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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…
Daly, M. & Wilson, M. (1997). Crime and conflict: Homicide in evolutionary psychological perspective. Crime & Justice, 22, 51 -- 100. Retrieved from http://psych.mcmaster.ca/dalywilson/Crime&Conflict.pdf
Wood, M.E. (No date). "Criminality is a product of genes and environment." www.personalityresearch.org. Retrieved from http://www.personalityresearch.org/papers/jones.html
Such is the case with Tennessee v Lane, a case in the Supreme Court that focused on the legality of Congress to enact laws such as the Americans with Disabilities Act under section V of the Fourteenth Amendment. The High Court ultimately found that Congress does have the power to enact a law which may run contrary to an individual state's sovereign immunity in cases that implicate access to the courts (Tennessee v Lane, 2004).
The suite was brought by plaintiffs who were disabled, lived in Tenessee, and claimed that they were unable to access the upper flowers of the state courthouses, thus denying them a public service under Title II of the ADA. The state of Tennessee argued that the 11th Amendment prohibited the suite. Congress, said Tennessee, could use its powers to remedy discrimuination that was blatant and purposeful, but not in general because of a state's sovereign…
Board of Trustees of the University of Alabama v Garrett, 531 U.S. 356 (U.S. Supreme 2001).
Tennessee v Lane, 541 U.S. 509 (U.S. Supremem Court 2004).
Bradley, C. (Ed.). (2006). The Rehnquist Legacy. New York: Cambridge University Press.
Criminal Justice Issue
As a police detective, I handle the majority of homicide investigations with my partner, Officer X (X). We are investigating the brutal beating, rape and assault of a woman in our community who is now in a coma. Earlier that evening, officers responded to a complaint that a gang of young men were assaulting residents and two members of the gang, 14 years of age, were arrested. X interviewed both in separate rooms. We found that they had previous records for robbery and assault. X reports that both confessed and the case is closed. However, the case has reached national prominence due to the circumstances. A conviction will vindicate the police, but there are proprietary questions of Constitutional ights, Policy, and ethics that are bothering me and forcing an ethical decision.
Major Ethical and Legal Dilemmas:
The youths were 14, minors, and entitled to have parents or…
Deverette, R. (2002). Introduction to Virtue Ethics. Washington, DC: Georgetown
Sandel, C. (2010). Justice: What's the Right Thing to Do? New York: Farar, Straus and Giroux.
Sissler, D. (2001). The Needs of the Few Outweigh the Needs of the Many. Retrieved from Davidsissler.com website: http://www.davidsisler.com/05-09-2001.htm
Ethics Policy for the Media in Handling the Reporting of Criminal Justice Issues and News
American constitutional history speaks of balancing two or more rights against each other; in this particular context, the two rights requiring balancing are: society's right of knowing and press victims' privacy rights. One end has media reporters who seek free public data access together with complete discretion to publish whatever they desire, while the other has crime victims who are largely private citizens wishing to remain unseen but shoved unwillingly into the press's glare. A hodgepodge of multiple-level court rulings and state and federal legislation illuminate the pendulum's direction over time (Steele, 2002).
(1) Strive to find accurate facts and report them in maximum possible detail
• Be constantly informed in order to be able to clearly and persuasively inform, involve, and educate society on major subjects.
• Maintain honesty, fairness, and courage when collecting,…
Whereas judicial decisions are more likely to concern substantive matters of law and definitions of legal concepts, legislative adjustments generally reflect social consensus, particularly over large spans of time. Admittedly, political access and the relative ability of specific individuals, communities, and entities to generate legislative changes beneficial to them are not, in any sense, equal when viewed from the microcosmic perspective. Nevertheless, over time, changes in the American criminal justice are largely functions of widely-shared societal concerns and social values in the United States.
In recent years, the American criminal justice system has changed in several significant respects: it has become increasingly federalized; it seen a dramatic increase in the privatization of criminal justice facilities; and it has become ever-more effective by virtue of its technological evolution. Likewise, concepts and principles of criminal reform have continually undergone cyclical changes, due in part to unanticipated flaws in prior approaches or simply…
To the extent that crime is a function of larger social issues, it is unrealistic to expect those underlying social problems to be rectified by law enforcement efforts. Even with respect to specific incidence of criminal behavior, law enforcement authorities must address two competing interests that fall within the purview and responsibility of law enforcement.
Specifically, poverty, unwanted pregnancy, lack of educational and vocational opportunities, and perceived social "disenfranchisement" within communities contribute heavily to crime in those areas but none of those social factors are capable of being redressed directly by law enforcement authorities. Likewise, even within the realm of law enforcement responsibilities, emphasis on quality-of-life-oriented policing and crime prevention-oriented policing conflict with the goal of preventing crime in light of empirical evidence and anecdotal experience demonstrating that efforts directed at the former do not necessarily achieve the goals of the latter appreciably.
In that regard, directed police patrols and…
Criminal Justice -- Sheriff's Departments Hiring Requirements
San Francisco County Sheriff's Department
The minimum qualifications for applying to the San Francisco Sheriff's Department (SFSD) are as follows: the candidate must be at least 18 years of age; must be a U.S. citizen or a "permanent alien who is eligible and has applied for citizenship"; must have a U.S. high school diploma (or GED certificate) or a 2-year or 4-year college degree; cannot have any felony convictions (and certain misdemeanor convictions); must be physically and mentally healthy and be of good moral character.
The selection requirements include: a) testing reading and writing ability (an acceptable score must be obtained on the POST Entry-Level Law Enforcement Test Battery); b) an oral interview (the department head and another department employee, or an oral panel, gives this oral interview; a candidate's "experience, problem solving ability, communication skills, motivation/interest, interpersonal skills and community awareness /…
Saint Louis County Missouri. (2009). Law and Public Safety / Evaluating Quality Police
Services / What is Quality Police Service? Retrieved June 3, 2012, from http://www.stlouisco.com .
San Diego County Sheriff's Department. (2011). Become a Deputy Sheriff / Lateral Program /
Join Our Team. Retrieved June 3, 2012, from http://www.joinsdsheriff.net/lateral.html.
Such an approach allows determinations of fewer prejudgments, and is less disturbing to respondents than experiments.
However, the disadvantages arise in the probability and possibility of corrupted subject, which essentially deprives the outcome in its entire accuracy.
