services that encompasses all areas of a child's support systemMulti systemic therapy: intensive home-based therapyBoy Scouts/Girl Scouts (promotes leadership and ethics)Big Brothers/Big Sisters (strengthens relationships)Boys and Girls Club (promotes academic achievement and community)Medications for severe emotional disorders
Protective factors that are least significant.
Best Practices: Secondary and Tertiary Interventions Reducing contact with peers associated with delinquency and encouraging contact with prosocial peersEarly offender programs, specific to regional areas
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Parental Liability for Child's Violent Crimes
Discussion By: Your Name
For years there has been a debate on whether parents/guardians should be held responsible when a juvenile commits a violent crime. As with every other complicated questions in life, especially legal questions, the answer is often, “It depends.” For the sake of this discussion, the term parent will encompass legal guardian as well.
Suffice it to say the answer will not be “yes” or “no.” It is easy for the legal system to shirk responsibility by blaming everything on the parent. In fact it is trendy. But it is neither legal, not logical to do so. This is where the lazy social workers must put down their lattes, roll up their sleeves, and do some research and analysis. With that in mind, the answer to the question of parental liability can only be studied by breaking the elements of the question down into categories: age,actus reas/mens reas, zero tolerance policies gone awry, recidivism, identity of guardian, home life, intellectual capability of child offenders, and any other factors that are relevant to the topic.
The acts of a 5 year old obviously going to be analyzed differently than the same act by a 17 year old. (That point, alone, is enough to exemplify why there is no easy “yes” or “no” to the underlying question of parental liability.) For example, a five year old who goes into the store with his mommy who asks his mommy for a candy bar, and when she says no slips the candy into his pocket is not the same as if a 17 year old comes into the same store and slips candy into his pocket because he has no money or just wants to look cool in front of his friends. The crime is the same. The criminal intent, conversely is as different as black is from white. The five year old probably didn't take his afternoon nap and is grumpy, the 17 year old is clearly defiant. To charge the parent is irrational because the law must be consistent, and there is clearly no consistency in this situation.
Mens rea/actus rea
Legally, in order for a crime to be committed, the actor must have both mens rea, criminal intent, and actus rea, criminal act. Taking the example from the age category, in either case, if the parent is held liable for the act of stealing, then the charge will be challenged on the basis and well established law that requires that in order to be guilty of a crime, the actor must have criminal intent and a criminal act. The parent in neither case had either. Hence, it is legally impossible to charge the parent for the crime.
Zero tolerance policies gone awry.
Many schools have gone completely insane when it comes to their zero tolerance policies. There are countless situations where children have been arrested for clearly crazy reasons. To name a few:
a five year old was arrested for sexual assault when he allegedly tagged another student on or near the other student's groin area. There was no one to corroborate the victim's claims. Here is a top 19 list of crazy arrests of kids:
#1 At one public school down in Texas, a 12-year-old girl named Sarah Bustamantes was recently arrested for spraying herself with perfume.
#2 A 13-year-old student at a school in Albuquerque, New Mexico was recently arrested by police for burping in class.
#3 Another student down in Albuquerque was forced to strip down to his underwear while five adults watched because he had $200 in his pocket. The student was never formally charged with doing anything wrong.
#4 A security guard at one school in California broke the arm of a 16-year-old girl because she left some crumbs on the floor after cleaning up some cake that she had spilled.
#5 One teenage couple down in Houston poured milk on each other during a squabble while they were breaking up. Instead of being sent to see the principal,they were arrested and sent to court.
#6 In early 2010, a 12-year-old girl at a school in Forest Hills, New York was arrested by police and marched out of her school in handcuffs just because she doodled on her desk. “I love my friends Abby and Faith” was what she reportedly scribbled on her desk.
#7 A 6-year-old girl down in Florida was handcuffed and sent to a mental facility after throwing temper tantrums at her elementary school.
#8 One student down in Texas was reportedly arrested by police for throwing paper airplanes in class.
#9 A 17-year-old honor student in North Carolina named Ashley Smithwick accidentally took her father’s lunch with her to school. It contained a small paring knife which he would use to slice up apples. So what happened to this standout student when the school discovered this? The school suspended her for the rest of the year and the police charged her with a misdemeanor.
#10 In Allentown, Pennsylvania a 14-year-old girl was tasered in the groin area by a school security officer even though she had put up her hands in the air to surrender.
#11 Down in Florida, an 11-year-old student was arrested, thrown in jail and charged with a third-degree felony for bringing a plastic butter knife to school.
#12 Back in 2009, an 8-year-old boy in Massachusetts was sent home from school and was forced to undergo a psychological evaluation because he drew a picture of Jesus on the cross.
#13 A police officer in San Mateo, California blasted a 7-year-old special education student in the face with pepper spray because he would not quit climbing on the furniture.
#14 In America today, even 5-year-old children are treated brutally by police. The following is from a recent article that described what happened to one very young student in Stockton, California a while back….
Earlier this year, a Stockton student was handcuffed with zip ties on his hands and feet, forced to go to the hospital for a psychiatric evaluation and was charged with battery on a police officer. That student was 5 years old.
#15 At one school in Connecticut, a 17-year-old boy was thrown to the floor and tasered five times because he was yelling at a cafeteria worker.
#16 A teenager in suburban Dallas was forced to take on a part-time jobafter being ticketed for using foul language in one high school classroom. The original ticket was for $340, but additional fees have raised the total bill to $637.
#17 A few months ago, police were called out when a little girl kissed a little boy during a physical education class at an elementary school down in Florida.
#18 A 6-year-old boy was recently charged with sexual battery for some “inappropriate touching” during a game of tag at one elementary school in the San Francisco area.
#19 In Massachusetts, police were recently sent out to collect an overdue library book from a 5-year-old girl.
Kind of makes it difficult to hold parents responsible for outlandish and illegal arrests of their children.
A child who has time and time again been delinquent and been involved with a criminal act is more dangerous than one who has only one or two counts of criminally violent behavior. The advent of the three strikes law is proof that chronic violent acts should be treated more harshly than a one or two time act.
Identity of Guardian.
This factor is obvious. A guardian who is a criminal themselves are more likely to not avoid the criminally violent behavior of their child in custody. This is a no-brainer.
Home life goes hand in hand with guardian. If a consistent juvenile criminal is violent and comes from a violent home, that is what the child knows and all the child knows. For that child, there is no choice to perform a volitional act. Violence is just as much as a reaction to them as laughing is when something is funny. The parent in know way can be held responsible, at least on the vicarious level, to be liable for their children's criminal acts because there are so many dynamics that come into play.
This factor is obvious. If a child is mentally challenged the law is required to judge that child's acts as acts of a developmentally slow child. These child juveniles, even when committing a violent crime, cannot be held to account as a child who possesses the ability to know and understand the wrongness of their behavior; and hence, the parent are similarly not liable for the special needs of the child.
Each case must be considered on a case by case basis. Do do otherwise is a travesty of the due process clause of the 14th Amendment.
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Out of the three catalysts, sociological, political and economic, economics has by far the biggest impact on prison life and hence, prison violence. The following is a brief breakdown of the factors and their impacts realistically, not theoretically on prison violence:
In the article “Social Climate and Prison Violence” by Hans Toch, PhD., it is proposed that there are two theories on prison violence: 1) The people in prison are violent by nature; and 2) Prison makes convicts violent because the convicts are just reacting to being locked up all the time. In other words, the violent prone and the reactionists (Toch, 1978). It seems that every era has its trends. Modernly, the trend is to understand how criminals react to being disrespected, and to anticipate aggressive reactions by prisoners. The proponents of the social theory conclude that understanding social conflicts, and planning for aggression, can facilitate behavioral changes such as violence in prisoners, and will help to mitigate some of the violence.
Politics just gets in the way of any real and positive growth and changes that are beneficial to the individual and the society at large. The most ridiculous rendition of crap-based political solutions come from James L. Lang's article, “About Gender-Based Violence.” He, as many talking heads do, wraps up male violence in a neat and tight little bow. He surmises that it is the patriarchal role of men that make them more violent than women. He suggests that this can be untaught. Basically, if society feminizes its men, there would be less violence.
If politics has a way to fix violence, then more people need to donate to politicians campaigns so they can stay in office and make more laws to change more people, and this goes on and on and on to ad nauseum. Using Lang's reasoning, if men who are sent to prison learn to be mommies, and are injected with estrogen and grow breasts, they just might stop being so darn violent. It is the product of men feeling pressure and licensed to act as they want, because they feel pressured by society to be personally and societally responsible father-figures. All satire aside, politicians have no place in prison, except maybe in a cell, themselves.
Economics is the biggest factor in violence in prison. The positive take on prison violence and economics is in Lance Steagall's article “The Economic Crisis As a Catalyst for Prison Reform.” He purports that the positive that has come out of the economic crisis is that because many prisons and other correctional facilities and staff have budget problems due to the economic situation, a second look has to be taken at prisoners and their violent behaviors. Steagall nails it.
The economics of prison is something most individuals, politicians and social welfare workers are probably unfamiliar with. Most think that a lack of money makes men angry. This is certainly a factor for everyone. To go a step further, prisons have gotten into the bad habit, to say the least, of profiting off of inmates. For example, the United States is the most free and opportunistic country in the world. Every day people risk their lives to sneak in. No one finds people willing to die to try to get into any other country. With that said, why then does the United States have the largest prison population in the world? It doesn't make sense. The happiest and most free people in the world are also the most criminal? But when one follows the money (past the budget problems), the money leads to a thriving business of using prison inmates as hybrid employees/indentured servants by private companies. Perhaps the anger stems from the fact that in addition to being punished for their bad decisions, they are ultimately chumps and they know it. Prisoners may be bad but they are not dumb. They are also not without a yearning for self-respect.
Unbeknownst to most people, most prisons are big money makers and most are run and owned by private companies. These companies have hit the jackpot because unlike doing business in China and Mexico and paying the workers a dollar a day, these companies do not even have to leave the country, and are accountable to no entity other than the prisons, themselves. Prisoners are not exactly credible individuals, so they will not be believed if they come forward with any grievances against the business of prison.
Of the three topics studied, social, political and economic catalysts to prison violence, economics by far has the biggest impact. Prisoners are mostly from poor homes and have never had stability. Seventy-eight percent of prisoners come from one-parent fatherless households. This kind of blows the theory that it is the patriarchal pressure that makes men violent...most prisoners being raised without fathers and all. Prisoners, like other people, struggle to make a buck. There is nothing more esteem-building and encouraging than receiving payment for a job well done. No one can take that feeling away. The business of prison seems to take every opportunity to disallow these prisoners from building their lives properly. If the prisoners are focused on rehabilitation and accomplishments, rather than on hate-oriented fear of punishment, then the businesses would lose valuable employees as a result. Less prisoners make less money.
*****, ***** &Maruna, Shadd (2009) The impact of disrespect on prisoners’ aggression: outcomes of experimentally inducing violence-supportive cognitions, Vol. 15, Issue 2-3, p. 235-250.
Lang, James, Political Connections: Men, Gender and Violence. p. 32.
Steagall, Lance. (2009). The Economic Crisis as a Catalyst for Prison Reform. http://my.firedoglake.com/lancesteagall/2009/07/14/the-economic-crisis-as-catalyst-for-prison-reform/
Toch, Hans. (1978). Social Climate and Prison Violence, p. 21. http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/fedpro42&div=63&id=&page=
Can you help me with these few questions.1. Differentiate between restorative justice and retributive justice. Provide examples2.Define and discuss the funnel effect. Be sure to include its effect on delinquency
Short Answers for: ISLNDR Due 21st February 20121. Differentiate between restorative justice and retributive justice. Provide examples: Restorative (a.) a crime is an act against the state, violation of law, an abstract idea; Restorative(b.) is rather an act against community; a. the criminal justice system controls, b. crime control lies in the community; a. Offender accountability defined as taking punishment, accountability defined as assuming responsibility and repair harm; a. crime as individual act; b. rather, crime is both individual and community responsibility; a. treats of punishment to deter and it changes behavior; b. rather, it is alone not effective and needs community support; a. victims are peripheral, b. rather victims are central; a. offender has deficit, b. he has ability to repair; a. focus on blame and guilt, b. rather, problem solving. Hence, the focus is for a. punishment, for b. restoration and community oriented.
Example: a. criminal goes to jail and pays fines; b. criminal, in addition to a., participates in repairing harm by counseling and working with victim to repair the harm.
2.Define and discuss the funnel effect. Be sure to include its effect on delinquency: Funnel effect is how crime cases are processed in your area, starting with the number of reported crimes and continuing with the proportion that result in charges, trials, guilty pleas or other dispositions, and the average amount of time that convicts spend behind bars or on probation. Its effect on juveniles is that less juveniles get stigmatized with delinquency adjudication on their record. Policy demands giving juveniles a second chance.
3. Restorative justice and retributive justice-Compare and contrast the UCR and the NCVS:
UCR: Uniform Crime Reports-collects stats from local and state law agencies on part 1 offenses; problem is only counts crimes known to police NCV-survey of victims in US. Both deal with data on crime. UCR focuses on crimes and criminals; whereas NCV focuses on victims.
4. Discuss juvenile self-report surveys, compare them to official statistics:
Unofficial survey of crime data. Data for criminologists study and do not rely on government for data. Juveniles are easier to access via school, courts, detentions, and tend to tell the truth about criminal behavior, but they can lie or not understand the questions. Hence, official stats are recorded crimes and are more reliable.
5. Discuss the importance of the refuge period:
1824-1899, reformers created separate institutions for youths such as houses of refuge, reform schools and foster homes. The importance was dealing with juveniles as offenders who strayed and have a second chance; whereas adult criminals were punished. It established the policy of helping delinquents change their lives so they can grow up as law abiding citizens, without anyone knowing of their past mistakes in their childhood. Children are held to not know and understand fully their criminal acts and hence should not be punished as adults are who have the maturity know and understand their criminal behavior.
6. Discuss the child savers—who were they and what was their philosophy?
The Child Savers were 20th Century Progressive era reformers whose intent was to mitigate the roots of child delinquency and change and also to change the treatment of juveniles under the justice system. These women reformers organized in 1909 to stem the tide of 10,000 young offenders who passed annually through the city's court system. The greatest accomplishment of the Child Savers was the creation of the first juvenile court which appeared in Chicago in 1899. This court was founded on two principles both highly advocated by the Child Savers. These two principles were formed on the basis that “juveniles were not ready to be held accountable for their actions” and “that they were not fully developed and could rehabilitate easier than adults”
7. Compare and contrast the juvenile rights period with the juvenile court period:
Juvenile Court Period started in 1899 and went through 1960. In 1899 Illinois established the First Juvenile Court. The key features were that it removed those below 16 years from adult criminal court; separated children from adults in institutions, had informal procedures and rules, used probation officers and prohibited detention for children below 12. The Juvenile Rights Period by contrast was from 1960-1980 implemented by Lyn***** ***** and his Great Society and War on Poverty. It was during the Civil Rights Era and was characterized by decriminalization, where California separated status offenses from criminal offenses in 1961; New York created new classification for non-criminal offenses; and on the Due Process prong, Ken vs U.S. required waivers for transfers and Gault resulted in a juvenile's right to counsel, right against self-incrimination and a right to confront witnesses.
8. Discuss the Gault decision and the ramifications of the decision on the juvenile justice system:
In re Gault, 387 U.S. 1 (1967), was a landmark U.S. Supreme Court decision that held that juveniles accused of crimes in a delinquency proceeding must be afforded many of the same due process rights as adults, such as the right to timely notification of the charges, the right to confront witnesses, the right against self-incrimination, and the right to counsel. The impact of this case upon the juvenile justice system is that the system started treating offenders with their Constitutional rights that all accused in the USA are afforded.
9. Discuss the provisions of the Uniform Juvenile Court Act:
In 1968 the Delinquency Prevention and Control Act was passed and it was to reform the juvenile justice system. The act provided for the care, protection and development of youths, without the stigma of a criminal label, by a program of treatment, training and rehabitation in a family environment when possible.
10. Differentiate between classical theory and positivist theories:
The classical theorists believe in the concept of free will when explaining crime. If the rewards for being a criminal are greater than the retribution it would bring then criminal behavior seems more likely. This theory would predict that extreme punishments such as flogging or death would deter people from all crimes.
By contrast, the positivist theories discount the role of free will; instead it takes into account factors such as genetic transmission, personality, learning and moral development. The sociological perspective is also taken into account. Emphasis is placed on anomie (a lack of moral standards in society) and strain resulting from poverty imposed by a rigid class structure. Strategies to reduce crime would involve treatment at an individual level or intervention at a social level.
11. Discuss the two theories that exist to explain the purpose of the law:
The purpose of the law was two fold: first to implement programs that could reteach or rehabilitate juveniles in the way they should go; second, to punish juveniles with an emphasis on directing them to right and civil behavior and providing incentives and role-models for the pursuit of such civil living.
112. Discuss whether any single theory provides a complete explanation?
No single theory provides a complete explanation because there are so many dynamics that go into juvenile crime. However, a bad or broken family life has been a consistent factor in both juvenile and adult crime. Hence, encouraging strong and balanced households in which to raise children is paramount.
13. Differentiate between the function of punishment according to the Durkheimian and Marxist perspectives:
First, these theorists did not see crime and punishment as aberrant, but as having the power to construct a larger social order. Thus, rather than intimately linking crime with punishment, they saw both within the context of a greater social and economic environment. Second, they were skeptical, if not outright dismissive, of the two conventional theories of penal justification. Third, all three showed an interest in the philosophical ramifications of taking seriously the historical changes in penal practices.
14. Discuss the two competing world views that have existed over the centuries. What are the important concepts of each view?
The two theories are math and God. Math says it is better to kill one man who destroys ten good people by putting them in debt, dealing dishonestly with them, etc., than to let the bad man live and thereby allowing ten more people to be hurt or destroyed. The other world view is that God is in control and every man is precious to God. We are all created in His image with the inalienable rights of life, liberty and pursuit of happiness. The importance of the math view is that it may keep certain evils from growing, spreading and ultimately taking over the society. The importance of the God view is that God forgives, and man can be rehabilitated of his crimes.
15. Discuss the key aspects of adolescent development:
Adolescents experience a growth spurt, which involves rapid growth of bones and muscles. This begins in girls around the ages of 9-12 and in boys around the ages of 11-14.
increased sweating especially under arms
growth of pubic and underarm hair, and facial and chest hair in boys
changes in body proportions
masturbation and fantasies about sexual intimacy
in boys, enlargement of testicles, erections, first ejaculation, wet dreams, deepening voice
in girls, breast budding, increased vaginal lubrication and the beginning of the menstrual cycle
See ReCAPP's edition on Puberty for more information on changes that occur during puberty.
The physical changes of early adolescence often lead to:
New responses from othersIn response to these physical changes, young adolescents begin to be treated in a new way by those around them. They may no longer be seen as just children, but as sexual beings to be protected — or targeted (Get Organized: A Guide to Preventing Teen Pregnancy, 1999). They face society's expectations for how young men and women "should" behave.
New concern with physical appearance and body imageBoth adolescent boys and girls are known to spend hours concerned with their physical appearance. They want to "fit in" with their peers yet achieve their own unique style as well.
Many adolescents experience dissatisfaction with their changing bodies. Weight gain is a natural part of puberty, which can be distressing in a culture that glorifies being thin. In response, some adolescents begin to diet obsessively. About 20% of all females aged 12-18 engage in unhealthy dieting behaviors. Some of these adolescents develop eating disorders such as anorexia nervosa or bulimia.
Risk factors for girls developing eating disorders include:
poor coping skills
childhood physical or sexual abuse
early sexual maturation
perfectionism (American Psychological Association, 2002)
For more information on body image and eating disorders, see ReCAPP's edition on Body Image.
A dramatic shift in thinking from concrete to abstract gives adolescents a whole new set of mental tools. They are now able to analyze situations logically in terms of cause and effect. They can appreciate hypothetical situations. This gives them the ability to think about the future, evaluate alternatives, and set personal goals. They can engage in introspection and mature decision-making. As a result of their growing cognitive abilities, most developing adolescents will:
Become more independent.
Take on increased responsibilities, such as babysitting, summer jobs, or household chores.
Shift their school focus from play-centered activities to academics.
Begin to consider future careers and occupations.
Look to peers and media for information and advice.
Begin to develop a social conscience: becoming concerned about social issues such as racism, global warming and poverty.
Develop a sense of values and ethical behavior: recognizing the value of traits such as honesty, helpfulness, caring for others.
As adolescents begin to exercise their new reasoning skills, some of their behaviors may be confusing for adults. It is normal for them to:
Argue for the sake of arguing.
Jump to conclusions.
Constantly find fault in the adult's position.
Be overly dramatic.
Adolescents are faced with the large task of establishing a sense of identity. The new cognitive skills of maturing adolescents give them the ability to reflect on who they are and what makes them unique. Identity is made up of two components (American Psychological Association, 2002):
Self-conceptThe set of beliefs about oneself, including attributes, roles, goals, interests, values and religious or political beliefs
Self-esteemHow one feels about one's self-concept
The process of developing a sense of identity involves experimenting with different ways of appearing, sounding and behaving. Each adolescent will approach this exploration in his or her own unique way.Adolescents must also develop relationship skills that allow them to get along well with others and to make friends. The specific skills that they need to master as part of their emotional development include:
Recognizing and managing emotions.
Learning to resolve conflict constructively.
Developing a cooperative spirit.
16. Differentiate between the five risk factors:
By the age of 21 years, 28·8% of the sample reported having thought about killing themselves and 7·5% reported having made a suicide attempt. The childhood profile of those at greatest risk of suicidal behavior was that of a young person reared in a family environment characterized by socio-economic adversity, marital disruption, poor parent–child attachment and exposure to sexual abuse, and who as a young adolescent showed high rates of neuroticism and novelty seeking. With the exception of the socio-economic and personality measures, the effects of childhood factors were largely mediated by mental health problems and exposure to stressful life events during adolescence and early adulthood. Mental health problems including depression, anxiety disorders, substance use disorder, and to some extent conduct disorder, in addition to exposure to adverse life events, were significantly associated with the onset of suicidal behaviors.
Findings support a life course model of the aetiology of suicidal behavior in which risk of developing suicidal behavior depends on accumulative exposure to a series of social, family, personality and mental health factors.
17. Discuss the characteristics of a healthy family:
Family communication on a regular basis; family dinners together; family interaction; family encouragement; parental involvement in student's activities; parental support for failures; sibling support system at school; strong faith and values taught in the home; purposeful self-esteem builders by parents.
18. Discuss the three developmental pathways to delinquency to include the behaviors associated with each:
Three pathways we hypothesized in our previous work: (a) An Authority Conflict Pathway prior to the age of 12, that starts with stubborn behavior, and has defiance as a second stage, and authority avoidance as a third stage; (b) A Covert Pathway that starts with minor convert acts, has property damage as a second stage, and moderate to serious delinquency as a third stage; and (c) An Overt Pathway that starts with minor aggression, has physical fighting as a second stage, and violence as a third stage.
19. Discuss the two most serious consequences for children who live in poverty:
The most well-documented effect of childhood
poverty is on educational achievement. The lack of educational
achievement has a cascade effect on children’s life
chances because those who grow up poor have lower
literacy rates, higher rates of dropping out, and higher
delinquency rates. Research shows very clearly that
illiteracy is strongly correlated to delinquency and criminal
behavior. Another major consequence of poverty is that
low income often leads to residence in extremely poor
neighborhoods characterized by social disorganization and
few resources for child development.
