Sexual Violence - Pedophilia and Child Molestation

Pedophilia is a mental disorder under the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV), and is characterized by adults to sexually molest children.  Pedophilia is criminal activity along with being immoral and socially not acceptable.  A person suffering from pedophilia may be having a range of characteristic symptoms including-
Recurrent and intense fantasies, sexual urges and behaviors of having sexual activity with individuals under the age of 13 or younger
These fantasies, sexual urges and behaviors of child sexual activity would create significant distress and impairments at the home, school, workplace or in social settings
The individual who is affected with this disorder should be more than 16 years of age and above 5 years older than the child who is sexually affected (DSM-IV-TR, 2009).

The Pedophile
The individual who is affected with pedophilia is known as a pedophile, and may be characterized by a number of sexual patterns including-
Having sexual activity with girls below the age of puberty
Having sexual activity with slightly younger girls
Having sex with slightly older boys
Having sexual activity with children of both sexes
Having sexual activity with children and adults (Ferguson, 2007)

The pedophile can be of two different types-
Situational pedophile
Regressed type
Morally indiscriminate type
Nave type
Preferential pedophile
Sadistic type
Fixated type (CSBSJU, 2009)

A situational pedophile may not have true sexual interest in the child but may choose to perform such an activity based on the circumstance.  Such an individual would not limit themselves to sex with children but may also choose adults, elders, animals, dead people, etc.  Such type has lower number of victims.  There are three subtypes of situational pedophile including regressed, morally indiscriminate and the nave type.  A regressed type may have a situation that compels him to perform child sexual activity.  Such an individual may perform such an activity during excessive life stressors.  Usually such individuals seem to be financially and professionally stable.  A morally indiscriminate type would choose anybody for sex inducing children, without choosing discriminately.  Children are often used as they are found to be convenient victims.  A naive type of pedophile is one who is affected with a mental disorder and is known by others to be weird in behavior.  Such an individual would not harm a child but rather pet the child, touches it and often fondles the child, but would not have direct sexual activity with the child.  They do not mean any harm to children and may deal with the child in a non-threatening manner as they feel children are harmless (CSBSJU, 2009).

A preferential pedophile prefers children for their sexual gratification and seeks to use children.  It is of two subtypes namely sadistic type and fixated type.  The sadistic type is usually a male seeking a female child for sexual gratification.  The child is usually a stranger and usually force is being used.  Sadistic child abusers usually kidnap children from schools, homes, playgrounds, etc, and cause damage and harm to the child, without any mercy.  Such individuals get used to the crime and would repeatedly perform the acts without any limit.  Usually after the sexual activity, the child is killed or seriously injured.  The person performing such an activity is usually an antisocial person known for hisher aggressive behavior.  The Fixated subtype is usually a person who is immature and uncomfortable working with other adults, and hence stays aloof.  Such an individual has a child-like behavior and prefers to be in the company of children as they are less demanding.  They like children and feel that children should not be harmed.  However, molestation may occur when their relationship becomes very intimate with the child and plan for seduction.  Such individuals usually have oral and genital sex with the child (CSBSJU, 2009).  Of all the subtypes, the sadistic pedophilia is the most damaging, followed by the morally indiscriminate type, regressed type and the fixated type.  

A pedophile would practice several sexual activities and behaviors with the child including-
Undressing the child
Undressing in front of the child
Flashing (showing ones private parts to the child)
Kissing and touching the child
Engaging in direct sexual activity with the child (oral, vaginal, anal sex)
Forcing the child to watch pornography
Verbal pressure forcing the child for sex
Exploitation children as sexual workers
Viewing pornographic photographs of the child
Engaged in taking pornographic photographic of the child or their distribution (NC-PTSD, 2010)

Signs of Child Molestation
All the child abuse activities may disturb the child physically, mentally and emotionally, as childhood is a developmental period.  Usually most of the activities are organized on the pretext of the activities would be educational for the child, and the sexual pleasure attained by the child during the sexual activity was essential as a part of the learning process.  Many pedophiles also drug the child with sedatives before engaging the child in sexual activity.  It would be difficult to determine if the child has been a victim of sexual abuse as always physical evidence may not be available.  In some cases, the child may be unconscious during the period of sexual activity of molestation.  Other children may want to keep the activity of abuse as a secret (NC-PTSD, 2009).  

Some of the signs that may be evident in a child following child molestation include-
Behaving in an abnormal manner
Constant fears and worries
Loss of learning skills
Poor performance at the school
Anxiety and depression
Bad dreams and nightmares (Sleep problems)
Conduct problems
Being aggressive
Bed wetting
Thumb sucking
Different attitude towards sex
Being cruel to others especially animals
Loss of social skills
Staying aloof from family, friends and peers
Suicidal tendencies (especially in teens)
Loss of trust in a close one
Loss of attention and concentration
Feelings of anger, disgust, shock, etc
Poor self-image and loss of self-confidence
Drug abuse and alcohol abuse
Eating problems (AACAP, 2009)

Legal Issues
The law is quite firm with the statement that children are incapable of providing informed consent for sexual activity.  Any such consent obtained from the child would not be valid as the child is immature due to age.  As the parents or the close relatives of the child are also capable of engaging the child in sexual activity, consent from the parents is also not valid to have sex with the child.  Today, there is immense awareness that pedophiles may work for organizations that promote activities that would normalize the manner in which adults can have sex with children. As these sexual activities are seriously damaging to the child, child pornography and publication of any material of how to have sex with a child is banned across several countries of the world (UIUC, 2009).

