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Criminal justice and criminology developed from two major fields of study: the law and sociology. While related, the two terms are distinct. Criminology is the study of crime, including its costs, causes, and consequences. In contrast, criminal justice is the study of system in which behavior is designated as criminal and then those crimes are detected, tried, and punished. While criminology focuses primarily on the social aspects of crime, criminal justice focuses primarily on the legal aspects of crime. However, the relationship between law and society is well-established. Not only do social norms and values help dictate what behaviors are considered criminal, but also the designation of behaviors as illegal or legal helps dictate what a society views as moral and ethical. Therefore, criminal justice and criminology majors need to have a thorough understanding of both fields.
Criminology is a branch of sociology. There are three sociological approaches to crime: the Classical School, the Positivist School, and the Chicago School. While only formally studied in recent times, social theories about criminology have been circulating since the development of legal systems and laws. Criminologists look at how society impacts criminality, but also how criminality impacts society. More specifically, criminologists look at the broader details of crimes to draw cultural conclusions about criminal behaviors, values, and norms. They specifically look at: where crimes occur, what types of crimes occur, why those crimes happen, how frequently those crimes happen, the consequences of crime for offenders, the consequences of crime for victims, the consequences of crime for society as whole, and how the government responds to criminal behavior. For example, the American criminal justice system was established to ensure that criminal defendants had certain constitutional protections, but victim advocacy groups have lobbied to ensure that victims also have some rights in the criminal prosecution process. Victim impact statements are one way that victims are able to have an influence in the criminal justice process.
In contrast, criminal justice looks at the various systems in place that define, detect, and punish criminal behavior. Criminal justice is considered by many to be synonymous with law enforcement, but the criminal justice system actually encompasses more than just law enforcement. There are three major components in the criminal justice system: law enforcement, courts, and corrections. Each component plays a role in preventing and punishing behavior that is deemed illegal. A non-specified component of the criminal justice system is the legislature, which not only determines which behaviors are considered illegal, but also the consequences for those illegal behaviors, including the range of potential punishments for those who engage in those behaviors. Law enforcement officers, also known as police officers, serve three roles in the criminal justice system: crime prevention, crime detection, and identification and apprehension of criminals. The court systems, which consists of the courts themselves, as well as the prosecuting and defense attorneys, judges, and juries, determine whether the suspect is guilty, and sentence them to their punishments. The corrections system refers to any part of the post-sentencing process that is responsible for carrying out sentencing. Prisons, jails, halfway houses, prison guards, corrections officers, probation officers, and parole officers are all part of the corrections system.
Criminal Justice Trends
The trends of the past, present and future that outline the borders connecting the criminal justice system components and their links adjoining the society is, beyond doubt, an authentic relationship that the law and society have established. Criminal justice has been affected by various trends in the times gone by. This is because trends keep changing with the passage of time. Therefore, it is exceedingly important for the criminal justice system to try even harder if it wants to achieve success and go beyond such trends that give rise to innovative crimes. It is not easy for anyone to find out the connections linking the criminal justice system and trends of criminal activities as they are inconsistent. As a consequence, the criminal justice system is affected by the continuous changes in crime patterns and trends. However, in the contemporary world of today, the criminal justice system is…… [Read More]
Criminal justice system normally refers to the compilation of the prevailing federal; state accompanied by the local public agencies those pacts with the crime problem. These corresponding agencies procedure suspects, defendants accompanied by the convicted offenders and are normally mutually dependent insofar as the prevailing decisions of the single agency influence other supplementary agencies (Cole & Smith, 2009). The fundamental framework of the underlying system is normally granted through the lawmaking, judicial and the executive twigs of the government. The major significant advancements within the criminal justice system within the past decade has been the widespread execution of the corresponding initiatives designed that pertain to the diverting of the populace with mental sickness accompanied by the addictions away from the prevailing imprisonment and their treatments (David, 2008). The development of the existing jail distraction programs, mental health courts and drug courts has been promoted through the belief that these prevailing…… [Read More]
Criminal Justice Leadership Strategies and Practices
Leadership Strategies and Practice
Examples and Analysis of oles
The criminal justice leadership strategies are also partly similar to business practices followed in commercial organizations. However, the difference in chain of command, organizational culture and theories applicable for criminology are unique. The criminal justice organizations also develop strategies that are relevant for their organizational culture as well as with respect to the community relations. These organizations also establish a unique lesion with civilians as well as with other government and administrative functions of the state. The work below provides examples and information regarding the functioning of criminal justice organizations, their leadership and practices adopted to formulate strategies. The research also analyzes the roles of criminal justice leadership strategies with respect to the organizational culture, behavioral theory, planning, and community relations.
The department of criminal justice is not…… [Read More]
On September 18 at around 2:30 PM, the victim, a famous citizen in the community was assaulted and robbed of his wallet by the defendant on his way home. The victim was not only assaulted but he was also pushed against his car and threatened with a knife. The crime generated huge media attention because of the victim's popularity as calls for speedy arrest and conviction of the criminal gained momentum. As heavy pressure was place on the law enforcement officers to arrest the criminal, the defendant was apprehended several days later while carrying the wallet of the victim and knife and was subsequently identified in a lineup by the victim. During preliminary of the case, the defendant was pronounced indigent and offered with a public defender and even denied bail because of the nature of the crime. While he chose not to take to the stand, the…… [Read More]
Criminal justice system refers to either the state or federal set of agencies and processes which are created by governments to control crime and to engage in penalties and discipline on those who break the law and who hurt others or damage property. "There is no single criminal justice system in the United States but rather many similar, individual systems. How the criminal justice system works in each area depends on the jurisdiction that is in charge: city, county, state, federal or tribal government or military installation" (NCVC, 2012). Thus, what can make the criminal justice system so tricky and difficult to understand is largely because different jurisdictions have differing laws, agencies and methods of criminal justice management (NCVC, 2012). Thus, the state system is in charge of handling crimes which occur within the state boundaries; the federal system handles crimes which occur in multiple states or on federal property…… [Read More]
Criminal Justice System: Ethics in Criminal Procedure
Ethics refers to the principles of morality that govern an individual's behavior. Ethics, therefore, provides the basis through which an individual defines, and distinguishes between the good and the bad. This implies that it is ethics that provides the framework for the duties and responsibilities an individual owes to himself, and to the community. Today, ethics define how corporations, professionals, and individuals relate with one another. Within the criminal justice system, ethics refers to the standards that govern the conduct of persons working within the criminal justice system (Kleinig, 2008). It defines the professionalism of prison guards, judges, attorneys, prosecutors, and police officers (Kleinig, 2008).
