With correctional populations at an all time high, the cost of maintaining the prison system has been breaking state budgets for years (Pew Center on the States, 2009). For example, the state of Kentucky was facing a $1.5 billion revenue shortfall in 2009 at the same time that it was being sued by its own counties for costs associated with jailing prison overflows. This growing fiscal crisis has been facing politicians, corrections officials, and criminologists for years with no easy solution in sight.
One possible solution to prison overcrowding is the widespread adoption of community- and problem-oriented policing (Maguire and King, 2004). These policing strategies identify locations that foster criminal activity and design interventions that change the environment in ways that discourage such activity; therefore, they are primarily preventive in nature. Common examples would be 'broken windows' and 'hotspot' policing. However, these policing strategies tend to ignore…… [Read More]
Controlling Organized Crime
Organized crime is a threat that does not only affect the United States and its domestic security and economy, but also the worldwide community. Indeed, with the development of the Internet and new communications technology, it has become very easy for criminals to conduct their activities without being detected. Terrorist attacks such as the events of 9/11/2001 have also created a distraction that allowed organized crime to flourish in the shadow of counter terrorism efforts. This is why those agencies that fight organized crime must renew their efforts and establish relevant policies and laws to more effectively combat organized crime today.
According to Finklea (2010), one agency that has been created to combat organized crime is the Organized Crime Council. Because of the increasing threat of not only domestic but also international organized crime, the Council has reconvened to address this threat for the first time in…… [Read More]
Elements of a Criminal Act: Analysis
An attempted murder can be interpreted as the incomplete or the unsuccessful attempt to take someone’s life. This is a serious crime that will most probably lead to imprisonment for the perpetrator. Although attempted murder is characterized by the obvious attempt on someone’s life some situations can lead to the dismissal of an attempted murder case of even attract a lesser penalty (Attorneys.com, 2018). The outcome of an attempted murder trial has a lot to do with how the defense lawyer argues out a case just as it has a lot to do with the evidence availed in court (Attorneys.com, 2018). A defense lawyer will do everything in their power to help the court understand why the ensuing situation was not an attempted murder. The state attorney on the other hand will provide evidence that proves beyond reasonable doubt that there was an…… [Read More]
The reduction occurs through allowing the counties to acquire other methods of jailing apart from the prisons. This includes out-of custody rehabilitative treatments, which could serve in reducing the number of the criminals taken to the prisons. However, the AB109 criminals must be individuals whose crime are not violent and not that serious as provided by the law. This means that that jailing of the A109 criminals in other alternative would involve selection from the other criminals. However the unstated implication is that it would be much difficult to rate a crime as either more serious or not serious. Consequently, the rationale provides higher chances of biasness of selecting some non-serious cases while leaving others.
Implication of the policy
The criminal justice implication of the policy will mainly affect the non-violent arrestees. The decision of keeping them in custody, would affect their ability to avoid recividism future. The social implications…… [Read More]
Officers simply enter information on these cases and the program attempts to make possible connections to other entered data. (FI).
Clearly this program increases understanding of criminal typologies because it allows a law enforcement agency to find patterns in behavior across numerous jurisdictions. More so, it is an easy and efficient method of tracking criminals, including sex offenders, especially in cases that have gone unsolved for numerous years.
Modus Operandi Database
Modus Operandi, which means, "mode of operation" is used to describe a criminal's characteristic patterns and style of going about their criminal acts. It is often used in offender profiling as tracking the modus operandi often leads to clues involving the offender's psychology. A modus operandi database merely collects and organizes information on modus operandi, allowing law enforcement agencies to make connections to other agency information.
Such database programs clearly allows law enforcement agencies to increase their understanding of…… [Read More]
The Criminal Type
What do you think of when someone talks to you about the 'criminal type'? Is there a specific 'type' of person that can be construed 'criminal?' According to Jessica Mitford, "Americans are preoccupied with crimes of the poor and as such the 'criminal type' has surfaced in American consciousness as a social creation." This paper is going to examine the concept of 'criminal types' and argues that anybody has the potential to be a criminal under certain definitions. We will also examine the concept of 'American ias' towards certain racial and socio-economic groups within the American justice system.
The word 'criminal' according to the Oxford Modern English Dictionary (1996) is "a person who has committed a crime." A crime, in the same dictionary is defined as, "a serious offence punishable by law" (Oxford, 1996). So it would be safe to assume from these definitions that…… [Read More]
However, as criminals become more aware of undercover tactics, the covert officer is required to provide more and more proof that he is indeed a criminal- which leads to the officer committing acts that compromise his or her integrity for the sake of maintaining cover. y understanding the often conflicting nature of these goals, deception and integrity, we can see how an undercover officer can become confused, lost, and susceptible to temptation (i.e. criminal behavior).
y examining both aspects- environmental factors and personality factors- we take into account both sides of a complex relationship. These two groups of factors, when combined together, shed some light on the exact nature of criminal tendencies amongst police officers.
Definition of Terms
Covert: another term for undercover, meaning the use of deception for the purpose of gathering information or intelligence.
Non-covert: police officers that, even in plain clothes, maintain their own true identity instead…… [Read More]
Criminal Decision Making: The Elements of the Culture of the Street and Party Life and Their elation to Criminal Decision-Making
Understanding offenders' lifestyles and the process by which they choose to commit criminal acts is critical particularly because it has important implications for crime control. Very often, certain elements of the street and party life influence the offender's assessment of the risks and rewards of crime. According to Shover and Honaker (1992), commitment to drugs and partying, as well as street culture, leads to alienation of offenders from mainstream society and pushes them away from a conventional life. Over time, they adopt a socially bounded rationality and become accustomed to a criminal lifestyle to a point where they break the law as a result of addiction, rather that free will. It is, therefore, imperative to understand the role played by these lifestyles in shaping the motivation for crime because it…… [Read More]
Since ICO focuses on a pattern of behavior instead of just on the criminal acts that are involved prosecutors find it relatively easy to prove these cases. If an organization is convicted of committing two of the specified crimes within a ten-year period then they can be convicted of racketeering.