The incidence of child molestation is very high.  One in six boys is sexually abused and one in four girls suffers from abuse (National Center for PTSD, 2010).  Every year more than 80,000 cases of child molestation and abuse have been reported in the US, but this is only a tip of the iceberg. A majority of cases go unreported or it may be that the child would be timid not to tell others, the child being threatened not to tell others or the parents not reporting the matter to the authorities.  On a long-term basis, the effect of sexual abuse and molestation of the child would be psychologically and emotionally damaging (UIUC, 2009).  Child molestation can take place by various individuals including-
Close relatives
Elder siblings
Child care personnel
Medical care personnel
Law-enforcement personnel (AACAP, 2009)

In about 30  of all cases of child molestation, the molester would be a family member which includes a parent.  About 60  of all child molestations are committed by friends who are not actually family members but who know the child and the family well.  About 10 are actually committed by strangers. About 80  to 95 of all sexual abuses against child are from men, and the remaining 20  are by women.  Most of the abuses by men are against girls.  In women who sexually abuse children, 14 are against boys and 6 are against girls.  The internet has been increasing instances of child abuse in the world.   Increasing children are falling victims to strangers who get into contact with them through the internet (National Center for PTSD, 2010).  The mean age of the pedophiles who cause the greatest harm to children is about 27 years.  Females from the sadistic pedophile type are very rare.  The sadistic pedophiles are usually White male (CSBSJU, 2010).

Profiling Pedophiles
1. Personality of the profilers  Many of the pedophiles may actually be psychologically normal, though in some cases, underlying personality disorders may be evident.  Usually certain psychological patterns would be observed in the pedophiles, including low self-esteem, dysphoria, isolation, emotional liability, aggressiveness, etc.
2. Failure of reporting  Abuse that is not reported has a greater chance of being repeated.  Usually child sexual abuse is not reported due to shame, internal guilt, emotional reasons, fear, or afraid of the peoples reaction.
3. Access to children  In about 60 of all cases, abuse is by a known person.  Usually, the abuser would interact with the child in a lonely location.  They may either persuade the child to the location or gain the trust of the child to come to this location.  Girls are usually abused in their own homes and boys in locations outside home.  Pedophiles usually target children from lower socioeconomic and lower educational groups.  They usually look for families where the father has been staying away.
4. Timing of the vulnerability  Younger children usually are molested around 300 PM to 600 PM, whereas teenagers are assaulted from 800 PM to 200 PM.
5. Ritual of victimization
6. Abduction process
7. Previous experience of child sexual abuse  Studies have demonstrated people who have been victims of abuse are at the higher risk of abusing children when they become adults (Hall, 2007).

Conclusion (My Views)
Child molestation has become a huge social problem today.  It has been found that there are several types of pedophiles, but the worst subtype may be the sadistic type, wherein the assaulter would invariable abduct, attack, rape and kill the child.  There are certain demographic, social, psychosocial, psychiatric, familial, educational, martial and criminal patterns which are observable in the pedophiles.  However, abuse needs to be handled immediately in order to prevent further harm for the child itself and the society in general.  All cases of abuse need to be reported.  Children should be educated as to how they can identify such abuse and take steps to safeguard themselves.  If it is difficult to prevent abuse, then cases should be reported immediately and treatment should be offered to the victim (in the form of medication and psychotherapy) to ensure a speedy recovery.  The abusers would also have to receive treatment in correctional facilities so that they can prove to be less of a danger to society in the future.  The rates of recidivism are about 10 to 50 and in all cases of child abuse, the risk of re-offense needs to be calculated and adequate measures taken to prevent the same.  Pedophiles who are resident in a particular area should mandatorily report themselves to the local police station.  Besides, local physicians should also report to the law enforcement authorities about the presence of a pedophile, or the risk of an attack to any member of the society.  

Bio as A Criminologist

The study of criminology opens up new possibilities for professionals to understand the significance and value of actions and behavior leading to criminal behavior. One essential career goal that I seek to pursue revolves around competently justifying situations and existence of crime. Here, I should be able to utilize prevalent theories and identify their meaning and value to the actual deviant behavior. By doing this, it actively involves thorough investigation and study of cases and seeking to study approaches made by current scholars who have supplemented the development of this practice.

Another objective that I seek to achieve as a criminologist is to decipher new models and applications of enforcement that can control specific societal standards. However, to achieve this requires sufficient understanding of norms that are comparatively different in societies. Due to this, I seek to sustain the effort of acquiring knowledge from the capacity of scholars such as Philip Reichel, Jan van Dijk, and Charles Hou to interpret these trends accordingly.