The Process of the Criminal Justice System
There are ten stages involved in the criminal justice system; initial contact, investigation, arrest, custody, indictment, detention/bail, plea bargaining, adjudication, disposition, and post convict remedies (the Legal Dictionary, 2014). Initial contact…… [Read More]
Criminal justice system is comprised of elaborate pieces of a huge puzzle. The age of "Order," CSI, and various other TV programs has actually all however removed the genuine components of the puzzle that bring about the arrest of the suspect. Prior to being employed, one is enlightened on how this works; he ought to be warned of the jobs that everyone plays and at exactly what phase they are purchased into the scene. Everybody from the cop to the judge comes across the suspect at various phases and there are numerous things that occur to preserve the flow of the justice system.
eview of the Criminal Justice System
Law enforcement agent, Judges, Area Lawyer, and District attorneys all play their own component in the criminal justice system. They all have their own various communications with either the suspicious or criminal defendant. There are various things that have to occur…… [Read More]
Criminal Justice Administration
The criminal justice system involves practices and institutions directed by governments in place to ensure that social control is upheld, crime mitigation and deterring or going ahead to sanction those that are in violation of laws through criminal penalties and rehabilitating them.at the same time those who have been accused of any crime are protected against abuse of the powers to investigate or prosecute them. The paper will look at the key issues when it comes to criminal justice administration today.
The criminal justice system today consists of three main parts which are the legislative part, the adjudication part and the correction part. The legislation part has the duty of creating laws which have to be followed by every individual. Incase one does not follow these laws they might find themselves faced with charges against them. The adjudication comprises of courts which are the venues for settling…… [Read More]
If the issue of pant sagging is not addressed, it will lead to public dissatisfaction, especially from people who have raised concerns. It will also continue the implications on black men as being disrespectful gangsters, or as Cosby says (middle class blacks who are disrespected and despised gangsters, whose egregious behavior is sagging pants). It will also continue the implication that the black represent some unified community which is monolithic so that discrimination to them (blacks) is de-racialized. Other implications are there as seen in the Basketball Association, where they sought to enforce the dress code, stating that hip hop dressing projected an image that tends to alienate middle class members in the audience. The economic implication about sagging pants is that it prevents the youth from getting jobs leading to the high number of unemployed youth especially the blacks.
Some take the ban as a racist…… [Read More]
Criminal Justice IT
It is becoming very clear how much of an impact the newest technological advances have on the world. For example, consider how quickly the information spread via the social media about Osama bin Laden's death. Technology innovations are also greatly impacting the criminal justice system in the U.S. By providing significant improvements in the way that agencies find, process, share and utilize information. With the present speed of change, many new information technology advances are still on their way for the 18,000 police departments and several thousand prosecutorial court and correction agencies in the U.S. (Pattavina, 2005). In the future, as the digital world continues to advance in complexity, the criminal justice system will continue to improve in overall effectiveness and capabilities in crime measurement, control and response.
Since the 1960s, criminal justice system agencies have been using information technology to gain a better understanding of the…… [Read More]
" (Weinstein, 2003) This range is dependent upon the charges that are brought against the defendant in the criminal case as well as "some aspects of the conduct underlying the charges." (Weinstein, 2003) Judges are legally required to "impose a specific sentence is subject to the exercise of discretion in two areas" which are those of:
1) the judge makes the determination that the sentence must be within the Guideline range; and 2) in cases which involve downward departures where the sentence imposed may be below the applicable guidelines range. (Weinstein, 2003)
Judges are naturally sought by the public for the purpose of influencing the outcomes in cases which they preside over. And public opinion must surely, at least to some extent, and depending upon the ethics within the specific community, exert some influence upon the opinions and rulings of a judge in some cases. Just as well, the Judge…… [Read More]
Does the criminal justice system discriminate? Provide support your position with reference to the various components of the process, and give an explanation for either why the system discriminates, or why it appears to discriminate.
Yes, the criminal justice system discriminates. African-American males are overrepresented in every part of the criminal process, though there has been no good evidence to show that they actually engage in criminal behavior at rates that are so grossly disproportionate to the participation rates of the rest of society.
In fact, enough young adult African-American males are incarcerated that it impacts the African-American community by contributing to single parenthood, making it less likely that African-American women will find spouses, and perpetuating a cycle of violence and incarceration.
In addition to racial discrimination, women who kill their spouses receive sentences that are roughly four to five times as long as the sentences that men receive when…… [Read More]
Criminal Justice: Challenges and Developments
The criminal justice system in the United States, and indeed anywhere in the world, is a governmental tool to ensure the safety and security of the citizens of the country. Certain areas have however been considered in research to steer away from this goal. The public has for example lost a considerable amount of trust in the system as a result of apparent oppressive practices in the system. Furthermore alcohol has been proved to be a problem in many crimes; yet many of the prisoners with drinking problems remain untreated, and crimes are perpetuated as a result. There are also however significant developments within the system, including IT advances, which could help to create an increase in job opportunities in a variety of departments.