Complete participation observation is very time-consuming. It requires commitments that measure months or even years. In all consideration, as many aspects of this type of study require disguise and complete life-modification, it is assumed to be the most rigorous and cumbersome method of study for the observer and study partakers.
3. Explain the following statement:
Lamda, the correlation coefficient used for nominal variables provides only the strength of the relationship between two variables unlike gamma, spearman's rho, and Pearson's correlation coefficients."
Nominal level variables are representations of the simplest level of measurement. Demographic variables such as sex, race, religion, and city are examples of nominal variables. Values can be distinguishingly assigned to nominal…
Lavine, James P. (1983) Jury Toughness: The Impact of Conservatism on Criminal Court Verticts. Retrieved May 3rd, 2007, from the World Wide Web: http://cad.sagepub.com/cgi/content/abstract/29/1/71
Criminal Justice System Today
Most Significant Problem Facing the Criminal Justice System
What is the most significant problem facing the criminal justice system today?
The urgency needed in addressing crime issues is a factor that is widely acceptable, the public view crime and fear of crime as among the most vital issues. A number of communities have been converted into war zones with a ring of gunshots being the order of the day and night. The society struggle everyday to bring order but, this is challenged by criminal behaviors that do not adhere to traditional standards. On the other hand are the policy makers and administrators in the criminal justice systems trying to unravel the complex nature of crime. There have been significant changes in how policing, adjudication, sentencing, imprisonment, and community corrections are approached. The existence of pressure from the public and ever changing policies creates the need understand…
Green, B. (2011). "Criminal Justice - What's Ahead? Roadblocks and New Directions."
Criminal Justice, Volume 25, Number 4.
Leipold, A.D. (1995). Why grand juries do not (and cannot) protect the accused, 80 Cornell.
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…
"Court Procedures." United States Courts Web Page. Retrieved from http://www.uscourts.gov/FederalCourts.aspx
"Criminal Justice System - Structural and Theoretical Components of Criminal Justice Systems, The Systems in Operation, The importance of Viewing Criminal Justice as a System." Retrieved from Criminal Justice System - Structural And Theoretical Components Of Criminal Justice Systems, The Systems In Operation, The Importance Of Viewing Criminal Justice As A System
Kaiser, Frederick. (2003). American National Government: An Overview. CRS Report for Congress. Retrieved from http://www.fas.org/sgp/crs/RS20443.pdf
"Federal Courts." United States Courts Web Page. Retrieved from
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…
AELE Mo L.J. (2008). Civil Liability for Use of Deadly Force -- Part Three Supervisory Liability and Negligent/Accidental Acts, 101, 1.
AELE Mo L.J. (2007). Civil Liability Law Section: Civil Liability for Use of Deadly Force -- Part Two Qualified Immunity and Inadequate Training, 101,12.
Archives.gov (2010). Retrieved from: http://www.archives.gov/education/lessons/civil-rights-act/
Banks, N. (2010). The Importance of Ethics in Criminal Justice. Retrieved from: http://www.sagepub.com/upm-data/4031_Banks_Chapter_1_Proof.pdf
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…
Cullen, F.T., Eck, J.E., Lowencamp, C.T. (2002) Environmental Corrections: A New Paradigm for Effective Probation and Parole Supervision.
Lynch, M.J. (1999) Beating a Dead Horse: Is Their Any Basic Empirical Evidence for the Deterrent Effect of Imprisonment?
Schmalleger, F. (2001) Criminal Justice Today: An Introductory Text for the 21st Century. New Jersey: Prentice Hall
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…
Kraska, P., & Brent, J. (2011).Theorizing Criminal Justice: Eight Essential Orientations (2nd
Edition). Long Grove
Hancock, B., & Sharp, P. (2004).Criminal Justice in America (3rd Edition).Upper Saddle River,
NY: Prentice Hall
Under the stewardship of Police Commissioner Howard Safir, the NYPD began analyzing daily crime statistics collected from its 40,000 officers throughout the five boroughs of New York City and generating computer modeling of crime trends in a system dubbed CompStat that allowed the accurate identification of crime trends with pinpoint accuracy, often permitting nearly as precise predictive modeling via extrapolation (Safir, 2003).
The other main benefit and purpose of CompStat was that is enabled police administrators to grade the performance of every precinct according to any criteria defined by policy considerations. That aspect of CompStat is relied upon heavily by NYPD administration to the extent that Commissioner Safir reassigned, removed, or demoted fifty-four precinct commanders during his tenure as commissioner between 1996 and 2000 (Safir, 2003). Naturally, the technical means of data collection and analysis techniques differ quite profoundly from those available to previous generations of police administrators, but the…
Coleman, J.L., Thomas, C.C. (2002). Operational Mid-Level Management for Police. Illinois: Springfield.
Conlon, E. (2004). Blue Blood. New York: Riverhead.
Lee, W.D. (2007). Program Evaluations: Improving Operational Effectiveness and Organizational Efficiency; FBI Law Enforcement Bulletin (Nov/07 Vol. 76
No. 11, pp. 1-6).
Richard Allen, the state's prisons commissioner, said ednesday the change is meant to reduce overtime, and should save the state $3 million to $4 million a year. 'e don't have any choice about it,' Allen said. 'e've got to save money. e've got to do some things that are out of the box, and this is one of them'" (Diel 2008). Corrections officers have naturally protested this measure, citing the dangers of the job and the impact upon the quality of their health and financial lives.
Alabama is not alone. In Florida budget cutbacks were blamed recently when "A Florida correctional officer was killed on the job last week" (Ray 2008). Even though corrections officer positions have not been eliminated in the state of Florida, an expanding prison population coupled with a refusal to add more positions have lead to understaffed prisons and overworked, tired officers. In other states, cutbacks…
Corrections officers. (2008). 2008 Occupational Outlook. Department of Labor Statistics 2008-
2009 Edition. Retrieved 1 Oct 2008. http://www.bls.gov/oco/ocos156.htm
Diel, Stan. (2008, September 25) Corrections officers at seven Alabama prisons to work 12-hour shifts. Birmingham News. Retrieved 1 Oct 2008.