Here, it can be seen that Reichels research can complement my study because of his focus in understanding the value of criminal behavior and criminology in the perspective of the globalizing environment (SAGE, 2000). I do believe that this is crucial in creating better ways of understanding how the discipline becomes globalized and what patterns remain existent within this specific trend.

For the part of Jan van Dijk, I seek to develop a keen eye over perspectives on security, safety, and victimology as it applies to the field of criminology (Tilburg University, 2009). On the other hand, Dr. Hous expertise in the crime prevention and the study of crime corresponds to a new perspective in understanding the situation more effectively (Pakistan Society of Criminology, 2003). Through these scholars, I can gain the skills to improve in my chosen field.

Coursework in Introduction to Criminology Answers to 2010 Midterm Exam

Socialization is the process by which a grouping of individuals brings an individual to become a contributing member of the group through certain processes and structures unique to the group. These processes and structures are geared towards bringing the individual to play a role in the group. In literal terms the role can be anything from being the lookout in a criminal gang to fatherhood in the greater context of society (Kerckhoff, 1972, p. 4).

Social Process theory is a perspective that views life as the growth of an innate primal impulse that has enlargement of itself as its core tendency. In sociology it views society as the complex dance of various forms of life all stemming from this immediate and primal need for enlargement and growth. In persons, the view of growth is more evident in the physical growth of a human being but when social interactions come in to play social process theory chooses to also recognize impersonal forms of life such as ideas, myths and cultural tendencies as going through the same process of enlargement and growth even though they lack human conscience. It further advances the thought that all these are engaged in a complex growth constantly interacting with each other to discover ever more functional ways of coexistence (Cooley, 1966).

Social learning theory proposes that in a social context human beings learn through observation, imitation and modeling all gleaned from other actors in the social context. Learning in this case is thus consisting of a number of means all contributing to learning. Behavioral change in social learning theory is not considered mandatory to reinforce learning. Social learning recognizes that individuals can actually learn from observation only and need not change behaviors in order to do so (Abbott).

Social disorganization theory is a view that originates crime from the existence of disorganizing forces in a society that result in certain groups of individuals being outside of the cooperating influences that society offers in groupings such as family, church and school. It attributes the presence of crime to the existence of areas in society, mostly geographic, where disorganization has occurred possibly due to economic forces and disinvestment.

Strain theory is a theory on crime that views criminal activity as the actions of individuals who share the desires of lifes trappings without any viable means for their attainment resulting in their descent in to criminal activity to satisfy what in their view society has failed to provide in means of advancement (Yilmaz, 2003).

Strain is a term used in sociology when strain theory is referred to show the pressures that individuals face in their ultimate fulfillment of desires that society exalts in cases where no moral and legal means exist for doing so.

Cultural transmission is the means through which beliefs, norms and values are transferred in social interactions between generations
ADHD is an acronym for Attention Deficit Hyperactivity Disorder which is a genetically transmitted psychological condition that is exhibited from childhood and involves hyperactivity behaviors in children that is accompanied with conduct disorders as well.

Neurotransmitters are molecules that can talk to one another and communicate in a sequence of events that ultimately results in biological function of the brain (as cited in Webster, 2001).

Psychodynamics is the theory that views the human mind as consisting of the id, the superego and the ego. It was first presented by Sigmund Freud (Ahles, 2004)

Behavior modeling is a term that refers to learning by copying often used in reference to the manner in which children learn from their parents.

Discouragement is an emotional state of mind that is characterized by feelings of despair usually caused by the failure to attain a desired outcome or goal.

Displacement is the process by which feelings are repressed by an individual into the subconscious instead of being expressed usually because of fear of perceived powers only for the feelings to come to the surface directed at another object or person (Jung, 1916).

General deterrence is a term use to refer to the discouraging elements that a punishment holds in the view of a potential offender that may result in the offender opting to avoid the crime. It refers to the avoidance of crime by individuals solely based on the gravity and certainty of punishment that the crime attracts (Siegel  Welsh, 2008)

Specific deterrence is a theory that proposes that convicted offenders will be deterred from future offences once they go through a severe punishment. The severity of the punishment experience would form a deterrent to future compliance with crime (Siegel  Welsh, 2008).

Passive precipitation is a theory in victim precipitation theory that suggests that a person can unknowingly expose themselves to criminal attack due to some personal characteristic that they may posses (Siegel, 2008).

Lifestyle theory is a theory that proposes the risk of criminal attack to be heightened by an individuals lifestyle (Siegel, 2008).

Suitable targets are easily transportable high value goods that offenders find attractive motivations for committing theft crime (Siegel  Welsh, 2008)

Victim Witness Assistance Program is an initiative of the federal government to alleviate the effects of crime in the lives of victims and their loved ones. These programs are found in many states across the U.S.

Uniform crime reports (UCRs) are documents in which official data on criminal activities is gathered. The report gathers data on the characteristics of offenders such as age sex etc. (Siegel  Welsh, 2008)
Part II crimes are categories of crimes that are considered less serious in the eyes of law than Part I crimes. Part II offences are injurious to our esteem and sense of self they occur to our mental and emotional sides and have a more lasting effect (Close, 2004)

National Crime Victimization Survey is a survey that measure victimization and the incidence of crime plus other characteristics of crime in the United States of America (Groves et. al, 2009)

Racial Threat Theory is a theory that focuses on modern racism and the amount of control the criminal justice system exerts on the black community. According to the theory the increase of blacks in an area corresponds to an increased threat to whites and justifies an increased police presence (Siegel  Welsh, 2008)

Criminology is the scientific comprehension of crime and the individuals that commit them (Carrabine, 2004).