Legitimate business owners deserve to have protection from groups that wish to pursue illegal activity. The ICO Act was put into place in order to afford these legitimate businesses this protection. Since the interpretation of the ICO Act has been expanded we have also seen protections from mail fraud and wire tapping to be included in the protections that are guaranteed to the people. The ICO Act is always going to be subject to interpretation, but the protections that if gives business owners will always be seen as good.
Cecil, Greek. (1991). Is This The End of ico? Or…… [Read More]
Criminal Procedure Law
This document outlines the proposed criminal justice system. Its aim is to prevent and control crime and criminal acts through punitive measures and penalties to those who violate the set laws. The paper is a suggested criminal justice system for a national jurisdiction, at the federal level. The jurisdiction has a population of about one million people who are equally dispersed in the urban cities and rural areas of the nation. The social and economic status of the residents in this jurisdiction ranges from the very poor to the very rich. The country has its fair share of illegal immigrants and the criminal acts perpetrated in the country do compare throughout all the regions of the country.
Murder is the termination of the life of a human being. The life of a human being starts at the point of conception. Murder is an act committed…… [Read More]
But there more to the personal side for Duke Cunningham, for doling out contracts was more than a matter of choosing the most qualified and lowest priced as mandated by federal rules. It was also a matter of choosing the contractor that could provide the most for him. The white collar criminal always looks to personal advantage. Lobbyists, like the now-convicted Mitchell Wade, helped steer paying clients to Cunningham. In exchange for a $21 million dollar contract from the Department of Homeland Security, a limousine company also furnished personal services to the Congressman, including the transport of "escorts" for Cunningham's personal pleasure. (ozen, 2006)
Cunningham also pleaded guilty to accepting $2.4 million dollars in bribes from actual defense contractors. The congressman actively sought out contacts in the defense world, boasting that, "I feel fortunate to represent the nation's top technological talent in the 'black' world.... [and] appreciated the opportunity to…… [Read More]
Criminals -- Born or Made
Since the construction of the first civil society, behavioral rules distinguishing what is acceptable and what is criminal have existed. Even though individuals typically have a concept of conventional moral behavior, criminal conduct is represented in every society and culture. Criminal deviance is not a novel construct, and has long been the intrigue of researchers, philosophers, and theorists to determine criminal motivation and link the relationship between individuals and the execution of criminal acts. One central argument that has evolved in the realm of criminality is the nature vs. nurture debate, which questions if criminals are born or made. Biological, psychological, and sociological disciplines each offer theories into the origin of criminality to explain if criminal behavior is a consequence of genetics or a matter of the environment in which they are raised (Jones). The biologist introduces genetic evidence and explains the effects of varying…… [Read More]
Gaetz, S. (July 2004). Safe streets for whom? Homeless youth, social exclusion, and criminal victimization. Canadian Journal of Criminology & Criminal Justice.
This journal article reports the researcher's survey findings regarding the prevalence of victimization among street youths compared to domiciled youths. Gaetz defines the street youth operatively as "people up to the age of 24 who are 'absolutely periodically, or temporarily without shelter, as well as those who are at substantial risk of being in the street in the immediate future" (433). Survey findings show that just as expected, victimization mostly occur among the street than domiciled youth. Moreover, street youth reporting of criminal victimization is not common among both males and females. 41.7% of the respondents who have been victimized "told a friend" about the incident of victimization, 33.1% "did not tell anyone," and a far 17.2% reported the victimization to their partner (boyfriend or girlfriend)…… [Read More]
In addition, they could be effective in super high-crime hot spots, such as the bar the authors describe in Minneapolis, which recorded an astounding number of assaults throughout the year; roughly 1 in 4 patrons would suffer an assault during the study (Sherman et al. 44). Thus, random patrols in a hot-spot area like this could help deter crime and apprehend offenders. However, chances are that the very nature of the random patrol would be so random that it would not encounter criminal activity, and so, it would be less effective than other forms of patrol.
Interestingly, most patrol officers disagree with the findings of these studies. Author Kelling and his colleagues write, "Three-fourths of those surveyed in the South Patrol Division [in Kansas City] more than moderately agreed that routine patrol was the most important function of the department" (Kelling, et al. 38). This is not only because they…… [Read More]
Criminal Law and Psychopathy
Various studies have in the past indicated that there is a high correlation between violence/criminal behavior and psychopathy. This would largely be expected given that psychological studies into the character and disposition of psychopaths has demonstrated that the need for control (or power) as well as egocentrism, which also happen to be the dominant character traits of psychopaths, are predictors for deviant or antisocial behavior. The debate on whether or not psychopaths should be held criminally responsible for their acts, and thus be subjected to criminal punishment, has been raging for a long time. On one side of the debate are legal scholars, lawmakers, and judges who are of the opinion that psychopaths have an existing predisposition to commit crimes as a result of their lack of concern or compassion of any kind for those they hurt. Psychopathy is on this front regarded as…… [Read More]
The problem of determining the right approach is compounded by the effects of the culture of violence to which many young offenders are exposed. In some cases, it is possible to reform their behavior but in other cases, juvenile offenders already take on the hardened attitude normally associated with adult offenders. As a result, some juveniles are too far gone to reach through non-punitive methods by the time they reach high school age.