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…
references the Audits and Strategies Toolkit. The URL to that paper is http://www.leics.gov.uk/nwl_2_method.pdf Specifically, the resource that I located was an audit report from a work group conducted by the Research and Information Team of Leicestershire County Council, the focus of which was crime, disorder, and drugs. The audit workshop was conducted on February 13, 2004. From this paper, I was able to make some comparisons between the Audits and Strategies toolkit and our readings about Problem Analysis Evaluation methods and strategies. Both approaches have a problem-centered focus that helps to generate strategies for addressing problems that include: (1) Summarization of data that embeds considerations about spatial analysis (i.e., mapping crimes presented a challenge as the data sources vary with respect to the type of census and mesh maps -- based on a grid system --employed); (2) key problem identification; (3) deep data analysis
There should also be refresher courses given every year so that officers do not forget about their ethical responsibilities. t is important in the police arena that ethical behavior is top priority and that everyone is as ethical as they can be.
Web Field Trip
Tonry, M. (1997). ntermediate Sanctions in Sentencing Guidelines. Retrieved from https://www.ncjrs.gov/pdffiles/165043.pdf
The article ntermediate Sanctions in Sentencing Guidelines is a very comprehensive guide to what intermediate sanctions are and how they can be incorporated into sentencing guidelines. This article defines what intermediate sanctions are and how they can be used in sentencing guidelines in order to help those offenders who may not otherwise benefit from traditional sentencing practices. The guide also discusses the problems that can occur when implementing these types of sanctions and what can be done to try and avoid the issues that can occur. The overall gist of the article is to…
Intermediate Sanctions for Non-Violent Offenders Could Produce Savings. (2010). Retrieved
The article Intermediate Sanctions for Non-Violent Offenders Could Produce Savings is a good discussion of how the use of intermediate sanctions used for certain offenders can lead to cost savings. In today's economy money for correctional institutions is at a low just like it is for everything else. Because of this it is becoming more and more important for corrections in general to cut costs. This article is a very good discussion on how intermediate sanctions can be used to help cut expenses in the criminal justice system. The article discusses how these types of sanctions can be used for certain offenders in order to benefit them the most while reducing the amount of money that it takes to lock every offender up for a specific period of time. This article also discusses the drawbacks that come along with implementing intermediate sanctions and how these issues can be addressed ahead of time in order to mitigate their effects.
Equal protection is a fundamental constitutional protection, that in modern times, guarantees the equal effect of law to all persons. In that regard, the Supreme Court has established specific suspect classes of individuals, such as membership in a minority race, whose rights to equal protection must be guarded most scrupulously, primarily because the need to do so has been more than adequately demonstrated by aspects of relatively recent American history.
According to criminologists and researchers who have conducted studies of the impact of criminal laws in general, and of capital punishment in particular, criminal defendants who are members of minority races (as well as those who are poor) are statistically much more likely to receive the death penalty in comparison with non- minority (and wealthier) criminals convicted of identical death-penalty-eligible offenses (Schmalleger, 2007; Zalman, 2008). This discrepancy suggests that capital punishment in the U.S. still violates one of…
Dershowitz, a. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York: Bantam Books.
Friedman, a. (2005). A History of American Law. New York: Touchstone.
Kaveny, C. (2008). Justice or vengeance: is the death penalty cruel and unusual?
Commonwealth; Feb 18/08.
As practitioners of the law, court officials and subordinates are bound by the single powerful system of the law and governmental policy. Lawyers are bound by regulation rather than occupational socialization. Their interaction with the general public is also much more significant than that of the police, which provides a lower level of occupational intra-organizational loyalty than might be found among police officers.
Court decisions are obliged to abide by the law. The issue is however complicated by the fact that the upreme Court is partial towards the power-wielding authority in the White House. This tends to detract from objectivity when making constitutional decisions. The issue is further complicated by the 9/11 attacks and other similar factors.
The devastating attacks during 2001 have not only influenced political power, but also the way in which this power was used to influence decisions by courts, the police, and individuals working within these…
Bibas, Stephanos. (2005, Nov). Originalism and Formalism in Criminal Procedure: The Triumph of Justice Scalia, the Unlikely Friend of Criminal Defendants? Georgetown Law Journal. FindArticles.com: http://findarticles.com/p/articles/mi_qa3805/is_200511/ai_n16013090
Clayton, Cornell W. (2006, June). Politics of Criminal Justice. Georgetown Law Journal. FindArticles.com:
Harrison, Stephen J. (1998) Police Organizational Culture: Using Ingrained Values to Build Positive Organizational Improvement. http://www.pamij.com/harrison.html
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…
Wolfgang, Marvin (1990). Crime and Punishment in Renaissance Florence. Journal of Criminal Law and Criminology. Retrieved on January 11, 2008.
Schmalleger, Frank (2001). Criminal Justice: A Brief Introduction. Prentice Hall. Retrieved on January 11, 2008.
Cornell University Law School. Bill of Rights from Cornell University Law School. Retrieved on January 11, 2008.
Nicholas J. Szabo. (2006). Jurisdiction as Property: Franchise Jurisdiction from Henry III to James I. Retrieved on January 11, 2008 at http://szabo.best.vwh.net/JurisdictionAsProperty.pdf
Second, retrospective analysis of the statistical effect of increasing prison populations through across-the-board increases in prosecution and the length of sentencing suggests that the relationship between merely increasing prison populations and decreased crime rates is insufficient to justify focusing on this approach. Since a relatively small percentage of criminals (even serious criminals) account for a disproportionately high percentage of crime (Visher, 1987), merely increasing across-the- board imprisonment of criminal offenders is not an approach likely to reduce crime substantially.
Specifically, increasing prison populations by 10 to 20% through collective incapacitation corresponds to only 1% reduction in crime; similarly, even the implementation of increased imprisonment through selective incapacitation is projected to produce only marginally better results in the neighborhood of perhaps 5% crime reduction associated with a 5 or 10% increase in prison populations (Visher, 1987).
On a cost-benefit analysis alone, (let alone the ethical issues raised by this approach), the…
Visher, C.A. (1987). Incapacitation and Crime Control: Does a "Lock 'Em Up" Strategy Reduce Crime? Justice Quarterly, Vol.4, No.4 (Dec/87).
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…
Catalano, S.M. (2006). The Measurement of Crime: Victim Reporting and Police Recording.
New York: LFB Scholarly.
Conklin, J. (2010). Criminology. New Jersey: Pearson Education Inc.
Kornhauser, R. (1978). Social Causes of Delinquency. Chicago: University of Chacago Press.