Classical Criminology is a theory that states individuals go through a costs and benefits analysis weighing the punishment of a crime against its gains before committing crime (Siegel  Welsh, 2008)
Developmental theory attributes the propensity of committing crime to the growth of an individual such that if the growth is turbulent and transitions from one stage to the next are difficult an individual would commit crime (Siegel  Welsh, 2008)

Social structure theories in crime focus on the socio economic conditions that criminals inhabit during childhood and young adult hood and attribute crime to these states of living (Siegel, 2008)

Pro-crime forces and crime
Crime is only defined within law. The concept that crime is learned borrows from the modeling of behavior by children as they grow. In the case put forward the first criminal would have to have learned the criminal conduct from another group or society different from the one he found himself in. In his own light his conduct is moral and legal. To him no crime is being committed. Crime being defined within laws of conduct in earlier days would have varied since different cultures had different values and thus acceptable codes of conduct.

My own personal reaction to pro-crime forces was thus informed by my upbringing and conditioning. The values that I own as my identity determined my reaction. Only a marrying of my values with those of criminal conduct can result in my compliance with crime. These pro-crime forces therefore did not change my conduct simply because my values were not aligned with their rationale.

Transitional areas
Transitional neighborhoods are non existent in my town since there are very weak disorganization forces to precipitate high resident turnover. The presence of many diverse cultures in an area is non existent resulting in the strength of socializing forces of family, school, church and society. Turnover of residents thus does nothing to the crime rate

TV violence and Children
In looking at the evidence presented linking violence in TV shows and aggressive behavior even crime, there remains no conclusive evidence relating the two. Crime rates have not shown any effect from the pervasive presence of violent TV shows across the U.S. The watching of violent TV shows by children should however be regulated by guardians since there is no entertainment potential and benefit for young children to gain (Siegel, 2008).

Capital Punishment and deterrence of murder
The perceived benefits of broadcasting capital punishment as a deterrent to murder are not sufficient to warrant this method of deterrence. Deterrence may only work in crimes that lack passion. Since murder is usually a crime of passion then no form of rational intervention can affect deterrence. Empirical evidence to support the deterrent effects of capital punishment is also hard to come by (Siegel, 2008) It is thus impossible to deter homicides through this method.

School environments and crime incidence
The suggestion that school environments are dangerous is flawed. The danger being implied relates to crime incidence. Incidence of crime is more geographically linked to socio economic conditions than institutions per say. Schools in low income areas are thus more dangerous but this is not because of the nature of the institution but more due to the ecological condition of the neighborhood (Siegel, 2008).
Social and Environmental Factors influencing crime rates
Social factors influencing crime would be
Familial interactions
Peer grouping influences
Environmental factor are
Low income living conditions
Disrupted cultural influences
Deterrents to crime

Incapacitation which involves putting people behind bars is another form of social control where interaction is limited to only fellow offenders in the context of a prison facility. Situational crime prevention is also another form of social control where increased police presence and signs of force are used to deter crime. Social perception and the stigma related to criminal activity is another deterrent that controls my conduct in relation to crime (Siegel  Welsh, 2008).

The Menendez Brothers Cracking the Case

In March 1990, Erik and Lyle Menendez were arrested for the murder of their parents, Kitty and Jos Menendez.  They were showing signs of being sociopaths before the murders even happened.  After graduating from high school in 1988, the two began stealing from their friends parents they stole in excess of 100,000 (CI, 1).  Their parents had threatened to cut Erik and Lyle out of their will because of their behavior.   The day before the murders, the entire family went shark fishing at the Marina del Ray to try to relieve the tension.  Obviously, the trip did not benefit anyone.  Erik and Lyle still carried out the heinous crime the next evening on August 20, 1989 (CI, 1).  It was not until March 20, 1996 that they were convicted of first-degree murder.

Criminal investigators use a variety of scientific techniques in their casework.  Ballistics examines bullet size.  The Menendez brothers used 12-gauge Mossberg shotguns with ball-bearing sized pellets (CI, 2). From there, Detectives Les Zoeller and Tim Linehan determined that the gun receipt had a forged signature of their friend, Donovan Goodreau.  His alibi checked out that he was working in New York City at the time. Also, his signature did not match the one on the receipt. In addition, the store location address was wrong. This was evidence against the Menendez brothers (CI, 2).  In addition to handwriting analysis, investigators conducted many interviews. In October 1989, Erik confessed to his psychotherapist in a private session that him and his brother killed their parents.  His psychotherapist did not turn them in to the police, but made tape recordings of all of their sessions that were later collected as evidence (CI, 4).