Other well-documented effects of child poverty are
on nutrition and health. Research shows clearly that poor
children experience diminished physical health. While few
children in America actually starve, nutritional deficits
have marked effects on the growth, eventual height, and
possibly cognitive development of children raised in
poverty. Poor children suffer from emotional and behavioral
problems more often than nonpoor children, although
these effects are less strong than the effect of poverty on
20. Differentiate between the three levels of child maltreatment:
primary prevention programs, directed at the general population (universal); secondary prevention programs, targeted to individuals or families in which maltreatment is more likely (high risk); and tertiary prevention programs, targeted toward families in which abuse has already occurred (indicated)
Distinctions among primary, secondary, and tertiary prevention do not necessarily reflect the way prevention-related services are actually organized and provided. Rather than sorting prevention initiatives into mutually exclusive categories, prevention is increasingly recognized as occurring along a continuum. A comprehensive system of care for improving outcomes for children and families needs to include strategies that coordinate resources across the entire continuum, from primary to secondary to tertiary prevention.
21. Compare and contrast federal and state child neglect and abuse laws:
The Federal Child Abuse Prevention and Treatment Act (CAPTA) (42 U.S.C.A. § 5106g), as amended by the CAPTA Reauthorization Act of 2010, defines child abuse and neglect as, at minimum:
"Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation"; or
"An act or failure to act which presents an imminent risk of serious harm."
This definition of child abuse and neglect refers specifically to parents and other caregivers. A "child" under this definition generally means a person who is younger than age 18 or who is not an emancipated minor.
All States have enacted laws and policies that define State roles and responsibilities in protecting vulnerable children from abuse and neglect. Issues addressed in statute include mandatory reporting, screening reports, proper maintenance and disclosure of records, domestic violence, and other issues.
Reporting and responding to child abuse and neglect
Maintaining child abuse and neglect records
Protecting children from domestic violence
22. Discuss the cycle of violence. Provide an example:
The term cycle of violence refers to repeated and dangerous acts of violence as a cyclical pattern, associated with high emotions and doctrines of retribution or revenge. The pattern, or cycle, repeats and can happen many times during a relationship. Each phase may last a different length of time and over time the level of violence may increase.
It often refers to violent behavior learned as a child and then repeated as an adult, therefore continuing on in a perceived cycle.
A cycle of abuse generally follows the following pattern:
Abuse – The abuser initiates aggressive, verbal or physical abuse, designed to control and oppress the victim.
Guilt – The abuser feels guilty for inflicting abusive behavior, primarily out of a concern of being found guilty of abuse rather than feelings of sympathy for the victim.
Excuses – Rationalization of the behavior, including blame and excuses.
"Normal" behavior – The abuser regains personal control, creates a peaceful phase in an attempt to make the victim feel in the relationship.
Fantasy and planning – thinking of what the victim has done wrong how he or she will be punished and developing a plan to realize the fantasy.
Set-up – the plan is "put in motion."
Example is man who tells wife or girlfriend that if she leaves him he will kill her and her/his children. He threatens first by yelling, then hitting, beating, and ultimately inflicting serious bodily harm or death to the woman and sometimes the children.
23. Differentiate between serious, chronic, and violence delinquents:
Serious crimes are those that involve serious injury to another or a serious or grand theft of property like stealing a car or car-jacking. Chronic is characterized by the delinquent who is constantly committing petty thefts over and over again. Partly out of necessity, and partly due to habit, these offenders seem to be filling a void or necessity left by poverty. Violent delinquents are the most disturbed of teens who have grown up with violence all around them. It is characterized by drug and alcohol induced rage.
24. Discuss predictors of youth violence:
Predictors are arranged in five domains: individual, family, school, peer-related, and community and neighborhood factors. Individual factors:
v Pregnancy and delivery complications.
v Low resting heart rate.
v Internalizing disorders.
v Hyperactivity, concentration problems,
restlessness, and risk taking.
v Early initiation of violent behavior.
v Involvement in other forms of antisocial
v Beliefs and attitudes favorable to
deviant or antisocial behavior.
v Parental criminality.
v Child maltreatment.
v Poor family management practices.
v Low levels of parental involvement.
v Poor family bonding and family
v Parental attitudes favorable to
substance use and violence.
v Parent-child separation.
u School factors:
v Academic failure.
v Low bonding to school.
v Truancy and dropping out of
v Frequent school transitions.
u Peer-related factors:
v Delinquent siblings.
v Delinquent peers.
v Gang membership.
u Community and neighborhood
v Community disorganization.
v Availability of drugs and firearms.
v Neighborhood adults involved in
v Exposure to violence and racial
25. Discuss status offenses. Should status offenses be decriminalized? Justify your answer:A status offender is a juvenile charged with or adjudicated for conduct that would not, under the law
of the jurisdiction in which the offense was committed, be a crime if committed by an adult. The most common examples of status offenses are chronic or persistent truancy, running away,
being ungovernable or incorrigible, violating curfew laws, or possessing alcohol or tobacco.
There are numerous possible causes of status offense behaviors. These noncriminal behaviors are
often caused by poor family functioning or dynamics, school problems, youth characteristics or
community problems. For example, research indicates that risk factors for potential truancy include
domestic violence, academic problems, substance abuse, lack of parental involvement in education,
and chronic health problems.ii Research also indicates that many youth who run away were
physically or sexually abused at home in the year prior to their runaway episode. Family dysfunction
and drug use in the company of the child are also endangerment factors for youth who run away.
I believe some or all status offenders are dependent or neglected children. I believe status offense systems lack programs, services, or resources to help youth
and their families in critical need of assistance. I believe research in this area has linked status offense behavior to later delinquency. For example,
truancy accounts for the majority of status offense cases that come to the attention of juvenile
courts and continues to be a major problem that negatively influences the future of our youth.
Truancy has been clearly identified as one of the strongest early warning signs that youth are headed
for potential delinquency or educational failure. A 20 year longitudinal study found that truant
youth were eight times as likely to become delinquent as non-truant youth.
Here you go. Just click hereto retrieve. I have also pasted it below, but as you know the format is lost when I do that. Please review. I am working on your other paper. Good luck.
A Critique of the Gardner Case
For some reason, the American Legal System has always considered the rights of children to be less important than that of adults. For example, if a person kills and throws a baby in the trash, and another person kills and throws in the trash an adult, the one who through the baby in the trash inevitably gets less time in prison. Further, if some one kills an adult, and another kills a child, the deceased adult's death is treated as more valuable in that the legal system punishes the killers of adults with longer sentences. This criticism is appropriate. This inequity is reminiscent of how the legal system treated minorities and women when crimes were committed against them pre-civil rights. Lighter sentences were handed down for the same crime if committed against woman and minorities; harsher sentences if a crime were committed against an adult white male. The court system has worked hard to right these wrongs via civil-rights, but nothing has been done about child-rights. The American Legal System allows for correction of wrong thinking, and the correction of considering children less valuable than adults is long overdue.
Nothing speaks to this issue of inequitable rights of children more than the Gardner case. John Gardner is currently serving two life sentences back to back for the killings of 14 year old Amber DuBois and 17 year old Chelsea King. This monster was no secret to the justice system before he killed. He had been tried and convicted of the beating and molestation of a 13 year old girl in San Diego in 2000. Although the maximum sentence for such a crime was 11 years in prison, and although the court-appointed psychiatrist who treated Gardner urged the prosecution and judge to give Gardner the maximum sentence, Gardner was given just 6 years and served 5. Why?
Perhaps a child's life is less valuable than is an adult's because of the legalization of abortion. This decline in the value of life has led to more crimes against children. Since abortion was legalized in 1973, the number of reported cases of child abuse has increased by 1,497%, from 167,000 in 1973 to 2.5 million in 1991. Politicians have played a key role in this because many judges are appointed by them. Judges give lighter sentences for crimes against children, as the Judge did in the Gardner case.
Politicians are supposed to be role-models. When Barack Obama was named President, the whole world could not help but watch history in the making. But his first Executive Order as President of the United States was to remove the ban of federal money to support international organizations that use the money in part to fund abortions. How weird. That is not what we expected to be the very first Order from the very first black President; an order to facilitate tax-payer monies to be used for international abortions. What is ironic is that it is the African-Americans who are most aborted. The African-Americans represent 13 percent of the U.S. population yet represent 36 percent of abortions in the United States. The lives of African-Americans are claimed in abortions twice as frequently as they lose their lives to violent crimes, AIDS, cancer, heart disease and motor vehicle accidents combined. In 2007 the CDC reported that, although African-Americans only make up 25% of the population in New York, 49.8% of all abortions in New York are of black babies. The President thus encouraged even more genocide of African-Americans. The President is supposed to be a role model, sworn to protect the life, liberty and property of Americans. What message did Barack Obama convey when he was the only senator that voted against giving aid to a baby who survived its attempted killing? What is the most disturbing, however, is how the president recently tried to force religious institutions to pay for procedures and medications that prevents pregnancy that were against the tenants of these religions.
These political decisions impacts on how Americans value life. It is no wonder that Gardner got off with just a slap on the wrist for molesting and beating the child in San Diego. Because Gardner beat and raped a mere child, his crime was seen as not as bad as if he would have done the same thing to an adult. The aforementioned reasons in this paragraph gives strong factors to explain the decline in value of a child's life. Those factors might be the answer to the one word sentence,“Why,” at the end of the second paragraph of this essay.
This paper is not an argument for or against abortion. It is only a look into the possible genesis of potential reasons for the growing number of Americans, especially in the Legal System, who do not punish crimes against children as they should. Judges have been desensitized to the killing of children as infants, as live babies birthed three-quarters of the way, and as older children. The problem is not so much killers like Gardner. He is a sick demonic example of the scum of the earth. The problem is the Legal System not valuing children. Gardner would not have had the opportunity to kill two children if the legal system would have valued more the life of his first victim.
Gardner only got half of his potential sentence for molesting and beating a child. He was released early and not monitored post-release. He then killed more children. These killings were avoidable. The American Legal System had better evolve to protect the lives and well-being of children, in the same way it did for women and minorities during the civil rights era, before we lose even more children. Some estimate that abortion is the number one killer in America. To not conversate on this important issue is to be intellectually dishonest in every respect. (Unfortunately such topics can not be discussed objectively because both political parties in the United States have prostituted their views to whomever will contribute to their campaigns.) It is no wonder Gardner only got sentenced to half of the maximum prescribed by law. To call the Gardner case a travesty of justice and a failure to his victims is an understatement.
The Abortion Debate." 123HelpMe.com. 25 Feb 2012 <http://www.123HelpMe.com/view.asp?id=149963>.
In a 2-3 page paper, using APA style formatting, based on your reading and research, is a juvenile too too young to be charged with murder? Consider the following issues when responding to this topic:
1) Did the juvenile have the mental capacity to know right from wrong? 2) Based on the circumstances surrounding the crime, would alternative sanctions work? Will rehabilitation work? 3) What are the consequences of trying a juvenile as an adult?
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Role of Genotype in the Cycle of Violence in Maltreated Children
When reading the article, “Role of Genotype in the Cycle of Violence in Maltreated Children” it eerily brings one back to the days of Hitle,r and the Eugenics programs that stemmed from them, and crept their way into American law. Back in those days, a mere 50 years ago or so, the state was allowed to sterilize its own citizens if the government believed that the genetic make up of the individual in question has bad genes. For example, if a female had a brother with Down's Syndrome, or a sister in jail, etc., it would be evidence enough to force that female to be sterilized for the community good so that these genes would not spread and multiply. Even the churches pushed the Eugenics agenda, and this Article reeks of the dross left over from those ignorant and fascist times in America that most decent people would like to forget.
Like trying to hammer a square peg into a round hole, this article attempts to crudely and disingenuously hammer junk science into the answer to why some maltreated children become violent. The first problem is the children chosen. All boys. Boys are more likely to be aggressive because they have testosterone. For example, if a female is given the same amounts of this hormone, she, too would present more aggressive behavior. This is a well known fact. The Article fails to inform the reader if the control group against which the subjects are measured is made up of girls, boys, a combination, or is there a control group at all. Again, the Article doesn't say. So there is really no way to measure against a true cross-section of the male children.
Next, the article contradicts itself on the role of neurotransmitter-metabolizing enzyme monoamine oxidase A (MAOA) activity in maltreated boys. In the introduction, for example, the Article notes that a functional polymorphism in the gene encoding the (MAOA) was found to moderate the effect of maltreatment. But then the article on page 841 says no study has ascertained whether MAOA plays a role in lasting neurochemical correlates in human children who are maltreated, and goes on to note that deficiencies may dispose the organism towards hyperactivity...in rats. Rats bite the head off of their children if they have too many babies in one litter. They are trash-eating, baby-killing rodents and snake food. .Rats are not exactly as effected by maltreatment as childhood as are humans. A study exploring the biological impact of maltreatment must be on animals who need and are wired to need loving responsible parenting. If the study was testing the effect of a chemical on the immune system and used rats, it would be understandable because that study, unlike the MOAO study, involves no emotions.
The Article is a bit confusing, as well. It points out that children with low MOAO may dispose the organism toward neural hyper reactivity to threat. But which came first, the chicken or the egg? Does maltreatment cause deficiencies, or do deficiencies cause the maltreatment and antisocial behavior? Could the children be maltreated because they are hyperactive and antisocial more so than children who are more sedate? What about violent adults who exhibit no deficiencies? And again, what about girls? How does this effect them?
Finally, what is antisocial or violent behavior, the Article does not say. Behavior, for example of a ten year old boy in India or Iran, where boys are taught and encouraged to be aggressive and violent (hitting their wives or sisters if they are disrespectful in any way) may act much differently from a boy in America who is raised in a civilized society where all people are treated equally and have a right to be free from violence against them? A boy in Africa who hunts daily with weapons is much different than is a boy in Canada, England or America who is arrested at school if he even draws a picture of a gun or forgets on a Monday to take his squirt gun out of his backpack from the weekend swim party he attended?
What this is is a bunch of intellectual elites who are trying to sound important so that they will continue to receive grants from the federal government paid by tax-payer's money. What these so called scientists don't point out is when many of these maltreated children are put in loving, wonderful, faith filled homes they inevitably are rehabilitated-not by medicine to raise their MOAO functions, or therapy; rather by love. Love is free. The last sentence of this Article answers all of the skeptics' questions: “Both attributable risk and predictive sensitivities indicate that these findings could inform the development of future PHARMACOLOGICAL treatments.” Follow the money.
C.S. Widom, Science 224, 160 (1989).
M.K. Kelley, T.R. Howe, K.A. Dodge, J.E. Bates, G.S. Pettit, Dev. Psychopathol, 13, 891 (2001).
A.V.S. Hill, Br. Med. Bull. 55, 401 (1999).
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Is a Juvenile Too Young to be Charged With Murder
Children have not had experience of life, nor do they have the same mental and intellectual capacities as adults. Hence, it might be considered unfair to treat young children in the same way as adults. The case at bar is a perfect example of why the decision of “whether or not children who commit adult crimes should be tried as adults” needs to be decided on a case by case, and child by child basis.
1) Did the juveniles in the article, Boys Next Door have the mental capacity to know right from wrong?
One of the children, Evan, shows via his words and statements, that although he is immature, he understands right and wrong. Jake, on the other hand, is clearly a follower, and qualifies for the presumption that he is too young to understand the nature of his acts and the wrongfulness of his behavior.
As to Evan, the question of whether “he understands the charges he now faces,” his response shows that yes he did. He said, "I know it's a really high charge, I mean the highest, unless you go and do something to the president," says Evan. "Things could get really ugly, doing time in jail or prison. This ain't quite as bad as prison. But I don't like it, but see I haven't been found guilty yet or innocent or whatever. I haven't had my trial yet." He stated it was a bad crime (high crime). This shows he understands that in relation to other bad acts, the act in this case, murder, was high on the scale of the wrongfulness, both legally and emotionally, of murder.
Evan's response continued, “ If a person any age could commit that kind of crime, then I'm almost positive, I think they should be charged as an adult.” This illustrates that Evan clearly understands the consequence of wrongful acts like murder. In fact, his statements about the severity of the act in the case at bar is almost an admission and a cry for help at the same time. He said, “…Anyone who is able to commit murder has to be a little odd in the head, I guess you could say, like [Ted] Bundy, the serial killer. Yeah. He's a little odd. I know this is only one person and one person isn't a serial killer. But still, anyone can do it once, they can do it again. And I think they should be locked up for as long as they could." This is a savvy statement for a child to make because it shows that he understands that the person who commits these acts not only was wrong in doing so (which most children would know), but goes much further in his analyzation of the criminal mind involved. He very astutely stated that a person who kills is odd and should be locked up for life. Evan, based on his own behavior, at least “could” be tried as an adult, but perhaps not “should.” An argument, therefore, could be made that it would not seem a travesty of justice to hold Evan responsible for this murder.
Jake is an entirely different situation. He is small, shy and a follower. He refers to Evan as his best friend, whereas Evan explains in detail exactly where his friendship stands with Jake, and referred to Jake a “step” friend. Jake's statement shows he defines the status of the friendship based on just time spent with Even; whereas Evan's statement shows a very apt and advanced ability to analyze and judge a friendship in detail...something that most adult males can not even do.
To try Jake as an adult would be a travesty of justice. There is hope for him. Evan, on the other hand nailed it when he said someone who murders like this [murder] is odd, should be held responsible as an adult, and tried as an adult. Again, incredibly astute for a child of 12.
Jake named the book "Sniper" after the Washington, D.C., area shooters in a journal, and said they were his "idols" because "the sniper killed 13 people and they couldn't find out who it was." This is typical of a follow, idolizing what he perceives as strength. What Jake is really admiring is the guts it takes because he is so timid. This is not the makings of a murder, however.
2) Based on the circumstances surrounding the crime, would alternative sanctions work? Will rehabilitation work?
For Evan, maybe not. His response to the hypological question of “whether a kid should be tried as an adult if the kid killed in the same way that Craig was murdered,” tells a lot about Craig. Evan said, “I would give an honest opinion. If a person any age could commit that kind of crime, then I'm almost positive, I think they should be charged as an adult. But since I know I didn't, so I shouldn't." By stating in his “honest” opinion, the use of the word “honest” shows a very precocious ability to understand that his honesty is being questioned, and an advanced ability to, albeit in an immature manner, add credibility to his character knowing it is being questioned. He has a false and grandiose perception of himself that he can actually manipulate the thinking of adults by using the word “honest” and then denying his involvement of the murder. This attempt at formulating credibility for himself shows a deep neurosis, and I don't think any program would rehabilitate him.
For Jake, alternative sanctions would work. So would rehabilitation. He was definitely the weaker of the two, the submissive one. He was small, been teased at school, no doubt. He comes from a broken home. It is not unusual for such a child to be a follower, even if he follows into crime. It is Jake's weakness that caused him to follow Craig, and no doubt Craig's leadership quality. Jake did not get involved because because he was malicious. That is why Jake can be rehabilitated. His state of mind was common and understandable, and hence, can be rehabilitated.
If it is true that Jake in fact did not affirmatively participate in the beating and stabbing of Craig, then he is truly, as suspected, just a follower. There is a huge difference of the state of mind involved in taking action and killing, as Evan did, and just going along with and not having the mental and emotional (and probably physical) ability to stop a crime like this. If Jake indeed just watched, he can be rehabilitated by building up his self-esteem, restoring trust back to his life, receiving therapy to overcome and heal the damage to him by the bullying that he endured because of his size, and applying sanctions to him that facilitate this healing. In other words, the circumstances involved in this case, namely the fact that Jake was the weaker partner and a follower, shows that he is the perfect candidate for juvenile rehabilitation. He can be fixed and made whole. Poor Evan with all of his streetwise and savvy ability, is probably not so fortunate, unfortunately.
3) What are the consequences of trying a juvenile as an adult?
Prosecutor Ed Owens told 60 Minutes II that both of the boys should be tried as adults because of the violent nature of the crime – and the vulnerability of the victim. I disagree.
Are there ever occasions where kids can make a mistake and be given another chance? Is there ever a violent crime where a child can learn from it? Profit from experience and treatment, and still lead a productive life?" asks Johnson, the psychologist in that worked with the boys. I concur.
The consequence of trying a juvenile as an adult varies from case to case. Evan is a danger to society. He has an advanced understanding of murder, naming Ted Bundy, as an example. Most 12 year olds would not even know who that was, or at least not remember his full name. Jake, on the other hand poses no threat to society. As a follower, he just needs to be built up with confidence and training. If he were tried as an adult, the consequences would be devastating. He would be shamelessly and continually beat, raped and berated in prison and would probably end up killing himself.
The Children and Young Persons Act 1933 (23 & 24 Geo.5 c.12), section 50; as amended by The Children and Young Persons Act 1963 (c.37), section 16(1)
"Children in the US Justice System". Amnesty International USA)
Rebecca Leung (2007), Boys Next Door. 60 Minutes. ABC News.
Saving a generation of young people by Dr Don Brash, Justice, 2005
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To understand the different types of restorative justice, a quick look at at the two main types of justice, Retributive and restorative justice are in order. In the more Relevant differences between the two: Retributive justice is (a.) a crime is an act against the state, violation of law, an abstract idea; Restorative justice is (b.) an act against community; (a.) treats of punishment to deter and it changes behavior, (b.) rather, it is alone not effective and needs community support; (a.) victims are peripheral, (b.) rather victims are central; (a.) focus on blame and guilt, (b.) rather, problem solving. Hence, the focus is for (a.) punishment, for (b.) restoration and community oriented.
Example: (a.) criminal goes to jail and pays fines; (b.) criminal, in addition to (a.), participates in repairing harm by counseling and working with victim to repair the harm. That brings us to the discussion about the different kinds of restorative justice and what I believe is the best form presented. There are basically four different kinds of restorative justice: community building – peace building – repair building – and celebration. A quick overview is essential in understanding what form is most promising to me:
Community Building – Boyes-Watson, authored an article titled “Community is not a place but a relationship: lessons for organizational development”. She explains community not being defined by a place but the perception of personal connectedness.
Peace Building – The question asked in this form of restorative justice is, “Where might conflict rise?” For example, the #1 cause of death for people 16-24 is car crashes, so when teen drivers come in, those who emphasize Peace building focus on educating teens on this fact.
Repair Building – Circles around a specific crime or conflict. Repairing relationships for victims and their relationship to the crime, the victim to the offender.
Celebration Circles – This is a setting apart of Community from Celebration Circles. It focuses of the fact that individual offenders are already in Community. Many circles, for example, Women’s Circles, Serenity Circles, Healing Circles, are already in place and if those who seek to heal the wrongs of wrong-doers, following the teachings of Native people, and drawing from the wisdom they provide, is paramount because their world view and practices of Circle resonate with Restorative Justice.
I believe the Repair Building is the single most important aspect of Restorative Justice because it forces the wrong-doer to take responsibility for his/her acts, and exposes the wrong-doer to the consequences that have arisen from their wrong-doing. The problem, modernly, with the justice system, and hence with those who commit crimes, is that the wrong-doers are disassociated with the pain and suffering that their actions cause. Video games, and most modern movies glorify and trivialize criminal behavior. Additionally, video games actually gives points to the perpetrator who successfully scores a kill against another individual. This is a twisted understanding of human compassion. Perhaps adults can understand and appreciate the difference between just games and real life, but children who are raised with games and movies that glorify violence and death are subject to, and arguably, become a victim of, the societal degradation of compassion when it concerns the life and well-being of other individuals.
I think that the Repair Building aspect of Restorative Justice provides a system where wrong-doers are reacquainted with the impact that crimes and death have on human beings in real life. I believe there is a greater chance at facilitating an understanding of how crimes affect others, not just how crime affects their world as they know it, when Restorative Justice is implemented in rehabilitation offenders, especially young offenders.
Kris Miner, Different Types of Restorative Justice Circles and a Practitioner Perspective, Restorative Justice and Circles, (2011).
Lawrence W Sherman and Heather Strang, Restorative Justice: The Evidence, University of Pennsylvania, 200
Liebmann, M. Restorative Justice: How it Works, 2007, London: ***** *****sley Publishers, at 33.
Susan Haslip, "The (Re)Introduction of Restorative Justice in Kahnawake: 'Beyond Indigenization'", E Law, Vol. 9 No. 1 (March 2002), Murdoch University, accessed 3 June 2011.