In terms of the protections afforded by American due process principles, those principles are essential to the fair administration of criminal justice and they provide a much more fair judicial system than those of most other countries (Dershowitz 2002).
However, in terms of the distinction between due process with respect to suspending concepts of guilt in crimes perpetrated by juveniles, the strict application of punitive sentences for criminal conduct may sometimes be more appropriate. Certainly, there are…… [Read More]
This essentially would send John to a treatment facility where he will undergo constant monitoring, education, and counseling. (Sims 2005; p. 106; Lewis, 2002; p. 77).
After successfully completing his inpatient treatment program, John still cannot be released to his own initiative. More likely than not John comes from an environment that would make alcohol and other triggers readily available. Further, John has a history of not following through with outpatient treatment. For this reason, the court should order that John be placed in a controlled environment, such as a halfway house.
While serving his time in a halfway house or other residential facility, John will be continually monitored and be able to live in a dry environment. Here John will be able to attend group therapy, individual counseling, and other similar programs. (urnet, 2004; p. 303).
The benefits of this special probation program is that John will retain enough…… [Read More]
To distinguish battery from assault, the major deciding factor is whether there has been an actual touching of the victim. If so, the crime can only be battery. However, if there has been no such touching, then the act may or may not constitute an assault, depending on the circumstances and the wording of the law.
All jurisdictions include certain aggravating factors that raise a simple assault to an aggravated assault, which are typically felonies. These aggravating circumstances include using a dangerous or deadly weapon and/or having the intent to rape, maim or murder the victim.
An example of an aggravated assault, which is a felony, would be if Jack threatened to hit John with a baseball bat and came swinging at him. In the case at hand, if Sharon had missed her husband, her act would most likely be held as an aggravated assault. However, once the contact or…… [Read More]
criminal justice system comprises of key features that generally include the criminal act, investigations into it and subsequently arresting the suspect, abhorrence to suspect's rights in the course of due process, the trial as well as the sentencing after a guilty verdict has been passed. The sentencing of a suspect follows the guilty verdict and at this stage of the criminal justice process, the judge determines the suitable punishment. This is the most important aspects of the criminal justice system and pivotal in the pursuit of preventing crime. The sentencing stage is based on four key objectives that include deterrence, rehabilitation, incapacitation, and retribution.
In general terms deterrence in the criminal justice system is expected to have two effects. The clear certainty of action against offenders, potential law breakers should be deterred by the risk of arrest and second, the punishment may affect behavior change by the potential offender…… [Read More]
Criminal Justice System
The civilized society is one that is founded on laws and values where each member of society thereto should abide by and adhere to. Any breach or non-conformance to said statutes and principles will be met with corresponding sanctions and more particularly in cases that are criminal in nature. Thus, the criminal justice system is the law enforcement mechanism that involves the investigation, arrest, prosecution, defense, all the way to sentencing and commitment to the penal institution for those accused of, suspected or charged with criminal offenses. Despite the raison d'etre of the criminal justice system existing to protect the members of society, the system is far from perfect and there are several issues that continually needed to be addressed. These issues vary such as the disparity between the types of defense the rich and the poor accused can avail of where the former can seek the…… [Read More]
However, the neuroimaging process would have to be performed exactly when the criminal performs a crime in order to understand more about his brain status, as mental states change and the criminal can think differently in diverse circumstances. In contrast to mental states, however, genes remain the same throughout one's life and authorities can actually understand if a criminal had a criminal mind or not by studying them (Gregoriou, 2003).
There have apparently been cases when criminals received less severe sentences on account of their nature, as psychiatrists determined that their genetics predisposed them to committing violent acts when they were provoked. "Abnormalities were found in five genes that have been linked to violent behavior. One of these genes encodes an enzyme called MAOA -- metabolizing enzyme monoamine oxidase a. Previous research has associated low levels of MAOA expression with aggression and criminal conduct in boys raised in abusive environments"…… [Read More]
Victim advocates, also known as witness specialist or victim service providers are professionals within the criminal justice trained to offer support to crime victims in a compassionate and helpful manner. While the role of a victim advocate varies relative to the laws of a state, the roles could be summed into providing information provision, paperwork filing, crisis counseling, and court accompaniment. The role of a victim advocate may as well extend to contacting organizations such as social services and criminal justice that may provide information pertinent to a crime. The pertinent information provided may include; victim’s rights, victimization, crime prevention, criminal justice process, notification of inmates escape or release. Given that the victim possesses the most informed perspective relative to the crime, as opposed to telling the victim what decision to effect, a victim advocate provides the victim with diverse information that aid in reaching the appropriate decision…… [Read More]
Social Control and the Life-Course Perspective
Social control theories attempt to understand crime by looking at the formal or informal social controls which lead most people to forego criminal behavior but simultaneously fail to hinder others. Of the various individual theories which fall under the umbrella of social control, perhaps one of the most disruptive and innovative for the sociological study of crime is Robert Sampson and John Laub's life-course theory, which posits that not only does childhood and adolescent behavior predict later criminal behavior, as suggested by numerous other theories, but that certain events throughout one's life may also serve to alter a person's trajectory towards or away from criminal behavior, such that one attempting to understand the social factors precipitating crime must necessarily examine an individual's life-course, rather than just his or her childhood behavior and development. To understand just how much Sampson and Laub's theory differs from…… [Read More]