Forensic analysts can now solve crimes based on the bloodstain pattern.  It determines the physical mechanism by which that bloodstain was created (Martin, 2).  For instance, blood splatters when an assailant hits a victim with great force and speed.  A blood pool suggests that a person is still alive.  A blood smear means that a bloody object was pressed against the surface of the other.  Investigators can track blood trails to determine where an incident took place (Platt, 85).

With the case of the Menendez brothers, it took seven months for investigators to find evidence against them.  From there, it was six years before Erik and Lyle Menendez were convicted of first-degree murder. They are still in prison today serving two life sentences.  The fact that Erik and Lyle Menendez had criminal records before the murders took place only aided in their guilt.

Concept of US Constitutional Law and Court Systems

U.S. Constitutional Law
a)   The court distinguishes a speakers message from the conduct associated with the message by using proprietary and regulatory functions of the government.  There are specific rules related to personal expression, and many are allowed so long as they are reasonable.  The court feels that the threat posed by the speaker is irrelevant and not consequential.  The court uses the absolute approach.  This approach determines if the nature of ones speech falls under the protections of the First Amendment.  If the court determines this fact, then the government and the courts are restricted and cannot intervene (Mason  Stephenson, 2005).  The First Amendment protects an individuals opinions, words, speech, and forms of expression.

b)  The legal distinction between making a threat and expressing a political opinion depends on where the expression occurred.  It is not necessary that the person making the threat be able to carry out such an act.  Fighting words are free and automated responses to a situation or suggestion.  The government does not intervene in this area since the Constitution leaves choices in words at the sole discretion of the individual.  Threats are a different story.  If a threat is intended to incite fear or imply intimidation, then the behavior is then criminalized with regard to its target.  Political opinions are a personal viewpoint in contrast with the majority in the public sector.

a)   Voluntary encounters involve law enforcement and private citizens.  These chance encounters are responded to without fear and with the citizens approval.  Investigatory stops involve the holding of a suspect who is not under arrest (Garner, 2001).  During the investigatory stop, the suspect is questioned and interrogated for possible criminal involvement in a crime.  This method is only constitutional if probable cause has already been determined to exist.  Arrests for the purpose of the Fourth Amendment are done so without a warrant, and they are only permissible if probable cause exists.   The Fourth Amendment does not protect individuals when they have volunteered information publically.  This voluntary information may have been offered through facial expressions or handwriting, which are easily accessible at any time (Mason  Stephenson, 2005).

b)  Reasonable suspicion is based on an entire situation as it is perceived by members of law enforcement.  The totality of an event is examined.  It scrutinizes every circumstance including observations, reports, and operations with regard to the suspect.  Reasonable suspicion is termed to be more than a gut feeling, but not as convincing as probable cause (Mason  Stephenson, 2005).  An example of reasonable suspicion might include an officer who is conducting surveillance in a grocery store parking lot.  He notices an individual walking nervously back and forth in front of the stores entrance.  He also notices a car parked close by with someone in the driver seat.  The officer might have reasonable suspicion to suspect that the two individuals are working together by assuming that the store is about to be robbed.

a)   The Olmstead and Katz cases helped the Supreme Court to determine what constitutes a search.  In 1928, the Olmstead case determined that some forms of electronic surveillance, such as eavesdropping, did not violate the Fourth Amendment.  The Katz case later determined that phone tapping devices were illegal without a proper secured warrant (Mason  Stephenson, 2005).  This form of search and seizure without a warrant was deemed to violate ones Fourth Amendment rights.  The Supreme Court established in the Katz case that a magistrate could have easily issued a warrant with certain provisions attached.  The court decided that electronic surveillance was constitutional if the purpose of such surveillance was done to protect against domestic subversion or foreign intelligence operations.  Domestic subversion requires a secure warrant.

b)  A limited weapons search is another way of referring to the stop and frisk by a member of law enforcement.  This search is a superficial exam conducted by a law enforcement officer.  It examines a persons body surface and clothing to determine if an individual is in possession of any weapons or contraband with regard to criminal activity.  An inventory search primarily deals with automobiles or closed containers found within.  In the United States v Matthewss case, the opening of any closed container was ruled unconstitutional unless the closed container has a lock whereby the keys are available (Mason  Stephenson, 2005).
a)  The Free and Voluntary rule addresses confessions brought about through promises, coercion, or by threats.  This type of pressured confession puts a suspect under a tremendous amount of undue duress.  Interrogators perform this unconstitutional act through depriving the suspect of sleep, food, and water.  It is also done by threatening the suspect with extended prison sentences or through making promises of letting the suspect go home.  The suspect suffers from being put through such an experience.  Some suffer mental breakdowns and become unable to think rationally.  Some suspects develop a sincere distrust for the law and what it represents as a result of the interrogation.  In more serious cases, the suspect may develop a psychological condition known as post traumatic stress disorder, whereby the mental trauma of the events endured linger indefinitely.
b)  The Fifth Amendment contends that no individual should be forced to be a witness against himself in any criminal case (Mason  Stephenson, 2005).  The testimony is a form of communication revealing the thoughts and ideas contained in ones mind.  This information is generally given voluntarily.