Perceived Oppression in the Criminal Justice System
The United States prison system appears to be the icon of years of accumulated…… [Read More]
Some things are fundamental to the history and progressive development of human society. The evolution of technology brings with it new challenges in the management of the security of the state. For this motive that law enforcement systems is set in the society to maintain and promote law and order (Law enforcement, 2002). Law enforcement systems act in organized manner, in the process of promoting adherence to the law of the country and identifying those who violate the laws and norms that govern the society. Law enforcement engages in the patrols and surveillance in dissuading and discovering criminal activities, investigating and apprehending the offenders. Law enforcement agencies and systems work in conjunction with judiciary services and correctional facilities, following the constitution of the land.
Parts of the Constitution of the United States most relevant to the ethical standards of law enforcement professionals
The United States law…… [Read More]
This may mean an expansion of white-collar task forces designed to investigate such crimes.
Predictions are that terrorist will continue to commit heinous criminal acts against our citizens in the future. If this prediction comes true, what, if any, effects will this have on the corrections system. ill Criminal Justice Administrators need to rethink what "model" (more punitive or restorative model) of justice should be used if more and more terrorist are incarcerated in our prison system?
hy or why not?
If terrorism becomes the focus of the criminal justice and prison system, this means that more and more non-citizens are likely to be incarcerated in the future. The result of this is that the United States must develop a more clearly defined policy to handle suspected terrorists in a legal and ethical fashion, so as not to draw the anger of the international community, or of congress. A…… [Read More]
Issues of justice and fairness during the trial of offenders could also be found the area of timeliness under the criminal justice systems.
Discussion Two: Issues Arising from Other Issues
At Excelsior College, many areas of specialization have been dwelt on by different students. To be precise, for example, the college covers issues related to homeland security, criminal justices and justice systems and the enforcement of the law. One area that the students indulged in is the treatment of mentally ill offenders during pre-trial, trial and their time in prison. Basically, the area deals with the treatment of criminal offenders and the justice system procedures of trial. Basically, these issues of justice, fair treatment when serving time in prison, and timeliness during trial could also apply in other field of study. In the same way the mentally ill have dissimilar incentives to assist them recover while in custody, other criminals…… [Read More]
Though the assets were seized without any promise or even expectation of individual officers gaining personal financial rewards, the ethical considerations of this problem are fairly obvious. It sets a dangerous precedent for future investigations involving large amounts of cash, expensive cars and homes, and other goods and property that is easily saleable at the completion of an investigation. The wide distribution of the money derived from the seized assets does something to alleviate the ethical problem that this situation clearly presents, but it does not solve the problem.
Journal 6: "RCPD say small percent of offenders produce large percent of crime," Riley County Kansas Channel 49 News
There is strong evidence that criminal offenders, especially those that commit certain types of crimes, have a high rate of recidivism. This article bears out that fact, and includes the rather controversial statement that "If you arrest the right people...the crime rate…… [Read More]
To have an appropriate policy outcome, an investigation is necessary to determine the basis of their relationship. This is necessary since both the attorney and the public will be in a position to justify if he shot his wife unknowingly.
On the third website there is a case concerning a murderous ex-cop who faces cases of murder and hopes to get another chance. In such a case, there has to be evidence on the charges laid against the ex-cop and they are applicable in the case to establish the significant policy outcome. In lack of concrete evidence then it is unnecessary to charge the ex-cop against a series of murder, which is a callous act. The jury has to get proper information and then establish the kind of justice that will prevail on the case.
The three above proposals are similar in a way that they entail an important part…… [Read More]
Powell, Michael. "Bragging of Safety While Many Live in Fear." New York Times. 22 pril, 2014. Retrieved online: http://www.nytimes.com/2014/04/22/nyregion/bragging-of-safety-while-many-live-in-fear.html
In this article, Michael Powell claims that in spite of New York City's stellar record of crime reduction there remain "sad and bloody corners" of the city, especially in the outer boroughs. In some areas, and especially in low-income housing projects, crime has actually increased. nother problem that Powell addresses in this article is the issue of stop and frisk as a police tactic. This tactic is abused, and is clearly racist in its application. s a result, the administration of Mayor De Blasio confronts several civil rights lawsuits. Powell touches upon a central issue in criminal justice: the need to balance patrols and prevention with an overbearing police presence. Some residents appreciate the strong police presence because it may make their housing developments safer. Yet others feel like…… [Read More]
A variety of methods and designs can be used in criminal justice research. Both qualitative and quantitative methods are valid approaches to the sociological questions researchers will have when faced with presenting problems and issues. Ideally, criminal justice research should remain relevant, grounded in theory, and applicable to public policy or practice. Criminal justice policies and procedures can and should be evidence-based. Scientific research helps to identify which interventions or policies work, and which do not, based on quantitative data or on phenomenological factors like public opinion.
The two main branches of social science research include qualitative and quantitative designs. Qualitative research is not necessarily inferior to quantitative research in the social sciences because measurable outcomes cannot account for all aspects of the human experience. Therefore, researchers will often use qualitative methods like in-depth interviews, case studies, and focus groups in order to gather information, ask open-ended questions, and ascertain…… [Read More]
Research and Policy Development Paper
Irrespective of how advanced the devices and systems used in receiving and sending information are, much success would not be achieved in crime reduction until important information and facts about crime is accessible and worked on by policymakers (Andrews & Bonta, 2010). The idea of research, with emphasis laid on the discoveries made from criminal justice investigation, being actively utilized by policymakers forms the subject matter which this paper studies.
