Durkheim and Crime as a Social Fact Food Disparagement and Hate Crimes

The notion that crime derives from social sources rather than from an individual source is, in my view, an entirely rational and legitimate argument.  One need only take a look at the proliferation of crimes in Americas state penal codes and the continuous criminalization of essentially harmless acts in order to see that criminal offenses are social constructions designed to condition or otherwise constrain individual behavior. 
Recently, for example, new crimes have been written, implemented, and enforced in order to criminalize food disparagement in Colorado.  It is certainly true, even if the American people remain generally ignorant, that you had better not say anything at all, or else the produce industry will sue you for every penny youre worth. If this sounds like a joke, you must not come from any of the 11 states that have passed food disparagement laws, which make it a crime to criticize agricultural products without a sound scientific basis. HYPERLINK httpwww.questia.comPM.qstaod5000351861(Dauber, 1995, p. 20)  If ever there was a set of laws that confirmed crime as deriving from social sources it must certainly be this corporate funded set of laws purchased from Congress.  I cannot imagine how criticizing corporate beef or chicken producers can ever be defined as a criminal offense unless one first assumes as Durkheim did that crime is a social fact.  One need only trace the source of the crime, any crime, in order to see that the source is inevitably of a social origin.  Murder comes from social traditions and religious doctrines and texts.  Theft and adultery come from the same types of sources.  The criminalization of food disparagement is an even more egregious illustration of the social origins of crime.  A public watchdog, for instance, publicizes unhealthy corporate practices at a beef slaughterhouse the media then traces a recent breakout of the e coli virus to this beef slaughterhouse and corporate profits suffer.  So rather than cleaning up the corporate slaughterhouse operations, the corporation instead lobbies state and federal legislators in an effort to criminalize food disparagement and eleven states pass such laws. Americas political system is composed of social facts, one of those being that corporations purchase legislators and laws, and criminal offenses are included within these laws.  If food disparagement isnt a social fact, then I dont know what is.  This should not, however, be viewed as an exception. 
Another excellent example of a crime deriving from unique social forces is the hate crime what is traditionally an assault, for instance, magically becomes enhanced into a hate crime with more severe criminal sentences.  How, I wonder, does an assault become a hate crime  The answer is that certain ethnic groups have now lobbied legislators and purchased or otherwise blackmailed the states into passing new criminal definitions.  That these definitions have been created out of thin air is noted in the academic literature it has been stated, for example, that The terms hate crime and bias crime were coined in the United States during the 1980s, as journalists and policy advocates groped for new terminology to describe bigoted violence directed against Jews, blacks, and homosexuals.  HYPERLINK httpwww.questia.comPM.qstaod5001041372(Green Mcfalls  Smith, 2001, p. 479)  A crime became redefined based solely on the ethnic background or the sexual preference of the victim.  This completely validates Durkheims characterizations to the extant that a crime is defined simply as an assault for one type of victim and as a more severe hate crime for another type of victim.  The underlying act is the same and yet the crime varies depending on social interpretations and policy objectives.  In the final analysis, whether murder or food disparagement, all crimes are essentially social facts as articulated by Durkheim. 

Roles of correction officers in the U.S. prison

Correction officers refer to persons charged with the responsibility of supervising, and providing security to prisoners in a prison and other correctional facilities (Ethie, 2009). Basically, correction officers in the United States are responsible for the safety, custody, and control of persons who have been arrested, those in remand awaiting trial as well as individuals who have been convicted of a crime and sentenced by the courts to serve time in prison. They are also responsible for the safety and security of prison facilities.
    In the United States prisons, correction officers have various roles that ensure safety and accountability of the inmates as well as smooth running of the prison facilities.
    First, correction officers maintain security within the prisons. They ensure keep order as well as ensure that the prisons rules and regulations are observed by the inmates. They provide back up incase of violent inmates who brew fights, disturbances, assaults, or even make escape attempts (Alaska Department of Corrections, 2009). Inmates are searched to ensure that they do not have dangerous weapons that would be used against others. They also supervise the work assignments allocated to the inmates.
Secondly, correction officers are charged with the responsibility of observing prisoners behavior. It is the role of these officers to closely monitor, and stop any unwanted behaviors such as fights that may lead to violence in prisons. Any suspected medical conditions that may lead to violent behavior are reported to the medical departments for intervention.
    Thirdly, the U.S. prisons correction officers are charged with the responsibility of admitting and releasing prisoners (Ethie, 2007). They keep records of prisoners in prisons which include details such as fingerprints and photographs. This ensures efficiency in operation of the prisons.
    Fourth, they help in rehabilitating the prisoners (Alaska Department of Corrections, 2009). They help plan for various training or educational programs offered in prisons. These programs are aimed at helping inmates to easily fit into society when they are released. Additionally, this training equips prisoners with knowledge and skills that would help them get jobs and thus reduce criminal activities in society.     
    Fifth, prisons visits by inmates families and friends are supervised by the correctional officers. They make sure that nothing which is not allowed in the prisons is passed by the visitors. Visitors are thoroughly searched and closed observed to ensure that nothing gets out of hand.
    Correction officers provide security for transportation of prisoners to courts, to other correctional facility as well as to facilities such as hospitals for treatments (Ethie, 2007). They also supervise inmates doing community work such as cleaning. 
Finally, the Unites states correction officers provide first-responses and assistance to emergency cases such as inmates riots, accidents, fire breakouts, and medical emergencies among others. They ensure safety of the general public, and the prisons staff in the event of these emergencies.
All in all, prisons and other correctional facilities form one of the three parts of the criminal justice system in the U.S. Therefore, the basic roles of the U.S. correction officers are to provide security, maintain order and ensure that rules and regulation are followed in the prisons. They play a key role in ensuring that the inmates released from prisons are fully rehabilitated and set to adapt themselves to society.