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…
Cecil, Greek. (1991). Is This The End of Rico? Or Only The Beginning: The Ongoing Debate
Over the Expanded Use of Criminal and Civil Rico. Retrieved April 20, 2009, from Web
Chapter 96 -- Racketeer Influenced and Corrupt Organizations. (2000). Retrieved April 20, 2009,
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…
Criminal Law Lawyer Source. (2009). Search 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? Supreme Court Articles. http://www.legalzoom.com/legal-articles/when-police-frisk-you.html
Walker, Jayme S. (1998, Dec 1). Moving and touching stowed or checked luggage: Fourth Amendment considerations. The FBI Law Enforcement Bulletin. http://www.encyclopedia.com/doc/1G1-53590199.html
" (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…
Merillat, a.P. (2006). The question of future dangerousness of capital defendants. Texas Bar
Journal, 69(8), 738-741.
Determine whether Mr. Ebersol was guilty of shoplifting. If Mr. Ebersol was guilty of shoplifting, determine what he can expect his punishment to be.
Mr. Ebersol purchased a flathead screwdriver from the hardware store on Saturday, but purchased a Phillips head screwdriver by mistake. Mr. Ebersol returned to the store with the intention of purchasing screws for his new screwdriver. When he discovered that the hardware store was out of flathead screws, Mr. Ebersol left the flathead screwdriver on the counter and left the store with a Phillips head screwdriver in his pocket. Mr. Ebersol was detained, interrogated for 2 1/2 hours, and released with shoplifting charges against him.
(1) Is Mr. Ebersol guilty of shoplifting?
(2) If Mr. Ebersol is guilty of shoplifting, what can his expected punishment be?
(1) Mr. Ebersol is not guilty of…
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…
Campbell, A., Coyle, A., & Neufeld, R. (2003). Capitalist Punishment: Prison Privatization & Human Rights. Clarity Press. Atlanta.
Gandy, J. & Hurl, L. (1987). Private Sector Involvement in Prison Industries: Options and Issues. Canadian Journal of Criminology. Volume: 29. Issue: 2.
Should Sherriff's be Elected?
Across the nation popular election is the almost standardized means of selection of the sheriff. Sheriffs are elected to four-year terms in forty one states, two-year terms in three states, a three-year term in one state and a six-year term in one state. The races are on a partisan ballot in forty states and on a non-partisan basis in six states. A small number of states do not have the office of sheriff. "There are no sheriffs in Alaska and that office was essentially abolished in the year 2000 in Connecticut. Hawaii does not have the position traditionally associated with the office of sheriff. In hode Island, the governor appoints the sheriff. In two Colorado counties and Dade County, Florida, sheriffs are appointed by the county executive" (Elected office of the sheriff, n.d.). Some jurisdictions have explored switching to a system of appointed sheriffs…
Dan Smith - Bell County Sheriff. (n.d.). Retreived from http://www.co.bell.tx.us/Sheriff/03aboutthesheriff.htm
Elected office of the sheriff. (n.d.). Retreived from http://www.sheriffs.org/sites/default/files/tb/The_Elected_Office_of_Sheriff
Killeen Police Department. (2012). Retreived from http://www.killeentexas.gov/index.php?section=226
e. height, weight, age, race, etc.), in connection with the investigation of specific criminal activity, that information allows authorities to narrow the search for individuals who match those identifying characteristics. The process is perfectly logical and obviously makes infinitely more sense than continuing to search for individuals who bear no resemblance to the descriptions provided by reliable sources.
However, the same legitimate techniques with respect to specific evidence of crimes also has a history of impermissible application in ways that deprive subjects of police investigation of their fundamental constitutional rights. For example, in the late 20th century, the U.S. Customs Service and the Drug Enforcement Administration both made extensive use of what they called "criminal indicators" in connection with their efforts to apprehend criminal drug traffickers as they attempted to enter the U.S. At the borders (Schmalleger, 2007).
Among other criteria, those sets of indicators including Hispanic origin and language,…
Dershowitz, a. (2002) Shouting Fire: Civil Liberties in a Turbulent Age. New York: Little Brown & Co.
Peak, K. (2002) Policing America: Methods, Issues, Challenges (Third Edition). New Jersey: Prentice Hall.
Schmalleger, F. (2007). Criminal Justice Today: An Introductory Text for the 21st Century. Hoboken, NJ: Prentice Hall
U.S. Institute of Justice and Inter-university Consortium for Political and Social Research (1999) Police-Public Contact Survey; Academy of Criminal Justice Sciences; Mar 2004
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…
Choo, A., and Mellors, M. (1995) Undercover Police Operations and What the Suspect Said (Or Didn't Say). Web Journal of Current Legal Issues, Blackstone Press, University of Leicester. Web site: http://wenjcli.ncl.ac.uk/articles2/choo2.html
Girodo, M. (1985) Health and Legal Issues in Undercover Narcotics Investigations: Misrepresented Evidence. Behavioral Sciences and the Law, 3(3),299-308.
Girodo, M. (1991) Drug Corruption in Undercover Agents: Measuring the Risk. Behavioral Sciences and the Law, 9, 361-370.
Girodo, M. (1997) Undercover Agent Assessment Centers: Crafting Vice and Virtue for Impostors. Journal of Social Behavior and Personality, 12(5), 237-260.
The future technologies will assure authentication along with evidence. Another advancement that will assist to recognize the criminal is the "Face Software" that will help to create the image of the suspected criminal and it will be a great help for the police department. DNA profiling and fingerprinting is also under process for the purpose of identification of the criminals. DNA (Deoxyribonucleic acid) is the fluid present inside the human cell. DNA is the content of the human body that remains unchanged throughout the life, and every human has the different composition of the DNA form another human. Even the two identical twins with same physical features have different DNAs. Therefore, any person can be identified through his/her DNA profile. DNA is a powerful investigation tool for the Criminal justice system and the FBI to stop the anti-human activities in the world. The scientific progress will also help to manufacture…
Pattavina, a. (2005). Information Technology and the Criminal Justice System. Thousand Oaks, Calif.: Sage Publications, cop.
Ritter, N.M. (2006). Preparing for the Future: Criminal Justice. National Institute of Justice, 45.
Sorensen, J.R. (2009). An assessment of the relative impact of criminal justice and criminology. Journal of criminal justice, 505-511.