Can you help me with this discussion, it's due on the 10. I just want you to know that you have being a very big help with my classes, I owe you great debt of gratitude. Again thank you for all of your help.
The death penalty as a punishment mechanism is applied for capital murder cases. Do you think that there are crimes where the defendant should also be considered for the death penalty, believing the punishment fits the crime? Research two other cases that sets precedence for the death penalty to support your argument regarding this issue.
These are due on the 17th can you help me with these few questions,
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Death-penalty for Non-homicide Crimes Discussion
I think that the death-penalty for a child-rapist who has committed past felonies is not a violation of a defendant's 8th Amendment rights. The reason is because when young children are raped, the act is torture because of how small they are. Hence, child-rape is torture.
There are two cases supporting the death penalty for child rapists: Both cases were reversed, however, once it reached the US Supreme Court. No one has been executed for a non-homicide crime since the death penalty was re-instated in 1976.
Coker v. Georgia: In 1977, the U.S. Supreme Court in Coker v. Georgia, 433 U.S. 584, held that the death penalty for the rape of an adult was "grossly disproportionate" and an "excessive punishment," and hence was unconstitutional under the Eighth Amendment. But the court left the question open as to if the death penalty for CHILD rapist was an 8th Amendment violation as well.Louisiana v Kennedy: Some states passed new laws allowing the death penalty for the rape of a child. In 2007, the Louisiana Supreme Court upheld the death sentence for Patrick Kennedy for the rape of his step-daughter, STATE OF LOUISIANA v. PATRICK KENNEDY (No. 05-KA-1981, May 22, 2007). Kennedy was convicted in 2003. However, Louisiana's law was struck down by the U.S. Supreme Court on June 25, 2008. This decision also held that the death penalty would be disproportionate for any offense against an individual that did not involve death of the victim.
Argument against Death-penalty for non-homicide crimes.
*A compelling argument against the death penalty for non-homicide crimes is that if you have the death penalty for Rape or kidnapping, then it is in the BEST interest of the criminal to murder his rape victim or kidnapper. After all, it eliminates a witness, and there is no effect on his sentence if caught. Having the death penalty for non-homicide crimes actually reduces the victim's chance of survival.
*Not many rich folks on death row- even for the most heinous of crimes (Menedez bros, Andrea Yates)- ***** ***** men don't get the death penalty, and pretty white women don't even go to jail!Concerning the case of Andrea Yates in Texas that murdered her children- you think that if that were a black male, or even a white poor male, in Texas, that they would have been shown the same verdict and overturn on appeal as the middle class white girl?
Argument for death penalty for non-homicide crimes:
Coker v. Georgia.
While serving several sentences for rape, kidnapping, one count of first degree murder, and aggravated assault, Erlich Anthony Coker escaped from prison. Coker broke into Allen and Elnita Carver's home near Waycross, Georgia, raped Elnita Carver and stole the family's vehicle. Coker was convicted of rape, armed robbery, and the other offenses. He was sentenced to death on the rape charge after the jury found two of the aggravating circumstances present for imposing such a sentence: that the rape was committed by a person with prior convictions for capital felonies, and that the rape was committed in the course of committing another capital felony—the armed robbery. The Supreme Court of Georgia upheld the sentence.
Kennedy v. Louisiana:
The State Supreme Court's holding supports death penalty for non homicide crimes, but the US Supreme Court reversed it. Patrick Kennedy had been sentenced to death for the crime under a 1995 Louisiana statute authorizing capital punishment for the rape of a child under the age of twelve. The Louisiana Supreme Court affirmed the conviction, finding that the petitioner's reliance on Coker v. Georgia (1977) was misplaced. In Coker, the U.S. Supreme Court barred the use of the death penalty as punishment for the rape of an adult woman, but it left open the question whether any non-homicide crimes could be punished by death consistent with the Eighth Amendment. The Louisiana Supreme Court reasoned that “children are a class that needs special protection” and therefore the rape of a child is unique in terms of the harm it inflicts upon the victim and society. After losing in the highest court of Louisiana, Kennedy appealed to the U.S. Supreme Court, stressing in his petition that he was “the only person in the United States who is on death row for a non-homicide offense.”
Kennedy v. Louisiana: The state holding supports the position for the death penalty for child rape. The facts are extremely gruesome, and rape of a child especially heinous: Patrick O. Kennedy, a man from suburban New Orleans, Louisiana, was sentenced to death after being convicted of raping his eight-year-old stepdaughter. The rape was uncommonly brutal: it tore the victim's perineum "from her vaginal opening [ ] to her anal opening. [It] tore her vagina on the interior such that it separated partially from her cervix and allowed her rectum to protrude into her vagina. Invasive emergency surgery was required to repair these injuries."
The Louisiana Supreme Court applied a balancing test set out by the U.S. Supreme Court in more recent death penalty cases, Atkins v. Virginia and Roper v. Simmons, first examining whether there is a national consensus on the punishment and then considering whether the court would find the punishment excessive. The Louisiana Supreme Court concluded that the adoption of similar laws in five other states, coupled with the unique vulnerability of children, satisfied Atkins and Roper balancing test.
Statutes allowing the death-penalty for non murder crimes are:
Although no one is on death row for the following crimes, capital offenses exist in state law for various other crimes:Treason (Arkansas, Calif., Colorado, Georgia, Illinois, Louisiana, Mississippi, Missouri, Washington)Aggravated kidnapping (Co., Idaho, Il., Missouri, Mont.)Drug trafficking (Fl., Missouri)Aircraft hijacking (Ga., Mo.)Placing a bomb near a bus terminal (Mo.)Espionage (New Mexico)Aggravated assault by incarcerated, persistent felons, or murderers (Mont.)
Federal capital statutes for non murder crimes (no one on death row).
Espionage (18 U.S.C. 794)Treason. (18 U.S.C. 2381)Trafficking in large quantities of drugs (18 U.S.C. 3591(b))Attempting, authorizing or advising the killing of any officer, juror,or witness in cases involving a Continuing Criminal Enterprise, regardless of whether such killing actually occurs. (18 U.S.C. 3591(b)(2))
Jeffrey Kirchmeier, "Casting a Wider Net: Another Decade of Legislative Expansion of the Death Penalty in the United States," 34 Pepperdine Law Review 1, 16-17 and n.86 (2006).
Coker v. Georgia, 433 U.S. 584(1977).
STATE OF LOUISIANA v. PATRICK KENNEDY (No. 05-KA-1981, May 22, 2007), at 37-56 (reviewing laws allowing the death penalty for crimes that do not involve murder).
Marion Quirk, Memo: Death Penalty - Sexual Crimes (June 13, 2006) (on file with DPIC).
Would love your help on these questions also. They are due on the 19th.
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Disparity in Sentencing of Kids
How can it be that juvenile offenders face such a disparity in sentencing state by state when the underlying philosophy and dual purpose in dealing with juveniles are the same-to give children a second chance, and to protect society. This essay sets out to list the most egregious disparities, to provide insight into juveniles who have been sentenced to life in prison, and to offer up suggestions.
Dramatic Disparities in Sentencing Juveniles.
" Procedure varies dramatically from state to state, with nuances such as age, prior record, and seriousness of the offense factored in," says ***** *****, who leads the juvenile-justice advisory committee of the National District Attorneys Association. It is unfair and unconscionable for such gross disparity of punishments for the same crimes committed by youths. The Supreme Court has held that juveniles have the right to Due Process. For there to be such a wide disparity in sentencing is a clear violation of a youth's right to have the law applied equally to each youth.
Massachusetts, for example, tries fewer than 100 juveniles as adults each year - compared with 5,000 a year in Florida. An 11-year-old is charged with stabbing a boy to death in Massachusetts and, if convicted, could serve a total of seven years in a juvenile jail; whereas a 12-year-old is convicted of beating a girl to death in Florida and faces life without parole in an adult prison. There are thousands more examples out there.
The disparity tells us that youth are not worth the special attention necessarily applicable to them given their age and experience. Their brains are not even fully developed, and as with an incompetent defendant, can not be held to the same standard as an adult. States have to make a better effort at providing guidelines for sentencing that are similar, or at least minutely consistent with one another without giving up each state's right to their sovereignty in their justice systems. When two separate children commit exact same crime, it is a clear Due Process violation for one to get life in prison and the other to get 7 years juvenile detention. Equal application of the law this is not.
The Imposition of Life Without Parole.
The imposition of life without parole sentences on young people is especially cruel because children are not mentally, emotionally or physically fully developed as are adults. It is a well known and widely accepted policy that juvenile justice is founded on the majority view that children, even those convicted of grave crimes, deserve the opportunity for second chances. There are countless studies and behavioral research that confirm what is recognized by both Federal and State laws: children do not have adult levels of judgment, impulse control, or ability to assess risks. Additionally, it is well-documented that young people who commit crimes are more likely to reform their behavior and have a better chance at rehabilitation than adults. The Supreme Court confirms this:—In Roper v. Simmons, the Court explained, “From a moral standpoint it would be misguided to equate the failings of a minor with those of an adult, for a greater possibility exists that a minor’s character deficiencies will be reformed.”
Suggestions for Change.
The United States is the only country in the world where youths are in prison for life without any opportunity for parole. The biggest irony of all is that the United States has more support systems for youth than all other countries combined. We provide welfare to ensure they eat; their health needs are cared for by any hospital with no questions asked; we pour billions of dollars into their education; we have Child Protective Services and Children Advocates; we have a stable youth rehabilitation policy with supporting programs. Why the high crime rate? When children commit crimes, most of the time it is because of the home life from which they come. 78 percent of all those incarcerated in the U.S. come from single-parent households.
Children are not solely at fault for their actions. They can not possibly be solely at fault. How is a child who can't resist a candy bar be held responsible for his acts in other areas. There is no bright line when children are of age. Each case must be handled on a case by case basis, starting in juvenile court. Children should be presumed to be an infant in legal matters. After all, a child is held to be an infant for the purposes of entering into contracts, and hence can not legally contract. There should be more consistency within the state juvenile systems, and more consistency in how juveniles are legally treated in both civil and criminal law.
Ashley Nellis, Ph.D.,(2012)The Lives of Juvenile Lifers, The Sentencing Project
John J. Conrad, Steven M. *****, *****nifer M. *****, ***** D. Hanser, (2008), Juvenile Justice: A Guide to Theory, Policy, and Practice
Kris Axtman, (Feb. 8, 2001) Kids on trial: 'justice by geography', The Christian Science Monitor,
Roper v. Simmons, 543 U.S. 551 (2005).
The Campaign for the Fair Sentencing of Youth, Tides Center.
Uniform Juvenile Court Act; chapter 27-20
What Parents Should Know About the Juvenile Justice System, Third Judicial District Court. http://www.the3rdjudicialdistrict.com/parentsjjs.htm
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The Death Penalty Abolished
Many states have abolished the death penalty. Some states came to the abolishment based on judicial and/or executive decision. The second group of states that abolished the death penalty did so based on certain provisions of the death penalty.
Abolishment based upon legislative decision.
In December 2005, the New Jersey Senate passed a one-year moratorium on executions by the state, with a commission to determine that the system is efficient and equitable. The measure was passed by the legislature on January 10, 2006.
New Jersey subsequently abolished the death penalty. The abolition vote was based on a compelling report by the New Jersey Death Penalty Study Commission that found the death penalty "inconsistent with evolving standards of decency", that there is no evidence that it "rationally serves a legitimate penological intent", as well as finding that the $72,000 cost of keeping inmates on death row exceeded the $40,000 of keeping them in prison each year, a statistics that excludes cost for public defenders assistance in filing appeals.
On December 17, 2007, following the passage of an abolition bill that passed in the General Assembly by a 44–36 margin, Governor Jon Corzine signed the bill, making New Jersey the 14th state without a death penalty and the first state to abolish it by legislative action rather than by judicial decision.
New Jersey is now the first state to repeal the death penalty since the United States Supreme Court set the framework for the modern capital punishment system in 1976. The reasoning was not due to a case, rather the reasoning pulled from the original case from the United States Supreme Court's first reasoning and holdings concerning the death penalty.
In Gregg v. Georgia, 428 U.S. 153 (1976), the court reinstated the death penalty under a model of guided discretion. New Jersey found that the discretionary process was tainted because of all of the mistakes and inconsistencies uncovered by the report mentioned above. Hence, the legislature, leaning on the Gregg case, believed that they could not in good conscience, be following the law as outlined by the Supreme Court in a state where changes were needed to ensure all defendants' cases would be free from error.
Abolishment based on death penalty provisions.
In June 2004, the state's highest court in New York ruled in People v. LaValle that the state's death penalty statute violated the state constitution. New York has had an effective moratorium on capital punishment since then. Subsequent legislative attempts at fixing or replacing the statute have failed, and in 2008 then-Governor David Paterson issued an executive order disestablishing New York's death row.
People v. LaValle, 3 N.Y.3d88(2004), was a landmark decision by the New York Court of Appeals, the highest court in the U.S. state of New York, in which the court ruled that the state's death penalty statute was unconstitutional because of the statute's direction on how the jury was to be instructed in case of deadlock. New York has since been without the death penalty, as the law has not been amended.
New York most likely based its decision based on the inconsistency of cases, and problems that have arisen in capital punishment cases. New York was fishing for reasons to abolish the death penalty. The reasoning for New York might sound different, but actually the reasoning for abolishment is based on the same concern; namely, that the guidelines for implementing the death penalty have been, and continue to be, adulterated by numerous factors that render the death penalty cruel and unusual punishment.
The debate about the death penalty is alive and well. The questions concerning its Constitutionality will no doubt be a subject of debate for years to come. The important issue to remember and to take into consideration is the varying opinions on for, and against the implementation of the death penalty. After all, the ending of an individual's life is as important as it gets.
(English) Maria Medina, « Governor OK with Astorga capital case »
"New Mexico governor bans death penalty". Agence France-Presse. March 18, 2009. Archived from the original on December 23, 2009. Retrieved 2009-12-23. "LOS ANGELES (AFP) — New Mexico Governor Bill Richardson made his state the 15th in the nation to outlaw capital punishment when he signed a law abolishing the death penalty, his office said."
"Quinn signs death penalty ban, commutes 15 death row sentences to life". Chicago Tribune. March 9, 2011. Retrieved March 9, 2011.
Richburg, Keith B. (December 14, 2007). "N.J. Approves Abolition of Death Penalty; Corzine to Sign". The Washington Post. Retrieved April 28, 2010.
"T***** *****' execution and the limits of Twitter". BBC News. 2011-09-23.
In U.S., 64% Support Death Penalty in Cases of Murder
Short Answers due: 03-17-2012
In 2007 the Bureau of Justice Statistics released nationwide statistics on the prevalence of prison sexual violence. Discuss the characteristics associated with perpetrators and victims of prison sexual violence. What are pervasive myths associated with prison sexual violence and why to they persevere? What if anything can be done to reduce this particular kind of violence in prison?
Aggressors: other studies have shown that African Americans are more likely than Whites to perpetrate cases of sexual threats and/or sexual assaults and less likely to be victims of such threats and/or assaults. Targets: Mainly white males of medium build who are single and heterosexual. According to statistics, this is the most. Younger inmates are more likely to be targets of sexual assaults than any other age group within correctional facilities. The myth perpetrated is that homosexuals are the sexual predators and most victimized. Resolutions are better training for officials, better protection for inmates, and better counseling for aggressors and targets alike.
Identify at least three distinct problems or challenges women face upon release from prison. Discuss how each of these distinct issues affect women’s ability to succeed on the outside. What if anything is the corrections system doing to address these problems?
Women face a low recidivism rate, unlike men. However, that doesn't mean they don't struggle upon release. One article put it in the best terms: Most women who are released from prison are still wearing their prison apportioned under garments. Women face serial poverty, serial unemployment and are more likely to be victimized by men and/ or on the streets. Success outside of prison is difficult when there is no money. Poverty can drive women, for example, to prostitution or selling drugs for money to survive; or worse, if they have a child to support. Similarly, unemployment forces women into bad behaviors done just to survive. No one wants to hire an ex-con. Because women are already weakened via poverty and have turned to acts that destroys their self-esteem, like prostitution, this makes for a perfect target for aggressive men to exploit and abuse. What can be done is those who have pulled themselves out of the problem need to mentor women in these poor communities. They need to speak at schools, etc. Unfortunately personal responsibility can not be legislated. So there needs to be a personal touch in assisting women, kind of like the Marjory Mason center. More people and churches need to get involved.
Name the five basic mechanisms by which inmates are released from prison. Describe each one and discuss their strengths and weaknesses. What is the impact of release mechanism on prisoners, the prison culture, and the prison staff?
Traditional considerations for parole:
– recidivism risk
– participate in prison programs
– deterioration if incarcerated longer
– retribution – sufficient punishment
– impact on family
Expiration of sentence occurs generally in jurisdictions using determinate sentencing statues, where sentence length (usually statutorily determined maximum) is determined by statue, with statutorily prescribed reductions. No conditions or supervision. Mandatory parole or supervised mandatory release occurs in jurisdictions using determinate sentencing. Inmates are conditionally released with supervision after a portion of their original sentence (usually statutorily determined minimum), minus any good time earned. Discretionary parole is used in indeterminate sentencing jurisdictions where parole boards have discretionary authority to conditionally release prisoners under supervision, based on statutory and administrative determinations. The release mechanism impacts impacts those who are in the prison system in that it is determinative of what is anticipated and expected from all offenders. It puts pressure on the other prisoners to attain the same status.
What is a civil disability? Name at least three civil disabilities convicts face upon release. How do each of these disabilities influence the possible success of a released prisoner? Which do you think is the most difficult to bear? Why? How do these disabilities affect society?
Civil Disabilities refers to a condition of a person who has had a legal right or privilege revoked as a result of a criminal conviction. A convicted criminal may be imposed with numerous civil disabilities apart from the sentence that is imposed upon him/her on conviction.
It includes denial of certain privileges like voting, holding public office, obtaining many jobs and occupational licenses, entering judicially-enforceable agreements, maintaining family relationships and obtaining insurance and pension benefits. Success for released prisoners can be difficult because the ex-con is hog-tied, as it were. Obtaining jobs is the worst because money is needed to survive. It affects everything. The negative effects on the family of the ex-con make for a very unstable and/or a complete loss of any support or love. Not being able to vote makes on feel like a nobody, with no say in how the world is run. This damages self-esteem and renders the ex-con useless in his own, and in society's opinion. This is a tough hurdle to clear. Society ends up with ex-cons who turn to crime for money, and causes law-abiding citizens to resent them because their tax-dollars go to pay for welfare for these people. The community with these kinds of problems ends up being a haven for criminals and a fear for the law-abiding. As a result, property prices plunge, and businesses fail, which causes more unemployment, which causes crime, which causes prisoners, which causes ex-cons, and the cycle goes on and on and on.
Compare and contrast the terms “delinquent child,” “neglected child,” and “dependent child.” Originally which type of child was the juvenile system intended to focus on? Which type of child does it currently focus on primarily?
A juvenile delinquent is a person who is typically under the age of 18 and commits an act that otherwise would have been charged as a crime if they were an adult; whereas where there is child neglect, and hence a neglected child where there has been a failure of a person responsible for a child’s care and upbringing to safeguard the child’s emotional and physical health and general well-being." A dependent child is not like a child who has had neglect thrust upon them, or like a child who, by their own overt act, commits a crime and thereby becoming delinquent, is a term that has legal and tax consequences. For tax purposes, dependent child means a child whom the taxpayer is claiming is one who is under the legal age of 18, and is being supported by the taxpayer; and used for the purposes of calculating a US tax-payer's federal income tax. Legally, it is a status whereby produces in the parent or caretaker a duty to care for the child.
Originally the juvenile system focused on supporting a child who has been neglected and some level and turned to delinquent behavior because of it. The court tried to, in effect, become the family support for the juvenile that they never had. Now, juvenile courts are more like punishers and avengers of wrongs, depicting the child as a danger and to be feared.
Name at least three unintended consequences of an ever-increasing prison population? Give concrete examples of each. Discuss the political and social affects of these consequences. Are they acceptable? Explain your reasoning.
It increases crime, it retards youth development, confinement policies weaken inner-city communities. Levels of imprisonment have increased fivefold since 1973, yet crime rates have not dropped proportionately during that period. The crime reducing aspects of imprison are negated by the crime enhancing ones. For example, as more people acquire a grounded knowledge of prison life, the power of prison to deter crime through fear of the unknown is diminished. Extensive reality-based experience of prisons in certain communities exponentially increases the significance of this problem. Finally, social factors known to contribute to criminality such as broken families, inequality, and social disorder increase with high rates of imprisonment, especially in certain communities.
Juvenile systems now punish, rather than rehabilitate youths. This slows their growth and development in many ways. In some communities, juvenile detention facilities are simply the anticipated first stop on a road leading directly to the "big league": adult prison. Confinement in juvenile facilities may fail to deter criminal behavior because the experience has become normalized within many youngsters' lives¾forming an outlaw subculture. Not only do these youth expect to spend time in detention, some think of it as a rite of passage. The localized belief that going away to prison is normal is a direct consequence of certain groups being disproportionately incarcerated over the decades
At higher levels of incarceration, what happens to them is important to their communities. Antidrug laws have resulted in a dramatic increase in the imprisonment rates in inner-city communities. There are more men and women from such communities in prison, more ex-offenders on their streets—not just isolated individuals, and more of their families are affected. In turn, people who have not been directly involved with the criminal justice system begin to be affected. Existing strains within the community are exacerbated.
Identify and describe at least three ways the criminal justice system operates to allow for an over representation of African Americans and Latinos/as in the prisons. Be sure and give one example involving the police, one involving the courts, and one involving corrections.
Sometimes when the police see a black man driving, the police will be more apt to follow him. Whether intentionally or not the officer has placed an upside down halo on blacks and many Latinos because of the over representation in the jails and prisons. The standard for arrest is at times, because of this, is really a lower probable cause showing for minorities. In prison, the system operates to allow for this disparate number of minorities in prisons in that when an individual is convicted of a more serious crime, they go to prison rather than jail or parole. This shows that the court, in its broad powers of discretion, tends to apply a more harsh sentencing for minorities, thereby resulting in prison time rather than jail time. In corrections, nearly one out of three black males between the ages of 20-29 are in some way involved with the criminal justice system, like prison, jail or on probation, When different segments of society see that so many minorities are on parole, the area pertaining to the job market is negatively impacted because no one wants to hire a parolee so it is difficult to find work. It becomes a vicious cycle: Poorer minorities tend to commit economic crimes, then they go on parole and can't find a job, so they end right back to where they were-poor and trying to get by.
African Americans and Latinos/as are overrepresented in the criminal justice system. Discuss the social and political consequences of this fact.
Socially it makes it seem that minorities are more likely to commit crimes. Politically, those trying to get elected in the government now focus a certain portion of their campaign on the promise to make and endorse legislation that would protect minorities from the disparate impact of the legal system.
The method by which someone is executed in the United States has changed over time. Identify at least 3 methods and place them in temporal order. Why does the method change? Why does the method matter? Does changing the method address any of the arguments that surround capital punishment?
First the method was hanging, then electric chair, now lethal injection. The method has changed with technology and a showing to the court of hanging and electrocution as violation of defendant's right to be free from cruel and unusual punishment. It matters because the government needs to be seen as the punisher of, and not the avenger for serious crimes. Changing the method of death has changed some arguments concerning the death penalty because the electric chair and hangings were seen as cruel because they both had an element of torture; ie the electric chair sometimes took up to 10 minutes to kill and hanging at times took a long time to kill as well. In those cases, the defendant squirms and writhes in pain.
What is your response to the argument that the death penalty is disproportionately imposed on minorities and the poor? Consider the following: What was the finding of the U.S. Supreme Court in the case of McCleskey v. Kemp, and how has this case changed the approach used by defense attorneys in capital cases? Finally, state your opinion on the Supreme Courts’ holdings in McCleskey v. Kemp.