Correctional Issues and Implications

The testing and the prevention methods used in correctional settings have generated a substantial amount of debate and controversy in recent years.  A review of the available academic literature clearly illustrates the breadth of the debate and the interdisciplinary nature of the controversies.  The controversies are complicated by the fact that a number of different issues are raised.  There are, for instance, a variety of public health issues, legal and constitutional issues, and core correctional considerations implicated when HIV testing and prevention programs are proposed and implemented.  Resolving one type of issue, such as the constitutionality of segregating prisoners with HIV to take one of many examples, does not necessarily resolve other issues.  There are conflicts, to be sure, when public health paradigms and perspectives conflict with minimum constitutional guarantees additionally, there are times when fundamental correctional concerns conflict with perceived public health imperatives and legal constraints.  All of these concerns and conflicts fuel the controversies underlying HIV testing and prevention programs in correctional settings and exacerbate the stress levels that are involved when attempting to harmonizing sometimes conflicting priorities as articulated by members of the public health, legal, and corrections communities.  Such a harmonization of disparate public policy concerns, however, is absolutely necessary given the fact that HIV is such a pervasive and persistent concern in correctional settings.  It is generally well-established in the literature, for example, that Notwithstanding the prevalence of the virus in our nations communities, statistics show that more than one-fourth of all individuals with HIV in the U.S. pass through correctional systems each year. HYPERLINK httpwww.questiaschool.comPM.qstaod5027732123(Brown, 2008, p.18)   This highly disproportionate concentration of individuals afflicted with HIV in a single institutional setting therefore provides both opportunities and risks.  The opportunities concern treatment and preventing the further spread of the disease.  The risks, on the other hand, are that inadequate testing and prevention programs will result in the disease spreading more rapidly in the correctional setting and then being spread to outside communities after the inmates are released.  Ironically, it is within the correctional setting that the devastating spread of HIV can be most effectively addressed.  This paper will discuss the different issues of which correctional employees should be aware and how to approach issues related to HIV in a manner that both satisfies important public health concerns while simultaneously respecting and upholding minimum constitutional guarantees and legal standards.
Literature Review  Scope, Legal Concerns, and Evidence-Based Practices
Scope of the Problem  Statistical Framework
As an initial matter, correctional employees must recognize the pervasive nature of HIV-related issues as it relates to correctional settings and the performance of correctional duties.  It has already been noted that more than 25 of all of the HIV positive individuals in the United States pass through local and federal correctional facilities each and every year.  There is, perhaps, no comparable institutional setting which is so exposed to HIV positive individuals with the sole exception of hospitals.  This huge concentration of HIV positive individuals in correctional settings has been attributed to the coalescence of high numbers of intravenous drug users and persons who engage in homosexual intercourse. The problem of AIDS in the prison population is being dealt with by officials through mass screening, segregation, and training.  HYPERLINK httpwww.questiaschool.comPM.qstaod5000223816(Greenlaw  Kohl, 1993, p. 447)   It has been further noted that Of the 1.5 million confined in state and federal prisons at year-end 2005, nearly 1.4 percent (20,000) were known to be HIV-infected, a prevalence rate 97.6 times higher than for people who are not incarcerated.  HYPERLINK httpwww.questiaschool.comPM.qstaod5027732123(Brown, 2008, p. 20)   There are two immediate dangers associated with these statistical realities.  First, correctional institutions are prime breeding grounds for the rapid proliferation of HIV.  If the rapid spread of this disease is to be minimized or stopped then specific policies and programs must be put into place and incorporated in the larger correctional mission and philosophy.  Second, the empirical data further reveals that Given that 95 percent of prisoners eventually return to society, correctional systems cannot ignore that their responsibilities expand beyond public safety and now include the protection of public health HYPERLINK httpwww.questiaschool.comPM.qstaod5027732123(Brown, 2008, p. 21)   It is not enough to assume that because these prisoners are isolated in correctional facilities that they pose no risk to society more generally quite the contrary, because the overwhelming majority of these individuals will be released, the HIV testing and prevention issues make this a much broader public health issue.  How the correctional community approaches and resolves these issues, in short, affects the entire country.
Legal and Constitutional Concerns  Traditional Hands-Off Approach
    One of the more difficult constraints, in terms of devising and implementing effective testing and prevention programs, derives from the simple fact that Americans in the correctional setting do not lose all of their legal and constitutional rights.  Correctional employees should therefore be aware of legal guidelines and constraints in order to ensure that HIV testing and prevention programs are consistent with established legal precedent.  As a general rule, however, the legal literature suggests quite strongly that The courts have traditionally been hesitant to interfere in the administration of correctional systems, and have adopted what is referred to as a hands off doctrine. HYPERLINK httpwww.questiaschool.comPM.qstaod5000223816(Greenlaw  Kohl, 1993, p. 448)  In an Oklahoma case, for example, an inmate argued that his First Amendment and Fourteenth Amendment rights under the American constitution were violated because of a correctional institutions decision to segregate him from other prisoners after he tested positive for HIV.   The plaintiff, hereinafter Powell, admitted to correctional employees that he was homosexual and that he feared that he had been exposed to HIV.  He was thereafter tested, with HIV positive results, and segregated from the general prisons population.  He argued that this segregation violated his constitutional rights because he could not worship his religion with the general population and because the segregation decision was made solely because he was homosexual (Powell v. Department of Corrections, State of Oklahoma, 1986, pp. 969-970).  The federal court rejected his claims this rejection was premised on the notion that the government had a substantial interest in preventing the spread of HIV in correctional settings and that the segregation was the result of the HIV positive test and not Powels sexual preference.  In another federal case, this one originating in a Maryland correctional setting, the court was asked to determine whether mandatory HIV testing violated the Fourth Amendments prohibition against unreasonable searches and seizures.  This case was distinguishable from Powel because in the Oklahoma case the inmate volunteered for the HIV test whereas in the instant Maryland case the inmate challenged the constitutionality of mandatory HIV testing when inmates refused to submit to the tests.   The court determined, after considering the scope of the HIV problem in correctional facilities and the public health concerns of the state of Maryland that forced bodily testing did not violate the Fourth Amendment under the circumstances because of the states immediate interest in protecting the safety of the other inmates...from spread of the disease. (Harris v. Thigpen, 1990, p. 1574)  What therefore emerges from a careful review of the legal literature is a broad type of judicial deference in which the courts are willing to permit testing, segregation, and other prevention programs in order to promote public health rights and concerns more generally.
Evidence-Based Practices  Lack of Empirical Data and Some Early Results
Recognizing that HIV positive individuals pass through correctional settings and facilities in disproportionate numbers, and that the courts have vested correctional officials with broad types of discretion in terms of testing and prevention, the question then becomes what types of policies and practices are most effective.  Mere testing and segregation programs are unlikely to provide any substantial benefits indeed, it has been repeatedly noted in the literature that There are few HIVSTD interventions that have been designed specifically to fit correctional settings and few that have been subject to efficacy studies, much less replicated and rigorously evaluated in these settings. HYPERLINK httpwww.questiaschool.comPM.qstaod5027732261(Potter, 2008, p. 94)  This lack of reliable empirical data, in correctional settings, is hardly surprising.  First, HIV and AIDS are relatively new diseases and policy makers and correctional officials must devise policies and programs based on incomplete or imperfect types of information.  Second, even though the aforementioned statistics demonstrate the concentration of HIV positive individuals in correctional facilities, most of the research has focused on other settings.  Correctional administrators and employees have therefore had to rely on mandatory testing, segregation, and subsequent prevention programs.  Some of the literature addresses what has been termed as educational interventions after the testing and the segregation have been effected one study, summarizing the available research data, has noted that
There is a difference between basic HIVSTDHepatitisTB education and prevention interventions. Whether basic education intervention by itself produces significant changes in behavior inside facilities and in the free world remains an open question. However, intervention programs focused on reducing disease transmission inside a facility or back in the community may be a different matter, especially if they involve investments of facility resources such as personnel, space and time.  HYPERLINK httpwww.questiaschool.comPM.qstaod5027732261(Potter, 2008, pp. 95-96)
    What the public health literature suggests is that much more research needs to be conducted specifically in correctional settings and facilities.  Empirical data, establishing real causal relationships, is needed to inform policy makers and correctional administrators so that HIV positive individuals can be better understood and so that the spread of the disease can be minimized or eliminated.