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
Maloney, Dennis (2001, July). The emergence of community justice. Issues of Democracy. http://www.justice.gov/
United States Department of Justice. (2008). What we do. http://www.justice.gov
Some attorneys simply seem to enjoy outrageous conduct when it comes to proving the innocence of their client, and some simply relish the feeling of power they have in the courtroom environment. Giving attorneys too much power can lead to problems in the courtroom and in the justice system. The debate over punishment that fits the crime and the death penalty also seem like debates that will rage for a long time, no matter what happens in the criminal justice system. There are always going to be cases where a minor criminal is sentenced to a punishment that seems much bigger than the crime they committed, and there will always be people opposed and in support of the death penalty. These chapters show that the criminal justice system is not perfect, and that reforms could help create a better, more workable system, but they also show that there will always…
Various Authors. (2005). Justice, Crime and Ethics. Cincinnati, OH: Anderson Publishing Company pp. 125-201.
This substantiates the concept that simply building more correctional facilities will only exacerbate the problem, as it will probably fill up even faster than it can be completed.
Moses Wright (2007) notes that there is light at the end of the tunnel. An increasing number of critics and professionals are recognizing the possibilities of rehabilitation as opposed to imprisonment. Rehabilitation has a number of advantages. Most notably, it will discourage repeat offending and thus reduce the number of prisoners who return to prison after only a short time. In addition, rehabilitation programs will both help those participating and other prisoners for whom an example is provided to become worthy contributors to society. Furthermore, rehabilitation will also relieve society of those repeat offenders who are never apprehended and thus continue to have the opportunity to commit their crimes. It therefore appears that rehabilitation programs could be much more effective in reducing…
Davis, Matthews (2006, April 7). The World's Biggest Prison System. BBC News, Washington. http://news.bbc.co.uk/2/hi/americas/4858580.stm
Patel, Roopal & McMurray, Peter. The Prison Dilemma: America's Penal System Makes a Mockery of Democracy. Harvard. http://www.digitas.harvard.edu/~perspy/old/issues/2000/apr/prison.html
Wright, Moses. (2007). Criminal Rehabilitation: Working towards a better life for prisoners and their families. http://ezinearticles.com/?Criminal-Rehabilitation-Working-Towards-a-Better-Life-for-Inmates-and-Their-Families&id=455250
The perpetrator may even have a documented prior criminal history involving physical or sexual assaults of victims with some of the same characteristics as the current series of victims. More likely than not, the perpetrator is a product of a home in which children witnessed physical abuse of their mother and/or experienced physical abuse themselves.
The fact that all but one victim shows evidence that the force used in the murder far exceeded that necessary to achieve death by strangulation suggests that the perpetrator possesses a significant amount of anger, even rage, at someone represented by his victims. The fact that all but one of the victims suffered a broken neck suggests that the perpetrator is more likely under the age of 50 than older, and more likely either a large or physically robust individual or both. uggested Investigatory Focus:
Based on preliminary analysis of the behavioral evidence, it is…
Gerrig, R., Zimbardo, P. (2005) Psychology and Life 17th Edition. Boston: Allyn & Bacon.
Innes, B. (2007) Serial Killers: The Stories of History's Most Evil Murderers. London: Quercas.
Schmalleger, F. (2001) Criminal Justice Today: An Introductory Text for the 21st Century. Hoboken, NJ: Prentice Hall
In that regard, Agnew's version of strain theory no longer explains the marked difference in male and female homicide rates, simply because it downplays the importance of the types of strains described by Merton. Whereas Merton's strains were associated more with the types of failures more likely to be experienced by males, Agnew's strains included many types of strains that, at least arguably, could be said to plague females even more than males.
Merton conceived of the source of strain as predominantly a function of identity roles and social success as defined in the cultural environment; Agnew added the many other sources of potential strain that relate to expectations of the individual rather than necessarily of society (Macionis 2003). More specifically, Agnew (1992) suggested that individuals vary substantially from one another and form many elements of their ideal "role model" more autonomously: whereas some individuals (of either gender) may value…
Agnew, R. (1992). Foundation for a General Strain Theory. Criminology, Vol. 30, No.1, pp. 47-87.
Broidy, L. (2001). Test of General Strain Theory; Criminology, Vol. 39, No. 1, pp. 9-35
Dugan, L., Nagin, D., Rosenfeld, R. (1999). Explaining the Decline in Intimate Partner Homicide: The Effects of Changing Domesticity, Women's Status, and Domestic Violence Resources; Homicide Studies, Vol. 3, No. 3, pp. 187-214. Gerrig, R., Zimbardo, P. (2005). Psychology and Life 17th Edition.
Boston: Allyn & Bacon
This study indicates that introducing new policing methods can be extremely problematic, (at least in the CMP organization), and that it can lead to dissention in departments and even in executive areas. It also shows a shift in overall thinking and governance to a more liberal outlook, both on crime and in the public, and it seems this shift is likely to continue. This seems to be a result of an overall shift in the public's awareness and needs in policing, and it should continue in the future. This seems to be continued in the public outcry and legislative response introducing legislation to get tougher on crime, as well.
Finally, the final article expresses the views of Canadians on three key issues: sentencing severity, the purposes of sentencing, and mandatory sentences of imprisonment. Canadians over the past 30 years have felt these issues are too lenient, and this continues, even…
Deukmedjian, J.E. (July 2006). From community to intelligence: Executive realignment of RCMP mission. Canadian Journal of Criminology and Criminal Justice. 523-542.
Office of the Prime Minister, (2006). Tackling crime: Stronger laws. Retrieved from the Government of Canada Web site: http://www.tacklingcrime.gc.ca/stronger_laws_e.asp19 Oct. 2007.
Roberts, J.V., Crutcher, N. And Verbrugge, P. (2007). Public attitudes to sentencing in Canada: Exploring recent findings. Canadian Journal of Criminology and Criminal Justice. 75-107.
There are three basic types of research designs including: (1) experimental designs; (2) quasi-experimental designs; and (3) non-experimental designs. (Shadish, Cook and Campbell, 2002) the 'gold standard' is stated to be represented by "...experimental evaluations that make use of the random assignment of individuals to interventions and control groups..." (Mulhlhausen, 2009)
Mulhlhausen (2009) reports that randomized evaluations are of the nature that serve to "ensure that pre-progam differences between the intervention and control groups do not confound or obscure the true impact of the programs being evaluated." In addition, random assignment is stated to enable the evaluator in testing "for differences between the experimental and control groups that are due to the intervention and not to pre-intervention discrepancies between the groups. y drawing members of the interaction and comparison groups from the same source of eligible participants, these experimental evaluations are superior to other evaluations using weaker designs." (Mulhlhausen, 2009)…
David Weisburd, Cynthia M. Lum, and Anthony Petrosino, "Does Research Design Affect Study Outcomes in Criminal Justice?" Annals of the American Academy of Political and Social Sciences, No. 578 (November 2001), pp. 50-70.