Identify the purposes and types of policies within the field of criminal justice
i. Count Policies
An important function of a corrections officer is the knowledge of the location of all offenders and where each one should be at a particular moment in time. All organizations have a different style and number of counts, nonetheless, the role the counts play remain straightforward and it is; to have the knowledge of the exact number of…… [Read More]
The Importance of Appropriate Evaluation Models
Criminal justice policy and program evaluation is not a monolithic or standardized process. In other words there is no one size fits all approach to policy evaluation and assessment. Evaluation of policies designed to reduce domestic violence will be sharply different from those used to reduce rates of recidivism among juveniles. Therefore, when recommending a policy evaluation model, analysts should take into account situational variables, and especially the methods used to design and implement the applicable criminal justice policy. The Bureau of Justice Assistance (BJA, n.d.) describes evaluation in general as “a systematic, objective process for determining the success of a policy or program,” in order to determine whether that policy or program is achieving the goals it set out to achieve, or whether the program or policy has proven to be cost-effective (p. 1). In order to perform any type of policy evaluation,…… [Read More]
Psychologists serve in various roles within the criminal justice system, as well as at every level of the criminal justice system from law enforcement to corrections. Some of the most common categories of criminal justice psychologist include as applied scientist, basic scientist, policy evaluator, and advocate. Each of these roles can be fulfilled at the levels of law enforcement, corrections, and also within the courts system.
Licensed psychologists can work as applied scientists: translating empirical evidence into informed practice at the levels of law enforcement, corrections, or any level of procedural justice. For example, expert witnesses are essentially applied scientists because they directly apply what they know about psychiatric disorders and the behaviors of individuals with these disorders towards helping a judge and jury make educated, informed decisions through witness testimony or consultation. Offering their expertise to law enforcement, an applied scientist would also be able to offer…… [Read More]
Civil versus Criminal Liability
Criminal justice practitioners do have a civil liability that puts them at risk of being sued by the public. The purpose of civil liability is to encourage accountability and responsible in the field of criminal justice. For that reason, “local governments can now be held liable for the conduct of police officers and jail personnel. In addition, sheriffs, police chiefs, and mid- level supervisors can be held personally liable for the conduct of their subordinates” (Barrineau, 1987, p. 35). Criminal justice agencies can also be held criminally liable for their actions if their behaviors break the law. This paper will examine the difference between criminal and civil liability and show how each relates to criminal justice agencies and practitioners.
The Principles of Criminal Law
The rule of law principle is what binds all to the laws passed by government in the U.S. In order for…… [Read More]
Both qualitative and quantitative research methods have the potential to yield reliable, valid, and important information that can be used to inform public policy. Criminal justice researchers use a wide range of research methods, which vary depending on the research questions, the purpose of the study (applied versus pure research) and the overall paradigm and theoretical framework. Research can be used to validate or disprove an existing theory, alter or enhance an existing theory, generate a new theory based on phenomenology, or evaluate the effectiveness of a policy, program, or intervention (“Criminology Research Methods,” n.d.). Qualitative research methods are best used when the researchers are interested in participants’ perceptions, or seek open-ended answers to questions. Quantitative research methods are best used when the researchers want hard data in numerical form, which can be used to generate statistical analyses. Mixed-methods approaches can be tremendously helpful for criminal justice and social science…… [Read More]
Criminal Justice Organizations
The entire criminal justice system is made up of numerous organizations which are inherently independent. Some of the criminal justice organizations in various counties include, but they are not limited to, Juvenile Justice Department, Reentry and Integration Department, Probation Department, etc. Although independent, these criminal justice organizations cannot operate in isolation. This is more so the case given the complex and multifaceted nature of the criminal justice system.
County-wide criminal justice organization: Riverside County Probation Department
The County Probation Department, which I manage as the Chief Probation Officer, has three core missions; serving courts, protecting the community, and changing lives (Riverside County, 2018). In seeking to fulfill its mission, the department interacts with various other agencies within the system. These include, but they are not limited to, Riverside County Sheriff, the Law Offices of the County Public Defender, and the Office of the District Attorney. While these…… [Read More]
Today, social science researchers have a wide range of research methods available for criminology and criminal justice applications, divided generally between quantitative and qualitative methods. Although quantitative and qualitative research methods share some commonalities with respect to their overarching objectives, there are some fundamental differences involved that must be taken into account when selecting an optimal research strategy for a given research enterprise. The purpose of this paper was to provide an overview of quantitative and qualitative research methods applied to criminology and criminal justice settings, including a discussion concerning the similarities and differences involved in these two research paradigms. Finally, a summary of the research and important findings concerning research methods for criminology and criminal justice studies are provided in the paper’s conclusion.
Review and Discussion
Many of the same types of quantitative research methodologies that are used for other social science studies are also appropriate for…… [Read More]
Without any set moral guidelines and stipulations, a country’s criminal justice system is not capable of accurately meeting the needs of its people. The role of the system is to penalize poor conduct and make sure that victims of crime are well compensated for any of their losses (Braswell, McCarthy & McCarthy, 2017; Souryal & Whitehead, 2019). Ethics are valuable in such systems because they offer both the victim and the accused fair justice application (Kramer, 2018). In this essay, the significance of ethics within the criminal justice system is discussed. Also, instances of unethical behavior, as well as the legal responsibilities suffered by the doers of such action, are presented.
Importance of ethics within the criminal justice
Ethics offers answers to several questions within the system. What is considered bad behavior or conduct? What is the most suitable compensation for victims of crime, and what is the befitting…… [Read More]
One of the specific issues the Women’s Prison Association (WPA) addresses is how incarceration affects mothers, and how the criminal justice system can better address the needs of pregnant women, mothers, and children. One report published by the WPA summarizes a 2008 data set compiled by the Bureau of Justice Statistics. The document, “Incarcerated Mothers and Their Children: Highlights from the New Federal Report” reveals three main facts. The first is that more mothers than ever before are being imprisoned in the United States, invariably impacting greater numbers of children than ever before. Second, the majority (77%) of mothers provide all or almost all of their children’s daily care needs and/or live in a single-parenting household. Third, children with incarcerated mothers live with their grandparents or a foster family many times more often than children of incarcerated fathers. The results show that incarceration has a net deleterious effect on society…… [Read More]
Epistemology and Duty Ethics in Criminal Justice
1 Ethics in Law Enforcement Agencies
As Roufa (2019) notes, ethics in law enforcement are essential to prevent behaviors from going unchecked and bad reputations from being developed. Ethics in law enforcement agencies can provide guidelines, identify values that should be promoted, and dictate what sort of actions, behaviors and attitudes law enforcement agents should demonstrate. The Law Enforcement Oath of Office focuses on protecting, upholding and defending the Constitution of the US. It also contains terms regarding how officers should conduct themselves: soberly, honorably and honestly.