Conclusions and Implications for Correctional Employees
    In the final analysis, there are several lessons to be drawn from the academic literature by correctional employees.  These are interdisciplary lessons and are all designed to address what is first and foremost a public health issue.  The first lesson is that core correctional functions and legal protections must accommodate the greater public health concern.  More specifically, because of the tremendous concentration of HIV positive individuals in correctional facilities, correctional employees must view HIV testing, segregation, and preventative programs as a public health issue both in the correctional setting and for society more generally.  The second lesson is that correctional employees can in fact contribute in meaningful ways to the prevention of the HIV epidemic in America.  Because correctional employees are on the front line, so to speak, they can gain first-hand knowledge about what types of programs seem to work and what types of programs dont seem to work.  These are the types of personal observations and experiences that can then be shared with public health researchers and policy makers in order to help create truly evidence-based prevention models and programs.  Finally, correctional employees should be aware of the fact that society and the courts will be supportive in these efforts to address HIV in the correctional context.  The courts have generally adhered to a hands-off approach vesting correctional administrators with a great degree of discretion.  Correctional employees should view these grants of discretion wisely and attempt to assist in stemming the spread of the disease.  The main advantages are that the correctional employee is vested with more discretion and can contribute to solving a major public health concern.  The main disadvantages are that correctional employees have typically not been trained for such duties and the correctional facilities have not been allocated adequate resources to perform such an important public health function.  These disadvantages should be identified and remedied so that correctional facilities and correctional employees can better assist in the war against HIV.
The policing activities in Canada are rapidly changing and the understanding and execution of the systems of justice are undergoing major transformations. Many private police organizations are up coming to provide security to individuals, companies and some government departments (Clifford, Shearing  Stenning, p 5).
Although this is a new phenomenon, it can be traced back in the history. This has originated from the competition that the public sector is facing from the private industry in terms of service delivery and quality of products provided by the private sector. In Canada, people are in great need of private policing in order to combat crime and to protect their wealth and lives. There is an increase in the demand of private police services, especially among the gated communities, which is reflected by the rapid development in private policing. Individuals and organizations are turning to private means of protecting their wealth and preventing criminal activities due to panic and worry about violence and robbery. The role of policing in the Canadian society is changing as a result of the emerging private policing (Newburn, p 834).
The private police protect private as well as business bodies whilst the public policing deals with matters affecting the general public and they put into effect the policies of the government. There is small difference between the private and public police. Private police are governed by the laws which regulate the common citizens although the public police place themselves above the law (Reynolds, para 5).
A clear definition and restriction of authority concerning the private police need to be put in place as individuals, corporations and government departments continue to accept services from private police. Currently, it is not possible to predict the future of non-state policing in Canada. Due to the fast development of private policing, regulations and standards should be put in place in order to maintain responsibility to the society. Private police should be accountable to the society as well as to their employer (Cukier, Quigley and Susla, p 240).
Research question
How has ethical and legal issues associated with private policing amongst the gated communities in Canada have affected the policing activities
Thesis statement
The essay looks into a deep study of the private policing in the gated communities in Canada. A brief review of the available literature on the subject has been discussed.  A clear distinction between private and public policing has been reviewed and a brief history of private policing has been explained to establish its background.
Literature review
Private policing refers to security contracted by persons or companies to keep safe and guard property and employees. Shearing and Screnning (p 23), define private policing as the commercial activity done by corporations to prevent, manage and control criminal activities. The definition also includes those individuals hired to perform security duties by a security firm. The state and non-state police agencies operate similarly to some extent and there is a small cut line between the two. The non-state police can be described to stop criminal activities while the state police respond to the crime (Reynolds, para 9).
Private police deliver services once set aside for the public police and the duties of policing are continuously being divided between public and non-state security providers especially among the gated communities (Shearing, p 67). There has been an increase in the criminal activities and this has caused the high demand for private policing since people are in search of extra safety than the state police can give (Wilson, Keogh, and Lincoln, p 291). There are many other factors causing the change in policing activities apart from the increase in criminal activities, for instance, financial, social and political aspects.
The public policing is becoming weak in dealing with crimes related to technological changes and this has caused the need for private policing among the gated communities. Changes in the economy such as the increase in the number of working women and the increasing rates of joblessness are creating new sources of crime (Stenning, p 160).  The environment to conduct criminal activities is increasing as the youths have excess freedom and inadequate incomes while parents leave the houses throughout the daytime for job, leaving the youths with a lot of freedom.
The emerging trend of privatizing state owned organizations has called for the need to hire private security that will cater for the corporate needs of the businesses. Technological advancement in the computer and communication sectors has enabled the police to detect crimes and this has called for the introduction of new policing techniques (Stenning, p 161).
Private policing has become a tool for the wealthy while the public policing an instrument for the underprivileged. This is because the less privileged cannot afford to pay for the services offered by the private police. This has led to unequal access of security by citizens across all the financial levels and the forces of supply and demand have taken control in the access to policing services (Stenning, p 162). Private police do not implement the laws of the state and they dont share the similar influence and authority as the public police (Robertson, para 6).
The private police should be trained according to the standards put by the law in order to perform their duties in a professional manner with a proper understanding of the needs of people they are serving. For example, the gated communities require special policing to deal with the problems they face in their daily activities. Training of private police is essential to ensure they use the power vested upon them properly and that they are prepared adequately enough to deal with any type of crime (Robertson, para 9). They ought to detect the signs of potential criminal activities in order to control the occurrence of any crime. Private policing can become risky if proper training is not provided to the security personnel.
In the recent past, the training of security personnel involved short courses. These short courses became irrelevant since the personnel never acquired the professional skills required to handle criminal activities. This led to great criticism due to improper use of authority in the unprofessional handling of security matters (Angus Reid Group Inc. p 21). After realizing the major problems facing the private police system, the Canadian government introduced laws to deal with the training issues of the security personnel. The main cause of the problems facing the police staff was lack of adequate training, poor managerial skills and lack of responsibility among the staff. Security matters now require more intellectual skills in order to combat specific types of crimes which originate from all professions (Angus Reid Group Inc, p. 22).
Several amendments should be made to ensure proper handling of criminal activities. Such changes include licensing all private police through testing criminal reports of the personnel. The license should be given to individuals who have undergone complete training. All private policing companies should obtain licenses and the Registrar should be given authority to delay or terminate licenses (Shearing and Screnning, p. 68).
The evolution of private policing among the gated communities in Canada can be traced back to the mid 1980s. As the evolution of private policing continued, there was an increase in the number of employees being absorbed as well as an increase in the activities of the non-state policing. In order to promote professionalism and improve the standards of the private policing sector, the stakeholders are initiating talks with the Ministry of Public Safety to attract support by the state. More people and businesses have resorted to use private police to secure their wealth and lives due to the great concern about robbery and violence in Canada. Private policing tends to focus on protecting the interest of personal and corporate organizations more than the public policing. The Canadian government hires private police to offer support in areas that are difficult for normal public police forces (Newburn, p. 834).