Compulsion refers to ones testimony being given by coercion or force.  If an individual feels threatened or forced to give testimony, it can be said that the individual was compelled to participate.  Self-incrimination is the response to a question or set of specific questions that cause the individual to criminally incriminate himself, thus subjecting himself to criminal charges.

a)   An individuals right to competent counsel refers to the legal representative providing an individual with the best of their abilities with regard to a proper defense.  An attorneys competence is equated with how much effort, research, and time is delegated for a case.  Sometimes, attorneys do not put forth the necessary effort needed to provide an individual with an adequate defense.  Examples of situations where competent counsel was not exercised include an attorney not returning calls or meeting with a client, not showing up for court, attempting to pressure the defendant into a plea bargain, and not being prepared for court.  In the latter, an attorney may not be prepared for court if he or she has not reviewed the case, prepared to call any witnesses, is unfamiliar with the witnesses that the prosecution is calling, or refuses to allow the defendant to testify.

b)  Double jeopardy is a legal term used to describe an instance where a defendant is tried twice for the same crime (Garner, 2001).  This practice is prohibited by the Fifth Amendment of the U.S. Constitution.  Double jeopardy provides the defendant with three protections.  The first provision provides that the defendant cannot be tried for the same crime if he or she has been acquitted.  The second provision states that the defendant cannot be tried for the same crime post-conviction.  Finally, double jeopardy exists if the defendant receives multiple punishments for the same crime.

a)  Justice Oliver Wendell Holmes once asserted that police officers could either keep their jobs or talk politics.  Some would have agreed with the assertion, but in actuality, Holmes meant for police officers to leave their personal beliefs outside of the office.  Personal views, including religious and political, can sometimes overshadow the requirements of a job.  Many jobs require that its employees remain neutral and objective.  No one should ever ask another United States citizen to choose between their employment and their constitutional rights.  If ones job requires them to surrender their constitutional rights, then he or she must be working outside of the United States.

b)  Police officers are sworn to uphold the law and to serve and protect the citizens of the community.  It is pertinent that an officer of the law do so without prejudice or bias.  In order to secure the safety of the general public, an officer must sometimes sacrifice some civilian privileges.  Some states provide an officers personal information, such as phone number or address, through public records.  This information can be reviewed at any time by anyone.  This could pose a threat to the officer and his or her family members if a grudge-holding criminal seeks revenge.
Court Systems

a)  The Preamble for the U.S. Constitution ensures that certain rights and privileges are protected. These specific items of interest should not be infringed upon by another individual, a court, or any form of government.  The Preamble is a much needed position in todays world, as the United States is now in dire straits.  The United States has been taken over, more or less, by a socialist group posing to be democratic.  The federal deficit is above and beyond what anyone could ever see as being paid off.  Laws and reforms are being created behind closed iron doors, and then suddenly they are sprung on the American public with the expectation of open arms and smiles.  The economy is down, unemployment is up and continuing to rise, and the Preamble needs to be reviewed by government legislators as a reminder of what their job really is (Cornell University School of Law, 2010).

b)  It is a decided opinion that Article I of the United States Constitution is in need of some revisions.  Sections 6 and 9 need the most work.  Section 6 states that members of Congress are paid for their services.  Members of Congress should do so on a voluntary basis and not as a career venture.  These political fat cats make a living off of forcing American citizens to dance like puppets on a string.  They should be forced to find jobs just like every American citizen.  Working for the government should be a privilege, not a career.  Section 9 should be changed to assert that members of Congress should hold voting sessions in each state before voting on Capitol Hill.  Congressmen should be forced to vote as to how the citizens of their representative state have voted.  This would ensure that at least part of the government is truly representative of the people.

a)  Obamacare is a key item of interest with regard to the current government.  Obamacare is force-fed healthcare for American citizens whether or not it can be afforded.  If Obamacare is passed, America will take yet another giant step towards socialism.  Gallop polls and Associated Press polls have revealed that the majority of Americans do not want this bill to pass.  This bill proposes that all Americans would be required to purchase this health insurance without regard for the ability to pay.  Failure to do so would subject the individual to government issued fines and taxes.

b)  Stare decisis means to stand by that which is decided (Garner, 2001).  Courts must follow by the example that has been set before them in case law.  The Pros of stare decisis include the fact that cases are decided the same for all on specific matters.  The decisions are straight forward with absolutely no exceptions.  The Cons of stare decisis relate to changing times and the evolution of society.  There may be slight differences between a cited case law and a current case being tried.  This may open the door for more cases being brought for appeal.

a)  Before jury service was implemented, a defendants guilt or innocence was determined by barbaric tests.  One test involved binding the defendant and throwing him or her into a lake or river.  If the defendant swam, then he or she was guilty.  If he or she drowned, then they were presumed to be innocent.  This was called the test of cold water.  Another test involved using either a glowing hot iron or hot rocks.  The defendant was forced to hold the hot objects in their hands.  The hands were then bandaged and re-examined in three days.  If infection was present, then the defendant was determined to be guilty.  Modern day complaints about jury service are more focused on loss of time from work, poor or low pay for service, and boredom.

b)  The court normally informs a citizen of jury duty through first class or certified mail.  Potential jury members are given notice at least thirty days in advance and in some states, the advance notice is more than thirty days ahead.  The notice includes the date, time, and place to report for jury duty.  Failure to show up for jury duty can result in a show cause or arrest warrant being issued for failure to appear.