Criminals of the Bible written by Mark Jones in the year 2006. Criminals of the Bible examines and studies the subject matter of the different criminal acts committed by different persons in the Bible. These criminal acts in the book are considered as a measure against Mosaic Law, a law that was common for an extended period of time within which the Bible was written. In addition, Mark Jones, the author, takes into consideration peer studied assessments of criminal law theorists both in the 21st century and even before. The Bible is such an intriguing and interesting book. It consists of numerous stories from the creation story to the end of the world that can be fascinating and keep one enthralled with the different characters. The book offers a societal, legal and political context of the criminal acts that took place at that point in time (Jones and Johnstone, 2012).…… [Read More]
ubstance abuse greatly impacts many, if not all, aspects of an individual's life and is typically linked to behavioral, economic, educational, legal, medical, psychological, public health, and social problems. In the past 10-15 years, attention has been increasingly focused on the correlation between psychiatric disorders and substance abuse. Numerous researchers have discovered a strong contemporaneous relationship between psychiatric disorders and substance abuse in both clinical and general population samples of adolescents (Boyle and Offord, 1991; Brook and Brook, 1990; Kessler et al., 1996) and adults (Breslau et al., 1993; Helzer and Pryzbeck, 1998; Kessler et al., 1996). For example, Kessler et al. (1996) found that psychiatric disorders generally preceded the development of addictive disorders in individuals with both co-occurring psychiatric disorders and substance abuse. Other researchers have found a correlation between the diagnosis of behavior or psychiatric disorder and the frequency of alcohol and tobacco use (Boyle and Offord, 1991).…… [Read More]
Criminal Acts and Offender Behavior
Theoretical Dimensions of Criminal Behavior
Laws exist to maintain order and peace and provide for the safety and well-being of all members of society. Acts that disrupt and threaten this system of order are deemed criminal in nature and are therefore punishable by law. The psychology of criminal behavior addresses the thought processes that result in deviant acts and the motivations that drive them. It is believed that criminal types operate from a self-centered framework that shows little, if any regard, for the safety and well-being of others (Merton, 1968).
There are generally three broad theoretical models of criminal behavior: biological, psychological, and sociological. Most theoretical models overlap in their analysis and point to the genetic predisposition of some individuals toward criminal behavior, as well as environmental influences (Morley & Hall, 2003). Most commonly both play a part in developing a person's tendency to engage…… [Read More]
Criminal Justice: Juvenile Delinquency
Juvenile delinquency is described as the participation of minors, usually under the legal age of 18, in criminal activities. Cases of juvenile delinquency have increased at an alarming rate in recent years. According to the Office of Juvenile Justice and Delinquency Prevention, OJJDP (2015), juveniles under the age of 18 are responsible for about 10% of all homicides. In the period between 1990 and 2003, violent crimes by juveniles declined significantly - but after 2003, the previous trend continued and about 30% of murder crimes were attributed to delinquency. Today, the Federal Bureau of Investigation (FBI) incarcerates more than 33000 minors under the age of 18 for different criminal offenses (OJJDP, 2015). The fight against juvenile delinquency is often inconvenienced by recidivism. ecidivism occurs when juvenile offenders relapse back to their criminal ways after they are released from residential care. Majority of juvenile offenders are rearrested…… [Read More]
These methods of informal deterrence would help to prevent Bobby's criminal behavior.
Since he already committed the crime, Bobby would certainly need to be punished. However, Beccaria strongly argued that punishment must not be cruel, and must fit the crime. Clearly, Bobby never intended to hurt the homeowner; he broke into the home when he knew she would not be there.
Depending on the amount of property stolen, Bobby would have to pay the consequences. If this is his first offense, Bobby could be sentenced to a public form of community service, such as picking up trash by the roadside. He would also have to regularly report to a counselor. Parents could impose a strict curfew. This mixture of informal and formal methods of deterrence would help to stop Bobby from engaging in more criminal behavior.
Beccaria, Cesare. 1963. On Crimes and Punishment.…… [Read More]
This was due to the fact that defense attorneys often attempted to prove consent by showing that a victim did not resist the assault or had a sexual history suggesting that she would have consented to the sexual contact. Now, N.J.S.2C:14-2 no longer contains a requirement that the perpetrator overcame a resisting victim. Instead, in cases of forcible rape, the Code simply requires that the defendant: committed the assault during the course of certain specified felonies (N.J.S.2C:14-2(a)(3); was armed or seemed to be armed (N.J.S.2C:14-2(a)(4); acted with another and used physical force or coercion N.J.S.2C:14-2(a)(5); used physical force or coercion N.J.S.2C:14-2(a)(5) and -(1); the victim is physically or mentally incapacitated N.J.S.2C:14-2(a)(7). Therefore, the Code names a variety of situations where sexual intercourse between a victim and a defendant is rape, without evidence of any type of coercion.
Maria, a single mother, goes on her third date with John. They return…… [Read More]
In that regard, sentences imposed for crack cocaine are so much harsher that approximately 100 times as much powdered cocaine is required to approach the sentences imposed in connection with crack cocaine offenses. This issue is particularly relevant to the disparity inherent in mandatory sentencing and arbitrariness in sentencing, especially since dealers in powdered cocaine are much more likely higher up on the supply chain than distributors of crack cocaine (USSC, 2007).
The issues concerning provisions of the U.S.A. PATIOT Act pertain to establishing sentences for crimes established and defined by the ACT, such as narco- terrorism, smuggling munitions or military equipment without a license for transport, mining U.S. waters, and interfering with maritime navigation equipment (USSC, 2007).
The Adam Walsh Child Protection and Safety Act of 2006 requires sex offenders to register and imposes criminal penalties for failure to comply. The current federal sentencing issues authorize increasing sentences for…… [Read More]
Criminal Justice Leadership
Identify two types of ethics and explain their role in criminal justice organizations. Support your responses with resources.