In the United States, private policing emerged from public policing. The growth of private policing companies was as a result of the high demand compared to the public policing and because they could be influenced more easily. Rich businessmen leased armed security men to guard their personal assets and this led to the growth of many private police firms. To date, private policing hires more employees than the public policing and the hiring of security men is anticipated to develop at a higher rate than the average growth of  other firms (Robertson, para 11).
Non-state police deal with private criminal activities and they work within the realm of protecting corporations as well as individual interests. Criminal activities can be explained as those activities which obstruct the achievement of the goals of the company, for example, profit making, wealth protection and improving the public icon. The private policing deals with such crimes which affect the corporations as well as individual businesses (Stenning, p 149),
There are many instances where the private police need to cooperate with the public police in the effort to combat some types of crimes. Despite the accelerating demand of private policing, there are limitations placed upon their operations by laws of the Canadian government. There are circumstances where there is requirement to call upon the public police and this indicates that private policing cannot operate autonomously (Angus Reid Group Inc. p 15),
Development of the private policing
To achieve effective policing strategies, we must adopt the most effective system that collaborates with all stakeholders in the society. People should remove the notion that the best policing rests under the control of public policing (Robertson, para 12). To control, minimize and even eliminate crime must involve the contribution of expertise and knowledge from all partners in the policing sector. The strategy to advocate for private policing does not imply that the role of public will be forgotten. This is a system to ensure that the experience and expertise in the policing department is shared among the government, organizations and the community.
    The main aim of developing private policing in Canada was to develop collaboration in preventing crime and to share knowledge and skills in crime prevention (Robertson, para 13).  However, irrespective of this rapid expansion, the private policing department is still not sure about its direction, capability and governmental restrictions to provide services for the betterment of policing at large. In Canada, the private security sector has contributed a lot to the development of private policing (Robertson, para 14). Over the past two decades, the private policing have grown tremendously in size and it currently supersedes the public policing by two to three times.
The policing strategies in Canada have changed from the customary methods of reporting and scrutinizing crime. The approach being used in preventing crime is that of looking into the circumstances that support crime and launching methods of stopping the crime with or without the public police (Reynolds, para 12). Crime within the gated communities has advanced to a level where new approaches to crime are required in order to detect the crimes.
The private police perform its duties of managing or preventing crime either in collaboration or isolation from the public police. The private policing hires its own workers who may or may not have the capacity to perform policing duties beyond certain limits in the industry. Many organizations in Canada are hiring private police to avoid exposure and are progressively escaping from the public policing to manage, control or stop crime.
Government units are hiring private police to deal with crimes which traditionally were being handled by the public police. Government departments are hiring out private police to investigate first before using the public policing (Reynolds, para 13).
The gated community is collaborating with the private police to assist the public police in preventing crime. People are continuously getting involved in policing activities in order to reinforce the public police department in its efforts to provide security and protection of property. Recently, gated communities are setting up groups to prevent crimes and to work hand in hand with the state police in order to strengthen security (Peretz D.,  Doron G., p. 3).
In the earlier period, there was strong opposition in Canada to individuals who volunteered to offer policing services. The opposition was due to the argument that policing should be limited to those individuals who had received training and had been given mandate by the state to act as police. Nevertheless, the bottlenecks are gradually being removed and the private police together with the public are willing to partner with public police in crime prevention.
Private policing is rapidly growing in Canada in response to the increasing fear of crime and the great concern of protecting wealth and the need of private safety. Canadians no longer perceive policing as the liability of the state and they have started to advocate for private policing. The gated community has started to take initiatives in promoting security and launching their own police forces. The policing department has shifted to private firms and the gated community has acknowledged an increase in the number of private firms in policing.
 The government has also changed its attitude towards policing activities and it is hiring private firms to provide security services in some state departments. The private sector is providing quality services and is more cost efficient in providing its services. This has attracted great demand for private policing by individuals and state owned departments.
However, the activities of private policing must be well controlled to ensure that they are accountable and are professional in their activities. The private sector cannot be operated without some degree of control from the state in order to ensure that the laws are adhered to. Therefore, the private policing cannot entirely dominate the policing sector due to great concern of the government and the society in its efforts to protect the rich and the poor in the society.
The Canadian laws provide authority to organizations to train their personnel and also give a license to these companies. These laws are being amended due to the changing security patterns. The laws should be amended to accommodate all the changes taking place in the police sector. New responsibilities and regulations are required to be established in order to cater for the rapidly changing issues concerning the policing activities.
Adequate training is required to equip the police personnel with skills required to work in a professional manner. The training must keep the standards stipulated by the laws of the Canadian government. All private police personnel should acquire licenses as well as the security firms in order to maintain professionalism.
Defendants can appeal their convictions either on legal grounds or on constitutional grounds. Provide three examples of legal grounds and four examples of constitutional grounds. Explain each of your examples. Remember to document your sources within-text citations in proper APA format (APA, 2001)
According to me legal grounds for appeal are those which arise out of reasons depending upon the trial. They could also arise from defect in the judgment. Legal grounds could be non acceptance of valid evidence, jury misconduct, are ineffective assistance of Counsel and so on. I will explain 3 legal grounds in detail further.
 However constitutional grounds are those that arise out of constitutional guarantee. If any of the constitutional guarantees are violated by the conviction than the defendant can appeal to a higher court on constitutional grounds. In the U.S.A every person has a right to appeal his conviction at least once.
It has been declared in Cohens v. Virginia that when the federal government bring an action against an individual it so far waives its exemption from suit that legal and equitable set-offs may be presented by the defendant, and when a state brings suit in a state court against an individual and gets judgment, an appeal in such action may be taken by the defendant to the Supreme court on constitutional points.
            The three legal grounds that I will be explaining are ineffective assistance of  Council, improperly admitted evidence and juror misconduct. Ineffective   assistance of counsel is due to incompetency of the defense lawyer.
            He can show incompetency due to various reasons like not showing up on the date of trial or not examining an important witness or even giving wrong information to the client and hence misleading him. It can also be due to not giving essential advice which is necessary to advise the client.
            Juror misconduct is an effective ground for appeal. This category will include    third party contacts media influence court officer influence intoxication juror misstatements of law discussions of parole prejudgment improper jury discussions racism and national origin discrimination jury agreements juror experimentation and investigation use of extra-record evidence use of religious source material separation of jurors alternate jurors in jury room sleeping jurors and incompetent jurors.
This ground was recently used in Smith v. Phillip (1962).
  The four constitutional grounds I will be explaining are relating to double jeopardy, jurisdiction, failure to follow due process of law and prohibition against self-incrimination.
The concept of double jeopardy finds its roots in the legal maxim nemo debet vis vexari which means that no man should be twice in peril for the same offence. Hence it is understood that a man cannot be convicted for the same crime with the same evidence twice. This according to me is a sound principle of natural justice. Hence a person cannot be convicted for murder and manslaughter but he can be tried for robbery and murder at the same time if he has committed both the crimes.  This ground was used in United States v. Ursery, (1996).
Another valid ground would be arguing that the lower court did not posses jurisdiction in the particular case and hence an appeal against conviction would lie. The impeachment of Senator Blount was challenged on the grounds of jurisdiction.