I believe the death penalty is applied disproportionally to the poor and minorities because when one is poor, they can't afford a good attorney, and when they are minorities, they rarely have a cross section of their race as jurors. In the McCleskey case, the court found racially disproportionate impact" in Georgia death penalty indicated by a comprehensive scientific study was not enough to overturn the guilty verdict without showing a "racially discriminatory purpose. “ Perhaps legally, the standard requiring the showing of a discriminatory purpose is ok. But the judge needs to consider it a mitigating factor when sentencing a minority, especially to death. Attorneys now are ever careful to show that in equal protection claims that the act was to purposely condone racism. It gives them another good argument.
Short answers due on the 19th.
Compare and contrast male and female gang members.: Males out number females 20 to 1; Girls mature out of gangs at an earlier age; Females commit less crimes and are significantly less involved in violent activity than are males; males tend to be more involved in selling drugs than are females at a ratio 2.53 to 1.
Determine the family and school risk factors for gang involvement; For school, the risk factors are poor school performance; low educational aspirations, especially among females; negative labeling by teachers; high levels of anti-social behavior; few teacher role models; educational frustration; low attachment to school; learning difficulties. For family, the risk factors are family disorganization, including broken homes and parental drug and/or alcohol abuse; family violence, neglect and drug addiction; family members in gangs; lack of adult and parental role models, parent criminality, parents with violent attitudes, siblings with anti-social behaviors; extreme economic deprivation.
Discuss the three Rs of the gang culture: Reputation, Respect and Retaliation/Revenge.
(1) REPUTATION/REP: This is of critical concern to "gang bangers" (gang members). A rep extends not only to each individual, but to the gang as a whole. In some groups, status (or rank) is gained within the gang by having the most "juice" based largely on one's reputation. While being "juiced" is very important, the manner by which the gang member gains the "juice" is just as important. Gang members may embellish their past gang activities in an attempt to impress others. Gang members may freely admit crimes to enhance their feeling of power.
(2) RESPECT: This is something everyone wants and some gang members carry their desire for it to the extreme. Respect is sought for not only the individual, but also for one's set or gang, family, territory, and various other things, real or perceived in the mind of the "gang banger". Some gangs require, by written or spoken regulation, that the gang member must always show disrespect to rival gang members. (Referred to in gang slang as dis). If a gang member witnesses a fellow member failing to dis a rival gang through hand signs, graffiti, or a simple "mad dog" or stare-down, they can issue a "violation" to their fellow posse member and he/she can actually be "beaten down" by their own gang as punishment. After dis has been issued, if it is witnessed, the third "R" will become evident.
(3) RETALIATION/REVENGE: It must be understood that in gang culture, no challenge goes unanswered. Many times, drive-by shootings and other acts of violence follow an event perceived as a "dis" (disrespect). A common occurrence is a confrontation between a gang set and single rival "gang banger." Outnumbered, he departs the area and returns with his "homeboys" to complete the confrontation to keep his reputation intact. This may occur immediately or it may follow a delay for planning and obtaining the necessary equipment to complete the retaliatory strike. It must also be understood that many acts of violence are the result of bad drug deals or infringement on drug territory. Some question the authenticity of gang rivalry in shootings and other acts of violence. However, if a group of individuals are together committing either random or pre- planned violence, aren't they a gang? If the gang aspect is learned about, many crimes can be solved through the use of accurate intelligence gathering techniques by law enforcement agencies dealing with this problem. In gang banging, today's witness is tomorrow's suspect, is the next day's victim.
Name and explain various juvenile justice responses to the youth gang problem
In the late 1980’s and early 1990’s, the Office of Juvenile Justice and Delinquency Prevention’s(OJJDP’s) supported the completion of phases one and two of the National Youth Gang Suppression and Intervention Program.
This program assessed youth gang research, including definitions, the nature and causes of the youth gang phenomenon, and the effectiveness of program strategies used by various agencies and organizations in the community. following common elements appear to be associated with sustained reduction of gang problems:
-Community leaders must recognize the presence of gangs
and seek to understand the nature and extent of the local gang
problem through a comprehensive and systematic assessment
of the gang problem.
u The combined leadership of the justice system and the
community must focus on the mobilization of institutional
and community resources to address gang problems.
u Those in principal roles must develop a consensus on definitions
(e.g., gang, gang incident); specific targets of agency
and inter agency efforts; and interrelated strategies—based on
problem assessment, not assumptions. Coordinated strategies
should include the following:
v Community mobilization (including citizens, youth,
community groups, and agencies).
v Social and economic opportunities, including special
school, training, and job programs. These are especially
critical for older gang members who are not in school but
may be ready to leave the gang or decrease participation
in criminal gang activity for many reasons, including
maturation and the need to provide for family.
v Social intervention (especially youth outreach and work
with street gangs directed toward mainstreaming youth).
v Gang suppression (formal and informal social control
procedures of the justice systems and community agencies
and groups). Community-based agencies and local groups
must collaborate with juvenile and criminal justice agencies
in surveillance and sharing of information under conditions
that protect the community and the civil liberties of youth.
v Organizational change and development (the appropriate
organization and integration of the above strategies
and potential reallocation of resources among involved
The Boys & Girls Clubs of America’s Gang Prevention Through Targeted Outreach program is another key OJJDP gang initiative. Through a referral network that links the local clubs with courts,
police, schools, social service and other agencies and organizations, as well as through direct outreach efforts, at-risk youth are recruited into local Club programs in a non stigmatizing way.
the National Youth Gang Center implements national statistical data collection and analysis effort, the ultimate goal being creation of a national uniform gang reporting system.
OJJDP also is supporting field-initiated gang research on five major topics. Two studies are examining gangs in Indian (Navaho Nation) country and among Southeast Asian youth. A study
jointly funded with the National Institute of Justice, Socialization to Gangs in an Emerging Gang City, is developing systematic baseline data on at-risk youth in St. Louis, Missouri. A fourth is
determining the proportion of serious and violent juvenile crime committed by gang-involved youth. A fifth, longitudinal study is examining the relationship between gang membership and
juvenile crime and delinquency. These efforts constitute a comprehensive, coordinated Federal
campaign to prevent, intervene in, and suppress youth gang violence and help communities identify effective programs and strategies to address the youth gang problem.
Summarize the police response to youth crime and violence in our schools: The International Association of Chiefs of Police, in response to the rising school violence have assembled a set of materials that address school violence and youth crime prevention. They provide all of the resources in one location on their website so that police leaders can become familiar with all of them and use then in an effective manner. Some of the materials and topics addressed include:
I. Federal “Pattern or Practice” Civil Rights Investigations and Agreements
The Pivotal Role of Community Policing
The Benefits of Early Intervention Strategies
Effective Management of Use of Force
Fair and Open Investigation of Citizen Complaints
Personnel and Data Management Issues Related to Civil Rights
Community Involvement in Campus Safety. This 11-minute video was developed by the IACP in partnership with the Bureau of Justice Assistance. The video highlights the breadth and scope of volunteer efforts in college and university law enforcement. The video features programs at California State University San Bernardino, the University of Alaska – Anchorage, and Lehigh University. Contact: [email protected]
Guide for Preventing and Responding to School Violence: 2nd Edition. This guide, updated in 2009, addresses both prevention and intervention from a systemic view, clarifying the roles of the school, the community, families, law enforcement and the justice system and how these groups can work together effectively to respond to the problem. Contact: Nancy Kolb
NYS Best Practices for School Safety and Security. In response to school violence incidents in New York State, the New York State Department of Homeland Security, in collaboration with the New York State Police, the University of the State of New York, and the State Emergency Management Office, joined together to create a Best Practices for School Safety and Security. This report draws on the expertise of these four agencies to provide critical prevention and response strategies for all incidents of school related violence. Contact: John Firman
Digital Imaging for Safe Schools: A Public Safety Response to Critical IncidentsIn response to the several past and recent shootings within schools, IACP, in partnership with the National Institute of Justice (NIJ), has created a guide to the use of 360 degree digital cameras to create CDs that contain digital images of the interior of any school- allowing responding officers to determine best access to hostages and/or the shooter(s) for SWAT r
Partnerships for Safe School Training. This training, delivered in partnership with the Department of Justice, Office of Juvenile Justice Delinquency and Prevention (OJJDP), focuses on improving school safety: course topics include principles of school safety, model school safety programs, and critical incident management.
Developing an Anti-Bullying Program: Increasing Safety, Reducing Violence. This Promising Practices Executive Brief is the first in a series produced in collaboration with Department of Justice, Office of Juvenile Justice Delinquency and Prevention (OJJDP). These periodic briefs deliver information to law enforcement and justice officials and address some of the gaps in contemporary juvenile justice policy and practices. Each brief highlights a promising program that addresses an important juvenile justice issue. The next in this series will highlight Promising Practices in School Safety and is expected to be published in coming months.
Engaging Youth Through Volunteerism: This 10 minute video was developed by the IACP's Volunteers in Police Service (VIPS) Program, a partnership with the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. The video introduces the benefits of law enforcement programs that engage youth and the role that youth and adult volunteers can play in offering such programs, including recreation activities, youth police academies, law enforcement exploring, and internships. Contact: [email protected]
Guidelines for Building Partnerships that Protect Our Children. A collaborative effort among the IACP, the National Children's Alliance (NCA) and the Child Welfare League of America (CWLA), and funded by the Office of Juvenile Justice and Delinquency Prevention (OJJDP), the Guidelines offer a strategy build around the creation of Child Advocacy Centers (CACs) where youth receive comprehensive social, legal and enforcement services at one location.
Youth Violence in America - Summit Report. Final recommendations from the IACP summit on youth violence. Report outlines a set of strategies to help law enforcement respond to gang violence, school violence, and how to deal effectively with both youthful offenders and youthful victims. Contact: John Firman
Family Violence in America- Summit Report. Final recommendations from the IACP summit on family violence. Report outlines a set of strategies to help law enforcement responds to all types of family violence including partner violence, child abuse and elderly abuse. Contact: Contact: John Firman
Project Safe Neighborhoods (PSN) – Grant funded through the Bureau of Justice, the IACP holds regional symposia and site assistance trainings in support of PSN. These trainings for state, local and federal law enforcement officers and prosecutors, focus on firearms intelligence-led investigations, perfecting and prosecuting firearms cases and firearms trafficking and diversion techniques. In 2005, Attorney General Alberto Gonzales announced his plan to incorporate anti-gang initiatives into the PSN program. Currently, the IACP is working with our federal partners to integrate gang coursework into the training curricula. For more information on IACP resources regarding gangs and firearms as well as upcoming training events in your area, please use the link above to access the Gun Violence Reduction website. Contact: [email protected].
Distinguish the factors that affect how law enforcement officers respond to status offenders: Many factors come into play. Some of the more prevalent factors are:
• Inconsistent and ineffective school attendance
• Poor record keeping
• Not notifying parents/guardians of absences
• Unsafe school environment
• Poor school climate
• Inadequate identification of special education
Family and Community Factors
• Negative peer influences, such as other truant youth
• Financial, social, medical, or other problems that
pressure students to stay home to help family
• Child abuse and neglect
• Family disorganization
• Teen pregnancy or parenthood
• Lack of family support for educational and other
• Violence in or near the home or school
• Lack of personal and educational ambition
• Poor academic performance
• Lack of self-esteem
• Unmet mental health needs
• Alcohol and drug use and abuse
Other factors include the
• The youth was substance dependent—a factor in
19% of the runaway/thrown away youth incidents.
• The youth was in the company of someone known
to be using drugs during the period of time away
from home—a factor in 18% of the runaway/
thrown away youth incidents.
• The youth had previously attempted suicide—a
factor in 4% of the runaway/thrown away youth
• The youth missed at least five days of school
immediately before running away—a factor in 4%
of the runaway/thrown away youth incidents.
Distinguish between “traditional” bullying and “cyber” bullying: Technology makes bullying even easier than it was before with email, chat rooms, and an unlimited audience online. There was a time when all bullying happened face to face but now with the internet, children can bully each other through popular communication methods even anonymously. Traditional bullies always had to let their victims see them and could only gain the support of friends who were around. Cyber bullies can humiliate, threaten, and belittle their victims without their identity being known, or they can have an audience of thousands. Cyber bullies are becoming more and more common as children use these communication methods more and more in their daily lives.
Cyber bullies can say things that they can not in front of other people in chat rooms, IM's and on websites. This allows children to be much meaner than they traditionally could. Things that they could not say in front of adults and even other children are now easily said online. Cyber bullying is potentially an even bigger threat than traditional bullying because the potential for damaging statements is even greater. Traditional bullies could only reach an audience of the other children around, with the internet hundreds of children can gang up on a single child.
Cyber bullying is also easier to do than traditional bullying. All it takes is a few key strokes and a cyber bully can humiliate their target. Children are less inhibited when online and it is not as hard to bully when it is over a computer. Traditional bullies had to have the courage to physically bully another child or at least use comments to their face. Cyber bullies have to use much less effort and can be more impulsive.
Traditional bullies could only act out on their victims when they saw them. This confined bullying to school and places that children interacted face to face. Cyber bullies can bully others any time as cell phones and computers are both at home and at school. Traditional bullies could not hurt others at home, but with cyber bullies, home is usually where bullying occurs via the computer. This leaves no safe place for the targets of bullying to go as computers are essential nowadays for completing schoolwork and communicating with friends.
Even though emails and messages are easy to stop, cyber bullies is not as easy to stop as traditional bullies are. Derogatory and hurtful comments posted online and shared between people are impossible to stop and can potentially reach an unlimited number of people. Once a comment is posted online it can reach an unlimited number of people and the ramifications can be huge. Stopping a traditional bully was relatively easy with the right preventative measures, but the anonymous nature of the internet makes it impossible.
There are many differences between cyber bullies and traditional bullies but both types are serious issues. Bullying negatively affects both the bully and the victim and if not stopped can cause serious long term damage.
Discuss the four-pronged threat assessment approach: Four Pronged Assessment Approach:
In dealing with threats, a multidisciplinary four pronged approach is suggested. Whenever possible, the parent or guardian should be a part of the assessment process, as soon as possible.
Prong one: The personality of the student- refers to the way (within a specific developmental context) a student copes with conflict, disappointment, humiliation and other negatives. It includes how the student feels about himself, what kind of resiliency they have and what kinds of attitudes they have toward others. These are just a few of the areas to be considered.
Prong two: Family dynamics- refers to the patterns of behavior, belief systems, roles and customs of the family. The degree to which a student is or is not supported in the family unit is looked at. Specifically, the presence of family violence is determined.
Prong three: School dynamics- refers to the patterns of behavior, belief systems, roles and customs of the school culture. It looks at what values and behaviors are rewarded or castigated, either formally or informally within the school
Prong four: Social dynamics- refers to the patterns of behavior, belief systems, roles and customs of the larger community in which the student lives. These patterns have an impact upon the way a student feels about herself and others, as well as how they cope with stress.
Identify the pros and cons of zero-tolerance policies. Should they be utilized? Why or why not?
Pro's: Establishes a safe place at school during this time of school shootings;Ridding schools of negativity;American Bar Association Journal reported that since 1990, crime of all types in public schools is down by as much as thirty percent; helped to curb kids bringing to school weapons, pets, drugs; school police officers on the front lines are reporting finding less contraband in the pockets of students
Con's: It is often the case, policy enforced without common sense commonly results in unfair treatment; the zero tolerance policy being used without any form of leniency or discretion; careless application discredits its positive effects; National Center for Education Statistics reported that "schools with no crime reported were less likely to have a zero tolerance policy for violence than schools that had reported one or more serious crimes; teaches kids that they are to bow to authority no matter what, even when they are innocent which lowers their trust in others and self-esteem; and most of all it is absurd to remove common sense from schools and causes resentment.
Compare and contrast the Justice Model with the Welfare Model: Historically young offenders were treated the same as adults; they were convicted and punished as adults in adult Courts. Age offered no exoneration. Justice systems were characterized by the "classical approach"; crime was seen as a rational act of freewill. Punishment was focused on deterrence rather than reform and applied equally to adults and children. In the latter part of the 19th century it was acknowledged children were uniquely vulnerable. Consequently child-centered and welfare-based treatments were developed. In English Common Law the "doli incapax" rule was developed. Children under 7 were given immunity while those between the ages of 7 and 14 were presumed incapable of doing wrong unless there was evidence to the contrary. Children over 14 continued to be tried and convicted as adults.
The welfare model is based on the belief criminal behavior in young offenders stems from various factors relating to undesirable upbringing and environment.
Explain therapeutic intervention. Do you agree with the premise of therapeutic intervention? Why or why not? It is a program designed for individuals who struggle mentally and/or emotionally, have social deficits, are hyperactive, depressive, disruptive to others. It commonly offers school-based day treatment and program case management programs. They are based on the belief that all children and adolescents have the ability to grow and achieve their full potential. I think this is a positive program so long as it is not overly cost extensive, and if there are measures implemented to prevent the children who participate from being perceived by others, or even themselves, as different or stupid or weird.
What is ISP? Is this a viable alternative? Why or why not? Support your answer
It is an intensifying support program. The ISP is a school improvement program designed to raise standards and improve teaching and learning in the
context of the school as a professional learning community.
It is based on the cycle of audit and setting targets, action and review. The program aims to draw together
existing good teaching and learning practice in LEAs and schools in order to maximize impact. It concurs with the
statement in Excellence and Enjoyment. I think it is a viable alternative. It depends on the community, its needs, and what works best. For example, maybe the ISP work best in inner-city urban like school settings and ETI works best for smaller, more private schools in the suburbs. I think when the goal is to better people's lives, especially the lives of children, it is almost always a positive. The support for my answer is in history: Before, kids who struggled just dropped out and ended up with no skills for life. They ended up poor, unschooled, and with bad self-esteem. Now, kids are helped along if they have troubles and are taught skills for living and coping with their deficits.
List and describe the four components that are typically included in a modern, comprehensive graduate sanctions system: There are four types of interventions in a modern comprehensive graduated sanctions system: immediate sanctions, intermediate sanctions, secure confinement, and aftercare/reentry.
Immediate sanctions are basically diversion mechanisms that hold youth accountable for their actions by sanctioning behavior and in some cases securing services, but at the same time generally avoiding formal court processing. They are appropriate for most first-time misdemeanor offenders, many minor repeat offenders, and some nonviolent felons. The concept of diversion is based on the theory that processing certain youth through the juvenile justice system may do more harm than good (Lundman, 1993). Such sanctions include restitution/community service, family group conferences, youth courts, victim impact panels, victim-offender mediation, and mentoring.
Intermediate sanctions are criminal sentences that fall between standard probation and incarceration. Intermediate sanctions can include house arrest, intensive probation (i.e., probation with more conditions beyond the basic conditions of standard probation), boot camps, electronic monitoring, and drug treatment programs. Intermediate sanctions serve a dual purpose in the criminal justice system. Intermediate sanctions include intensive supervision, day treatment facilities, home confinement/electronic monitoring, alternative schools, school-based probation, and intensive nonresidential treatment programs.
Secure confinement are secure corrections for the most serious, violent, chronic offenders (e.g., training schools).
After care/reentry: Aftercare (consisting of a continuum of court-based step-down program options that culminate in discharge).
Discuss the challenges facing juvenile, correctional facilities:
Youth murders and sexual assaults from 1975 to 2005 declined 55% and 81% respectively. Despite an overall decrease in crimes, young men in adult correctional facilities increased twofold
from 1990 to 2005. Now all states can transfer teenagers to adult court where
they face adult sentences, including life without parole, such that in 2000 an estimated 2,225
youth received sentences of life without parole.
As the brain develops during the adolescent period, it is plastic and subject to experiential influences including psychological trauma. Despite this strong evidence that adolescents are subject to
immature decision making, new laws hold teens accountable for crimes as though they were functioning as adults. Despite the reductions in juvenile crime, gang involvement and offending remains a significant challenge.
What is re-entry? How is it different from probation? What are the two key components of aftercare? Which do you feel is most important? Why? It is when offenders are allowed back into society after their punishment. Under probation, an inmate is released and a parole officer checks on them, and the inmate is still subject to the court, and its orders. The offenders have more freedom in re-entry, but now there are programs and services to assist the offender re-enter the community.
Two key components of the aftercare concept distinguish it from the traditional juvenile justice model. First, offenders must receive both services and supervision. (Offenders in the traditional juvenile justice system are generally sentenced to some type of supervision and are sometimes provided with services.) Second, they must receive intensive intervention while they are incarcerated, during their transition to the community, and when they are under community supervision. I think that the intensive intervention is most important because it is personalized and based on the journey of each offender from offender to law abiding citizen. It is most important because anyone can throw money into a program to assist others, but when the assistance is personal, it provides for the recipient to connect with others.
Compare the similarities between juvenile correctional institutions and adult correctional institutions in terms of social organization and culture: Rehabilitation is often the key concept of juvenile corrections, and not the adult corrections. It may seem that there are more ‘incentive’ programs offered for adolescent criminals. there are a lot more types of facilities for adults than for juveniles. Private jails and prisons (contracted from the government), regional jails, minimum security, low security, medium security, maximum security, and super-maximum security facilities mainly serve the adult population. Places like secure mental health facilities, boot camp incarceration, and juvenile detention facilities are more conducive to juvenile corrections; although, some of the mentioned facilities may be used interchangeably for both juveniles and adults. The purpose of placing juvenile offenders in separate facilities from adult criminals is to insulate juveniles from “bad influences,” to protect them, and to attempt to curb criminal tendencies before adulthood is reached.
Explain the six principles of preventing delinquency as indicated by the OJJDP
six underlying principles:
Community control and decision-making -- The Community Prevention Grants Program enables local jurisdictions to assess their own delinquency prevention needs and resources and then design and implement appropriate, sustainable delinquency prevention initiatives.
Research foundation for planning -- The program promotes a rational framework for responding to adolescent problem behaviors that is based on decades of juvenile delinquency research (Howell, 1995). Through systematic risk assessments and ongoing data collection activities, communities identify and prioritize areas of risk that warrant delinquency prevention resources and track the outcomes of their delinquency prevention efforts.
Comprehensive and multidisciplinary solutions -- To increase the efficacy of delinquency prevention efforts and reduce duplication of services, the program requires that each community designate a Prevention Policy Board, a multidisciplinary planning board including representatives from law enforcement, juvenile justice, education, recreation, social services, private industry, health and mental health agencies, churches, civic organizations, and other youth and family service organizations.
Leverage of resources and systems -- While some subgrant awards are relatively small, this seed money can provide both a financial base and the incentives necessary for local jurisdictions to secure additional resources and implement sustainable delinquency prevention systems in their communities. Local risk and resource assessments lend validity to requests for local and State funding and enable communities to use more effectively the delinquency prevention funds they secure.
Evaluation to monitor program success -- At the local level, requisite program evaluation activities enable stakeholders to assess progress, refine their programs, and optimize effectiveness over time. Community members receive the tools needed to assess program outcomes and monitor long-term changes in the prevalence of risk factors and adolescent problem behaviors in the community. In addition, OJJDP is conducting a national evaluation to analyze program results across communities, assess the impact of Federal program dollars, and gather and disseminate information on what does and does not work in delinquency prevention.
Long-term perspective -- Perhaps most important, this program does not propose quick-fix solutions to complicated juvenile problems, but rather has adopted a long-term perspective that fosters positive, sustained community change. Short-term efforts must be combined with long-term investments to create healthier and safer neighborhoods over the long run.
In the Community Prevention Grants Program, these fundamental principles are combined to form a strategic approach to reducing juvenile delinquency and provide a sound framework for its practical application.
Summarize the factors encouraging policymakers to seek reform in the juvenile justice system. Do you agree with the factors? Support your answer: Recent technology revealing how the adolescent brain works and develops, reevaluation of competency,detention and confinement concerns. A program was developed to address the need for reform: The Task Force on Juvenile Justice Reform (TFJJR) of the American Academy
of Child and Adolescent Psychiatry (AACAP) was established to draw national
attention to numerous areas within the juvenile justice system that would benefit
by various degrees and types of reform. This effort was identified as a primary
initiative by Clarice Kestenbaum, AACAP President (1999 – 2001).