Ethics are concerned with the issues of right and wrong and provide a framework for moral living. Ethics in the criminal justice system is an integral part of police work. Ethical considerations are paramount to decisions involving discretion and a strong moral foundation suits police work well. Banks (2010) notes that knowledge of ethics provides people an opportunity to analyze assumptions and weigh options. Two types of ethics that have particular importance in criminal justice are normative ethics and ethical absolutism.
Normative ethics is fundamental to proper and prudent decisions made by personnel in the criminal justice system. Banks (2010) writes that normative ethics involve taking into account the range of moral issues in an area and that a person should always act morally, having deduced the…… [Read More]
Examples of offenses that are based on constitutional endowments of right contain tax evasion, possessing illegal substances and conspiring to violate civil rights. Courts have specified on the whole a wide explanation to the Commerce Clause authority, allowing Congress to create a federal offense of many widespread law crimes such as kidnapping or murder if state outline are fractious during commission of the crime and such as misappropriation and blackmail using instrumentalities of trade such as telephone lines or the U.S. post. Examples of offenses that are based on regions owned by or under the restricted power of the federal government contain crimes committed in the District of Columbia, in U.S. Territories, in U.S. National Parks, in federal courthouses and federal jails plus on board airplanes and ocean going ships. The United States armed force has its own immoral justice system applicable to its members, but civilians might be accused…… [Read More]
S. Senator Dianne Feinstein. The legislation makes the provision of over $ billion in funding "for gang prevention, intervention and law enforcement programs over five years and establishes new crimes and tougher penalties to deter and punish members of illegal street gangs." (Feinstein, 2007) the legislation proposed by Feinstein would make illegal participation in a criminal street gang a federal crime. The legislation criminalizes violent crimes in furtherance or in aid of criminal street gangs and creates a new criminal offense for murder and other violent crimes committed in furtherance of a drug trafficking crime. Under the present law, "a felon's criminal street gang involvement can be treated at most as a sentencing enhancement, adding no more than 10 years to a sentence. This bill establishes far higher penalties for violent gang crimes, including the possibility of life imprisonment without parole for murder, kidnapping, aggravated sexual abuse, or maiming. If…… [Read More]
Criminal Identification Procedures
The dawn of the twenty-first century has become the era of George Orwell's "1984." Technology that was found only in science fiction a few decades ago, is part of today's standards and procedures.
The world today is filled with cameras that can film an individual wherever he goes, his cell phone signal can pinpoint his location, and even one glance can reveal his true identity (Shenk 2003). Iris-recognition technology, soon to be common in places such as airports, offices, and banks, will simply scan an individual's eyes to reveal his idenity (Shenk 2003). Many feel that in this post-9/11 landscape, there is a serious need for these high-tech tools to help detect money laundering, encrypted e-mails, bio-weapons, and suitcase nukes (Shenk 2003).
Poseidon, a new electronic surveillance system, is a network of cameras that feeds a computer programmed to use a set of complex mathematical algorithms to…… [Read More]
Murder and rape are both legal terms that are used in contemporary society to describe the social construct of crime. Murder is a homicidal act resulting in death that is not permitted by the laws within society. Therefore, shooting a man to death as a lawful soldier engaged in a warranted military conflict with another country's group of soldiers is not considered murder. The same action between country members when there is no martial conflict, however, is considered murder. ape consists of unpermitted sexual acts that have not been condoned by one of the parties. In most instances men rape women and other men, although women have been known to rape men as well.
Evolutionary theory accounts for murder by positing it as a conflict of interests between two parties that is resolved violently (Dal and Wilson, 1997, p. 53). Moreover, this theory considers the fact that most crimes are…… [Read More]
If this is indeed the case, Leach is within his rights to appeal for an overturn of his conviction. The Fourth Amendment protects travellers from unwarranted police searches, which appears to be what happened in this case.
The Fourth Amendment then protects the rights of individuals to reasonable expectation of privacy. While Archibald Leach voluntarily yielded his luggage for investigation, the search itself was not conducted in a legal manner if there was neither warrant, reasonable suspicion or probable cause. The case does not mention any of these, based upon which the conclusion can be that Leach has sound grounds for appeal.
Criminal Law Lawyer ource. (2009). earch Warrant. http://www.criminal-law-lawyer-source.com/terms/search-warrant.html
Farlex, Inc. (2009). Probable Cause. The Free Dictionary. http://legal-dictionary.thefreedictionary.com/Probable+cause 'Lectric Law Library's Lexicon. (2009). "Confession." http://www.lectlaw.com/def/c274.htm
Rice, Beverly. (2009). When can the police stop and frisk you on the street? upreme Court Articles. http://www.legalzoom.com/legal-articles/when-police-frisk-you.html
Walker, Jayme . (1998, Dec…… [Read More]
" (Merillat, 2006). In addition, the classification system does not determine a convict's housing. As a result, convicted murderers are often exposed to other prisoners in general population, who have been convicted of non-violent offenses. For example, mass murderers Abdelkrim Belachheb and Elmer Wayne Henley were both housed in general population when they were sent to prison. (Merillat, 2006).