Law enforcement agencies tend to codify the ethics they want their officers to follower. The reason for this is that they want their officers to engage in ethical decision making, which means making the right decision morally. Sometimes officers can have an unconscious or implicit bias and this can affect their decision making (Hehman,…… [Read More]
Prison Industrial Complex and the Private Prison System
Legal paternalism is the idea that the state can coerce individuals into doing something for their own good, whether it is preventing them from engaging in self-harm by holding them in a mental health facility against their will, or obliging an entire nation of free-thinking adults to wear surgical masks so that everyone feels safe from a flu virus. As Feinberg (1971) notes, legal paternalism robs the individual of the ability to think for himself and can cause them to “lose the power of rational judgment and decision” (p. 105). By treating people like children, the state turns adults into children. This is a backwards approach to governance. Even children, as Feinberg (1971) points out, are not treated as children after a certain period because society expects them to grow up. Yet grown-ups are expected to give up their rights and…… [Read More]
Compare and Contrast the Current Dominant Approaches to Crime Prevention
Given the diverse definitions of crime prevention, Schneider looks at it from the consequences approach. He defines it as a program or strategy that serves the purpose of preventing the occurrence of criminal acts or behaviors from emerging (2014). The outcome of such a definition has seen crime prevention defined as a “reduction in or prevention of specific criminal events” (Schneider, 2014, p. 6). Moreover, it is defined regarding reduction in the number of criminal offenders showing that the harm has been either reduced or prevented. Furthermore, the definition looks at the strategy as having reduced the number of harmed victims. Moreover, prevention is the fourth pillar and other institutions like courts, police, and corrections fall in that category. Crime prevention has dominant approaches used by law enforcement, courts, corrections, family, or community, which are all components of the…… [Read More]
The significance of ethical leadership in criminal justice and correctional organisations cannot be overemphasised. These organisations must put in place and enforce policies to ensure officers constantly act in accordance with the law and the expected ethical standards (National Institute of Corrections, 2014). Based on the Clinton Correctional Facility scenario, this paper provides a plan for implementing employment laws and policy to enhance ethical leadership at the organisation. In the scenario, correctional staff engaged in personal relationships with two felony inmates who subsequently escaped (De Avila, 2015). Such relationships have the potential to undermine the work of criminal justice and correctional relationships, underscoring the importance of ethical leadership. The plan specifically highlights the employment and policy issues in the scenario and their associated consequences, and recommends necessary steps to address the issues.
Legally and ethically, correctional officers are not allowed to have intimate relationships with inmates. Nevertheless, staff-inmate personal…… [Read More]
Lawyer Misconduct and the Sixth Amendment Rights of the Accused
The responsibility of the law in preventing harm to oneself and upholding social morals varies from state to state. For example, in parts of Nevada, prostitution is legal; in other parts, it is not. The same goes for drug use. In some states, like Colorado, marijuana use has been legalized. In other states, it is still illegal and even under federal law it is illegal. Thus, in a democracy, the people are ultimately the ones to determine what their laws will be. However, there are definitely organizations that lobby for certain laws to be passed. For instance, prior to Prohibition, there were organizations that lobbied to have alcohol banned and eventually their voices were heard at the federal level.
The responsibility of the law in preventing harm to oneself is ultimately a controversial one in a liberty-loving society. People…… [Read More]
Criminological perspectives explain why people commit crime and why some people are more predisposed to engage in criminal activity than others. The trait, social, and classical/choice perspectives are among the most common criminological perspectives. This text describes the core arguments of these three perspectives and how they dictate the sentencing model used at trial.
The Trait Perspective
The trait perspective argues that an individual’s predisposition to commit crime is influenced by their biological or genetic makeup (Siegel, 2015). According to the trait perspective, humans are born-criminals. However, individuals have certain traits such as blood chemistry disorders, neurological problems, defective intelligence or psychological disorders that determine whether or not they engage in crime when under duress or pushed in a certain direction. Traditional trait theorists believe that these biological and psychological attributes explain all criminality (Siegel, 2015). Contemporary theorists, however, believe that environmental factors such as disorganized neighborhoods, socioeconomic…… [Read More]
The Need for Criminal Justice Reform and Bail Reform
When it comes to incarceration, the U.S. has the worst record in the world: the U.S. is only 4.4% of the world’s population, but it makes up 22% of the entire planet’s prison population. 716 people for every 100,000 in the U.S. will be incarcerated; moreover, 70% of those in prison will be there simply because they cannot afford to pay for bail (ACLU, 2019). Since most people live paycheck to paycheck in the U.S. it is not surprising to find that anyone accused of a crime is unlikely to be able to post the average cost of bail, which in the U.S. is $11,000 (ACLU, 2019). For these reasons, there is a need to establish both criminal justice reform and bail reform in the U.S. The American Gulag is like that of the Soviet Gulag: people lose their entire lives…… [Read More]
Restorative justice asks fundamentally different questions, and is based on a different set of assumptions, than the current criminal justice paradigm (Restorative Justice for Oakland Youth, n.d.). The most notable and important difference between the current criminal justice paradigm and the restorative justice paradigm is that restorative justice does not focus on the punishment and does not advocate a punitive criminal justice system. Instead, the restorative justice model is based on several different points of views including how to repair harm. Restorative justice is solution-focused and also victim-centric in its approach to criminal justice. The National Institute of Justice (2007) describes restorative justice as being “grounded in community involvement,” which places a considerable degree of responsibility upon the members of the community in addition to the victims. As the Insight Prison Project (2017) puts it, restorative justice is “a philosophy and a social movement which provides an entirely different way…… [Read More]
Understanding why individuals or groups engage in deviant or criminal behavior helps better inform therapeutic interventions and public policy. No one theory of crime can explain all criminal behavior. However, each theory does offer the potential for better understanding individual criminal acts or patterns of criminal behavior that take place within specific cultural or historical contexts. Integrating multiple theories can be helpful, too, showing how biology, psychology, politics, culture, and sociology intersect.