1. Courts should require an opinion by a child trained mental health professional
on the impact of face-to-face testimony on a child witness for each case in
which a child is identified as a witness.
2. Courts should allow for expert testimony by either the plaintiff or defendant’s
side to rebut attempts to impeach a child’s testimony.
3. Courtrooms should be modified to accommodate the developmental needs of
a child and to lessen related fears, which may overwhelm a child who may be
4. Investigations of child abuse should be conducted in a fashion that
accommodates the developmental needs of each individual child.
5. Interrogations of children should be conducted so as to avoid replication.
6. Court-appointed or independent child trained experts should determine a
child’s credibility of each potential child witness.
7. The court should solicit independent child trained mental health experts to
determine the mental health needs of each child witness and whether or not
the mental condition of the child may impact his or her testimony.
8. The determination of the understanding of Miranda rights by a child should be
conducted in a developmental context.
I agree with most of the factors because as we learn more about the physical, mental and emotional development of children, especially with the use of new technological advances in the medical field, etc., the approach and methodology must change with it according to new findings and results.
List and explain the nine tenets set for by A Blueprint for Juvenile Justice Reform:
1. Reduce Institutionalization
Institutionalization is often linked to failure. While necessary
for youth who pose serious public safety risks, the
overwhelming majority of justice-involved youth can be
safely supervised and treated in the community or in non-secure
facilities. These youth do not belong in a state’s
most expensive and secure settings.
2. Reduce Racial Disparity
Sadly, even in this 21st century, young people of color are
significantly over-represented in the justice and foster
care systems, as well as among struggling students, due
to conscious and subconscious racial bias. In nearly every
state, in every juvenile offense category—person, property,
drug, and public order—youth of color receive harsher
sentences10 and fewer services than white youth who have
committed the same category of offenses.11
3. Ensure Access to Quality Counsel
Across the country, youth too often face court hearings
without the assistance of competent counsel—sometimes
appointed as little as five minutes before the case is called.
Like all Americans, youth need access to qualified, well resourced
defense counsel throughout the entire juvenile
or criminal court process. Counsel is essential to reducing
the chance of youth being unnecessarily detained, transferred
to the adult system and/or incarcerated.13
4. Create a Range of Community-Based
Community-based programs can change the trajectories
of young people. These programs range from probation
to intensive supervision, home confinement, alternative
education, family preservation, restitution, community
service, and day and evening reporting centers with educational,
recreational and counseling opportunities. They
can stand alone or be housed in existing community-based
organizations serving a broad range of youth.
5. Recognize and Serve Youth with
The juvenile justice system is too often used as a dumping
ground for youth whose primary problems include serious
emotional disturbance, developmental disabilities,
substance abuse or a combination of these challenges.
These youth are in desperate need of alternatives because
juvenile justice systems can be particularly harmful for
youth with specialized needs.
6. Create Smaller Rehabilitative
Some youth do require close monitoring. For those youth
who pose serious risks to public safety, a convincing case
is being made for phasing out large, prison-like institutions
and creating small, home-like secure facilities in
their place. Evidence shows that treating youth as youth
improves their chances for success in life.
7. Improve Aftercare and Reentry
Nearly 100,000 youth are released from juvenile justice
institutions each year. Key to their success is having
community agencies and schools ready for them upon
their return. Increasingly, funders and policymakers are
recognizing the need to connect youth to programs and
services that will reinforce their rehabilitation and help
them become successful and productive adults
8. Maximize Youth, Family and
Another key aspect of juvenile justice reform is the participation
of youth, parents and the community both in
an adolescent’s treatment and rehabilitation, as well as
in systemic reform efforts. True reform tackles not just
the system; it engages the people who youth encounter in
their day-to-day lives.
9. Keep Youth Out of Adult Prisons
During the 1990s—the era when many of our most punitive
criminal justice policies were developed—49 states
altered their laws to increase the number of minors being
tried as adults. Roughly 210,000 minors nationwide are
now prosecuted in adult courts and sent to adult prisons
each year.17 Yet studies show that youth held in adult facilities
are eight times more likely to commit suicide,18 five
times more likely to report being a victim of rape, twice as
likely to report being beaten by staff and 50 percent more
likely to be attacked with a weapon.19 Youth sent to adult
court also return to crime at a higher rate.20 Equally unacceptable
is the fact that youth of color are over-represented
in the ranks of juveniles being referred to adult court
compared to white youth charged with the same category
Discuss the trends indicating that the united States is moving toward reform in the juvenile justice system: A concentration on the outcomes of offenders; the role the state legislature play in policy involved; there is a move to put more of an emphasis on prevention; new approaches for truants, and runaways; a change in response to minor delinquent behavior; more funding is slated for rehabilitation and prevention; the rising concern over what authority the court should have over offenders' parents; addressing concerns of minority over representation in the system; and new methods addressing recidivism.
Hope that everything is going well for you and your family. Just recieved my first assignment which is due on the 2nd of next month.
In Witherspoon v. Illinois, 391 U.S. 510 (1968), the U.S. Supreme Court held that jurors cannot be removed merely because of general scruples against capital punishment, adding that a juror may be excluded "for cause" if it is "unmistakably clear" that he or she would automatically vote against the death penalty if sought by the prosecutor or if the juror could not be impartial in the determination of the defendant's guilt. This holding was affirmed in Lockhart v. McCree, 476 U.S. 162 (1986). In 2-3 pages, discuss the effects of these rulings. How are the two cases similar? How are they different? Do you agree with the decision of the Court? Why or why not?
Can I have your help.
This one is due on the 3rd
Written Assignment: The Ethical Systems
Write a 1-2 page essay regarding the ethical systems to the following situations:
a. In the movie Sophie's Choice, a woman is forced to choose which one of her children to send to the gas chamber. If she does not decide, both will be killed. How would ethical formalism resolve this dilemma? How would utilitarianism resolve it? b. There is a continuing debate over whether the United States had to bomb Hiroshima and Nagasaki at the end of World War II. Present the arguments on both sides. Now consider this: Are they utilitarian arguments, ethical formalist arguments, or some other?
Be sure and support your answers!
Written Assignment: An Ideal Ethical Organization
In a 1-2 page essay, discuss what an ideal, ethical Criminal Justice organization would be. What would be the characteristics of leadership? Training? Employees? How does one create such an organization as a change agent if the existing organization is rife with corruption?
Here goes two more assignments. They are due on the 10th
Read Aguilar v. Texas, Illinois v. Gates, and Spinelli v. United States and determine which test is superior in your opinion. Do you support the two-pronged test for determining probable cause on the basis of information obtained from an informant engaged in criminal activity established by the Court in Aguilar v. Texas or support the totality of the circumstances test established in Illinois v. Gates? Please support your reasoning. This paper should be 2-3 pages.
If you able to work on them I would be greatful, but first and furmost I want you to gell well, take care of your health.
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Excluding Anti-Death Penalty Jurors for Cause
The effects of the ruling in Witherspoon v. Illinois, 391 U.S. 510 (1968), U.S. Supreme Court which was later affirmed by the court in Lockhart v. McCree, 476 U.S. 162 (1986), were to give clear standards of procedure in voir dire concerning those who were generally against the death penalty. Attorneys were attempting to dismiss for cause jurors who, in general, disagreed with the death penalty. What was not clarified, however, was whether only allowing jurors who agree with the death penalty were truly a cross-section of society. So the court, in an attempt to clarify, came up with the rule that,“jurors cannot be removed merely because of general scruples against capital punishment, adding that a juror may be excluded "for cause" if it is "unmistakably clear" that he or she would automatically vote against the death penalty if sought by the prosecutor or if the juror could not be impartial in the determination of the defendant's guilt.” Those excused for cause, were hence forth referred to as “Witherspoon-excludables.”
In Lockhard, He then sought federal habeas corpus relief, contending that the "death qualification" of the jury by the removal for cause of the "Witherspoon-excludables" violated his rights under the Sixth and Fourteenth Amendments to have his guilt or innocence determined by an impartial jury selected from a representative cross-section of the community. The District Court ruled that "death qualification" of the jury prior to the guilt phase of the bifurcated trial violated both the fair cross section and the impartiality requirements of the Constitution. The Court of Appeals affirmed on the ground that removal for cause of "Witherspoon-excludables" violated respondent's Sixth Amendment right to a jury selected from a fair cross-section of the community. The Supreme Court reversed stating that a “cross-section” determination does not include opinions by jurors on their beliefs about the death penalty.
Both cases addressed an issue in voir dire concerning the death penalty. Both sought clarification from the court on the issue. Hence, “Witherspoon-excludables” was found to be good law. Both became very famous cases, and are some of the most cited and respectable law in history.
The issue in Witherspoon was whether a jury with only those who were not against the death penalty was a true cross section of society. The issue in Lockhart was whether the “Witherspoon-excludables,” as a rule, violated Constitutional. The definition of a cross-section of society was clarified. Finally, the court found that a jury who had excluded the “Witherspoon-excludables” was not more likely to be a pro-conviction jury, and found, “serious flaws.” ( Lockhart v. McCree, 476 U.S. 162, 169.)
Agree or disagree.
I agree with the holdings in both courts. I did an interesting experiment to come to my conclusion of whether I agree or disagree. I posed a question to two people, ages 13 and 18. I wanted young, unjaded opinions, so I chose very young individuals. I asked, in extremely layman's terms, the following, “A jury is supposed to make up a fair cross-section of society; it's called a jury of your peers. The Constitution guarantees this for defendants on trial. If an attorney excuses from the jury those who do not believe in the death penalty in a case where, if the defendant is found guilty, is a possible sentence, is it fair? If it is unfair, then it will be a violation of the defendant's 6th Amendment right to a fair trial with a jury of his peers.”
The answer astounded me because it was exactly what the court sought to remedy in Witherspoon and Lockhart. The eighteen year old female said that “it would not be unfair because in society some agree and some do not agree with the death penalty.” The guy on trial might get it [death penalty] because of it.” The thirteen year old male said “a cross-section should not include opinions, it should only include the race, or whether the person is a guy or a girl and stuff like that-things on the outside of a person, not on the inside of a person.” Those two young individuals addressed the same issues that the Supreme Court addressed and remedied. I was amazed.
It led me to agree with the court's holdings in both because my experiment revealed to me that both rules are inherently correct based upon the unjaded and innate reasoning of human beings, not based on legal jargon and tricks.
Bumper v. North Carolina, 391 U. S. 543, 391 U. S. 545 (1968).
Lockhart v. McCree, 476 U.S. 162 (1986).
Witherspoon v. Illinois, 391 U.S. 510 (1968).
OK all done. Just click here to retrieve the doc on Ethics. I have also pasted it below. I am starting on your next one. I am well now, pretty much. So no more delays on my part. Thanks for your patience:
The Ethical Systems: Ethical Formalism and Utilitarianism
I. Ethical Formalism and Utilitarianism: Sophie's Choice.
Ethical formalism is a type of ethical theory which defines moral judgments in terms of their logical form (e.g., as "laws" or "universal prescriptions") rather than their content (e.g., as judgments about what actions will best promote human well-being).
Ethical formalism is considered as an absolutist system- if something is right, it is right all of the time; if something is wrong, it is wrong all the time. In Sophie's Choice, Sophie's decision was not a straight up, emotionless decision to let her son live and daughter die. However, the choice was an example of Ethical Formalism, nonetheless, because “logically,” men are stronger, and the “law of nature” would be the fact that not only are males physically stronger, but they also have more power in society, especially in the mid-20th century when the movie Sophie's Choice was made.
Additionally, Sophie did not make the decision based on the reasoning of what best would support the well-being of her son or daughter. Nor was her choice based on the concept that is part of the Formalism approach that promotes well-being because no one's being is well in this case. Sophie's well-being is not better because she had to pick between her children; the son's being is not well because he has to live with the fact that his sister died so he could live.
Considering all of the above, Ethical Formalism would have made the same decision Sophie made, regardless of the fact that the decision was gut-wrenching for a mother to chose between the lesser of two evils, and the decision was simply one of logic for the Formalist.
Utilitarianism is an ethical theory holding that the proper course of action is the one that maximizes the overall "happiness" [benefit]. It is thus a form of consequentialism, meaning that the moral worth of an act is determined only by its resulting outcome, and that one can only weigh the morality of an action after knowing all its consequences.
Utilitarianism is commonly known as the “greatest happiness principle." Utilitarianism supports laws that cause more good than harm. In Sophie's choice, allowing her daughter to die so her son could live, does not support this theory directly, but it does have certain aspects of the theory intertwined. Sophie chose to let her son live because she thought that males in general are physically stronger. She figured that her son had a better chance at surviving the viciousness of the Nazis than would her girl. She made her choice was based on, albeit extremely loosely based, upon the utilitarian concept. When the the word is broken down to its root word “utility,” then the utility of Sophie's choice was to decide the best use of life concerning which life would be sparred. In society, for example, males tend to be stronger, make the most money, can protect themselves better from crimes and threat of crimes, etc. Women, no matter how mature, are weaker physically and are more often the losing victim in a crime than are men. They had a more difficult time finding jobs, living on their own, supporting themselves if they have to start from scratch to do so, etc. (These are all conclusions based upon life at the time of the Nazi rule, not modernly of course.)
Hence, considering the times, and considering the fact that the choice was made on who would survive (what choice would produce the best benefit), the Utilitarianist would have made the same choice as did Sophie.
II. Ethical Formalism and Utilitarianism: The Bombings of Hiroshima and Nagasaki.
The decision to use the most powerful weapon of the time, the atomic-bomb, is a little different than in the movie. Basically, the decision was to show the Japanese, and the world, that the United States had all of the power. By terrifying the world with the A-bomb, the war would most assuredly come to a screeching halt, at least for Japan. The secondary purpose was to save lives by killing. That seems like odd and contradictory reasoning. However, had the U.S. not acted, the war would have continued, and a long strung out war would cost more lives and money on both ends; at least that is what we have all been told and taught over the years.
Ethical Formalism does not apply because forms of strategy in war are ever-changing and definitely not absolute. As aforementioned, Formalism is when moral judgments are made in terms of their logical form rather than their content. The idea that if something is wrong or right, it is so all of the time, is the foundation of Ethical Formalism. This logic, therefore, is not always right because to bomb another country to the point of total annihilation of a major city or two is not right or wrong all of the time. Desert Storm, for example, surgically removed targets via air plane bombs rather than bombing giant cities with one of the worst and most damaging bombs known to man. The decisions made in war are dependent on what facts are present at the time, and change practically moment by moment. Hence, Formalism does not apply to the bombing.
Scrutinizing the decision of using the A-bomb requires a quick restatement of the applicable parts of utilitarianism, specifically the part that notes that Utilitarianism as an ethical theory notes that the proper course of action is the one that maximizes the overall "happiness" which relies on the belief that the moral worth of an action is determined only by its resulting outcome, and that one can only weigh the morality of an action after knowing all its consequences. This rings of the Marxist belief that the ends justify the means-kind of scary.
The Utilitarianism argument is that using the A-bomb saved many lives that were predicted to be lost if the war continued. Hence, there is a greater happiness if the bomb were used if it ended the war. This part of the question was easier to analyze because in Sophie's choice, the audience learned about the characters, knew and invested in the characters, and all could relate because, whether on has children of their own or not. All normal individuals know that children are innocent, which makes their death so sad. In WWII, most writing this essay are far removed. It makes it easier to analyze. However, if an Auschwitz survivor, or if a veteran of the war were asked the same question, especially if they were survivors of D-day, the conclusion may be altogether different from those who have just experienced this event in history through books.
That being said, the answer to the question is that Utilitarianism would have the best argument for dropping the bomb. It is actually quite mathematical. The equation would be: War kills, therefore, if a big, scary bomb is dropped that wipes out hundreds of thousands of people at once, including civilians, the whole world would know that the U.S. could destroy their nations as well in one swell swoop-boom! The result is that the war and killing stops, for a very long time, and no more Americans lose their lives. Hence, all humanity aside, it is the logical thing to do that would bring the most happiness [benefit] to all Americans, and those on her side. This is a sick reasoning, as is the aforementioned Marxist reasoning. I guess that is why the saying exists that, “WAR IS HELL!”
AN INTRODUCTION TO THE PRINCIPLES OF MORALS AND LEGISLATION, Jeremy Bentham, 1789 (“printed” in 1780, “first published” in 1789, "corrected by the Author" in 1823.) See Chapter I: Of the Principle of Utility. For Bentham on animals, see Ch. XVII Note 122.
C. L. Sheng; Qinglai Sheng (April 2004). A defense of utilitarianism. University Press of America. p. 170. ISBN 9780761827313. Retrieved 23 April 2011.
Kant, Immanuel, Groundwork of the Metaphysics of Morals, tr. H.J. Paton. London. 1948.
Shaw, William H. Contemporary Ethics: taking account of utilitarianism. Oxford: Blackwell Publishers Inc., 1999. pp. 31-35.
utilitarianism.com: The pinprick argument
Warnock, G.J. Contemporary Moral Philosophy (London, 1967)
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Probable Cause: Which Test is Best
The definition on Probably Cause has been one of spirited debate for years. The reason is because so much rides on the definition. After all, Probable Cause has the power to take an individual's Constitutional and God -given rights away, at lease temporarily. In my opinion, the “Totality of the circumstances test” is the superior. My reasons are as follows:
Aguilar v. Texas, 378 U.S. 108 (1964), was a decision by the United States Supreme Court, which held that “[a]lthough an affidavit supporting a search warrant may be based on hearsay information and need not reflect the direct personal observations of the affiant, the magistrate must be informed of some of the underlying circumstances relied on by the person providing the information and some of the underlying circumstances from which the affiant concluded that the informant, whose identity was not disclosed, was creditable or his information reliable.”
In Spinelli v. United States, 393 U.S. 410 (1969), the Court went further by requiring that a magistrate must be informed of the "underlying circumstances from which the informant had concluded" that a crime had been committed.
Hence, the Aguilar–Spinelli test was born, and became a judicial guideline set down by the U.S. Supreme Court for evaluating the validity of a search warrant based on information provided by a confidential informant or an anonymous tip. The two "prongs" of the test are that, when law enforcement seeks a search warrant and a magistrate signs a warrant:
The magistrate must be informed of the reasons to support the conclusion that such an informant is reliable and credible.
The magistrate must be informed of some of the underlying circumstances relied on by the person providing the information.
This information provided to a magistrate will allow the magistrate to make an independent evaluation of the probable cause that a crime has been or will be committed.
Then, along came Illinois v. Gates 462 U.S. 213 (1983) and everything changed. Gates overruled Aguilar v. Texas and Spinelli v. United States, and replaced the Aguilar-Spinelli-test for probable cause with the "totality of the circumstances" test (or what I like to say, the tattel-tale-test).
The facts in Gates were basically this: the Bloomingdale Illinois Police Department received an anonymous letter. The letter stated, "This letter is to inform you that you have a couple in your town who strictly make their living on selling drugs...” After a detective from the police department confirmed some of the facts stated in the note (air line tickets, hotel reservations and a car rental that matched the accusesations), a warrant was issued, and the rest is history. The U.S. Supreme Court upheld the constitutionality of the warrant saying:
“We agree with the Illinois Supreme Court that an informant's "veracity," "reliability" and "basis of knowledge" are all highly relevant in determining the value of his report. We do not agree, however, that these elements should be understood as entirely separate and independent requirements to be rigidly exacted in every case[...] [T]hey should be understood simply as closely intertwined issues that may usefully illuminate the common sense, practical question whether there is "probable cause" to believe that contraband or evidence is located in a particular place.”
The reason why the “Totality of Circumstances” test makes the most sense is because it embraces common sense. Cases are as different as the people involved. Judges must be given a certain amount of discresion, and can not be hamstrung by rigid, inflexible guidelines. As long as the process for appointment of judges is kosher, then the judges, once in that position, should be trusted with whether or not it is more likely than not that a crime has been committed based upon the information given to them and upon their own experience and common sense.
The implementation of guidelines that are overly constraining, although seemingly protective, actually end up causing an unjust application of the law, and ultimately, a fracturing of the Constitutional protections afforded to all. A modern day example of this is the implimentation of the zero-tolerance policy in schools. In an attempt to protect students from harm, many schools implimented a zero-tolerance policy where-by if certain stated actions occur, then the student/actor must receive a punishment specific for the act. So, for example, if a student brings a knife to school, the student will be expelled no matter what-faculty has no discresion in the matter at all...it is all codified. The other day a five year old boy scout brought to school, accidentally, his little eating kit for camping with his scouts, which contained a small plastic knife. He had forgotten to take the kit out of his back pack from the weekend camping trip with his troup. He was expelled from school. Hence, the rule put into place to protect the child ended up destroying him emotionally because it was so absurd in that circumstance. The school could do nothing about it. Obviously the rule pertained to real knives meant to harm others. But the school officials are afforded no discresion in punishment-no common sense.
The zero-tolerance example above is like the old probable cause test. It left judges with little discresion to avert criminal behavior, the very thing judges are supposed to do and afforded judges no ability to use their own common sense in the issuance of warrants. Hence, the “totality of circumstances” test fixed that problem, and now allows for all circumstances to be considered when issuing a warrant. When people are given more trust, like judges and school officials, who have already been trained and have earned their positions, then most of the time all rise to the occasion and everyone benefits.
Aguilar v. Texas, 378 U.S. 108 (1964)
Illinois v. Gates, 462 U.S. 213 (1983)
Spinelli v. United States, 393 U.S. 410 (1969)
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An Ideal, Ethical Criminal Justice Organization
An ideal ethical criminal justice organization (IECJO) would be one that balances the importance of giving employees autonomy and discretion with the need to control and impose rules and regulations on employee job performance. The perfect criminal justice organization would also ensure that each and every case gets processed with both the legal and compassionate attention it deserves as afforded by the Constitution of the United States of America.
Characteristics of Leadership.
The Characteristics of leadership in the IECJO would be those characteristics that model kind, efficient and compassionate leadership skills. The key to leadership is modeling behavior. The kind of person that is most respected and revered by all is the person who keeps her/his cool in both easy and difficult situations alike...grace under fire. The reason this characteristic is at the top of the list of leadership qualities is because when someone is able to remain professional in difficult circumstances, it connotes to others that the individual has the ability, experience and skill necessary to lead; but most of all it models trustworthiness.
The key characteristics of leadership can not just simply be acquired by training. Intense screening must first be applied in order to weed out those individuals who would cave under the pressure of a career in criminal justice. Crime is not pretty. In fact, it can emotionally destroy the strongest of individuals. All it takes is one photo of a crime scene that is particularly gruesome. It takes a very specific kind of individual to be able to deal with the horror, the sadness and mostly the victims. Hence, an especially savvy individual must be able to screen applicants in order to pick those who are the strongest.
The training involved, once an applicant is chosen for employment, must be based on commitment and consistency. For example, the same skills, such as dealing with victims of sexual assault, must be practiced over and over again. Role-playing is best. The trainer must as best as possible, expose the employee to many different case-scenarios. Videos are also a very efficient way of teaching and training employees to deal with the stresses of working in the criminal justice department.
A criminal justice department is only as good and efficient as are its employees. In the ideal department, the focus would be on keeping the employee healthy, happy and encouraged. The single biggest problem in criminal justice today is that the employees are poorly trained and often treated poorly by those who are at the top of the system. Many judges seem to believe that because they are judges, they are, hence, god-like. They do not hang up their robes when they leave the court-room; they often act with their employees like they do with the criminals in their court-room. Many even bring that attitude home, and the result is an alarming rise in domestic violence and divorce rates of judges. An example is Judge ***** *****, of Rockport in Aransas County, Texas, who was seen on you-tube beating his disabled daughter with the belt 20 times.