The reality is that when the prosecutor makes the decision to charge someone with capital murder, they do so because the murder in question has a particularly heinous aspect, which may make the defendant a future danger. Furthermore, "capital murderers can and do commit acts of violence in the penitentiary." (Merillat, 2006). In fact, Jermarr Arnold and David Gibbs both managed to commit murder while on death row. (Merillat, 2006). Furthermore, a disproportionate number of prison murders since 1999 have been committed by capital defendants serving life sentences. (Merillat, 2006). Of…… [Read More]
When the Constitution replaced the Articles of Confederation in 1789, the United States of America formed a government that specifically divided its powers between three separate branches. This was done in order to make certain that no one branch of government could accumulate too much power. These three are called the Executive, Legislative, and Judicial branches of government, and the Constitution defines the powers each branch of government is allowed to exercise. While the Executive and Legislative branches of government deal with the running of the government, the Judicial branch is limited to dealing with legal matters. While it may seem that the Judicial branch is someone less important, it is the judiciary that decides whether the actions taken by the other two branches of government are legitimate.
Alexander Hamilton argued in the Federalist Papers that a separation of powers was necessary in order to prevent one particular…… [Read More]
Ciminal Justice - Reseach Methods
Soucebook of ciminal justice statistics Online
Respondents' concen ove effects of illegal immigants
Gallup, Inc., The Gallup Poll [Online]. Available: http://www.gallup.com/poll/
127649/Ameicans-Value-Aspects-Immigation-Refom.aspx [June 16, 2010].
Table adapted by SOURCEBOOK staff.
Oveall, the suvey espondents indicate substantive concens with the pesence of illegal immigants in the U.S. Thee items elate to the oveall question: (1) Unfai buden on U.S. schools, hospitals, and govenment; (2) Encouages othe immigants to move hee illegally; (3) Low wages eaned by illegal immigants educes oveall wages paid to Ameican wokes. The oveaching question is how concened espondents ae fo each of the items, and the highest anking item was elated to the unfai buden immigants place on schools, hospitals, and govenment. Fo all thee items, thee is significant diffeence in the pecentage of esponses unde vey concened vs. unde somewhat concened. A majoity of U.S. citizens ae vey concened about…… [Read More]
Choices, controlled by fear are another core principle that advocates for fear inducement that will enable individuals keep away from crime. This principle supports three strikes legislation, since with a repetition of crime it comes with a severe judgment that enables first crime offenders fear and keep away from crime. Core principle of severity calls for a severe punishment on a violent crime and depending on the nature of crime. The theory supports three strikes legislation, since a repetition of violent crime faces severe charges than the first time (Siegel, 2010).
Criminal policy proposal
Criminal justice, over the years, has faced many challenges in administering proper justice. Drug and substance abuse and mental illness are examples of disorders that need to be corrected to minimize crime rates. Criminals who prove to be mentally ill or under the influence of drug or substance should be treated different from criminals who are…… [Read More]
hile this is the amendment that allows prison work camps and work programs, as well as the requirement that criminals participate in the maintaining of their prisons, it serves a much larger purpose, mainly expressing that a right contained in the constitution may be taken away if citizens do not behave lawfully.
The implications of these amendments and the others so similarly worded are indicative of the Classical School of Criminology. Offered as an incentive, the rights encourage rational, but criminally inclined humans to make the rational choice towards the non-criminal action. Because it would be in the humans' self-interest to keep their rights, they are encouraged to choose non-criminal action. Thus, the drafting of the constitution this way suggests that the founders were relying on the Classical School of Criminology when considering human behavior, rational choice, and the desire to keep a lawful society.
Further relying on the Classical…… [Read More]
Criminal Justice Theory and the Los Angeles County Probation Department
Criminal and antisocial behaviors have been studied in the field of criminology for many years. Criminologists are very interested to learn what types of things cause specific criminal and antisocial behaviors. hile criminal behavior and antisocial behavior are not always related, they often have close ties. Criminologists and other researchers are looking to find commonalities between certain genetic makeups and deviant behavior. They believe that many people are genetically predisposed to be violent, and if these people can be located they can be treated.
That does not mean that criminologists are in favor of testing everyone's genetic makeup on the planet to see if any of them show violent tendencies. hat they are interested in doing, however, is studying criminals who already have a history of violent and deviant behavior to see what other traits they have, and what their…… [Read More]
What do you Think
Paradigm of Laws
Paradigm of Laws
• the paradigm of law your actions define and give reasons
Law and ethics applies to everyone whether free individuals or a prisoners. Everybody has the right of existence, justice and fairness. However, there are occasions when a prisoner cannot be offered the right of confidentiality and privacy. This is exactly what I have done to the inmate in state prison where I am a correctional officer. My paradigm of law does not believe in sincerity of inmates. Given the history of the prisoner who has deceived twice earlier, I cannot trust him again. Whatever he says or does, it has to be communicated to authorities so that they can take action.
The inmates are individuals that have caused harm to the society earlier thus they are in the prison. These people should not be blindly trusted. The…… [Read More]
Criminal Justice in Action:
The American prison system has throughout the years developed to become home to the increasing population of the nation's criminals. The increasing population of these criminals in the American prison system is due to the fact that incarceration has always been used even in cases where alternative punishment would be adequate. Furthermore, this growing population of inmates is due to sentence disparities that include both long and short sentences. Currently, the maintenance of these criminals in American prisons is entirely drawn from the taxes that citizens pay. The American prison system has now developed to become the largest across the globe since the number of inmates increases annually. While the purpose of American prisons is to serve as a place of punishment of criminals, they have now become places of leisure. Actually, it's widely considered that inmates in American prisons are treated like guests at a…… [Read More]
Patterns Juvenile Delinquency Throughout the World/How Determine Who Juvenile?
Patterns in juvenile delinquency also vary throughout the world, as do the way countries define "delinquency" among juveniles. The Japanese according to Platt (2005) have taken on a much more philosophical approach to juvenile delinquency, supporting a Confucian style structure of education and support, one that works toward educating children to become part of the larger social collective (p. 965). In this environment, children are encouraged to become more socially aware and to self-regulate, often given the opportunity to reform before they are punished for wrongdoings.