The due process of law must be followed in every case. If the principles of equity and natural justice are not complied with a person can appeal a conviction on this ground.
An example of this ground would be when a judge has any financial or personal interest in the subject matter of the case. According to me, ex-parte judgments would also be against the due process of life because it is natural justice that both parties to case be heard. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed                           
Every defense has a right to call upon witnesses for the trial. However no man can be asked to be a judge of his own cause. Hence if this rule of natural justice has been violated in the proceeding of any case the defendant may appeal on this particular ground

Smith v. Phillip 455 U.S 209 (1962).
United States v. Ursery,518 U.S 267 (1996).
Sergeant, Constitutional Law 376.

Identify eight demographic factors that affect a persons fear of crime. Explain how each of these factors affects ones fear of crime. Include proper in-text citations in APA format to support your answer. Use proper APA citations in your text to document your sources.
We all are to some level aware about the occurrence of crime in everyday life. It is but obvious for us to be threatened and afraid of being victimized by the law breakers. Somewhere in the back of the head, haunts a thought of being mobbed whilst walking in a dark lane alone at mid- night. Why people feel unsafe about their belongings in densely populated places. What do u think can be the reason for this Before explaining in detail the eight demographic reasons I believe most affect a persons fear of crime I would like to put light of some of the statistical data I came across during my research.
 In the 1993 General Social Survey, respondents were asked how safe they feel walking alone in their neighborhood at night. One in four Canadians 15 years of age or older answered that they did not feel safe. This figure represents four times as many women as men, and twice as many people aged 65 and over as those aged 15 to 24  (CCJS), March 1995. In 1997, Borooah and Carcach found that women in Britain were six times more likely than men to feel unsafe when walking alone at night.
A substantial proportion of the Canadian population can relate to having a fear of crime. The majority of Canadians report feeling very or somewhat safe when walking alone in their neighborhoods after dark, but there is a significant percentage of the population who do express some feelings that are the opposite to this. These expressions of insecurity come from a fear of crime and of being victimized. In the 1993 General Social Survey, respondents were asked how safe they feel walking alone in their neighborhood at night. One in four Canadians 15 years of age or older answered that they did not feel safe. This figure represents four times as many women as men, and twice as many people aged 65 and over as those aged 15 to 24 (CCJS), March 1995. In 1997, Borooah and Carcach found that women in Britain were six times more likely than men to feel unsafe when walking alone at night (p. 645).
Characteristics exist in people that prompt them to fear. In many cases, the level of fear does not correlate with the risk of victimization. Some of these attributes play a more substantial role than others in determining ones level of fear.
Gender is one the strongest factors that affect fear. It is indeed the women that feel more insecure than the men about being victimised by a crime. May be it is due to demeaning tags like being called the weaker sex that attributes to it. However, they are victimized less then men.
Womens fear comes mostly from their vulnerability to sexual aggression women are ten times more likely to be sexually assaulted than are men (Crowell  Burgess, 1996). This fear of sexual assault and rape transposes itself onto other types of crimes (Ferraro, 1996). Women do not simply become aware of this fear one day, nor are they born with it women are socialized into thinking that they are vulnerable to attack if they, for example, go out alone at night. Parents, peers and media emphasize and re-enforce this fear, and women are expected to succumb to it.
There are various other reasons that trigger fear amongst women. Most of them will concur with the various factors I will enumerate further.
Age is also a powerful predictor of fear. But, unlike gender, with age the fear varies from crime to crime. When it comes to age, it is customary to assume that the elderly are the most afraid, and for many crimes, this assumption holds true, such as in mugging cases and break and enters. When it comes to crimes like rape, sexual assault and stranger attacks, it has been found that younger people tend to be more fearful (Evans, 1995). Elderly people have a high fear level in relation to many crimes because they feel vulnerable. This vulnerability stems from the physical and social limitations that elderly people have which renders them unable to defend themselves or to seek support and help.
When it comes to fear of crime victimization, 18 of those aged 18 to 34, 21 of those 35 to 54, and 26 of those 55 and over express a great or fair amount of fear (Angus Reid, 1997). In examining the trends in criminal victimization, the rates of victimization for those over 65 are too small to be meaningful (CCJS, December 1994). Elderly people are not the specific targets of most crimes, but their level of fear exceeds their risk of victimization.
Past experience with crime
Certain crimes generate more fear for victims than others. Being a victim of a robbery, for example, generates a high level of fear because it contains elements that cause a greater amount of fear to be instilled in its victims. Robbery usually involves a stranger, weapons, physical assaults and the loss of a fair amount of money (Skogan  Klecka, 1997). Burglary, because of its invasion of privacy and substantial amount of loss, generates a high level of fear. The victims who express the most fear of walking alone in their neighbourhood after dark are victims of sexual assault, followed by victims of robbery, break and enter, assault, vandalism, motor vehicle theft, household theft and personal theft (CCJS, March 1995).
Fear of crime also varies according to where one lives. People who live in cities tend to hold higher levels of fear because cities and other urban areas tend to have higher crime rates than rural areas. In 1993, in relation to household victimizations alone, the rates were 222 per 1,000 urban households and 133 per 1,000 rural households (CCJS, 1996, p. 175). Furthermore, twice as many people (60 versus 30) in large cities as compared to small towns fear walking alone at night (Horton, 1988,)
Ethnicity and culture
Studies have found that fear levels vary according to ethnic background. While white respondents tend to show the least amount of fear, the question of who has the most fear has not been unanimously agreed upon. A 1994 British Crime Survey found that in relation to crimes of harassment, burglary, rape and mugging, the Asian group expressed the most fear. The Black group showed the next highest fear level in relation to these crimes, while the White group showed the least amount of fear. This survey also found that for the crime of theft from car, the Black group showed a slightly higher level of fear than the Asian group, and the White group once again had the lowest level of fear. In relation to simply feeling unsafe, the Asian group was the highest, and the White group had only a slightly higher level of fear than the Black group (Hough, 1995).
Mostly in third world countries which had been imperialised by foreign rulers somewhere in their past you will find people who have more fear of crime. They do not trust in foreigners as their past experience with them does not permit them to. If we take the example of India, I remember studying that India has been ruled by foreigners by more than 300 years and was robbed of all her wealth and money until it was left to a land full  of internal rivalry pulled down to poverty. I feel it is only natural that an Indian would feel insecure while trusting a foreigner with his financial matter. So in one has a past where his people have been exploited, he would have a similar fear in his mind.
Income level
People from low level incomes will naturally feel lesser fear of crimes like robbery, theft or fraud. As little there is to loose, the lesser there is to worry. On the other hand people from high income groups would fear these crimes more than the lower income groups. However I believe income levels would not make a difference if the crime dreaded was murder or manslaughter. Every mans life is precious to him and why shouldnt it be.
Low education level
I can personally say that there were a lot less crimes I had to worry about till I started studying law. With knowledge of crime comes fear of it. Needless to say, a person who hasnt read the daily newspaper will be less alert about a serial killer in the neighbourhood compared to the person who has no knowledge of it.

Canadian Centre for Justice Statistics (CCJS), March 1995, p. 1.
Angus Reid, 1997, p. 51.
Horton, 1988, p. 26.

Name the five main assumptions of the positivist school of thought. Explain each of these five assumptions. What are some of the problems of the positivist theories Remember to document your sources with in-text citations in proper APA format (APA, 2001).
Positivism rejects the concept of the individual and free will and instead embraces the idea of enduring evolutionary traits that define a basic criminal personality, and which can be assessed using scientific methods. (S. Qadri, 1965)

Positivists focused their theory on cause and effect relationships, they assumed human behavior is determined and not a matter of freewill.
Criminals are fundamentally different from non criminals.
Social scientist should be value neutral in their work. They should not treat the criminals as criminals but as people who are disturbed.
Crime is not affected by a single factor. There are various factors that affect a crime. And each of these factors must be studied.
Society is based on consensus and not on a social contract.(Introduction to Criminal Justice)

According to me the problems of the positivist theory are as follows.

The theory assumed individual physique as something fixed and not prone to changes. It did not take into consideration the morbid process affecting the human physique.
The data did not cover sufficient numbers and it could not be regarded as truly representative of the relevant groups.
The theory is generalized and does not take into consideration exceptions. For example, a positivist theory that suggests crime is caused by poverty over predicts because not all poor people commit crime.
The theory expects criminologist to be neutral valued. However in the real world such a thing is hard to achieve. You cannot expect a person working on a serial killer to not be disgusted at the brutality of the murderer. Ever person working in the field got to have an opinion about such things and you cannot separate their thinking from them
Positivists generally assume that humans only adapt or react-but humans also create. How else could we explain new social arrangements or ways of thinking A belief in determinism allows positivists to present an absolute situation uncomplicated by the ability to choose.

The Study of criminology by S. Qadri, page 36
Introduction to Criminal Justice

Define mere suspicion, reasonable suspicion, and probable cause. Explain when an officer is able to legally stop a suspect. Can a law enforcement officer make a lawful arrest based on reasonable suspicion Why or why not If not, what is required Explain. Use proper APA citations in your text to document your sources

The apprehension or imagination of the existence of something wrong based only on inclusive or slight evidence or possible even no evidence.

Reasonable suspicion
A particularized and objective basis supported by specific and articulate facts, for suspecting a person of criminal activity.

Probable cause
A reasonable ground to suspect a person has committed or is committing a crime or that a place contains specific items connected with a crime. Under the 4th  Amendment of the U.S Constitution, probable cause which amounts to more than a bare suspicion but less than evidence that would justify a conviction, must be shown before an arrest warrant or search warrant may be issued.

Probable suspicion
A particularized and objective basis not supported by specific and articulate facts but merely on the ground of doubt, for suspecting a person of criminal activity.