Nathan James, "Offender Reentry; Correctional Statistics, Reintegration into the Community, and Recidivism," CRS Report for Congress, April 21, 2009.
William R. Shadish, Thomas D. Cook, and Donald T. Campbell, Experimental and Quasi-Experimental Designs for Generalized Causal Inference (Boston: Houghton Mifflin Company, 2002).
Muhlhlausen, David B. (2009) Prisoner Reentry: A Limited Federal Government Role. The heritage foundation. 5 Nov 2009. Online available at: http://www.heritage.org/Research/Crime/tst110509a.cfm#_edn35
Other modern-era lines of Supreme Court decisions regulate all major areas of law enforcement against citizens and provide national standards that require compliance in all
One could argue that certain areas of search and seizure laws still allow police conduct that violates those valuable underlying principles. In particular, the Drayton decision (122 S. Ct. 2105, 2002) rejected the suggestion that ordinary citizens are not likely to believe they are free to decline a police officer's request for consent to a search of their person or belongings without probable cause. In Drayton, the defendants were passengers on a bus when two uniformed police officers boarded the vehicle and initiated conversations with passengers as part of routine drug and weapons interdiction practices.
The defendants consented to a specific request of the officer to search their bags and then their persons and the officer found cocaine concealed in the clothing of…
Bulzomi, M.J. (2006) Police Intervention Short of Arrest.
FBI Law Enforcement Bulletin 17(11), 26-32.
Mills, J.S. (1859) On Liberty.
Indianapolis: The Bobbs-Merrill Company, Inc. (1956)
The unique circumstances indicate that this event is an isolated one and that absent the abuse the offender is not likely to repeat the behavior. However, the seriousness of the crime, that is, a homicide, demands that the offender be treated firmly. The homicide is certainly understandable under the facts of the case but not necessarily justifiable. The discretion of the judge will determine to what extent the extenuating circumstances will affect the offenders sentencing.
A recommendation short of incarceration must include some form of intensive supervision for a period of time to ensure that the offender is as he appears to be, that is, a non-violent offender (U.S. Department of Justice, 1997). Such supervision should also include a period of counseling to ensure that the offender can effectively deal with any residual guilt arising from the homicide and the years of intensive abuse. Specific recommendations to this effect should…
Burke, P.B. (1997). Policy-Driven Responses to Probation and Parole Violations. Silver Spring, MD: Center for Effective Public Policy.
Farlex. (2002, April 1). Media Access. Retrieved December 15, 2010, from the Free Library: http://www.thefreelibrary.com/Media+access.+%28Survey+Summary%29.-a085462614
U.S. Department of Justice. (1997, May). Intermediate Sanctions in Sentencing Guidelines. Retrieved December 15, 2010, from NIJ Issues and Practices: http://www.ncjrs.gov/txtfiles/165043.txt
A researcher must limit the number of external and internal variables outside of the study variable that could affect the outcome of the study.
What are the disadvantages to the classic experiment?
The primary disadvantage of an experiment is that the controls imposed by a researcher to control for rival causation may create artificial conditions that alter the ability for the results of the study to be generalized to other populations. This is known as artificiality. Other disadvantages include difficulty in mimicking real-life situations in experimental situations, difficulty in retaining subjects, increased ethical considerations, researcher bias, higher risks to internal and external validity, and more difficult generalization of findings.
Differentiate between probability sampling and non-probability sampling.
Probability sampling refers to samples that permit estimation of the likelihood of each element of the population being selected in the sample. These include simple random samples, where each element has an equal likelihood…
criminal justice SAA
Criminal Justice: SAA
The objective of this work is to describe what SAA is and explain how it is used in fighting crimes. In addition, this work will answer as to what type of policing model is SAA most effectively used and why.
is described in the work of Phillip Lyons to be the "dominant model for police problem solving." (2000) The S.A..A. model was developed by Eck and Spelman more than a decade ago. The implementation of the S.A..A. model includes four steps, which are those as follows: (1) Scanning; (2) Analysis; (3) esponse; and (4) Assessment. (Lyons, 2000) The S.A..A. model is reported as being "widely applicable to problems faced by many neighborhoods" and to be such that has "produced excellent results for hundreds of communities across the United States." (NAM, 2000) This model is reported to establish a "collaborative systematic process to address issues…
Lyons, Phillip (2000) Community Policing Concepts Applied to TLE Patrol. Spring, 2000 edition of Texas Highway Patrol Association Magazine. Retrieved from: http://www.cjcenter.org/trcpi/doc/articles/cpc.pdf
What is S.A.R.A. Problem Solving (2000) Neighborhood Associations of Michigan (NAM). Fact Sheet. No. 3 December 2000. Retrieved from: http://www.cj.msu.edu/~outreach/rcpi/sara.pdf
History has shown us that, time and again, more privileged offenders become excused of higher-level degrees of crime and are, instead, tagged with the lower-level descriptor of white-collar crime. The FBI's definition merges with this second definition in that the FBI agrees that most white-collar crimes are perpetrated by business and government professionals, and that these crimes can be severe in that they can devastate individuals, families, and organizations (Federal Bureau of Investigation (FBI). [online]).
What is the National Insurance Crime Bureau, and what functions does it perform for law enforcement?
The National Insurance Crime Bureau (NICB), supported by approximately 1,000 property/casualty insurance companies, is an American non-profit organization located in Illinois that deals with insurance-related crimes and works with law enforcement agencies to ensure control and vigilance. Much of its work is related to motor vehicle theft. In general, however, the NICB describes itself as "partnering with insurers and…
Federal Bureau of Investigation (FBI). Retrieved on 4/4/2011 from:
National Insurance Crime Bureau (NICB). Retrieved on 4/4/2011 from:
In that regard, unofficial policies are communicated informally and reinforced by peer pressure as well as various negative consequences ranging from social ostracism to outright harassment and intimidation by threat or innuendo referencing the importance of solidarity among fellow officers who are responsible for each other's safety on the job.
Improving the Effectiveness of Communications within Police Departments:
One of the problems identified within police agencies is the purposeful withholding of information by superior officers as a means of ensuring (or increasing) their perceived value within the organization (Schaffer 2008). Countering this tendency effectively requires a two-pronged approach that includes (1) establishing objective criteria for advancement based on the performance and improvement rate of supervisees, and (2) conducting inventories of the degree to which supervisors disclose relevant information to all recipients whose performance may be affected negatively by withholding information for selfish purposes.