This conflicts sharply with juvenile delinquency programs and structures elsewhere in the world. In Australia, juvenile delinquency is often associated with being a member of a juvenile gang, which is defined as "youth hanging out on the streets with gang activity" or street activity that has the potential to lead to mischievous behaviors (Duffy &…… [Read More]
To be honest I tend to think that crime has been trending in the late night news since the early 90s to an extent that it has become some sort of entertainment. It is mostly featured in the prime time news as a mass magnet for news corporations which are business entities and would therefore; capitalize on the expectant audience it has attracted. A large proportion of the crime reported is usually projected as individual subversions rather than socially motivated misdemeanors. It is from this perspective that criminals are feared beyond their capability without proper dissemination of the causes leaving an audience that is always pregnant with political, or sexual related crimes as a form of entertainment than a source of crime prevention issues that would go a long way in making their neighborhoods safer.
This paper will delve into the three main parts; the study…… [Read More]
Community afety: Community policing is a fairly recent addition to criminal justice policy. Through this policy, the community and police work together in order to ensure a safer community. This also serves to optimize the relationship between the general community and members of criminal justice agencies.
Domestic afety: Criminal justice policy also focuses on ensuring the safety of individuals. Cases of domestic violence for example have become an increasing problem in the United tates. In such cases, the most frequent victims are women and children. The police and other criminal justice agencies therefore function to ensure the safety of victims of such crimes by means of for example protective services.
Maloney, Dennis (2001, July). The emergence of community justice. Issues of Democracy. http://www.justice.gov/
United tates Department of Justice. (2008). What we do. http://www.justice.gov… [Read More]
However, in order to establish a private facility the consent of state legislature is required. Once a state makes the decision for allowing establishment of a private for-profit prison then corporations are asked to participate in bidding by submitting their proposals. The highest bidder offering better services is awarded the contract. Many states attach certain conditions such as maintenance and provision of educational and rehabilitation services before actually awarding the contract. After awarding the contract government exercises the right of monitoring and accountability by means of thorough inspections, interviews, observations, hearings, and meetings. For example, in the state of Florida there is a legal requirement that such prison facilities can be inspected at least once annually. Some argue that annual and semi-annual inspections are not enough and full-time government monitoring is required but this too may have issues of costs and corruption. To counter this some private firms have taken…… [Read More]
Prosecutors consider several factors. For effective prosecution to take place there should be the required selected readings, methodology and analysis of the findings of the case (Siegel 2012). A standard case set is also crucial since it is a tool used for decision making in the criminal justice system. These tools enable us to understand how prosecutors view a case and how they come up with justified decisions.
The standard case set measures the level of agreement between prosecutors. Some of the well-known factors that contribute to the decision-making process of prosecutors categorized into two main types. These are legal and extra-legal. According to Siegel (2012), legal factors include the strength of evidence, culpability of the defendant and the seriousness of the offence. If the evidence against the defendant is strong, it is likely that the court will charge and convict the defendant for the offence. This also applies with…… [Read More]
The thing is, a few people in your neighborhood already know that you came down here to talk to me today, right? Well, the way I look at it, you're already in whatever danger from the suspect that you're worried about. Between you and me, if they're as dangerous as you say they are, and I believe you by the way, they're not going to believe that you didn't help us, you know? I'd feel horrible if anything really bad happened to you or to your family because I wasn't able to put these guys away first, and the worst part is that I already know that I could make sure they go away for a very long time, but I can't do it without your help. I need your help to solve my case, but the thing is I also need your help with this for me to help…… [Read More]
Criminal Justice -- Sentencing and Analysis
Courtney Elizabeth Hernandez was indicted for kidnapping. Her case was handled in the Circuit Court for the Western District of Texas. Based on her attorney's advice, she accepted a plea bargain, pleading guilty to kidnapping. The normal sentence for kidnapping in Texas is 10 years in prison; however, Hernandez was sentenced to 15 years in prison, along with other punishments.
According to a plea bargain in which Defendant Courtney Elizabeth Hernandez pleaded guilty to kidnapping, she received a sentence of 15 years in Federal prison, and then three years of supervised release, plus she is order to pay $3,000 in restitution for the kidnapping of the 2-1/2-year-old girl (Federal Bureau of Investigation, 2010).
The Victim's Role in Sentencing
The 2-1/2-year-old girl is too young to participate in the sentencing process; however, her mother can participate. There is no indication that the mother…… [Read More]
Criminal Justice -- Research Method & Theory
British Crime Survey (BCS) Review
The survey I reviewed is from primary research that provided a transcript for an interview, presumably to use in a face-to-face interview -- there are directions for showing cards to the respondents that give them a change to read response options and choices. Demographic data was collected at the beginning of the survey either to act as a screener or because it is essential to the data collection -- having this information at the start of the survey ensures that the interview will not conclude or be aborted without collecting this information. Demographic data tends to be categorized, which provides quantitative data analysis capability. A fairly consistent use of a 5-point Likert scale is used to record participants' responses. In other places, respondents are asked to choose from a list of distinct responses or simply answer yes or…… [Read More]
Use of technology would promote public knowledge about the spread of confirmed criminal activity or patterns of behavior that might place people at risk, whether that risk involved theft, credit card scams or other behaviors (Farber, 2006).
Participation in shared networking technological programs would be required of private businesses, community agencies and policing authorities to ensure a true community policing structure is established. Communities would work to create neighborhood watch groups in response to "non-sensitive" security data that would help them better protect their community and collaborate with law enforcement agencies (Farber, 2006, p. 110).