Additionally, Police officers tend to give way to power trips. The national divorce rate is 50%. All research shows police suffer a substantially higher divorce rate with estimates ranging from 60 to 75% and the list goes on and on. Employees must be nurtured at every level in the justice system, especially because of the stresses involved in crime management.
How to create such an organization as a change agent if the existing organization is corrupt.
The way to create an organization as an agent of change is to go back to the basics taught to most individuals in pre-school, kinder-garden and/or Sunday school: Treat others as you would like to be treated yourself. Corrupt organizations is epidemic. Power corrupts...absolute power corrupts absolutely...tis the nature of man. The best way to keep an organization pure and rid it of corruption is to encourage employees to be involved as big-brothers or big-sisters; to encourage bible-study and/or exercise on breaks; offer counseling when employees encounter especially horrific crime-scenes; hang up hooks on the wall at the entrance of the work place with signs above each saying, “hang your pride here”, “hang your power here”, “hang your entitlements here”, etc.
There will never be a perfectly ideal, ethical Criminal Justice organization because people are not perfect, and so many stresses are involved in dealing with crime. However, the problem begins where the effort stops. The only truly failing organization is one that has given up on hope for a better tomorrow. Every new day brings with it another chance to get things right. The ideal system is one that empowers people to be the best they can be. The best bosses are those who are the best servants. The best supervisors are the ones that model the best behavior. The most successful organization is one that never loses track of compassion and respect for all involved.
Daniel Miller , Louise Boyle and Lucy Buckland, (Nov. 2011), Father DARED me to post video: Judge's wife and daughter reveal home life of dysfunction and addiction that led to brutal beating, MailOnline, retrieved from:
Dan Goldfarb (2011), The Effects of Stress on Police Officers, Not much good news here, Heavybadge.com. Retrieved from:
Felkenes, G. 1987. “Ethics in the Graduate Criminal Justice Curriculum.” Teaching Philosophy 10(1): 23–26.
Singer, Peter. 1995. How Are We to Live? Ethics in an Age of Self-Interest. Amherst, NY:
Singer, Peter. 1995. The Importance of Ethics in Criminal Justice, retrieved from:
Written Assignment: Brain Fingerprinting
This assignment is due on the 28th
Brain fingerprinting is a controversial new tool used in helping to solve crimes. In 2-3 pages, discuss what criteria from Frye and/or Daubert will the process need to meet to be admissible as evidence in court? Be specific and support your answers.
Can you help me with this one.
And this assignment is due on the 30th
Written Assignment: Judicial Activism
Write a 2-3 page essay on judicial activism. Present the arguments on both sides of the question as to whether judges should interpret or simply apply the Constitution (a/k/a strict constructionism which we have a few justices who abide by this rule). Research and provide more current examples (the current Supreme Court docket) and predict how you think the justices will decide. Then think about that if one can predict the decisions of the justices on the Supreme Court where does that leave the idea that no case is prejudged?
Thank you again for all of your help.
Hope that you and your family have a safe and wonderful week as well as weekend.
OK all done. Just click here to retrieve. Please review. It is a little long because it was an intense question so shorten it up if you like. Let me know if you need any changes. I have also posted it below in case you have trouble retrieving it. But this document's formatting is really important because of the quotes contained therein so only copy and paste if you really really need to. It is best to download it. Good luck my friend!
The Fourth Amendment and the Terry Case
Terry v. Ohio, 392 U.S.1 was as a landmark decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous." (392 U.S. 1, at 30.) The case went on to justify its reasoning by stating that this violation of the Fourth Amendment was for the officer's own protection, and opined that police may perform a quick surface search of the person’s outer clothing for weapons if they have reasonable suspicion that the person stopped is armed. And I retort with equally memorable and far more wise words of Benjamin Franklin:
“Those who would give up Essential Liberty to purchase a little Temporary Safety,
deserve neither Liberty nor Safety.”
The decision in Terry was not one involving the question of whether the court was a liberal or conservative supreme court-that is missing the point. Rather the decision is one involving the question of whether or not the Justices had lost touch with the people whose rights they swore to uphold. I contend that it is. The reason why the (liberal) Warren Court would grant the police so many powers and violate Fourth Amendment freedoms is exactly the same reason why the “Conservative” Roberts Court would rule that full strip searches are legal, no matter how minor the violation...because the judges on the court have lost touch with reality. For example, if one of the Justices, or one of their own, were subjected to what happened to the Supreme Court Petitioner, Albert W. Florence, in the aforementioned Roberts Supreme Court Case on strip searches (Florence v. Board of Chose Freeholders of the County of Burlington et. al. 566 U.S.___(2012), where Petitioner was strip searched twice on a traffic fine that had been paid two years earlier) then those Justices would have ruled differently.
They are ruling this way for the same reason why zero tolerance policy in public schools is such a disaster and destroying the very human beings it has sought to protect. Rigid rules, minus allowing common sense to guide decisions plus a complete disregard for human liberty equals an eventual complete loss of American liberty. This is not a liberal or conservative issue, it is a Constitutional one.
Justice Douglas' dissent was more like a prophetic warning for the only free nation in the world when he warned,
“We hold today that the police have greater authority to make a 'seizure' and conduct
a 'search' than a judge has to authorize such action. We have said precisely the
opposite over and over again." (392 U.S. 1, at 37).
"To give the police greater power than a magistrate is to take a long step down the
totalitarian path. Perhaps such a step is desirable to cope with modern forms of
lawlessness. But if it is taken, it should be the deliberate choice of the people through
a constitutional amendment." (392 U.S. 1, at 38).
The Majority's dismissal of the dissent.
The majority's dismissal of the dissent is dissatisfying not because of possible increasing tensions with minority communities. Rather, the dismissal is bothersome because it implies that the Constitutional rights of police or other law enforcement officials are more important than the Constitutional rights of the people whom they serve, for whom they work and by whom they are paid, including the Justices on the Supreme Court.
The problem is that the Terry case placed Government officials as like at the top of a hierarchy, with the citizens at the bottom. Kind of like a pyramid. When in reality, when it comes to America, the upside down pyramid is the correct structure. The Terry case flipped around the powers, or at least started the rotation of the flipping of the powers of the government and her citizens. The Government is run for, by and is made up of the people...it does not rule over the people. By giving officers power to search citizens without probable cause, the court was breaking the law, themselves. Any officer who searches another without probable cause should be arrested via a citizen's arrest by the citizen whom they attempt to search. The dirty little secret is that if the American people learned their rights, and actually took the legal action just stated, the Constitution would settle right back into the place and with the power that is granted therein.
Allowing searches and seizures on less than probable caused a serious blow to Fourth Amendment freedoms.
The holding in Terry was the beginning of the end for the United States of America and her citizens. Freedom from tyranny was officially destroyed on that sad day, and as Douglas foretold, has resulted in Americans being presumed guilty until proven innocent...the exact opposite of what set her apart from all of the other nations on the planet.
Look at the erosion of freedoms in reverse: The Travel and Security Agency (TSA) with their naked body scans and enhanced pat downs where TSA agents can molest Americans openly (something even the police can not do); the Department of Homeland Security and warrantless wiretapping, snooping on computers, and even putting two way microphones in modern day appliances. Gee, and Terry was just involving a brief pat down if the police had reasonable suspicion of weapons or contraband. My how far we have come. The Fourth Amendment says today what is said back in the Terry days:
“The right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no warrants
shall issue, but upon probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched, and the persons or things to be seized.”
Now old ladies in wheel chairs are forced to show them their diapers by dropping their pants before they can board a plane; nursing moms must pump their breasts in air port bathrooms and show the milk to TSA agents, then taste it so they can board a plane; even a pilot had to show her prosthetic breast to agents before she could board the plane...TO FLY THE PLANE!
Should the majority have adopted Douglas’s position?
Florence v. Board of Chose Freeholders of the County of Burlington et. al. 566 U.S.___(2012).
Hamilton, Alexander. Federalist Papers, #84. "On opposition to a Bill of Rights.". Retrieved 2006-02-28.
John W. Terry v. State of Ohio 392 U.S. 1***** 1868; 20 L. Ed. 2d 889; 1968 U.S. LEXIS 1345; 44 Ohio Op. 2D 383.
"The Bill of Rights: A Brief History". Aclu.org. 2002-03-04. Retrieved 2011-12-10.
"The Bill of Rights". Earlyamerica.com. 2007-02-27. Retrieved 2010-05-15.
Ray Rivera, Al Baker and Janet Roberts , A Few Blocks, 4 Years, 52,000 Police Stops, The New York Times (July 11, 2010). Retrieved from:
Hi there. Here is the document due today: Just click here to retrieve. Please review. If you need any changes let me know. I will also paste it below. I am starting on the other documents now...
“Noble” Cause Corruption
Noble Cause Corruption Justified.
Theoretically, Noble Cause Corruption could be justified in only one situation: if someone I love was under a serious high risk of being killed or suffering extreme bodily injury. If the threat is immediate, imminent and all other legal avenues had been explored and found ineffective, and if the probability that the alleged guilty person's identity is determined true beyond a reasonable doubt, then I would stop at nothing to protect and defend my loved one's life.
An example would have to be a situation where someone has my loved one in his/her possession and control; like if a perpetrator kidnapped my child and held him for ransom. The threat of harm to my child would have to be certain. The identity of the perpetrator would have to be known and believed by me beyond any reasonable doubt in my mind. I would need corroboration from professionals who are not emotionally attached to keep myself in check-allowing cooler minds to prevail. Once all of those steps had been taken, I personally, whether a law enforcement officer or not, would personally put a pistol to the temple of the perpetrator if it meant saving my loved one's life.
Noble Cause Corruption Unjustified.
Unless a loved one was in risk of harm, corruption can never be justified. The term, “The ends justifies the means” is a Marxist term that connotes that the group is more important than the individual, and the individual is subject to government officials. History has proved that this never works because every human being is born with innate rights of life, liberty and the pursuit of property. These rights, when violated will always end in failure because to undermine the individual is inherently evil. It is inherently evil because it means that some other individual or individuals have more say and control over the lives of others, than those others have over themselves. This is called tyranny.
A modern day example would be the rights that the Department of Homeland Security and the Travel and Security Agency have been given. These agencies, under the justification of keeping people safe, have been given power to take the innate rights of American citizens away without any finding of probable cause. Americans are now guilty until proven innocent, and the violation of American's rights are said to be the means that is justified by the ostensible ends of a safer and terror free society. The irony is that these agencies are now the terrorist-molesting travelers, spying in innocent individuals, and eroding every crumb of privacy Americans had fought so long and hard to preserve.
Here is an example of the ramifications of the Noble Cause Corruption mindset: “Spies will no longer have to plant bugs in your home – the rise of ‘connected’ gadgets controlled by apps will mean that people ‘bug’ their own homes,” says CIA director David Petraeus. The CIA claims it will be able to ‘read’ these devices via the internet – and perhaps even via radio waves from outside the home.
“Everything from remote controls to clock radios can now be controlled via apps – and chip company ARM recently unveiled low-powered, cheaper chips which will be used in everything from fridges and ovens to doorbells.” Patraeus continues and brags that web-connected gadgets will ‘transform’ the art of spying.
-Back in December a 13-year-old middle school student in Albuquerque, New Mexico was handcuffed and hauled off to juvenile detention for “burping audibly” in class.
- In January, 12-year-old Sarah Bustamantes was arrested by police in Austin, Texas for spraying perfume on herself.
- Also in January, cops in Charlton, Massachusetts were dispatched to collect an overdue library book from a 5-year-old girl.
- A 6-year-old San Francisco boy was detained for 2 hours by the principal and forced to confess to “sexual assault” for brushing the leg of his friend during a game of tag. The boy was later charged with “sexual battery”.
- A similar overreaction ensued when an Orange River Elementary School assistant principal called cops after seeing a girl kiss a boy during PE class, labeling it a possible sex crime
- In Stockton, California, a 5-year-old boy with ADHD was “handcuffed with zip ties on his hands and feet, forced to go to the hospital for a psychiatric evaluation and was charged with battery on a police officer,” after the cop claimed the boy had kicked him in the knee.
- In Florida, 6-year-old girl weighing 40 pounds was handcuffed and then sent to a mental health facility for screaming and throwing objects in class.
These are just a handful of the cases that have occurred recently and there are probably scores more that don’t even get reported by the media. Outside of a personal threat to a loved one, there is no such thing as corruption being noble.
Bob Waugh, The CIA use Home Appliances as Spies, The Real Agenda, (March 17, 2012); retrieved from:
Paul Joseph Watson (April 17, 2012) Police Hancuff, Charge 6-Year-Old Girl For Misbehaving, retrieved from:
Steve Rothlein, (2008) Noble Cause Corruption, retrieved from:
These are due on the 23rd would love your help.
Can you help me with this discussion.
It's due on the 26th.
Thank you very kindly in advance.
Fisrt, discuss your views on the justification for punishment. Then think about if you knew for certain that the punishment of " prison did not deter crime.
Would you still be in favor of putting people in prison? Why or Why noy
Thirdly, if could predict feature criminals would you be willing to incapacitate them BEFORE they committ a crime in order to protect society? Explain.
Hi. Here it is:
Short Answers 1-5
Define the concept of judicial review and give examples. Do you agree or disagree that the courts should have the final say on what the Constitution means?
Judicial review is the doctrine under which legislative and executive actions are subject to review (and possible invalidation) by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority (such as the terms of a written constitution). Judicial review is an example of the separation of powers in a modern governmental system (where the judiciary is one of three branches of government. This principle is interpreted differently in different jurisdictions, which also have differing views on the different hierarchy of governmental norms. As a result, the procedure and scope of judicial review differs from country to country and state to state.
I agree that the courts have the final say concerning the legality of both legislative and executive decisions because it exemplifies the need for the balancing of powers in the political realm. Only judges are trained as to what is constitutionally legal and what is not. The legislative branch has power to make law, as does the president. Hence, some entity in the U.S. must have the final say in order to judge laws by comparing them to The U.S. Constitution and to case precedent-both of whom clarify the law in certain situation.
Discuss the differences between an indictment and an information. What are the merits and downfalls of each? Which would you prefer if being charged in a criminal case? Why?
An information is where the district attorney or prosecutor charges a defendant of some crime or crimes, whereas an indictment is where the a defendant is charged after a grand jury has heard the evidence. The evidence usually meets a certain standard such as legally sufficient standard or probable cause.
The merits of information is that the prosecutor is able to charge a defendant with a lower standard; the merits for an indictment is that the defendant will not be indicted unless there is a finding that it is more likely than not that defendant did the crime. The downfalls of information is for the defendant because it is easier to find him at fault and the downfall of an indictment is for the prosecutor because of the higher standard necessary to indict defendant. If I were being charged with a crime I would rather have an information because I wouldn't want the jury knowing that 12 grand jurors found that I should be charged.
Define, compare, and contrast the concepts of reasonable suspicion, probable cause, preponderance of the evidence, clear and convincing evidence, and proof beyond a reasonable doubt.
Reasonable suspicion: an objectively justifiable suspicion that is based on specific facts or circumstances and that justifies stopping and sometimes searching (as by frisking) a person thought to be involved in criminal activity at the time. Hence, A police officer stopping a person must be able to point to specific facts or circumstances even though the level of suspicion need not rise to that of the belief that is supported by probable cause. A reasonable suspicion is more than a hunch.
Probable cause: Apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution, or that a Cause of Action has accrued, justifying a civil lawsuit.
It is a higher standard than reasonable suspicion.
Preponderance of the evidence: A standard of proof that must be met by a plaintiff if he or she is to win a civil action. In a civil case, the plaintiff has the burden of proving the facts and claims asserted in the complaint. If the respondent, or defendant, files a counterclaim, the respondent will have the burden of proving that claim. When a party has the Burden of Proof, the party must present, through testimony and exhibits, enough evidence to support the claim. The amount of evidence required varies from claim to claim. For most civil claims, there are two different evidentiary standards: preponderance of the evidence, and clear and convincing evidence. A third standard, proof Beyond a Reasonable Doubt, is used in criminal cases and very few civil cases.
Clear and convincing evidence: A medium level of burden of proof which is a more rigorous standard to meet than the preponderance of the evidence standard, but a less rigorous standard to meet than proving evidence beyond a reasonable doubt. In order to meet the standard and prove something by clear and convincing evidence, a party must prove that it is substantially more likely than not that it is true. This standard is employed in both civil and criminal trials.
Reasonable doubt: The standard of proof used in criminal trials to find a defendant guilty of a crime. When a criminal defendant is prosecuted, the prosecutor must prove the defendant's guilt "beyond a reasonable doubt." A reasonable doubt exists when a juror cannot say with moral certainty that a person is guilty.
Give three arguments in favor of the exclusionary rule as it currently stands, and three arguments against it. Then explain your position on the issue, supporting it with logical examples.
The exclusionary rule is a legal principle in the United States under the constitutional law which holds that evidence collected in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law. Evidence collected in violation of defendant's rights is also called, “fruit of the poisonous tree.”
Arguments for the rule: The exclusionary rule is a means for preserving judicial integrity. This is a fair argument. If the judicial branch wishes to maintain its reputation as fair, just, and equal, then it is reasonable that the Court would create the exclusionary rule. If a court of law is unwilling to enforcing the law, then the credibility of the court will suffer over time
The rule deters law enforcement from committing illegal behavior. If a police officer knows that his or her illegal behavior will cause evidence to be thrown out of court, then he or she will not engage in the behavior. There should never Noble Cause Corruption (as discussed in a previous paper) in America.
The exclusionary rule in layman's terms sends a message to all that no matter whom the individual is no one is above the law. Incidentally, if the criminal gets off for a technicality, he/she will probably break the law again and again and will eventually get caught so there will be another chance in the future for the officers to get it right.
Arguments against the rule: the judicial system has not extended the exclusionary rule to civil cases, and (2) when evidence is suppressed that represents the truth, the integrity of the court must be called into question
The United States Constitution does not explicitly or implicitly mention the exclusionary rule . Therefore, one must question the constitutionality of the exclusionary rule. There are other possible remedies the Court could have adopted for evidence obtained in violation of defendant's rights. The court does now allow evidence if the officer used good faith in obtaining it, like where she/he thought that there was a warrant.
Judge Benjamin Cardozo, generally considered one of the most influential American jurists whose opinions in several cases pronounced lasting principles of American law, was strongly opposed to the rule, stating that under the rule, "The criminal is to go free because the constable has blundered." I call this the O.J. Rule. Much of the evidence against O.J. Simpson was excluded, and a killer went free.
The U.S. Supreme Court has held that although a vehicle stop is a form of seizure, the motorist is not fully protected by the Fourth Amendment. Explain the reasons given by the Supreme Court in this decision. Do you agree or disagree? Why or why not?
The reasoning of the court is that when someone drives a car, it is mobile with windows, and hence there is no expectation of privacy for the occupants. With no reasonable expectation of privacy, the court opined that there is no violation of the 4th amendment violation which is based upon defendant's expectation of privacy.
I disagree. When the court ruled as it did, it opened the door to many more justifications for the government to violate an American's constitutional rights. Terry case degraded the constitutional rights to be free from government touching the person, traffic violation degraded the constitutional rights to be free from government intrusion of property. Now we have the TSA with naked body scanners, and a license to molest citizens, stop sections in traffic where police randomly search vehicles; the Department of Homeland Security and their illegal wiretapping, the National Defense Authorization Act that says American's can be detained and held indefinitely, and most recently, the rule which allows the IRS to take away an American citizen's nationality if they do not pay their taxes...America is now a police state with more rules against personal liberty than was there in communist countries.
Axia College. (2004). Week three overview. Retrieved June 16, 2009, from Axia College, Week Three rEsource. ADJ275-The Exclusionary Rule.
Davies, Thomas. “Farther and Farther from the Original Fifth Amendment: The Recharacterization of the Right Against Self-Incrimination as a 'Trial Right' in Chavez V. Martinez”, Tennessee Law Review, Volume 70, pages 987–1045 (2003).
Leonetti, Carrie (Winter). "Independent and Adequate: Maryland's State Exclusionary Rule for Illegally Obtained Evidence". University of Baltimore Law Review 38: 231.
Oaks, Dallin H. (1970). "Studying the exclusionary rule in Search and Seizure". University of Chicago Law Review (The University of Chicago Law Review, Vol. 37, No. 4) 37 (4): 665–757. doi:10.2307/1598840. JSTOR 1598840.
Here go the last of my written assignments.
This one is due on the 2nd
In 3-4 pages, analyze the following information, comments, and questions. In U.S. v. Dickerson (2000), the U.S. Supreme Court held that Miranda was required by the Constitution and was not a court-made rule that could be overruled by Congress. The Fourth Circuit held otherwise. Which institution-the U.S. Supreme Court or the U.S. Congress-can most safely be entrusted with protecting citizens against abuses of government power? Since Miranda has been applied against the states for almost forty years since its inception, how can it be credibly be argued that it is just a rule for federal courts? This was a significant victory for the rights of suspects, but also a victory of the U.S. Supreme Court over Congress. Given the court's role in deciding the contested 2000 U.S. presidential election and its ability to rule authoritatively on some of society's most contentious issues, (e.g., abortion, school desegregation, affirmative action), is the U.S. Supreme Court now the most powerful branch of government? If so, is this a good thing?
Does the decision made by the Supreme Court in Dickerson have implications for the federal exclusionary rule? If Miranda is a command of the Constitution and cannot be overruled by Congress isn't the exclusionary rule a rule of the Constitution? The current U.S. Supreme Court position is that the exclusionary rule is a court-made rule and not a command of the Constitution. Can that logic survive Dickerson? Why or why not?
This one is due on the 4th
(Keep in mind, while completing this assignment, the video you watched regarding the elderly man getting tased by the officers because he was refusing to go to the hospital.) Recent cases have addressed the issue of liability with regards to both police officers' individual liability as well as the potential civil liability of government entities. From your readings Town of Castle Rock v. and Brosseau v. Haugen one might say that these cases could be said to favor law enforcement. In 2-3 pages, respond to the following questions: Do you think that this is a trend in this country towards stopping litigation against law enforcement officials? Do you agree with the decisions in these cases? Why or why not? Do officers have enough to worry about without being concerned with potential lawsuits? Should we eliminate the ability of citizens to sue government in the kinds of cases in these examples?
This one is due on the 6th
Find a case where a criminal justice professional, i.e. defense attorney, prosecutor, judge, correctional officer, probation or parole officer has been caught in unethical practices. In 1-2 pages, briefly summarize the case, the ethical dilemma and issue, and what the outcome(s) was/were. Did you agree or disagree with the outcome? Explain your rationale.
And this final one is due on the 8th
In 1-2 pages, assess how you would implement an anti-corruption strategy in a prison known for brutality and other forms of corruption.
Compare and contrast ethical issue and ethical dilemma. Provide an example of each.
Ethical Issue: in philosophy, the study and evaluation of human conduct in the light of moral principles. Moral principles may be viewed either as the standard of conduct that individuals have constructed for themselves or as the body of obligations and duties that a particular society requires of its members. In other words, ethical would mean doing the right thing. If taken in a negative manner it means manipulating your work procedures.. eg; reporting late to work but updating attendance as reported on time, giving false info to customers to get a sale etc.
Ethical Dilemma, in contrast. Les Misérables exemplifies ethical dilemma: caring for one's family who needs food but have no money verses the fact that steeling food is wrong. If he steels, it is wrong, but if he doesn't feed his family, it is wrong. The play chose to feed his family because the consequences at the time of his family starving to death seemed worse than the sin of stealing.
Differentiate between teleological systems and deontological systems
Normative ethical systems can generally be broken down into three categories: deontological, teleological and virtue ethics. The first two are considered deontic or action-based theories of morality because they focus entirely upon the actions which a person performs. When actions are judged morally right based upon their consequences, we have teleological or consequentialist ethical theory. When actions are judged morally right based upon how well they conform to some set of duties, we have a deontological ethical theory.