Eliminating the established dynamic represented by the…
Grubb, R., Hemby, V. (2003) Effective Communication for Criminal Justice Professionals. New York: Little, Brown & Co.
Linsky, M., Heifetz, R. (2002). Leadership on the Line. Boston, MA: Harvard Business School Press.
Schafer, J. (2008). Effective Police Leadership: Experiences and Perspectives of Law Enforcement Leaders; FBI Law Enforcement Bulletin, Vol. 77, No. 7, pp. 13-19.
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…
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…
American Law and Legal Information. (n.d.). Criminal justice system, structural and theoretical components of criminal justice systems, the systems of operation, the importance of viewing criminal justice as a system. American Law and Legal Information. Crime and Justice Volume 1. Accessed 22, May, 2007:
http://law.jrank.org/pages/858/Criminal -Justice-System.html' target='_blank' REL='NOFOLLOW'>
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.…
Johns, L.G., Downes, G.F., Bibles, C.D. (2005). Resurrecting Cold Case Serial Homicide Investigations; the FBI Law Enforcement Bulletin. (Vol. 74 No. 8). Kobalinsky, L., Liotti, T.F., Oeser-Sweat, J. (2005). DNA: Forensic and Legal Applications. Hoboken: Wiley & Sons.
Markey, J. (2007). After the Match: dealing with the New Era of DNA;
The FBI Law Enforcement Bulletin. (Vol. 76 No. 10). Yost, J., Burke, T. (2007). Veterinary Forensics: Animals Curtailing Crime; the FBI Law Enforcement Bulletin. (Vol. 76 No. 10).
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…
Due Process." (nd). Wikipedia. Retrieved Aug 4, 2006 at http://en.wikipedia.org/wiki/Due_process
What is Criminal Justice?" (nd). Chapter 1 in Survey of Criminal Justice. Retrieved Aug 4, 2006 at http://www.iejs.com/Survey_of_CJ/CH01.htm
The role of a judge includes interpretation and enforcement of the law. The judiciary is responsible for upholding and applying laws as made by the legislature. Such laws require interpretation and application by the judicial rules to diverse cases. The concept is inclusive of guidelines that promote appropriate sentencing (Gibson & Cavadino, 2008). Where the jury finds defendants guilty, the judges decide on appropriate sentencing. Magistrates find defendants guilty and issue sentences or refer to higher Courts for sentencing. Such is normally the case where the offences are too serious for the sentencing powers. The sentencing criterion is influenced by various factors such as the circumstances of each case and impact of the crime on the victims. Other components include relevant law that guides Court of Appeal cases. The judges equally take into consideration the mitigation provisions that include hard personal circumstances and remorseful expressions on guilty pleas…
Ashworth, A., (2005) Sentencing, and Criminal Justice. New York: Cambridge University Press
Gibson, B., Cavadino, P., (2008) The Criminal Justice System: An Introduction. New York: Waterside Press
Shahidullah, S.M., (2012) Comparative Criminal Justice Systems: Global and Local Perspectives. New York: Jones & Bartlett Publishers
Siegel, L., (2009) Introduction to Criminal Justice. New York: Cengage Learning
The two should know better but their emotions got the best of them. In this case I would myself (or ask another person who knows the two) pull one of the two aside gently but firmly and ask that he take a deep breath and not cause commotion to the point where we all suffer. I would say, "Take a break guy, please cool your jets for a few moments because you are causing all of us to be distracted from what we are supposed to be doing here. You're forcing us to be involved and we aren't part of your problem, so please, quiet down…"
If that wouldn't work, the next step of course is to notify the supervisor or foreman that we need help -- or to follow company policy in whatever form is required in that situation.
Who are my heroes?
I don't have any "heroes" in…
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…
Dershowitz, a. (2002) Why Terrorism Works.
New Haven: Yale University Press.
Dershowitz, a. (2002) Shouting Fire: Civil Liberties in a Turbulent Age.
New York: Little Brown & Co.
Specifically, police tactical policy must outline criteria for the use of every tool and every technique authorized for use by officers.
Effective policy and procedure management also includes indirect methods of minimizing the potential need for increased levels of force. For example, a lone officer typically faces situations that allow for fewer options in force escalation, particularly where the officer is outnumbered by subjects or suspects (Pinizzotto, Davis, & Miller, 2007). Therefore, some of the simplest but most effective administrative methods of minimizing the necessary use of force include assigning officers in pairs and establishing protocols detailing response and backup procedures corresponding to specific types of tactical situations or calls for service (McCauley, 2005). Training is essential for effective UOF control in modern policing, because stress and the perception of danger naturally detracts from decision making. epeatedly exposing officer candidates and cadets to simulated tactical situations in training ensures the…
McCauley, R. (2005). "Use of Force and High-Intensity Tactical Police Flashlight: Policy Concerns." The FBI Law Enforcement Bulletin; Vol. 74
No.11. Montgomery, D. (2005). "Perspective: Excessive Force 101." The FBI Law Enforcement Bulletin; Vol. 74 No.8. Pinizzotto, a., Davis, E, Miller, C. (2007). "The Deadly Mix: Officers, Offender, and the Circumstances that Bring them Together." The FBI Law Enforcement Bulletin;Vol. 76 No.1. Schmalleger, F. (2008). Criminal Justice: Introductory Text for the 21st Century.
Princeton, NJ: Pearson.
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…
American Law Library (2009). Racial profiling: should police practice racial profiling?
Vol.8, American Encyclopedia: Net Industries. Retrieved on March 29, 2013
Banks, C (2004), Racial Discrimination in the Criminal Justice System. Chapter 3. Sage
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)…
Felson, R. et. al. (August 2002). Reasons for reporting and not reporting domestic violence to the police. Criminology, Vol. 40, Issue 3.
Felson et. al.'s research utilized the National Crime Victimization Survey as its primary instrument in determining, assessing, and measuring the factors that lead to reporting (or not reporting) incidences of domestic violence. Survey findings show that there are three primary factors that are significantly relevant in inhibiting victims to reporting domestic violence to the police: "the desire for privacy, the desire to protect the offender ... And fear of reprisal."