An officer is able to stop a suspect when he has a valid warrant or a probable cause that the person has committed a crime. An officer may be allowed to legally stop a suspect based on reasonable grounds .However, in case of making a legal arrest a valid warrant or probable cause is essential.
            Probable cause may not be established simply by showing that the officer who made the challenged arrest or search subjectively believed he had grounds for his action

Title Roles of the Special Weapons And Tactics (S.W.A.T) Police Department

 Roles of the Special Weapons And Tactics (S.W.A.T) Police Department
The Special Weapons And Tactics (S.W.A.T) team is one of the most elite teams in this citys police department. This arm of our law enforcement department is made up of five teams, and each team has a total of five members. In other words, there are twenty five officers who are equipped with the special tactics associated with this arm of the police department. Not only are these officers highly trained, but they are also equipped with some of the most sophisticated tools used to curb disorder in the society. 
This team has been trained to carry out some of the riskiest operations that are beyond the competence of regular police officers. One of the roles that they undertake is that of hostage rescue (OBrien, 2008). Criminals who take hostages are usually dangerous, given that they are barricaded within a structure. To rescue the hostages with minimal or no casualties to either the police officers or the civilians needs special tactics, and these are what S.W.A.T members are equipped with. Terrorists are a threat to the security of our country, a thing that the citys police department has taken seriously. The members of S.W.A.T team are therefore trained in counter-terrorism tactics (Medina, 2009).
There are some arrests that are regarded as high-risk, especially if the suspects are barricaded within a structure or are believed to be heavily armed. These arrests cannot be effectively conducted by the regular police officers. It is the members of S.W.A.T who conduct them, as they are trained to subdue dangerous criminals (OBrien, 2008). Nowadays, criminals-and especially those that operate within the urban areas-are heavily armed. This police department possesses the tactics used in accosting these criminals. Dignitaries are especially favored targets of these criminals. Assassins have been known to operate with sophisticated weaponry and techniques. A specially trained team is required to protect dignitaries against such criminals, and S.W.A.T team is such one arm of the law enforcement that is equipped with the tactics of carrying out this role. 
The major role of S.W.A.T team is to resolve high-risk security situations with minimal casualties (Medina, 2009). Loss of life, injuries to either the police or civilians and damage to property have to be kept to the minimum when resolving such situations. The S.W.A.T team has been trained and equipped with the tactics needed to carry this out.
Ethical principles are critical in every profession as they enhance effective behavioral conduct during the execution of duties. Indeed, every profession requires a distinct code of ethics to provide guidance to its professionals accordingly. Emergent studies indicate that the field of criminal profiling has been compounded by various ethical issues in the recent past. This can be attributed to its inter-disciplinary nature. In particular, criminal profiling borrows heavily from psychology, investigation and law enforcement. This multifaceted nature has undermined the application of a clear code of ethics by the profilers. Considering the fact that criminal profiling is increasingly being professionalized, it is imperative that a code of ethics is developed to provide the much needed guidance. It is against this background that this paper seeks to propose an ideal code of conduct that would reconcile various ethical concerns from constituent disciplines.
Criminal Profiling Code of Ethics
To begin with, Holmes and Holmes (2002) indicate that the profiles need to be competent. In this respect, they need to have adequate skills, knowledge and experience in the field of psychology, law enforcement and investigation. This is attained through training and education. Then, the profilers need to exercise the highest degree of confidentiality. In order to the process of profiling to yield optimal results, Robb (2002) asserts that the information that is not directly related to the subject under review needs to be kept confidential. Notably, this is also a prerequisite for effective collection of vital information from the public.
Further, the profiler should be able to initiate, establish and maintain viable relations with different persons during various interactions. Caution needs to be undertaken to avoid infringing upon the rights of the individuals. For instance, fees need to be negotiated before hand and an agreement arrived at before the criminal profiler commences his or her duties. In addition, clients need to be informed in advance about their legal rights and their permission sought before commencing any duty. The profilers also need to exercise a high level of objectivity during the execution of their duties (Hicks and Sales, 2006). The methods employed in collecting information need to be of acceptable standards and quality. Also, sufficient time needs to be accorded to investigation and profiles need to restrain from hearsay. In particular, the information employed in making assumptions need to be sourced from reliable sources (Turvey, 2001). Further, the process of analysis needs to be based on factual information that is free from external influences like personal beliefs, prejudices, friendships, political beliefs and others.
The criminal profilers also need to be honest in their undertakings in order to win the trust of the public and to enhance the credibility of their duties. In his review Robb (2002) shows that this can be exemplified through truthfulness, obedience of the authorities, high degree of objectivity and confidentiality. Honesty is important as it avoids incidences of favoritism and bias. Of great importance however is the ability of the profilers to be self restraint under provocation and maintain courage in times of danger. This is instrumental in enabling them to enhance objectivity during decision making.

Crime Scene Processing

One of the most important steps in the scientific investigation of a crime is proper handling of the crime scene. For investigations to proceed in the right direction, crime scene responses need to be appropriate. The initial responders have a very responsible job of securing the crime scene in such a way so as to accelerate investigations. Even while facing dangers and risks, they strive to protect the crime scene evidences, while simultaneously making observations and tending to victims, suspects or both. While executing their job they require to remain alert, take decisions like the need for search warrants or backups, put up with onlookers, be responsible for personal safety all in line with established protocols.

Crime scene Investigator

 The crime scene investigator (CSI) also referred to as evidence recovery specialist is considered a forensic specialist within the criminology fraternity. He or she is responsible for the organized and systematic processing of the crime scene. The position requires expertise in the domains of recognition, documentation and management of physical evidences at the scene (Byrd Mike, 2000). The roles and responsibilities of the CSI vary from department to department and also on the geographic locations. For instance areas having a large population and high crime rate would require crime scene response as a full time job, while in low populated areas with low crime rates, crime scene response is only a part of other responsibilities. 

Classification of crime scene

Due to the diversity associated with crimes, crime scenes are classified in several ways. They may be classified as primary crime scene and secondary crime scene depending on the sequence of locations alone, and not on any other criteria. Another classification is the macroscopic crime scene and the microscopic crime scene, where macroscopic crime scene includes several crime scenes like a victims body left in a field, but was killed inside the house. Here the field, the house and the victims body are all part of a macroscopic crime scene. On the other hand, the microscopic crime scenes are individual trace evidences, like gun or tire marks, fingerprints etc. Crime scenes can also be classified based on the type of crimes like homicides, sexual assault, armed robbery etc. These can also be classified based on the crime scene conditions like organized crime scene or disorganized crime scene. The organized crime scenes are planned and executed while the disorganized ones are unplanned and impulsive with the crime scene being in disarray. The physical location of the crime scene is also use to classify crime scenes as indoor, outdoors or vehicle. However, despite so many classifications, no single classification can alone be attributed to any particular crime scene. 

Crime scene processing

Crime scene processing is a difficult and a long process, and it is inappropriate to suggest a typical crime scene or a typical approach. The Locards Principle of Exchange relating to a crime scene emphasizes that each time a person enters an environment something is left or taken from the environment. Every contact provides a trace, which holds good not only for contacts between individuals, but also between individuals and environment (Forensic Science, 2008). Crime scene investigators assume the amount and type of evidences left behind to be appropriate to the nature and situation under which the crime was committed. Physical evidences are like silent witnesses having in them the sequences of the crime. However it requires the investigator to put these in order to understand it. With evidences, investigators can recreate crime scenes and can justify or confront statements of witnesses, victims or suspects.

Normally the first responders to a crime scene are police officers, emergency medical personnel or personnel from the fire department. The importance of these first responders lies in the fact that they are the ones who see the scene in its original condition. Their conduct at the crime scene forms the basis for the successful or unsuccessful investigation of the case. While they perform their responsibilities, they should remember to take appropriate steps not to tamper with the evidences. Proper processing of crime scene involves three basic stage namely scene recognition, scene documentation and evidence collection.