Biological Theories of Criminal Behavior
Some of the earliest theories of criminal behavior evolved out of biological determinism and evolutionary theory, which suggested that some people have a genetic predisposition towards criminality. Biological theories of criminal behavior can be based on different perspectives, including those that focus on neurochemistry, genetic conditions, developmental disorders, and even nutritional deficiencies (The Scottish Centre for Crime & Justice Research, 2016). Although the original biological theories of crime like those of Lombroso have…… [Read More]
From my knowledge in taking this course thus far as well as with my knowledge of being certified as a police officer, my position for how Dripps model would work is that it would not work. From reviewing and researching his model, I believe his model is very anti-police and seems to take the stance that all police departments and judicial systems have some type of buddy system that embraces corruption in criminal justice. That is something that I completely disagree with. In his article it states that, “The judge is not offering to cancel the suppression order if the police department mows the judge's lawn or provides free security at rock concerts. The judge is offering to rescind one, purely deterrent, remedy if and only if the government submits to another remedy that deters equally and compensates better” (Dripps, 2001). This to me is incredibly offensive that one would…… [Read More]
Restorative Justice: How Just is the Philosophy?
The principle of restorative justice was first created as an alternative to the two dominant philosophies of corrections: retribution and rehabilitation. The retributive view of corrections suggests that the purpose of corrections is to punish the offender. The rehabilitative view suggests that the purpose of corrections is to change the character of the offender for the better and prevent future crimes from taking place. Both neglect the needs of the victim, however, which is how the principle of restorative justice arose. According to the Centre for Justice and Reconciliation’s definition of “What is Restorative Justice” (2018), the philosophy: “emphasizes accountability, making amends, and — if they are interested — facilitated meetings between victims, offenders, and other persons.”
For some crimes, the principles of restorative justice would seem to be highly appropriate. A good example of this is vandalism, in which perpetrators are required…… [Read More]
Drugs: A Big Problem in Criminal Justice
The problem of drug use in America is one that has been around for many years. However, with the recent passage of marijuana laws in states like Colorado, Oregon and California (to name just a few), the way the nation views drug use has shifted. Recreational marijuana use has become accepted in Colorado, where it is legal to buy and sell a substance that is still considered a schedule 1 narcotic by the federal government. In fact, in states like Colorado, there is a clear conflict between the state laws and the federal laws: the states says cannabis is legal, while the Drug Enforcement Agency (DEA) says it is still prohibited. Researchers would like to research the drug to better understand its medicinal qualities, but they are afraid of violating federal law, so do not. Thus, the problem of drugs and how to…… [Read More]
There are many behaviors that can influence change in criminal justice organizations. Social behavior influences change because the social systems that exist within an organization can help to disseminate change, or build resistance to it (Qian, 2007). Organizational change requires buy-in from the people that comprise the organization, so social behaviors such as the formation of social groups, gossip and other social communication and behavioral norms will all play a role in how quickly buy-in to the change occurs.
Political behaviors also matter, not just in terms of how the leaders leverage the formal political systems within the organization, but how informal systems are leveraged as well. Within any organization, there are key influencers, and they are not always in positions of formal power. The ability of management to leverage both these influencers and the formal political systems to disseminate a change program will have an influence on…… [Read More]
Forensic science evolved as an attempt to introduce scientific methods into criminal justice. From the 18th century onward, advancements in chemistry, biology, and physics paved the way for forensic science (Gaensslen & Larsen, 2019). Likewise, the routine use of autopsy and forensic pathology helped improve the ability to understand the causes of death (Gaensslen & Larsen, 2019). Forensic science steadily evolved, in conjunctions with advancements in scientific instruments and the methods used for data collection and analysis. DNA evidence and analysis has made a huge impact on forensic science. Current concerns in forensic science include the need for increased reliability and validity of forensic science methods, as well as public perceptions of forensic science. Because perceptions of forensic science could have a direct impact on juror decisions, distinguishing real from junk science becomes one of the most important issues in criminal justice.
Scientific Methods in Forensic Science
Forensic scientific methods…… [Read More]
The 2012 Ken Burns documentary entitled The Central Park Five offers disturbing insight into institutionalized racism and the criminal justice system. Co-produced by Sarah Burns and David McMahon, The Central Park Five is about five children of color—teenagers—who were wrongfully convicted of multiple charges including sexual assault. In addition to illuminating the way the media can feed into racial stereotypes about criminality, the documentary also shows how law enforcement uses unethical tactics of interrogation to secure a conviction at all costs. Pressures to arrest and convict are shared among all members of the law enforcement team, even though individual officers will claim that they were following orders. Therefore, The Central Park Five is also instructive for the way it shows how police organizational culture needs to change. The practices and tactics used by New York police undermine the constitutional rights of citizens to due process.