Teleological moral systems are characterized primarily by a focus on the consequences which any action might have (for that reason, they are often referred to as consequentalist moral systems, and both terms are used here). Thus, in order to make correct moral choices, we have to have some understanding of what will result from our choices. When we make choices which result in the correct consequences, then we are acting morally; when we make choices which result in the incorrect consequences, then we are acting immorally.
Deontological moral systems are characterized primarily by a focus upon adherence to independent moral rules or duties. Thus, in order to make the correct moral choices, we simply have to understand what our moral duties are and what correct rules exist which regulate those duties. When we follow our duty, we are behaving morally. When we fail to follow our duty, we are behaving immorally.
Summarize cultural relativism. Provide examples
Cultural relativism is the principle that an individual human beliefs and activities are understood by others in terms of that individual's own culturee. This principle was established as axiomatic in anthropological research by Franz Boas in the first few decades of the 20th century and later popularized by his students. Boas first articulated the idea in 1887: "...civilization is not something absolute, but ... is relative, and ... our ideas and conceptions are true only so far as our civilization goes.
Distinguish between distributive, corrective, and commutative justice
Distributive justice concerns the nature of a socially just allocation of goods in a society. A society in which incidental inequalities in outcome do not arise would be considered a society guided by the principles of distributive justice. The concept includes the available quantities of goods, the process by which goods are to be distributed, and the resulting allocation of the goods to the members of the society.
Commutative justice refers to that which is owed between individuals, such as in conducting business transactions. Commutative justice calls for fundamental fairness in all agreements and exchanges between individuals or private social groups. It is distinguished from other forms of justice, such as contributive justice, which refers to what individuals owe to society for the common good; legal justice, which refers to rights and responsibilities of citizens to obey and respect the rights of all and the laws devised to protect peace and social order; and distributive justice, which refers to what society owes to its individual members, i.e., the just allocation of resources. Restitution in moral theology signifies an act of commutative justice by which exact reparation as far as possible is made for an injury that has been done to another. That virtue whose object is, to render to every one what belongs to him, as nearly as may be, or that which governs contracts.
Compare and contrast substantive justice and procedural justice. Give an example of each
"Procedural justice refers to the idea of fairness in the processes that resolve disputes and allocate resources. Procedural justice concerns the fairness and the transparency of the processes by which decisions are made, and may be contrasted with distributive justice (fairness in the distribution of rights or resources), and retributive justice (fairness in the punishment of wrongs). Hearing all parties before a decision is made is one step which would be considered appropriate to be taken in order that a process may then be characterized as procedurally fair.
Substantive justice, on the other hand, is often regarded as 'true' justice. As in, you commit a crime, you are punished for it. How you GET to that point (being punished for your crime) is not as important as the fact that said punishment happens."
Describe and discuss modeling and reinforcement and how it related to moral development
Modeling is when an individual acts in such a way in his behavior. For example, a parent must model good behavior for his children. In teaching a son how to treat a woman, the father can speak kindly to his wife, bring her flowers, and listen to her when she speaks. Modeling is even more important that teaching with words because without modeling the behavior that is taught, the teacher is a hypocrite and the words become just that-words. Reinforcement is when good behavior that has been taught is rewarded. For example, if a child works hard at school and gets good grades, that behavior can be reinforced by the parents by giving praise, and even a reward to the child. Modeling and reinforcement is crucial in moral development because it is a tangible acting out of, and a tangible result of good behavior. Once a lesson becomes tangible and more than just words, then the lesson taught becomes a new and positive character trait in the person who was being taught the lessons in the first place.
Describe and discuss Kohlberg’s moral development theory. What problems do critics see with his theory?
Kohlberg has focused on moral development and has proposed a stage theory of moral thinking. He found that there are stages to moral development:
Level 1. Preconventional Morality: Stage 1. Obedience and Punishment Orientation. Kohlberg's stage 1 is similar to Piaget's first stage of moral thought. The child assumes that powerful authorities hand down a fixed set of rules which he or she must unquestioningly obey. Stage 2. Individualism and Exchange.
Level II. Conventional Morality: Stage 3. Good Interpersonal Relationships. At this stage children--who are by now usually entering their teens--see morality as more than simple deals. They believe that people should live up to the expectations of the family and community and behave in "good" ways. Good behavior means having good motives and interpersonal feelings such as love, empathy, trust, and concern for others. Stage 4. Maintaining the Social Order. Stage 3 reasoning works best in two-person relationships with family members or close friends, where one can make a real effort to get to know the other's feelings and needs and try to help. At stage 4, in contrast, the respondent becomes more broadly concerned with society as a whole. Now the emphasis is on obeying laws, respecting authority, and performing one's duties so that the social order is maintained.
Describe Bandura’s definition of self-regulation and discuss at least four of the ways it can be “turned off.”
The ability to self-regulate has been viewed as a desirable quality throughout history because of its positive affects on behavior and the acquisition of skills (Reid, 1993). The appeal of self-regulation and its positive effects on behavior and educational outcomes has prompted much research in this area. "Self-Regulation refers to the self-directive process through which learners transform their mental abilities into task related skills" (Zimmerman, 2001). This is the method or procedure that learners use to manage and organize their thoughts and convert them into skills used for learning. Self-regulation is the process of continuously monitoring progress toward a goal, checking outcomes, and redirecting unsuccessful efforts (Berk, 2003). In order for students to be self-regulated they need to be aware of their own thought process, and be motivated to actively participate in their own learning process (Zimmerman, 2001).
Perceived self-efficacy is defined as people's beliefs about their capabilities to produce designated levels of performance that exercise influence over events that affect their lives. Self-efficacy beliefs determine how people feel, think, motivate themselves and behave. Such beliefs produce these diverse effects through four major processes. They include cognitive, motivational, affective and selection processes.
This can be turned of by losing standards, having no reinforcement, no criterion, no reward, losing sight of goals.
Discuss what potential ethical issues arise with community policing. Why might community policing act as an “insulator” against unethical behavior?
Across the United States today, police departments are increasingly using newer information
and communications technology (ICT) to engage local communities in preventing and solving
crime. ICT offers an array of ever-expanding interactive tools, including Web sites, e-mail
listservs, and cell phones, to help law enforcement do its job. The technology is developing at
a dizzying pace, and police departments throughout the country are harnessing the power of
technology—particularly its capacity to collect, store, and share vast amounts of information
at unprecedented speeds—to aid them in their work.
The Internet, in particular, has opened a new frontier for law enforcement, with many
police departments using the Web’s unique abilities to enlist the public’s assistance in tracking
down offenders. Consider, for example, the growing use of social networking sites, such as
MySpace and Facebook, to identify sexual predators, and video-sharing sites, such as You-
Tube, to post surveillance videos of suspects. The problems arise with privacy concerns; more specifically, these new technological innovations makes it easier to keep track of citizens and violate their 4th Amendment protection to be free from government search and seizure with out a warrant. Police tend to want power, and technology allows them absolute power which corrupts.
List and discuss Klockars’ four elements of police control
The key elements are institutions and individuals, general right to use coercive force, within the state's domestic territory. Additionally, all internal disciplinary programs share four common elements: establishing a code of conduct; conducting internal investigations; adjudicating misconduct; and reporting on the disciplinary process. We have police to keep things that should not occur from occurring.
Define and describe what is meant by ‘reactive investigations.’ Give an example
Most of the patrol work is reactive. 90% of patrol work is reactive in the cities. Proactive equals self-initiated work like traffic stops, dealing with the homeless, discouraging prostitution, etc. It is reactive when police get calls for service. Fewer than 25% are reactive, therefore. Only 13% of officers work is crime-related. Most frequent activity is general patrol.
List and discuss the psychological traits associated with officers that are likely to use excessive force.
The likely traits that lead one to use excessive force are those who are power hungry, those insecure with themselves, those who have been abused or raised in an abusive home, those who are quick tempered, those who are untrained, those who are addicted to drugs and/or alcohol, those with PTSD from war that had no therapy to help them work through issues from war, those who are from homes where the male is the dominant figure (like in India or other eastern countries).
List and describe various forms of law enforcement deviance presented in your text
Various forms of deviance involve dealing in drugs, stealing goods from the evidence room, taking bribes, planting evidence, lying on reports to get a conviction, molesting women or children over whom they have been given control or power, beating their wives, excessive drinking, lying for fellow officers, disregarding citizen's 4th Amendment rights, using excessive force for power.
What are the arguments for the acceptance of gratuities?
Police gratuities - the long-time and controversial practice of providing unsolicited largess to sworn law enforcement officers - is a situation that was debated on legal and moral grounds long before September 11, 2001. The acceptance of gratuities has been scrutinized since the beginning of policing. The gratuity provenance stems from the early days of policing when service was provided by a fee-for-service system.
A gratuity is the receipt of free meals, services, or discounts. Nonfederal police usually do not regard these as forms of corruption ("not another lecture on the free cup of coffee or police discount"). These are considered fringe benefits of the job. Nevertheless, they violate the Code of Ethics because they involve financial reward or gain, and they are corruption because the officer has been placed in a compromising position where favors (a "fix") can be reasonably expected in the future. When there is an implied favor (a "wink and nod"), it's called "mooching". When the officer is quite blatant about demanding free services, it's called "chiseling".
Gratuities often lead to things like kickbacks (bribery) for referring business to towing companies, ambulances, or garages. Further up the scale comes pilfering, or stealing (any) company's supplies for personal use. At the extreme, opportunistic theft takes place, with police officers skimming items of value that won't be missed from crime scenes, property rooms, warehouses, or any place they have access to. Theft of items from stores while on patrol is sometimes called "shopping
Discuss the research concerning use of force. What factors seem to be associated with it?
The U.S. Commission on Civil Rights has stated that "…in diffusing situations, apprehending alleged criminals, and protecting themselves and others, officers are legally entitled to use appropriate means, including force." In dozens of studies of police use of force there is no single, accepted definition among the researchers, analysts, or the police. The International Association of Police Chiefs (IACP) in its study, Police Use of Force in America 2001, defined use of force as "The amount of effort required by police to compel compliance by an unwilling subject." The IACP also identified five components of force: physical, chemical, electronic, impact, and firearm. To some people, though, the mere presence of a police officer can be intimidating and seen as use of force.
The Bureau of Justice Statistics (BJS) in Data Collection on Police Use of Force, states that "…the legal test of excessive force…is whether the police officer reasonably believed that such force was necessary to accomplish a legitimate police purpose…"
Studies on suspect, encounter and officer characteristics disclose factors that can have an affect on use of force. Some of the main factors are suspect demographics, demeanor, social class, intoxication, he use of drugs/alcohol. For suspect, factors include race, gender, age, For encounters, factors include weapons, resistance, proactive contact, arrest, conflict. Officer education, gender race and experience were factors with the most evidence pointing to experienced officers tend to use more force. The other factors are mixed.
Explain how people distinguish between law and justice
Law is a set of rules and regulations that must be followed in order to facilitate a fair and orderly society, and preserves the rights of other individuals. Justice, on the other hand, is what an aggrieved individual deserves when those rights are violated. The goal is to make whole the aggrieved party in civil justice; and the goal is to punish the wrong-doer in criminal justice. Society believes one must pay for his wrong-doings either by paying for or being punished for (and sometimes both) wrong-doings.
Compare and contrast natural law and positivist law.
Natural law, or the law of nature (Latin: lex naturalis), is a system of law which is purportedly determined by nature, and thus universal. Classically, natural law refers to the use of reason to analyze human nature. -- both social and personal -- and deduce binding rules of moral behavior. Natural law is contrasted with the positive law (meaning "man-made law", not "good law") of a given political community, society or nation-state, and thus serves as a standard by which to critique said positive law.. According to natural law theory, which holds that morality is a function of human nature and reason can discover valid moral principles by looking at the nature of humanity in society, the content of positive law cannot be known without some reference to natural law (or something like it). Used in this way, natural law can be invoked to criticize decisions about the statutes, but less so to criticize the law itself.
Positivist law, in contrast, Legal positivism is a school of thought of philosophy of law and jurisprudence, largely developed by nineteenth-century legal thinkers such as Jeremy Bentham and John Austin. However, the most prominent figure in the history of legal positivism is H.L.A. Hart, whose work The Concept of Law caused a fundamental re-thinking of the positivist doctrine and its relationship with the other principal theories of law. In more recent years the central claims of legal positivism have come under significant attack from Ronald Dworkin.
It is difficult to summarize positivist thinking, but it is generally accepted that the central claim of legal positivism is the following:
"In any legal system, whether a given norm is legally valid, and hence whether it forms part of the law of that system, depends on its sources, not its merits.
What are Good Samaritan laws? Give examples
Good Samaritan laws are laws or acts protecting those who choose to serve and tend to others who are injured, ill, in peril, or otherwise incapacitated. They are intended to reduce bystanders' hesitation to assist, for fear of being sued or prosecuted for unintentional injury or wrongful death.
Good Samaritan laws take their name from a parable told by Jesus commonly referred to as the Parable of the good Samaritan which is contained in Luke 10:25-37. It recounts the aid given by one traveler (from the area known as Samaria) to another traveler of a different religious and ethnic background who had been beaten and robbed by bandit.
A good Samaritan law was featured in the May 1998 series finale of the popular NBC situation comedy Seinfeld, in which the show's four main characters were all prosecuted and sentenced to one year in jail for making fun of (rather than helping) a fat man who was getting robbed at gunpoint. In reality, while Massachusetts (where the fictional crime was committed) does have a law requiring passersby to report a crime in progress, the most stringent punishment the characters could have suffered under those circumstances would have been a $500–2,500 fine (assuming they were prosecuted under state law); in addition, the phrase "good Samaritan law," when used in Massachusetts, refers only to the civil law definition and does not have any actual relevance to the law under which Jerry Seinfeld and his friends were prosecuted (which would be considered a duty to rescue).
List and discuss the major justifications for law presented in your text
Major justifications for law are to maintain a civilized society. Order and justice must prevail in order for an organized society to prevail. Chaos, at all costs, must be avoided. The major justification is that all individuals are born with an innate right to life, liberty and the ownership or land and property. These rights, when offended, must be either punished or made right. The aggrieved party must be made whole and criminal law that punishes criminal behavior helps detour bad behavior. Almost every society agrees that murder, lying, stealing, raping, and other acts are wrong and should be punished.
Discuss some types of laws that are justified by legal moralism. What are the major arguments for and against such laws?
Many laws are justified by legal moralism like protecting people from having their goods stolen or protecting people from violence from others. Some think that the only things more subjective than laws are morals. Particularly since most peoples morals are centered around their religious beliefs. If you create laws based on this you force others to obey another religion, which is unconstitutional. However, child protection laws, which are highly necessary could be classified as moral as well.Morals are what determine the greater social good, which is what laws are supposed to preserve and protect. But morals also appear as sets of beliefs about right and wrong adhered to by particular groups. Whose to say what groups morals should be law. Usually majority wins, and laws for a particular reason, be it city or state, end up reflecting the views of the citizens in that particular area.
List and discuss the three paradigms of law.
The three paradigms of law is the consensus, conflict and the pluralist paradigm:
Consensus Paradigm – the thought that most individuals have similar beliefs, values and goals and that societal laws reflect the majority view
Conflict Paradigm – the thought that groups of society have fundamental, competing, differences and that those in power control the law
Pluralist Paradigm – the idea that there are many groups in society and those groups form alliances and coalitions in a dynamic exchange of power
The consensus paradigm views society as a community consisting of like-minded individuals who agree on goals that are important for ultimate survival. This view is functionalist because it sees law and institutions as an aid to the growth and/or survival of society. Social scientists working in this paradigm take the perspective of society as an aggregate operating through agreement between its constituent elements, working to the benefit of the aggregate. The best-known of the consensus-oriented theories is structural-functionalism, which sees society as a system of mutually supportive institutions where each institution contributes to the system as a whole, maintaining it in equilibrium. The consensus paradigm focuses on the integration of society, with its own groups/individuals which have their own functions/roles to help improve the peoples lives. Consensus paradigm fits in the category of macro-sociology, because it focuses on the patterns that shape an entire society. Functionalists believe that society is maintained through the thought of trust and consensus on moral values for ideal behavior. Working together will result in a stable social environment that will create equality. Conflicts or dysfunctions will be view as a disease in the social system.
The conflict paradigm is based upon the view that the fundamental causes of crime are the social and economic forces operating within society. The criminal justice system and criminal law are thought to be operating on behalf of rich and powerful social elites, with resulting policies aimed at controlling the poor. The criminal justice establishment aims at imposing standards of morality and good behavior created by the powerful on the whole of society. Focus is on separating the powerful from have nots who would steal from others and protecting themselves from physical attacks. In the process the legal rights of poor folks might be ignored. The middle class are also co-opted; they side with the elites rather the poor, thinking they might themselves rise to the top by supporting the status quo.
What is Cohen’s position regarding the lawyer’s role? How do Memory and Rose criticize this position?
Cohen argues that a morally good person is just, truthful, morally courageous, liberal in the sense of having morally respectable monetary habits, benevolent, trustworthy, and morally autonomous and that effective lawyers routinely fail to exhibit those characteristics.
The last sentence is significant. Instead of stating merely that there is a tendency for lawyers to engage in immoral behavior, Cohen claims that an effective lawyer “will fall well below the minimum standards of a morally good person.” His article attempts to make good that claim.3 Cohen translates his claim into a general condemnation of the adversarial system, maintaining not only that “the lawyer so conceived will inevitably fall short of our marks of a morally good person,” but also that, “as a
result of such shortcomings, there is substantial disutility in the pure legal advocate concept of lawyering
Explain conflict paradigm and give an example.
Conflict paradigm is a theory of society based on conflict and change. The conflict paradigm is based upon the view that the fundamental causes of crime are the social and economic forces operating within society. The criminal justice system and criminal law are thought to be operating on behalf of rich and powerful social elites, with resulting policies aimed at controlling the poor. The criminal justice establishment aims at imposing standards of morality and good behavior created by the powerful on the whole of society. Focus is on separating the powerful from have nots who would steal from others and protecting themselves from physical attacks. In the process the legal rights of poor folks might be ignored. The middle class are also co-opted; they side with the elites rather the poor, thinking they might themselves rise to the top by supporting the status quo.
Describe restitutive law and give an example.
The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. Obligations to make restitution and obligations to pay compensation are each a type of legal response to events in the real world. When a court orders restitution it orders the defendant to give up his gains to the claimant. When a court orders compensation it orders the defendant to compensate the claimant for his or her loss.
This type of damages restores the benefit conferred to the non-breaching party (the plaintiff). Simply, the plaintiff will get the value of whatever was conferred to the defendant when there was a contract. There are two general limits to recovery, which is that a complete breach of contract is needed, and the damages will be capped at the contract price if the restitution damages exceed it.
The orthodox view suggests that there is only one principle on which the law of restitution is dependent, namely the principle of unjust enrichment. However, the view that restitution, like other legal responses, can be triggered by any one of a variety of causative events is increasingly prevalent. These are events in the real world which trigger a legal response. It is beyond doubt that unjust enrichment and wrongs can trigger an obligation to make restitution. Certain commentators propose that there is a third basis for restitution, namely the vindication of property rights with which the defendant has interfered. It is arguable that other types of causative event can also trigger an obligation to make restitution.
Describe the various theories of distributive justice.
Distributive justice theory argues that societies have a duty to individuals in need and that all individuals have duties to help others in need. Proponents of distributive justice link it to human rights.
OK all done with the discussion. I organized it so you can answer question by question:
Justification for Punishment Discussion
The question of whether punishment works has been a subject of debate amongst scholars for years. Between 1990-2000 crime rates dropped 30% while the imprisonment rate doubled. John Lott, senior research scholar at Yale Law School and author of More Guns, Less Crime, "Why the recent drop in crime?" answers: "Lots of reasons--increases in arrest rates, conviction rates, prison sentence lengths." ...and continues that increased private deterrence through concealed handgun carrying laws and changes in illegal drug markets have also been factors. Other experts show that there is no association between imprisonment rates and crime reduction in the 50 states. Hence, the debate rages on.
Justification for punishment.
The first memory of punishment for most people is when they were punished by their parents. For the sake of this discussion, only proper parental punishment will be discussed, not abuse by parents that they justified as “punishment.”
One of the earliest proponents of discipline can be found in the world's best-selling book of all time-The Bible. The verse is well known to most: “Spare the rod, spoil the child.” (Proverbs 13:24.) It means that if one does not discipline a child, he or she will never learn obedience and good manners. This verse, when interpreted correctly, does not advocate cop oral punishment per se, rather it advocates “punishment” for wrong-doing which could be time-outs, being grounded, losing privileges, etc.
Scholars may debate the justification of punishment, but for the public at large, there is no debate. Public opinion strongly supports the use of prisons to give criminals the punishment they deserve. The endorsement of punishment is similar across all social groups. More than three-quarters of the public see punishment as the primary justification for sentencing. Still, the public holds out some hope for rehabilitation, too. Close to 60 percent express hope that services like psychological counseling, training, and education inside prison will rehabilitate criminals. (Reynolds, 2000.)
I tend to agree with the public at large. So long as there is no corruption involved in the process, criminals should be punished on some level.
If prison does not deter crime.
If prison does not deter crime then I would still send murders and rapists and violent felons to prison to get them off of the streets for the safety of others. I would try only to send those with life sentences to prison.
Reasoning: It would be unfair to society to allow murders on the streets, they are put in prison specifically to protect other innocent individuals from becoming victims.
As for crimes involving drugs, I would attempt to rehabilitate but it should be paid for by the drug offender, not by tax dollars. Most of those who are in prison because of drugs were addicted to drugs. Some crimes are a direct threat to society like murder, but other crimes are more a direct threat to one's self. Hence, for the drug offenders who only hurt themselves, they should be kept out of prison, and put into a rehabilitation center.
Imprisoning pre-offending individuals.
“ If one could predict feature criminals would you be willing to incapacitate them BEFORE they commit a crime in order to protect society?” used to seem like a question straight out of a Hollywood movie. However, Presidents Bush and Obama has made this ridiculous and vulgar violation of American liberties (the 4th Amendment and Due Process) a reality.
President Obama recently said that he would detain, indefinitely, people who might perform terrorist acts. The pre-offenders could be held without counsel, without any Constitutional protections at all. In fact Obama said he and his cohorts would develop fair criteria for such action.
President Bush and his Department of Homeland Security has become a justification to treat the United States as a possible terrorist playground, thereby qualifying the DHS to offend all American liberties to “protect” citizens. Now there are over 1 million American citizens on the “no fly list.” Most of whom do not know why they are on the list; and all of whom can not get off of the list. This is imprisonment in that it falsely imprisons Americans in their own country, disallowing them to travel. Even babies and young children are on the list.
There are dozens of more examples of modern day “imprisonment”:
-Obama issued an Executive Order providing that American's citizenship shall be removed for those who have not paid up on their taxes.
-HR 3166 and S. 1698 also known as the Enemy Expatriation Act is a bill which says would give the US government the power to strip Americans of their citizenship without being convicted of being ‘hostile’ against the United States.
-The TSA can deter travel by molesting and taking naked pictures of travelers without a finding of probable cause.
-The DHS can spy on anyone, anytime, anywhere for any reason that they deem necessary. They have unfettered discretion.
-The recent MIAC Strategic Report, (2012) went out the the DHS warning them that the following list of things might be terrorist-related and such individuals exemplifying the qualities must be watched:
Pro-lifers, Pro-second amendment, returning vets, states right advocates, Ron Paul Supporters, and the list goes on and on.
Ben Johnson (2012) Constitutional experts: Pro-life “terrorists” could be permanently detained without trial under law. Retrieved from:
Morgan Reynolds – (November 1, 2000) Does Punishment Work to Reduce Crime?, The Heartland Institute. Retrieved from:
Chuck Baldwin (2012), A Slippery Slope Towards Abject Tyranny. Retrieved from: http://manifestliberty.com/tag/indefinite-detention/
HR 3166 and S. 1698 also known as the Enemy Expatriation Act
MIAC Strategic Report (2009) retrieved from:
Hi. All done. Just click here to retrieve. I have also pasted it below.