Securing a crime scene

It is important for the responding officers, particularly the initial responding officer to be cautious while entering or exiting the scene of crime. Securing the crime scene is intended at minimizing contamination of the physical evidence. The first responding officer should be alert to any person or vehicles exiting the crime scene. Primary observations need to be made by sensing odor and sound to ensure personal safety. The entire investigation rests on the ability of the first responding officer to identify the scene and secure it.

The first responding officer should control, identify and remove people at the crime scene, so as to reduce entry and movement of people in the crime scene. The suspects and witnesses need to be secured and separated. The victims and their family and friends require to be controlled too, but with compassion. Such control contributes to the maintaining of the integrity of the crime scene while also minimizing contamination. A path for walking should be plotted. Once the detectives arrive, the responders need to direct them to the probable evidences and through the plotted way to get over there.

The responding officer should ensure that that none chew tobacco, smoke, eat or drink. They should avoid the use of telephones and as far as possible bathroom too (USDJ, 1999). The thermostat should not be adjusted nor the doors or windows opened, so as to maintain the scene in the way it was found. The responding officer should also consider the need to obtain a search warrant. While making sure that only one door is used for entry and exit of the crime scene, the first responder should maintain a log of the personnel arriving and departing with time. The responder must ensure that he or she doesnt touch anything and if anything has been touched, it has to be intimated to the CSI. 

A restrictive perimeter is established by a rope or similar barrier to restrict access. The boundaries need to be defined for protecting and securing the crime scene. The outer perimeter should always be larger than the actual crime scene.  The boundaries of the crime scenes and the number of crime scenes depend on the type of crime committed and their locations. While the boundaries stretch beyond the actual crime scene, the understanding here is that the boundaries can be reduced if required but cannot be expanded when desired. The established boundaries should have a central point and extend outward encompassing the crime scenes, entry and exit paths of victims and suspects, and the places they could have moved around.

The initial responding officer should be alert and call for backup or assistance if felt necessary. While ensuring the safety of victims and witnesses in the area, the first responding officer should also ensure the scene pose reduced danger for the officers. Once the dangerous persons or situations are brought under control, the initial responding officer should look into the medical requirements of the injured persons, minimizing contamination. He or she needs to assess the victim for signs of life and in case the victim is in a motionless state, provide required medical help including calling medical personnel. The responding officer should guide the medical personnel to the victim ensuring minimal or no contamination of the crime scene. The medical personnel need to be alerted to the possible evidence so that they can minimize contact with it. For instance the medical personnel should try to preserve clothing without tampering knife tears, bullet holes. The movement of the medical personnel and items need to be documented. The medical personnel are not supposed to clean up the crime scene or move or alter items at the scene. In case the medical personnel arrive first at the scene, the contact details of the attending physician, the agency he belongs to, need to be noted together with the name of the hospital the victim is taken to.  When the victim is in too serious condition and dying, a declaration might be attempted from him or her.  

First responder personal safety

All law enforcement officers including the first responder should be aware of the dangers of the crime scene and the ways they can be protected. The crime scene dangers include biological and chemical agents, fires and contamination. Blood based pathogens pose a big threat at most of the crime scenes. Every exposed biological matter including tissues, organs, blood fluids like semen and vaginal fluids, brain substances have a grave threat of disease transmission. Hepatitis B, C and HIV virus can be transmitted by used syringes or by air, as some diseases may be communicable by air. Chemical agents in clandestine labs are very powerful and may even be capable of explosions (USDJ, 1999).  The biohazards associated with the crime scene can be classified into four levels with the first being of minimum risk and the fourth bearing a maximum risk. Level 1 includes bacterial agents like E-Coli, level 2 includes Hepatitis B, C  and HIV, level 3 includes anthrax and tuberculosis while level 4 includes bovine fever,  E Bola  and other hemorrhagic diseases.

The first responders are the ones put in to bear maximum risk. Apart from securing the scene and verifying the incident, they also have to locate and tend to the victim or suspect, appropriately. The protocol for first responders requires them to avoid contamination risks. They need to be very cautious while approaching the scene and ensuring its safety.
Their protective clothing is their only gadget for protecting them from all harms. Their protective requirements generally include gloves, facemasks, overalls, shoe cover and safety glasses. For a minimum at least gloves and shoe covers are required to be worn by them. For crime scenes associated with chemical or biological dangers, HAZMAT suits, oxygen supply and breathing apparatus may be additionally required (Zarka Heather, 2007).

Scene recognition

An organized and legal determination of the scene is carried out to locate evidences. Factors like the area to be searched, number of searches, terrains etc. are considered to develop a pattern for the crime scene search. An operational plan is developed by an initial walk across the scene. The CSI and the first responder would survey the scene together. If available, the detective or lead investigator would also participate. The use of photography to document the preliminary findings would be helpful. The initial examination or survey as it is called, done by the investigator should ensure

Preparation of a theory reconstructing the chain of events, which should be altered according to developing situations and emerging new evidences.
Identification of evidences that require immediate processing or protection and provide the same.
Evidences are not affected by weather conditions, and to take protections when anticipated.

Documentation of crime scene

After a preliminary survey, the condition of the crime scene needs to be documented. The need of documentation is to produce a permanent record of the crime scene condition and the physical evidences. Crime scene documentation is a time consuming process requiring the first responder or investigator to be focused and organized throughout. The four major aspects of documentation are note taking, videography, photography and sketching. Each of these processes adds its own value to the investigation process, and therefore none can replace the other. It must be mentioned here that the need for documentation doesnt end, although it can be slowed down at times. There are several ways in which a CSI surveys the scene to document findings.

Inner spiral search In inner spiral searches, the investigator begins to search from the outer perimeter and works towards the center in a spiral fashion. These searches are appropriate when there is only a single investigator.
Outer spiral search In the outer spiral search, the investigator begins at the center and works outside spirally.

Parallel search Parallel searches involve several members of the investigating team to walk in a straight line. They cover the entire crime scene from one end to the other.

Grid search A grid search involves two perpendicular searches, performed sequentially by the investigation team.

Zone search In a zone search, zones are allocated to each CSI. They then switch their zones to ensure perfect coverage.

The activities undertaken with observations need to be documented as early as possible, which would be maintained as a personal record.  The documentation should include the position of items and individuals and their appearance and condition within the crime scene. The arrival conditions like the state of lights and fans, whether the doors and windows were open or closed, any particular smell etc. need to be noted. Comments and statements from victims, suspects or witnesses need to be maintained. While also emphasizing the actions performed personally or by others, the initial responding officers should document clearly his or her observations, which is valuable during subsequent investigations. 

Crime scene videotaping

A routine documentation procedure of crime scene is videotaping, which is widely accepted due to its affordability and ability to render a 3D description of the scene. The increasing acceptability trend and expectations in justice processes have only raised the role of videography in crime scene investigations. Crime scene survey is followed by videography, generally for orientation. The videotape should not show personnel of the crime scene team or their associates and their equipment. There should also be no narration or audio back up. Although videotaping is an important tool facilitating a clear understanding of the crime scene, which cannot be offered by any other means, it cannot be used as a substitute for any other processes too. The video should have details of the crime scene like date, location, time etc., which can be exhibited by a printed show card or spoken by the operator. Before the crime scene is shot, its surroundings, the roads and entrances of the scene are taped. It is necessary to use the four compass points as a guide. Within the crime scene, the evidence in relation to the complete crime scene needs to be taped. Wide-angle shots and close-ups of evidence pieces need to be taken too. A logical transition is to be maintained while shifting from one evidence to another, and not jumping from between evidences. The victims viewpoint requires to be taped too. By moving to a location close to the victim, the four compass points views of the victim needs to be taped.