Other fines extenuating from not showing up for jury duty include but are not limited to fines and possible jail sentences.

a)  The role of Prosecutor in the court system is very involved.  The most challenging part of the Prosecutors role lies in proving a case.  A Prosecutor relies heavily on information provided in police reports, conversations with members of law enforcement, and in discussions with witnesses.  The Prosecutor is responsible for representing the state in matters that are in direct violation of state statues and codes.  On a personal level, the prosecutor may experience extreme mental stress as a result of the challenges proposed by the appointed position.

b)  The role of a defense attorney is the most challenging within the court system.  The defense attorney must meet with the defendant, interview potential witnesses, and orchestrate a line of defense that manages to stay one step ahead of the prosecution.  Trials may be short or long and drawn out, but the defense attorney must remain consistent.  The defendant may not be very cooperative with regard to answering questions or attempting to aid in their own defense, which in turn leaves everything on the defense attorneys shoulders.  Finally, the most challenging role as a defense attorney deals with representing a client who is most likely guilty, but has pled innocent.

a)  A judge receives training through his or her legal experiences in the legal system.  Most judges are attorneys that have attended accredited law schools.  Their knowledge of the law and how to interpret the law is vast.  Judges must remain impartial and only rule as the law sustains.  A judge must maintain a high level of respect not only within the court system but within the community as well.

b)  The most challenging role for a judge has to be in staying awake.  Judge Ito was viewed, during the O.J. Simpson trial, asleep at the bench.  Long trials test the human side of all involved, including judges.  A judge may not agree with a jurys verdict in some cases, whereby the judge may exercise the right to vacate the verdict and assert his own ruling in the case.  A judge in some cases is responsible for handing down a sentence for a defendant who has already been convicted of a crime.  This may prove difficult for a judge if the defendant is a repeat offender.  Tougher sentences do not always work.

a)  Bail is a monetary pledge made to the court guaranteeing an individuals future appearance in court on a specific date and time.  The concept of bail provides a tangible promise of participation in the legal process as it pertains to an alleged criminal act.  Bail is based on ones past criminal behaviors and history, criminal charges pending, and level of flight risk.  A magistrate or judge makes the determination if bail should be extended to the alleged criminal pending trial or not.

b)  The best way to handle bail in a situation involving a suspect who is a possible flight risk or shows potential to re-offend is to deny bail.  Bail is extended to a defendant at the discretion of the court or court appointed representative.  Higher bail is sometimes issued to individuals who are flight risks.  A judge should not be held liable for the conduct of a suspect who was released on bail because a judge has no real way of knowing what or how a suspect will behave.  Judges and court officers are not psychic.  When a person agrees to bail, the person swears, or promises, the court to keep the peace pending the upcoming trial.

a)  There are many pros and cons that come with plea bargaining.  On the pro side, plea bargaining saves the courts much wasted time.  It also saves the taxpayers a great deal of money.  Court dockets are not as tied up and weighed down.  Also, a defendant may be able to get a reduced or lesser sentence by agreeing to a plea bargain.  On the down side of plea bargaining, some people who end up going to jail are truly innocent, but they pled guilty out of fear.  Intimidation is a big reason as to why some people accept a plea agreement.  Some defendants feel pressured into taking the plea bargain, whether it be pressure from the prosecution, family, or their own defense attorney.

b)  The decision making process of the jury is motivated by many factors.  Some defense attorneys instruct their clients as to which jurors to try to make eye contact with.  This is sometimes a means used to relay to the juror that the defendant is a human being.  Prosecutors and defense attorneys both use opening and closing arguments as a way to sway the jury to see the case from their perspectives.  Some statements made in court are ordered to be stricken from the record, and the jury is instructed to disregard the statements.  However, once something is heard, it will be retained in ones subconscious and play a significant role in the decision making.

a)  Impartiality with regard to treatment in criminal sentencing does exist in Americas court system.  Unfortunately, race is the unspoken motivating factor.  With regard to ones criminal history, it is more likely that an African American will have a longer criminal history than a Caucasian individual.  This is a prime example of impartial treatment in sentencing.  As a result, the nations prisons are overcrowded.  The overcrowding is putting more dangerous criminals back out onto the streets without having completed even  of their court ordered sentence.  America is becoming a threat to itself.

b)  The philosophy of Deterrence makes the most sense when reviewing the five philosophies on punishment.  Deterrence is constructed to prevent crime.  More education needs to be implemented within communities as a means to lower and drive down the crime rates.  Neighborhood watch programs should be eagerly pursued by individuals within communities and towns as a way to look out for one another, and to show potential criminals that their behavior will not be tolerated.  Most importantly, public school systems should encourage school board members to approve and pass a curriculum that teaches children about crime and its consequences.  This should be started in kindergarten if not sooner.