Should Judges Interpret or Apply the Constitution
Should judges interpret or simply apply the Constitution.
At the risk of sounding like a fence straddler, the judges should both interpret and apply the Constitution. The Constitution is a very old document. Things were different in the 19th and 20th century. Some important questions of law could not have been imagined back then, like intellectual property rights for computer programs, etc. The fascinating thing about our forefathers is that they purposely wrote this document to be a living and active entity...one that could grow with its people whom it represents. Hence, in some cases, Judges must sometimes interpret what the constitution says concerning modern issues.
The problem arises when Judges end up legislating from the bench. The reason why judges are subject to such scrutiny before judgeship is because such important and controversial questions as the aforementioned are commonly presented before a magistrate at all levels. Judges are entrusted with important questions of law so that lay persons can rely upon their wisdom based upon the judges' education, experience and research. There is really no other that is qualified and educated enough to provide analysis for such detailed analysis of such important issues involved with the rights protected of the American citizens. Judges are entrusted with the life and well being of the citizens of the United States. This is a very high calling. Hence, the task of the judges involved must be undertaken with extreme caution and analysis.
A modern example of judges interpreting and applying the law are intellectual property rights for computer programs. On one hand, there were no computers when the Constitution was born. On the other hand, the Constitution provides for the Due Process rights of life, liberty and property ownership. Hence, although the framers did not know and could not have imagined computers, they wrote personal property rights into the Constitution in general. This leaves the judges to determine what the intent of the Constitution means as it relates to modern issues, which is called interpretation.
As aforementioned, the problem arises when Judges legislate from the bench. Laws have to go through a process of checks and balances before they are passed. When Judges make law or policy under the guise of interpreting the intent of the Constitution, then they are abusing their discretionary powers and should be removed or impeached. For example, one of the most recent Supreme Court Justice appointed, Sonia Sotomayor, has stated, laughingly, that “the appellate court is where policy is made.” She implied that to be a dirty little secret.
Current Supreme Court Cases.
The most popular Supreme Court case involves how the Justices will decide the Constitutionality of the Health Care Bill. More specifically, does the federal government have the power (via the commerce clause), to mandate American citizens to buy health insurance. Secondly, can the bill be partially affirmed, or is the bill's life an all or nothing proposal.
Sadly, most individuals can predict how the Justices will side based purely on whether the Justices are conservative or liberal. This is problematic because this ability to predict the outcome of the cases exemplifies the break down of the balancing of powers established and demanded by the Constitution.
Predicting outcomes of cases does not so much prejudice cases as it does harm the American citizens. Prejudice occurs when, for example, the news and other such media outlets blatantly force non-stop coverage of a case that has yet to come to trial. The jury pool is tainted at this point because of the media coverage. This prejudice is at its worse when the media takes sides, as in the Trevon Martin case. Some media outlets went so far as to cut and splice its coverage of what Mr. Zimmerman said during his 911 call. The operator asked, is the guy White, Black, Hispanic? Zimmerman responded, Black. The media spliced the 911 call so that it had Zimmerman saying, There is a suspicious guy walking around, he is Black.” The media wanted to fuel the fire of a race war. They even referred to Zimmerman as a “White” Hispanic. A new term made up by the media. Does that make Obama a “White” Black man?
There will always be debates concerning what is Judicial interpretation, and what constitutes judicial activism or Legislating from the bench. This dialogue is a good thing for America because it keeps our leaders on their toes, as it were. The worst thing that could happen is if the leaders of our country forget for whom they work (us), and think of themselves with more power than, and more highly than they are. As long as citizens care enough to keep the leaders in check, the American Dream will remain alive and well for all.
"About The Supreme Court". Administrative Office of the U.S. Courts. Retrieved 2010-02-17.
"Article III - Legal Information Institute". Cornell University Law School. Retrieved 2010-02-17
Jeffrey Rosen, (2009), What's Wrong with Judges Legislating from the Bench, Time Magazine Politics, Retrieved from:
Richard Wolf, (2012) Supreme Court Wrestles with Obama Health Care Law, USA Today, The Oval, retrieved from:
All done. Click here to retrieve. I have also pasted it below.
Supreme Court or Congress
Which institution-the U.S. Supreme Court or the U.S. Congress-can most safely be entrusted with protecting citizens against abuses of government power?
It is a knee-jerk reaction for most to assume that Congress can most safely be entrusted with protection citizens from abuses of government power because congress is elected by the people, and made up of the people. Congressman and women can be removed from office by simply voting in new members. Hence, as time changes, so does the make up of the Congress. Supreme Court justices, on the other hand, can only be removed from office via impeachment, retirement and death; and they are appointed, rather than elected into office by the people.
However, it is that very same reasoning that can be used for giving the U.S. Supreme Court the power. Congressmen and women must be elected into office: Congress, every two years, Senators every six years. In essence, Congress is always in campaign mode and there are many a temptation to vote for what will benefit them personally rather than what will benefit the public who voted them in. Further, with complicated and complex issues that arise, the public at large will not even know and understand those kinds of matters, so if elected officials vote or make policy on complex issues that benefit only them, their constituents won't even know about it.
Government is fraught with corruption. The temptation is just too great for most of those involved. They are treated as Gods, and eventually many come to believe they are. One example is the Louisiana purchase deal with the health care bill: The congress ….......
Since Miranda has been applied against the states for almost forty years since its inception, how can it be credibly be argued that it is just a rule for federal courts?
Protections apply to the states via the Fourth Amendment. So any rights upheld by the courts or in the Constitution apply to the citizens of states. Hence, the protections provided by Miranda protects both Federal and State rights and entities.
This was a significant victory for the rights of suspects, but also a victory of the U.S. Supreme Court over Congress. Given the court's role in deciding the contested 2000 U.S. presidential election and its ability to rule authoritatively on some of society's most contentious issues, (e.g., abortion, school desegregation, affirmative action), is the U.S. Supreme Court now the most powerful branch of government?
The Supreme is not necessarily the most powerful branch of government, but it is the most experienced and educated branch of government concerning the Constitutional rights of American citizens. There is a catch, however. Most individuals can predict the outcome of cases in the Supreme Court based upon the political leanings of its Justices. This fact is disconcerting, and seriously erodes the trust in and the authority given to the Supreme Court.
Nonetheless, the court still is the most familiar with the legal happenings in America over time. It was the Supreme Court who articulated the rights of women and minorities in the civil rights era. The Court was able to analyze the Constitution as it applies with the times, and is beholden to no one in its rulings because their appointments are for life. The Justices owe nothing to anybody. They are free to rule as they seem fit. Unless the Justices are actively remaining loyal to the political affiliation of the president that appointed them, the Justices will rule on the issues before it backed by law. Each Justice must explain his/her ruling. Congress is required to do no such thing. That means that the opinions of the Court can be analyzed with a fine toothed comb. The Court must communicate with the public why it ruled as they did.
If so, is this a good thing?
The requirement of the Justices to justify their opinions is at the heart of American values. The Constitution is the Bible for American rights. When an entity interprets it, the reasoning must be available for those whom it protects. When Congress makes law, they do not necessarily have to explain themselves thoroughly as to how their decisions measure up to current law. The Justices do have to explain themselves and then make their explanations public. Because of this, even though they are appointed for life, they are less likely to rule on an issue based upon whether or not their ruling will be politically advantageous to their career.
Does the decision made by the Supreme Court in Dickerson have implications for the federal exclusionary rule?
In Miranda v. Arizona, the Supreme Court held that statements of criminal suspects made while they are in custody and subject to interrogation by police may not be admitted in court unless the suspect first had certain warnings read to him beforehand. By now, these warnings are familiar to most Americans—the suspect has the right to remain silent during the interrogation, that anything he says to the police may be used against him in a court of law, that he has the right to legal counsel, and that if he cannot afford legal counsel a lawyer will be provided for him.
In 1968, two years after the Miranda decision, Congress passed a law that purported to overrule it. This statute, 18 U.S.C. § 3501, directed federal trial judges to admit statements of criminal defendants if they were made voluntarily, without regard to whether he had received the Miranda warnings. Under § 3501, voluntariness depended on such things as (1) the time between arrest and arraignment, (2) whether the defendant knew the crime for which he had been arrested, (3) whether he had been told that he did not have to talk to the police and that any statement could be used against him, (4) whether the defendant knew prior to questioning that he had the right to the assistance of counsel, and (5) whether he actually had the assistance of counsel during questioning. But the "presence or absence of any of" these factors "need not be conclusive on the issue of voluntariness of the confession." Because § 3501 was an act of Congress, it applied only to federal criminal proceedings and criminal proceedings in the District of Columbia.
The implication of Miranda requirements by the Supreme Court is because of the very real probability of suspects feeling coerced into admitting to something that they did not do. Just look at the process: A suspect is arrested. The officer is in uniform. The suspect is taken and restrained with handcuffs before it has been proven that he committed any crime. Then he is taken against his will to a police station where every single employee in the line of police are against him; or at the very least, in support of the officer's decision to arrest him. Then, the suspect is put into a room and questioned, at times, for hours. The suspect is scared, tired, worried...and probably does not know his or her rights.
There is only one thing protecting the suspect from tyranny, and that is that in America, the Constitution protects its citizens and considers them innocent until proven guilty. When a suspect is arrested, the whole world of the police intervention is against them. The actions of arrest suggest in practice that the suspect is guilty until proven innocent. Suspects are even held in jail until they make bail, or if they are not rich enough to make bail, until they are proven innocent in trial.
If Miranda is a command of the Constitution and cannot be overruled by Congress isn't the exclusionary rule a rule of the Constitution?
The exclusionary rule is a legal principle in the United states under constitutional law which holds that evidence collected or analyzed in violation of the defendant's constitional rights is sometimes inadmissible for a criminal prosecution in a court of law. On the face of this rule, this may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right. However, in some circumstances at least, the exclusionary rule may also be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process of law".
The exclusionary rule is grounded in the Fourth Amendment and it is intended to protect citizens from illegal searches and seizures. The exclusionary rule is also designed to provide a remedy and disincentive, which is short of criminal prosecution in response to prosecutors and police who illegally gather evidence in violation of the Fifth Amendment in the Bill of Rights compelled to self-incriminationn. The exclusionary rule also applies to violations of the Sixth Amendment, which guarantees the right to counsel.
Most states also have their own exclusionary remedies for illegally obtained evidence under their state constitutions and/or statutes, some of which predate the federal constitutional guarantees against unlawful searches and seizures and compelled self-incrimination.
The current U.S. Supreme Court position is that the exclusionary rule is a court-made rule and not a command of the Constitution. Can that logic survive Dickerson?
Logic can survive. What the Supreme Court articulated in defining the Fifth and Sixth Amendment rights to be free from self incrimination and to provide an attorney during all critical stages of a case is well within the perimeter of the implications of those aforementioned amendments. The reasoning behind the Supreme Court's holdings stems from the rights guaranteed by the right to be free from self-incrimination and the right to an attorney. The court merely pointed out the obvious in an analysis. The rights involved are innate in that they secure the rights of American citizens. The reason that the right is protected is because the rights of the accused are paramount. Miranda and the Exclusionary rule is there so that defendants are protected from the possibility that officials may fudge the facts. The rules involved are there to keep officials from eliciting information from unknowing suspects. The police deal with the rights of people on a daily bases and are held to know and implement those rules. Miranda and the Exclusionary rules are there to protect the suspect in light of the suspect's probable misunderstanding of his rights. The rules are more Constitutional than court made in that the rules stem naturally from defendant's well established right to be free from any unreasonable act by government official. Due Process provides protections for citizens to combat possible wrongful actions of the government
Violations by the government against the rights of citizens must be codified as changes take place in the life of citizens. Miranda and the Exclusionary rule stem logically from a defendant's right to have oppressive actions against them to be disallowed. Hence, in light of Dickerson, the reasoning is sound.
"Mirandize". The American Heritage Dictionary of the English Language. Houghton Mifflin Company. 2004. Retrieved 2007-09-18.
California v. Prysock, 453 U.S. 355 (1981).
"Alaska State Troopers". season Season 2.
Bravin, Jess (2 June 2010). "Justices Narrow Miranda Rule". The Wall Street Journal.
Duckworth v. Eagan, 492 U.S. 195 (1989) (upholding use of sentence by Hammond, Indiana police).
Vernon, McCay; Steinberg, Annie G.; Montoya, Louise A. (1999). "Deaf Murderers: Clinical and Forensic Issues". Behavioural Sciences and the Law 17 (4): 495–516. doi:10.1002/(SICI)1099-0798(199910/12)17:43.0.CO;2-6.
NC Defender Manual, Suppression Motions (NC School of Government 2002)
Fed. R. Crim. P. 12 allows motions to be made orally or in writing in the court's discretion. But many courts have local rules of practice requiring written motions.
Adams & Blinka, Pretrial Motions in Criminal Prosecutions 2ed. (Lexis 1998) at 5.
Roe v. Harvey, 98 Eng. Rep. 302 (K.B. 1769).
Rudd's Case, 168 Eng. Rep. 160 (K.B. 1775).
Warden v. Hayden, 387 U.S. 294 (1967).
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Guilty Until Proven Innocent-The New American Mindset
There are a variety of reasons why the court exonerates the police from charges of excessive force and violating a defendant's Fourth Amendment right to be free from unreasonable search and seizure by government officials. Among them: Exoneration for shooting someone when persons in the immediate area are at risk from the felon's flight (Saucier v. Katz, 533 U.S., at 202). In Katz the court bent over backwards to clear the officers even from violating the law if the law at that time did not clearly establish that the officer’s conduct would violate the Constitution. This is reminiscent of Bill Clinton’s statement in court that “It depends on what the meaning of 'is' is.” Another excuse police violation stands only where it is clearly established that the police violated defendant's rights (Cole v. Bone, 993 F.2d 1328 (CA8 1993), and Smith v. Freland, 954 F.2d 343 (CA6 1992) ).
There is definitely a trend in the United States towards denying litigation against law enforcement officials. There are three turning points that have steered Americans towards losing their fundamental rights to litigate: First, the Patriot Act; second, The Department of Homeland Security (DHS); and third, the National Defense Authorization Act (NDAA). At first glance there seems to be no direct connection between those wanting to litigate against officers and/or the government. But in the eyes of public opinion, the connection is painfully evident.
When 911 occurred, it was the first time in a very long while since Americans united for a cause. The passing of the Patriot Act was done when Americans were suffering from post traumatic stress disorder as a country after 911. Americans were scared. But the Patriot Act was the first piece of legislation that allowed government officials more power than have the citizens. The problem gets worse from there. Next, public opinion was united in support for giving the government almost limitless power to keep her safe from a repeat of that horrendous day. The DHS was the infrastructure necessary to make the change of having the government rule over the people by stripping Americans of their Fourth Amendment right to be free from unreasonable search and seizure by the government. In its place was a new government power: that power was to single-highhandedly decide whose rights to violate, and whose not. The no-fly watch list is over one million people-no one knows how they got put on a list with real terrorist, or how to get off the list.
The NDAA went even further and gave the government the power to detain, indefinitely American citizens at the discretion of the government. In fact, recently, the U.S. President has announced that if any American is owing the IRS, then that American's citizenship shall be stripped from them. And now, the right to redress against wrongful government action is taking place. The Travel and Security Administration (TSA) is openly molesting and fondling American citizens. Even police officers may not touch others without probable cause. Magistrates can not order such a search. So the minimum wage TSA security personnel can feel up and down all travelers.
Americans have had their Fourth Amendment rights, their Sixth Amendment rights ( to confront his/her accusers), their privacy rights (to their body taken by the TSA), and now their American citizenship stolen from them. Even Communist China can't feel people all over their bodies. We have sunk lower and lower into the filth of government tyranny.
Disagreement of the holdings.
I disagree fervently with the decisions. The problem is the same problem that has happened via the new acts and powers and stripped rights-Americans are thinking as subjects of their government leaders, bowing to authority. The judges in these cases are suffering from the same problem. They measure right and wrong on the safety of the officers rather than the rights of the citizens. That is the critical issue at play.
Officer's conduct should be tempered by liability of their illegal and abusive behavior.
Officers have nothing to worry about...they have all of the guns. Like employees (which they are) are kept in line by fear of discipline for their bad behavior by their employers (which the American people are). The government has gone so far as to illegally ship guns to Mexican drug cartels that have been used to kill Americans in Fast and Furious with the goal of stripping Americans fully of their Second Amendment right to bear arms. Here is a quick sum up of the rights lost in the past 11 years: Second, Fourth, Sixth, Amendments, fundamental right to privacy, fundamental right to litigate their right to citizenship, and the list continues. Are Americans really going to sit back and let their ostensibly “all-knowing and ever virtuous” government officials decide whose rights to strip, and whose rights to remain intact?
The right to sue government is the only redress for American citizens
Power corrupts; absolute power corrupts absolutely. Police brutality is occurring more and more for the exact same reasons aforementioned. Americans have allowed themselves to be overrun by the government and to bow to authority. Officers are now taught to arrest wrong-doers rather than protect their people. Some must even meet a quota. This is a huge shift in thinking for the officers. Almost every single entertainment program glorifies government authority, even when the actions of the officers are illegal. Americans are told that government knows what is right for us and can be trusted with the rights of the people.
The mind-set of both police officers and American citizens has been brain-washed into thinking they are guilty until proven innocent and to give up their liberty for the higher cause of apparent security. Americans are now taught to place their hope in the government and to accept the change that comes from it. The saying, “Mother knows best” has been replaced with “government knows best”-just look at the schools in Chicago who now disallow parents from packing their kids' lunches because they accuse parents of irresponsibility in feeding their children. So the children must eat the government food. This teaches these children that the authority is not in their parents, rather in the government. Many believe that the government is trying to save them from their abusive parents.
To eliminate the ability of citizens to sue government is to hammer the final nail into the coffin of tyranny.
Brosseau v. Haugen, 543 US 194 - 2004 .
Estate of Starks v. Enyart, 5 F.3d 230 (CA7 1993).
Cole v. Bone, 993 F.2d 1328 (CA8 1993).
"Police officers in trouble: Charges against policeman McManus by his sergeant". New York Times. June 23, 1893.
Saucier v. Katz, 533 U.S., at 202.
Smith v. Freland, 954 F.2d, at 347.
Stephany Farr, Tasering, police suspensions prompt emergency declaration in Delco boro (2012); retrieved from:
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The Inept Handling of the O.J. Simpson Case
The O.J. Simpson case is an example of heinously masterful lawyering of counsel for defendant, and freakishly inept handling of the crime scene by the LAPD that ultimately handed O.J. Simpson an acquittal. The investigative mistakes made by the police at the crime scene include the collection, handling, and processing of the evidence for the case. To label the LAPD handling of the case as bad behavior is an understatement.
From the get-go, the problems began. There were too many people at the crime scene. 18 people were signed in to the crime scene before the lead detectives had arrived, none of which were criminalists or coroners. (Jones 3) The original two officers on the scene should have secured the scene, and the only others allowed should have been the coroner and the two lead detectives. This provided for doubt in the collection of evidence of the crime scene. But this mistake pales in comparison to one of the single biggest gaffe of the LAPD in this case - detective Tom Lange arranged for a blanket from inside of Nicole Simpson's home to be placed over Ms Simpson, apparently to preserve her dignity from photographers. (Jones 4) Hence, every bit of evidence found on Ms Simpson's body, and some of the surrounding areas had been tainted. Obviously O.J.'s hair would be found all over Ms Simpson from the blanket that surely had been used by Mr. Simpson when he was still together with Ms Simpson. The LAPD should have had exact procedures in place as to how to handle a crime scene, like who is permitted on the scene, who is in charge, various responsibilities when present at a crime scene, etc. There was none of that in this case, and the defense attorneys had a hay day with the corruption of the crime scene.
Additionally, much of the evidence collected was missed at first, and had to be collected July 3rd, almost three weeks after the crime which occurred June 13. Detective Lange had finally established himself as lead detective and them left the scene to interview O.J. with no one in charge; hence, blood evidence was missed on the back gate that could have been caught on the final walk-though. (August 11) When the blood was finally collected, the scene had been released and others had access, calling into question the reliability of the evidence collected. This mistake provided for the defense argument that evidence had been planted. Another mistake was that the photographer forgot to set the time on his camera when filming the bloody socks in O.J.'s house, so the defense theory of planted evidence was strengthened... criminalist Dennis Fung's collection time (of the bloody socks collected it into evidence) was before the time logged in the picture of the socks.
The LAPD was not the only entity exemplifying bad behavior in the case: the prosecution was not prepared due to a last minute change in lead prosecutor, Judge Ito made decisions not founded in law, the case was filed in downtown Los Angelos instead of Santa Monica where O.J. Simpson lived...and the list goes on and on. However, the LAPD set the stage for more of a circus rather than a courtroom battle. The behavior exemplified by the LAPD will go down in history as some of the worst ever recorded in the turn of the century.
August, Bob. "Answers." The Real O.J. n.d. 30 Nov. 2006. < http://www.bobaugust.com/answers.htm>.
B. Drummond Ayres Jr. Simpson Case Has Errors, Coroner Says, The New York Times 1994.
Douglas Linder . The O.J. Simpson Trial, Jurist, University of Missouri-Kansas City School of Law. 2000. Retrieved from:
Jones , Thomas . "Notorious Murders/Most Famous: O.J. Simpson." Crime Library: Criminal Minds and Methods. 2005. Court TV. 30 Nov. 2006.
Ogle, Robert. Crime Scene Investigation and Reconstruction. New Jersey: Pearson Prentice Hall. 2004.
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Corruption is a common occurrence in prisons in this country and around the world. The reason for this is because prison environments provide for the combination of individuals with lost rights and individuals with full power, plus minimal monitoring. This equation produces inevitable corruption.
The antidote to corruption is exposition. Corruption happens under the cloak of darkness. Once light is shed on the wrong-doing, a sort of purification process occurs and wrongs are righted. Hence, the first step in a successful plan to purge corruption from prisons would be video tape all actions in prison, and to give full access of operations to reliable media sources. “Reliable media sources” means any media other than the establishment media (ABC, CBS, NBC, Fox) because the establishment media are beholden to multimillionaire owners and run stories that are only beneficial to their individual agendas.
With the aforementioned in mind, the anti-corruption strategy would provide unfettered video taping and access to the daily happenings of the common prisoner. Often, when brutality occurs, it is a he or she said/he or she said situation. If everything is videotaped, then the truth will be shown.
Constant training for employees who deal directly with the inmates is a must. When one person is in charge of and has control over another person's life, like in prison, the one in control tends to get on a power trip. The old saying, “Power corrupts; absolute power corrupts absolutely,” is unfortunately and aged old saying that still applies to every human being because it is innate in human nature to control those around. With this in mind, daily reminders to the guards of the importance of resisting the temptation to engage in corruption is the most important strategy to stave off corruption.
The bigger problem is when there are drugs involved. Drugs are bought and sold in every area of prison life. Both guards and inmates engage in this activity. Guards take bribes. Money talks. Guards don't make a lot of money, so the temptation to receive $500 here, $500 is huge. Drug-testing everyone every week, or even everyday would break this facet of corruption. Hence, drug testing to catch whose on drugs, and video of how they got access to the drugs would fare well in prisons. Normally, tracking others actions is unconscionable in the life of everyday individuals. But when a criminal goes to prison, by breaking the law he forgoes these constitutional protections and should be monitored.
By implementing the aforementioned strategies of video taping, employee training and drug testing would cut into some of the corruption. Unfortunately there will always be corruption because people are easily corrupted.
Bernard J. McCarthy, (1988), Keeping an Eye on the Keeper: Prison Corruption and Its Control.
Jennifer Waite, (2009), Corruption: True Stories from Prison.
Mail Online, (2012), Prison Service 'Institutionally Corrupt.'
Noel Lawrence, (2012), How to Prevent Prison Corruption.