Photographing of crime scene

 The need of still photography in crime scene documenting is to provide a correct and authentic record of the state of physical evidences through photos. Investigators and others now have records on the physical objects associated with the evidences and the evidences themselves in their original relationship. They serve as a permanent record for legal requirements. Crime scene photography is generally carried out after videography or preliminary survey of the scene. The general equipment of a crime scene photographer includes a camera, with 35 millimeter being very common, a normal lens, a wide angle lens, flash, tripod, black and white and color films, labeling materials, extra batteries, scale and photo log sheets.

An organized way of recording evidences through photography involves progressing from a broad perspective to a more focused one. This principle holds good when covering the crime scene or covering individual evidences within the crime scene. There are generally three types of photographs associated with a crime scene. These are overviews, mid-views and close-ups. The overview photos are shot focusing the entire area, covering the maximum scene. For indoor crime scenes, an overview shot provides views of each room, not just the room associated with the crime. Photos of the rooms are taken from every corner. The external views of the building in which the crime happened, showing all entrances and exits to the building, is also included. The particular building is also photographed with respect to its surroundings. Overview shots are also taken showing the spectators present at the scene. The idea in photographing the onlookers is that it could possibly have in it a witness or a suspect (Layton Julia, 2008). Most criminals return to the crime location and mingle with the onlookers after they commit it. The mid-range photos show individual evidences relatively. These photos enable understanding the location of evidence in a room and its association to other evidences.  The close-up photographs are again of individual evidences, but showing their prominent features like their serial numbers or any such identification. For close-ups, a tripod and lighting systems are used so as to achieve clarity. These photos provide great help when evidences are analyzed. A second set of close up shots are also taken, which have a scale marked.

Among the exteriors, which require to be photographed, are roads or paths leading to and from the crime scene. Survey numbers, signboards, mailboxes, should not be ignored. Whenever possible aerial photographs need to be taken, and if possible the exteriors could be photographed either before 10 am or after 2 pm (Miller Marilyn, 2003). For the interiors, the room corners or the four compass points are used as guide. When facing low light situations, use the tripod for better focus. While taking midrange photographs, a logical sequence is to be maintained. Flash lighting might be required when focusing on evidences individually, within the original view.  When taking close-ups, the placards should be used. Side lighting would be required with the flash used, when harsh shadows are present. The number of photographs required for any crime scene is not predetermined but that it should be of quality suitable for examination. While photographing, the investigator should never hesitate if a photograph of something requires to be taken or not. Photographs should always be taken whenever the worth of the object is doubted. It is important to ensure that the photographs are taken without moving or touching any of the evidences. Even the medical examiner to make the postmortem will not contact the corpse unless it has been photographed separately and with respect to its surroundings.

Each photograph of the crime scene must be properly mentioned in the photo log. The log entries should include the date and time of the photograph taken, the location, the corresponding exposure, the shutter speed of the camera and the distance at which taken. Photographs are very crucial to any investigation as they transcend any crime scene description with text and notes.

Crime scene sketching

As the photograph is a 2D representation of the crime scene, it cannot provide adequate or accurate information on the relative distance between the evidences. The relationship between the evidences cannot be understood without measuring them. There are also certain objects, which cannot be identified properly in the photograph. A crime scene sketch is a simple way of identifying important pieces of evidence with their actual orientation and measurements, at their location. The process of sketching provides a calibration perspective to the crime scene. Although sketching may not be difficult, it requires the investigator to plan and organize. Sketches involve a rough sketch and a final sketch. Crime scene sketching may be carried out with two perspectives namely an overview or a side view sketch. Sometimes a combination of both may be used too. Such a sketch is called a cross projection sketch. Although 3D sketches and scale models can be used in crime scene documenting, these are uncommon. Crime scene sketch measurements are obtained by three methods namely triangulation, base line and polar coordinates. Two starting fixed points need to be identified for all three measurements methods. These fixed points are permanent established points, which can even be referred later if scene reconstruction is required. Based on these two fixed points all other relative measurements are done. Notable fixed points include large trees, building corners, utility poles etc. 

Crime scene sketches are very much associated with documentation. This documentation includes a title or header, legends of abbreviations, letters, symbols used, whether drawn to scale or not etc. It should also mention the sketchers name, date and time of sketching, together with the case details. A crime scene sketcher might find it adequate with just a pencil, paper and a straight edged material, to prepare a rough sketch of the crime scene. However to make a final drawing, more-advanced equipment is necessary. To develop an outdoor crime scene incorporating the surroundings with adequate accuracy, the investigator should have been trained in geometry (Simmerman, 2009). Measurements in sketching are crucial. While sketching large areas, the accuracy should be in the level of yards while for smaller measurements, it should correspond to sixteenth of an inch. Measurements need to be taken personally by the sketcher, with his assistant only verifying them. Measurements of movable objects need to be established with respect to immovable objects. Although measurements may be established correlating immovable objects, there needs to be some measurements relative to immovable object. The orientation of the sketch must be properly indicated in the sketch. Determining the North direction with a compass it should be indicated within the sketch.

The sketch should highlight each and every evidence or items related to the investigation. However when unnecessary details are included, the sketch would look congested and is likely to hide important details. Therefore sketches should be simple incorporating only relevant information.
Surveying in sketching

When large areas are sketched, surveying methods might be required to make the sketch more accurate and easily comprehensive. When the sketcher doesnt have surveying knowledge, he should seek the services of a surveyor. Field sketching problems may be solved using coordinates methods like (Simmerman, 2009).

1) Rectangular coordinates Two mutually perpendicular lines might be used to locate points on a sketch. The mutual lines serve as reference points to which the objects in the crime scene can be matched. For instance a table in the crime scene might be located at 90 inches from the west side wall and 70 inches four the south sidewall. These can also be appropriately interpreted on a graph too.

 2) Polar coordinates A point or object within a crime scene can also be mapped by establishing its distance from a chosen origin and its corresponding angle with respect to a referential axis. It is mostly employed for outdoor scenes.  

Responding to sexual assault

One of the challenges faced by the crime investigators is in establishing rape. Since in most cases, the perpetrators are generally acquaintances of the victim, the investigation here is not directed to identify or confirm the perpetrator but rather to establish rape. Due to the close association of the victims and the offenders, the offenders would claim the act to be only consensual. Thus the investigation should be at countering this position. Regular offenders take such a stand and plead for mistaken identity. Physical injuries are very important in establishing rape against consensual sex (Estrich, 1987). This is an uphill task, as most rape victims dont receive considerable physical injuries, and absence of injuries tend to be considered as consenting. However forensic examination can highlight physical injuries that are associated only with rape, which forms solid evidence against the perpetrators.

Sexual assault victims need to be brought to a medical facility within 72 hours, and presented before a Sexual Assault Nurse Examiner (SANE). In case the victim is brought later, it would be beneficial if the victim has not showered or changed clothes. It is generally perceived that maximum evidences can be collected when the victim is brought before 12 hours from the incident. The investigation of rape includes a medical examination of the victim, carried out by a forensic medicine specialist.  The victims would mostly insist on an examination by their personal physician, which should not be accepted, as personal and general physicians dont have the experience in rape investigation, and also lack the ability to testify and to successfully get a conviction. The forensic medical examination is done interpreting the victims body as a crime scene. Minute physical injuries can be detected by new technologies like the colposcope, which are generally used by the gynecologists, for the observing of vulvar or vagina. A 30-time magnification of the injuries is provided by the colposcope, which helps in establishing genetic trauma to a very big extent.