Before a hearing is set, a judiciary authority should be appointed along with a trained criminal justice psychologist to determine what factors contributed to the criminal activity, the severity of criminal activity and whether prosecution is warranted, or whether rehabilitative measures would prove more helpful in the long-term. A meeting should be established where the…… [Read More]
Dershowitz and others have pointed out, rightfully, that Miranda principles were designed to prevent the use at trial of evidence obtained improperly and that the prevention of mass casualties may constitute a sufficiently important goal to suspend certain constitutional issues. In that regard, even the terrorist is entitled to the same protections against self-incrimination and prosecution using illegally-obtained evidence of guilt. However, the legitimate need to protect the public from wide-scale death and destruction may be another matter entirely.
Dershowitz (2002) outlined the principles for designing a "torture warrant" in connection with which authorities may interrogate suspects known to possess information necessary to prevent mass casualties and loss of innocent life in imminent terrorist attacks through means ordinarily strictly prohibited by the Constitution and the laws applicable to all fifty American states. The fundamental distinction is that those efforts would relate to securing information for the purposes of preventing mass…… [Read More]
Another form of punishment is by restraint or incarceration. By keeping the person under state control, then the state can avert the person from committing another crime. On the other hand, many times incarceration is only a temporary answer. ehabilitation is an alternative when it is possible. The person who violates criminal laws gets punishment but also learns how to alter their bad behavior and work toward becoming a productive citizen. The last reason of punishment is retribution, or to make the person suffer for the pain caused to the victim and the victim's family. Many times, this reason is most relevant to the victim or the victim's family when a violent crime is committed (the Purpose of Criminal Laws, 2012).
In very broad terms punishment may be anticipated to affect deterrence in one of two ways. First, by escalating the certainty of punishment, potential offenders may be deterred…… [Read More]
In the same way that traditional techniques of criminal identification have enabled law enforcement authorities to establish national fingerprint information databases for the purposes of connecting evidence to possible previous offenders, DNA-based forensic evidence has allowed the creation of similar databases greatly expanding the types of forensic evidence used to increase the security of sensitive facilities and restricted areas.
When combined with the ever-increasing power of modern computer technology to cross reference and match different types of physical evidence, law enforcement authorities have already developed the ability to establish terrorist watch lists incorporating forensic evidence of previous acts of terrorism with uniquely identifying features of perpetrators still at large. The continued evolution of such marriages between criminal forensics and identification techniques will greatly enhance homeland security, both at checkpoints and in terms of tracking the possible whereabouts and activities of persons of interest in connection with possible terrorism.…… [Read More]
One of the most controversial laws passed in favor of public order over individual rights was the U.S.A. PATIOT Act. Passed in the wake of the September 11 terrorist attacks, the law permitted more leeway than had been previously granted to law enforcement officials. Searches, seizures, and wire tapping are some of the ways law enforcement officials can infringe on personal liberties and individual rights, with the ultimate goal of protecting public order.
Similarly, the Guantanamo Bay detainees have their individual rights restricted and because they are not American citizens their access to Constitutional rights is not guaranteed. The government has determined that impinging the rights of the individual detainees serves the best interests of the general public: a stance that has the nation up in arms about the ultimate purpose of the legal system and of the efficacy of due process of law.
Whether or not a suspect is…… [Read More]
aker reviewed three landmark Supreme Court decisions on capital punishment and concluded that the death penalty is capriciously imposed on lack defendants and thus serves the extra-legal function of preserving majority group interests. He viewed discrimination in capital sentencing as deliberate and identified the primary reasons why lack defendants with white victims have been denied fairness in capital sentencing. These are prosecutorial discretion in the selective prosecution of capital cases, prosecutorial misuse of peremptory challenges to systematically exclude lacks from juries, judicial overrides by trial judges, prosecutorial misconduct and the ineffective assistance by defense counsel (Emmelman).
Helen Taylor Greene used a colonial model to explore the effectiveness and limitations placed on the police in the past and in the present (Emmelman, 2005). This colonial model showed that the police, regardless of color, were an oppressive force in many communities. Lately, lack political empowerment and ascendancy in many law enforcement departments…… [Read More]
The strongest case in the criminal law annals for race-based affirmative action occurs in "drug possession offenses," Heffernan writes. The drug busts show "compelling evidence of discrimination against blacks," the author insists; moreover, he claims that many law enforcement personnel have admitted that they practice "a kind of affirmative action: they admit that they selectively enforce anti-drug laws in the black community." The justification for busting black people in the inner city is that "heightened enforcement is good for the community," and further, the reason so many African-American men are caught dealing drugs is that is much easier for police to find crimes among poor people -- this assumes that many blacks in inner cities are low income -- because poor people "are more likely to commit those crimes in public places" (Heffernan, p. 225).
All of the issues that Heffernan has referenced contribute to the reason that the…… [Read More]
S. law. Legislation such as many elements of the U.S.A. PATRIOT ACT are problematic because they do not provide adequate controls to ensure that investigative methods and procedures appropriate under some circumstances cannot be used in circumstances where they are inappropriate under U.S. law.
4. What is the FISA Court? Explain how it works. What authorities can it grant law enforcement? How is it different from traditional courts? What concerns exist about expanding the use of FISA?
The Foreign Intelligence and Surveillance Act of 1978 (FISA) was established to regulate the use of surveillance by the executive branch of government in the wake of various unconstitutional investigations conducted by the Nixon administration in connection with monitoring political rivals and government opposition groups. The FISA Act authorized the covert monitoring of information and communication exchanges of entities of foreign governments engaged in espionage and intelligence collection activities in the U.S. pursuant…… [Read More]