Essentially, the five teenagers referred…… [Read More]
Functions, Issues, and Objectives in Corrections
The functions of the historical state correctional system have changed since the founding of the nation more than 200 years ago. The Jacksonian Era, the Era of Reconstruction and the Progressive Era on up to the reform of the 1970s all effected different changes to the function—i.e., the goals and activities—of the correctional system. Pennsylvania’s state correctional system was the first to introduce solitary confinement as a way of removing the deviant element from society. This was part of William Penn’s attempt at social reform, a fundamental characteristic of his Quaker ideals (Fantel, 1974). The goal of Penn’s plan was to promote moral rehabilitation and it was believed that through the inmate’s lengthy time alone to reflect on his misdeeds he would begin to develop the moral resolve to reform himself and become a better contributing member of society. Today, solitary confinement is…… [Read More]
Pros and Cons: Juvenile Justice
There are pros and cons to indeterminate sentencing. As Portman (2018) points out, prison officials like the idea of indeterminate sentencing because they feel it provides prisoners with an incentive to behave, show progress towards reform, and serve time quietly with the hope of getting an early release from the parole board. While this may be true, it also places a great deal of power into the hands of the parole board, the members of which essentially determine the fate of the incarcerated every time the individual is up for review. If the board holds any sort of prejudice or if the individual has few supporters on the outside to intervene on his behalf before the board, it could mean that there is less chance of early parole. For these reasons, it is important to weigh the pros and cons of indeterminate sentencing, especially…… [Read More]
The High Incarceration Rate: A Significant Issue Faced by the Criminal Justice System
This paper examines the problem of the high rate of incarceration in America. This is a major challenge for the criminal justice system, as many people, families and communities suffer as a result of this high rate. It prevents individuals from improving their lives and can lead to the deterioration of families and neighborhoods. The paper discusses some of the policies that have been put in place in recent years to address this issue. It also discusses alternative solutions and how the rate could be brought down by way of decriminalization of drug use and the implementation of diversion programs or restorative justice programs.
The problem of the high incarceration rate is one that affects more than prisoners and the prison population. It affects communities as well as the economics and politics of the nation.…… [Read More]
Forensic pathology is a field in criminology and medical jurisprudence that focuses on the study of a corpse to determine evidence that can be used in criminal justice or to determine the cause of death. The post mortem conducted by a forensic pathologist serves as the source of information for the autopsy report that is generated at the conclusion of the investigation. Having trained previously in anatomical pathology, the forensic pathologist will be able to determine the cause of death by examining the body and determining the process by which the person died. This paper will discuss forensic pathology in detail and show how it is of use in criminal justice.
Meaning of the Terms
The history of forensic pathology is rooted in the terminology: as Choo and Choi (2012) point out, “forensic” comes from the Latin term “forum,” which means “public.” Pathology is Greek in its…… [Read More]
This paper discusses the history of DNA analysis, how it came about, how it was first used in a criminal case, and some of the limitations of DNA analysis as shown by later criminal cases. It looks at how DNA analysis is currently used today, including a recent criminal investigation in Europe in which DNA analysis played a crucial role, and provides a description of the various directions that DNA analysis could be taken in the future in the field of forensics. The paper concludes with a summation of the main points of the paper.
Keywords: dna analysis, dna profiling, dna forensics, dna criminal justice history
DNA analysis, also known as DNA fingerprinting in the beginning, came about in the latter half of the 20th century through breakthroughs in scientific investigation. It has been used in forensics ever since and is defined as “comparison of the…… [Read More]
As Clark (2017) points out, solitary confinement is typically a disciplinary, administrative or personal measure employed to punish, control or protect the individual who is isolated from others. However, the practice can have lasting and devastating effects on the psychology and health of individuals who thus confined—especially for juveniles. The reason for this damaging effect is that human beings are essentially social creatures and need sociality in order to feel whole. Exceptions to this rule have existed through history by primarily because one individual or another chose to live in solitude and was not confined against his will. Confinement against one’s will can be damaging and debilitating and numerous examples of this exist, especially in cases where the individual is left in confinement for a long period of time: the case of Stephen Slevin, who was arrested for drunk driving and possession of a stolen vehicle—but never…… [Read More]
Debating the Value and Ethical Concerns of Psychological Profiling
A psychological profile is created by combining individual profiles, such as a victim profile with an offender profile or a geographical profile and even a DNA profile. Through the combination of individual profiles, the psychological profile emerges with a comprehensive view of the type of person most likely to be found at a particular place at a particular time with such and such type of victim or such and such type of crime/offense being committed. Psychological profiling is both an “investigative aid” and a “conceptual tool” that is used by police to understand cases and create leads (Wilson, Lincoln & Kocsis, 1997, p. 1). Vorpagel (1982) described psychological profiling as the exercise of identifying “behavioral patterns, trends, and tendencies” used to develop a complete picture—not just of the individuals involved in a crime—but of the type of individuals who would…… [Read More]
Evolution over the Years
To a majority of individuals, arrest and detention within a law enforcement facility may be counted among the worst of life’s experiences; being coerced into confessing, at times under torture, is much more terrifying. However, citizens’ rights in the US ensure sound constitutional rules limit criminal law enforcement. Amazingly, a large number of these safeguards provided to citizens have only been put in place during the last few decades. The rest are entrenched in the nation’s colonial history.
From the start of the 60’s era, the US Supreme Court commenced efforts in the area of extensive expansion of defendant rights, way beyond the Constitutional Bill of Rights (BOR) developers’ grasp. For instance, though several portions of the BOR deal with law enforcement behavior, regulations pertaining to improper detention, warrants and searches (that English common law was unfamiliar with) were implemented during this period. The protection against…… [Read More]
According to the National Gang Center’s (2011) National Youth Gang Survey, the majority of gangs are comprised of non-white minorities, especially Hispanic/Latino (46 percent of all gang members) and African American (35 percent of all gang members). Because of these statistics, law enforcement has been tempted to rely on racial profiling to fight gang formation, reduce gang membership, and control gang-related crimes. As tempting as it may be to rely on ethnic or racial strategies in law enforcement, these shortcuts undermine the fundamental principles of the criminal justice system.