a)  A case pending appeal takes more time and effort than imagined.  A writ of certiorari demands that the lower court provide the higher court a particular case for review.  A writ of habeas corpus is ones last opportunity for appeal.  An individual has the right to appeal if any one of the three items exists.  If a mistake was made, then one can appeal.  If a mistake was made that negatively affected a defendants trial, then he or she can appeal (Mason  Stephenson, 2005).  Finally, if an objection was presented by counsel and was overruled, then this serves as a potential basis for a defendant to appeal.

b)  Some juveniles should be tried as adults in an adult court of law.  Some juveniles have a very long criminal history.  With that in mind, the juvenile court must determine if the juveniles criminal history coupled with the nature and severity of the crime committed would be better tried in an adult court.  A juvenile court can certify a case to a higher court.  Some juveniles are repeat offenders who are proving to be nothing more than a drain on society.  Some juveniles are unresponsive to their parent or parents, grandparents, school officials, and probation officer, but a juvenile should be made to adhere to a court of law.

Juvenile vs. Criminal Justice

The juvenile justice system is clearly a different system from the common criminal justice system. Trials for adult criminals take place either in the district or circuit court. On the other hand, the trials for juveniles take place in juvenile courts. The procedures for those under the age of eighteen are not recognized as criminals. In this case, those who represent the offenders are appointed by the court and argue the case in a way that is for the best interest of the child. In cases where children have to be arrested, they are arrested as adult suspects. The reason why these differences are there is because the legal system recognizes the fact that children cannot be handled in the same way as adults.

Just as the court systems for the two are different so are the trials.  Adult perpetrators are tried based on the facts concerning their crimes. On the other hand, juveniles are tried based on psychological and legal factors. In most cases, adult offenders have the right to a jury and attorneys, but most of the states do not provide juveniles with this kind of privilege. This is because juvenile perpetrators are considered very young and incapable of making informed decisions. Their reasons for committing crimes are also very different from those of the adults who are considered to discern between what is right or wrong.

Just as the trial procedure differs, the language used among the two systems is different. In the courts where an adult perpetrator is tried, the verdict is usually either guilty or not guilty, while the verdict for a child offender is either adjudicated delinquent or not delinquent. In most cases, where an adult offender is found guilty, heshe is sentenced to a particular period of time in prison. On the other hand, a child perpetrator who is found delinquent is committed to a specific place set aside for rehabilitation. This is either a training school or reformatory.  

The determination of rehabilitation of a juvenile offender is determined by nature and extent of the crime as well as his criminal history. In situations where the crime is serious or the background search reveals a far-reaching criminal history, the child may be confined for his personal safety and that of the society. However, they are not incarcerated together with the adult criminals except where there is a sight-and-sound- division. The reason why a child is treated or rehabilitated is the belief that it is easier to correct a child and change hisher ways compared to adults. The rehabilitation is part of proper parenting for juvenile offenders. This is based on the belief that upbringing plays a major part in moral values in the children.  

One of the primary objectives of juvenile courts is to provide treatments and rehabilitation for children perpetrators. Children offenders are provided with services of other bodies like social service workers and schools. On the other hand, the justice system for adult offender does not emphasize a lot on rehabilitation. As a fact, it is more of punishment than rehabilitation. Adult perpetrators are punished when found guilty because the system has established that they have committed a crime knowingly and thus needs to pay their debt to the society. This is also done in the hope that they do not commit another crime. Children require understanding and direction and not punishment.

Court cases for juveniles are handled with so much discretion. On the other hand, the court cases for adults are not as discrete. This is done to protect the children. The juvenile system emphasizes not on what crime the child has committed, but the needs of that child. This is because it is generally believed that there is a psychological reason for a child to comment a crime.

According to the Fourth Amendment

In executing a warrant for a search of premises and of named
persons on the premises, police officers may not automatically
search someone else found on the premises. 162 If they can articulate
some reasonable basis for fearing for their safety they may
conduct a patdown of the person, but in order to search they
must have probable cause particularized with respect to that person.

However, in Michigan v. Summers, 163 the Court held that officers
arriving to execute a warrant for the search of a house could
detain, without being required to articulate any reasonable basis
and necessarily therefore without probable cause, the owner or occupant
of the house, whom they encountered on the front porch
leaving the premises. Applying its intrusiveness test, 164 the Court
determined that such a detention, which was substantially less intrusive
than an arrest, was justified because of the law enforcement
interests in minimizing the risk of harm to officers, facilitating
entry and conduct of the search, and preventing flight in the
event incriminating evidence is found. 165 Also, under some circumstances
officers may search premises on the mistaken but reasonable
belief that the premises are described in an otherwise valid
warrant. 166

Although for purposes of execution, as for many other matters,
there is little diffence between search warrants and arrest warrants,
one notable difference is that the possession of a valid arrest
warrant cannot authorize authorities to enter the home of a third
party looking for the person named in the warrant in order to do
that, they need a search warrant signifying that a magistrate has
determined that there is probable cause to believe the person
named is on the premises.

Search warrants are covered under the Search and Seizures of the 4th Amendment, so it is the same in every state. An error in good faith does not invalidate a warrant. As long as they believed they were at the right house, the evidence can be used against the person.