The NCVS survey findings illustrate how the prevalence and continuous occurrence of abuse and domestic violence, especially among females, is still a social problem that needs unwavering attention by the government and civil society. New findings such as hesitance of male victims to report on their victimization reflect the changing nature of domestic violence in American society. In the same way that females need protection through the dissemination of proper and useful information about domestic violence, males are also in need of protection as well. Another important implication of the study is the changing nature of the respondents' (victims) concept of domestic violence, which varies significantly across gender.
Discuss with your peers the issue of whether the protection of the 4th Amendment against unreasonable searches and seizures has been seriously eroded by all these exceptions? Explain, in detail, why or why not?
(1) earch Incident to Lawful Arrest permits police to search persons who are lawfully arrested. This is a practical exception that does not seriously erode 4th Amendment protections, mainly because it does not interfere with the rights of citizens unless or until the other constitutional protections against unlawful arrest have been satisfied. In practical terms, lawfully arrested persons cannot be permitted to enter into the custody of the state without first ensuring that they are not in possession of weapons or other contraband.
(2) earch by Consent permits police to conduct searches of persons or property if they first obtain consent from subjects of those searches. Technically, consent obtained must be given freely and voluntarily and…
Akers, R.L. And Sellers, C.S. (2004). Criminological Theories: Introduction,
Evaluation, and Application. California: Roxbury Publishing Company.
Schmalleger, F. (2009) Criminal Justice Today: An Introductory Text for the 21st
Century. New Jersey: Prentice Hall.
However, even with the restriction of capital punishment to crimes involving murder, several issues still remain that contribute heavily to public opinion.
Specifically, the methods used for execution in several states are susceptible to errors capable of causing extreme and prolonged suffering too often. That is because lethal injection involves the administration of several different intravenous drugs in a precise order; mistakes in the sequence can cause the condemned person to suffocate slowly while paralyzed instead of dying nearly instantaneously after the heart is stopped, as intended (Kaveny, 2008).
Another basis for moral concern expressed by many people is that poverty and minority racial classification are both statistically linked to higher conviction rates and capital sentences than non-minority citizens with financial resources (Schmalleger, 2001). Furthermore, DNA-based forensic techniques are now being applied to evidence preserved after its use at criminal trial decades ago. In several highly publicized instances, convict have…
America. (2008) "Chaldeans Criticize Death Penalty for Assassin"; Jun 9-16.
Dershowitz, a. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York: Bantam Books.
Elliott, J. (2008). "Death penalty ruling's impact on Texas." Houston Chronicle, Jun 26.
Friedman, a. (2005). A History of American Law. New York: Touchstone.
The higher levels of the police UOFC includes "heavy hands" such as physical restraints and holds, or hand strikes if necessary to gain compliance or subdue a subject (Schmalleger 2001).
If escalation is still necessary, police officers may employ a baton or collapsible "asp" authorized for their use by their agencies, or electric tasers and other pain-inducing or physically incapacitating but non-lethal forms of physical force such as rubber bullets and "pepper balls" in place of standard (i.e. lethal) ammunition. Ultimately, where no lower level of force on the UOFC is sufficient to effect an arrest or protect others from danger posed by subjects, police officers are authorized to employ deadly force, such as their duty firearms (Schmalleger 2001). In general principle, the UOFC also applies to citizens, though not in the degree to which it dictates specific responses to physical attack or resistance to lawful citizen's arrest as recognized…
Dershowitz, a. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York: Little Brown & Co.
McCauley, R. (2005). Use of Force and High-Intensity Tactical Police Flashlight: Policy Concerns; the FBI Law Enforcement Journal. Vol. 74 No.11. Schmalleger, F. (2001). Criminal Justice Today: An Introductory Text for the 21st Century. Upper Saddle River, NJ: Prentice Hall.
In addition, gang activity and association is a big problem in many schools today, and many school systems are turning to local law enforcement agencies to help them combat school violence on a number of levels.
One of the activities that is being utilized across the country is the COPS is Schools (CIS) program, which helps local agencies hire school resource officers (SOs) to work inside the schools and develop community oriented programs that reach out to students, educators, and parents to identify and address violence issues in their particular schools. This can help the law enforcement agencies to identify the biggest problem schools in their area and address these schools with distinct problem oriented policing techniques geared to control the specific issues at a specific school, whether it is gang activity, truancy, or vandalism.
These SOs can also develop student programs that help students understand how they can help…
Editors. "Gangs." Center for Problem Oriented Policing. 2007. 8 Nov. 2007. http://www.cops.usdoj.gov/Default.asp?Item=1593
Editors. "School Safety." Center for Problem Oriented Policing. 2007. 8 Nov. 2007. http://www.cops.usdoj.gov/Default.asp?Item=106
As far back as the 1930s, the Texas angers became involved in the African-American struggle for full citizenship and civil rights. The angers were summoned to protect two Black men who had been called for jury duty. (Klarman, 2004, p. 154) Unfortunately, the same fabled angers operated on the other side of the fence when it came to their interactions with Mexican-Americans. According to Joan Moore in a 1970s work, "For decades the Texas angers terrorized the Mexican-Americans of the io Grande Valley, and even today, although they are reduced in numbers, los rinches are still used to 'handle' Mexicans." (Feagin, 2001, p. 218) the angers were also commonly used as a kind of border patrol. Though Mexicans and Mexican-Americans often suffered at their hands, the Texas angers came to be idolized by the State's White Population:
The Texas anger had acquired a strong and positive standing in myth, "eulogized,…
Bechtel, H.K. (1995). State Police in the United States: A Socio-Historical Analysis. Westport, CT: Greenwood Press.
Campbell, R. (2003). Gone to Texas: A History of the Lone Star State. New York: Oxford University Press.
There should be a manual override system in place in regards to the cell doors. This would allow those in charge to manually lock down all cells to help make sure that no other ones opened on their own.
Providing training to all staff ahead of time so that they are enabled to handle any such situation that might arise is critical. Every staff member should know what they are supposed to do and when they are supposed to do it, if an emergency situation should arise. Training and practice drills should be conducted ahead of time so that everyone is one the same page. Because human lives are at stake every effort should be made to make sure that the best possible plan is developed and available.
The security threat plan should be reviewed an updated on a regular basis. This will help to ensure that any changes that…
MCI - Cedar Junction. (2009). Retrieved September 29, 2009, from Mass.gov Web site:
Ranalli, Ralph. (2005). Havoc created in jail cells. Retrieved October 1, 2009, from Boston.com