The use of racial and ethnic profiling and related techniques is illegal as well as unethical, presenting clear procedural justice problems for law enforcement departments that use these tactics (American Bar Association, n.d.). Using racial and ethnic strategies threatens to undermine public trust in, and the credibility of, law enforcement. Racial and ethnic strategies also defeat the purpose of more effective…… [Read More]
In so far as academic studies are concerned, the field of forensic entomology is relatively new in the West—but so, too, for that matter is the field of criminology. Forensic entomology is a subset of criminology in that it focuses on the study of insects and anthropods and what they reveal about the death of a victim. This highly specialized science takes the field of entomology and combines it with the field of forensics, bringing together two very different but very useful bodies of knowledge that, when they intersect, provide valuable insights that can help investigators solve murders. This paper will define and discuss forensic entomology, examine its history and how it has developed over the years, and describe how entomology has affected the field of forensics with a few examples to illustrate this point.
The history of forensic entomology begins, as far as historical records show, in…… [Read More]
Law enforcement has a direct ethical responsibility to preventing wrongful convictions, no matter how heavy the pressure for a conviction may be from a political standpoint. Wrongful convictions represent a miscarriage of justice and draw attention to procedural problems in law enforcement. One of the problems that has been shown to lead to wrongful convictions is the method by which eyewitness testimony is secured. Recent criminal justice policy and procedure have changed somewhat to prevent problems with false eyewitness testimony, but these changes have been irregularly implemented (Norris, Bonventre, Redlich, et al, 2017). Therefore, the onus remains upon individual departments to develop an ethical culture that prevents wrongful convictions.
As helpful as eyewitness accounts have been in securing rightful convictions, “eyewitnesses make mistakes and that their memories can be affected by various factors including the very law enforcement procedures designed to test their memories,” (Committee on Scientific Approaches to Understanding…… [Read More]
This paper discusses the origins of fingerprinting and the usage of fingerprint analysis in the field of forensics. It traces the history of the practice from the 19th century on into the 20th and discusses the methods used to obtain fingerprints from a crime scene. It also examines some of the problems of fingerprint analysis and how it is not a foolproof manner of identification and never has been. It shows why fingerprint analysis should be used as a tool and not as an end-all-be-all means of identification for investigators conducting a criminal investigation. The numerous cases of mistaken identity based upon faulty forensics applied in the case of fingerprint analysis are sufficient to indicate the merit of this claim.
Keywords: fingerprint analysis, forensics fingerprinting, crime scene investigation
The unique characteristics and contours of the fingerprint were first noted by 17th century anatomist Marcello Malpighi, who highlighted the…… [Read More]
Gender-specific programming for offenders can help address the differential needs of men and women, while also offering opportunities for transforming successful programs into gender-neutral, global options. One such opportunity is the Extended Visiting program offered by many states. Extended visiting or enhanced visiting offers incarcerated mothers the opportunity to “enjoy longer visits that are more structured and child-oriented” than the typical visitation options (Schubert, Duininck & Shlafer, 2016, p. 213). Because of initial successes at implementing extended visiting programs, criminal justice policy analysts may consider methods of introducing similar programs for fathers. When the goals of criminal justice become more oriented towards rehabilitation, extended visiting programs are crucial for facilitating reentry.
The Extended Visiting program specifically described by Schubert, Duininck & Shlafer (2016) was designed for low-risk offenders, specifically those living in a “privileged living unit,” (p. 219). As such, it may not be suitable for all prison populations regardless…… [Read More]
Although penologists disagree about how best to achieve the outcome, there is a general consensus that identifying optimal strategies that facilitate offender rehabilitation represents a valuable and timely enterprise at all levels of the criminal justice system. Various models for this purpose have emerged in recent years, including most especially the good lives model and the risk/need/responsivity model. This paper provides a critical analysis of three primary journal research papers about a offender rehabilitation from the perspective of these two key models, followed by a discussion concerning their relevance in light of the good lives model and the risk/need/responsivity model. Finally, a summary of the research and important findings concerning these two key models and offender rehabilitation learned from this exercise are presented in the conclusion.
Summary of Relevant Articles
Summary #1: Looman, J. & Abracen, J. (2013, Fall-Winter). The risk need responsivity model of offender rehabilitation: Is there really…… [Read More]
Two prevailing models that influence corrections today are the risk/need/responsivity model and the good lives model. The risk/need/responsivity model is comprised of three basic principles: (1) the “risk” principle asserts that criminal behavior can be reliably predicted and that treatment should focus on the higher risk offenders; (2) the “need” principle underscores the importance of criminogenic needs in the design and delivery of treatment; and (3) the “responsivity” principle describes how the treatment should be provided (Bonta & Andrews, 2007). By contrast, the good lives model is based on the belief that everyone has certain primary needs including autonomy, happiness, health, relatedness and competence that they continually attempt to satisfy. From a good lives model perspective, criminal behaviors are effective but maladaptive strategies for satisfying these needs (Schaffer & Jeglic, 2010). Therefore, interventions should be designed to identify these unique needs and assist offenders learn honest and legitimate ways to…… [Read More]
Conflicts of Interest
Conflict of interest emerges when an inividual in power uses their position to exploit situations to their advantage. For instance, if a law firm attempted representing the same couple in a divorce case (Legal Dictionary, 2018). Conflict of interest is a manifestation of structural failures of any society. The practice touches on a wide range of societal elements, including legal, political, and administrative aspects. Once public officers engage in acts of conflict of interest, they lose public trust (Pathranarakul, 2005).
Prosecutors often find themselves in the tight sport of conflict of interest. It is easy to be diverted from the mission to deliver justice when one is a prosecutor because of the ever-conflicting interests, and motivations one is exposed to (Green &Roiphe, 2017). In the case of lawyers, incidents in which personal interest comes into conflict with that of the client amount to a conflict…… [Read More]