Organized Crime

It is easy to see the harsh realities occasioned by organized crime, just as it is equally easy to identify the characteristics of organized crime which are indeed many and varied. However, defining as well as understanding what organized and transnational organized crime is exactly, is what is necessary if any efforts to reduce or even eradicate it totally have to succeed. The definitions, which in fact vary due the varying nature of crime itself, will have a bearing on the punishments designed for the crimes and give the law more teeth in targeting crimes.

Organized Crime
Coming up with an agreeable definition of organized crime is crucial in determining how legislations are made and targeted as well as how the investigations, prosecutions, researches are  carried out in individual countries, and the cross border assistance or collaboration between governments in combating the vice.The existence of differences as to the understanding and seriousness of organized crime between countries or even within countries, between authorities and researchers among others, work to undermine policies as well as public support for possible policies and available resources for fighting against it. 

Vagueness in the legal definitions of organized crime on the other hand, hinders the efforts to successfully arrest, investigate, prosecute and convict perpetrators within a country and most crucially, cripples attempts to fight organized crime internationally.

Conventional criminal laws define and specifically target certain crimes as punishable whether committed by individuals acting on their own or as part of an organized ring. In the United States for instance, criminals can only be prosecuted for committing certain specific crimes and not for belonging to an organized crime ring. In fact the only definition of organized crime in the constitution terms it as illegal activities by members of a disciplined and organized group that deals in illegal services and or goods such as prostitution as well as other illicit activities by members of the association.
The council of Europe defines organized crime as a collaboration of persons for a long or an indefinite duration, convicted of grave crimes committed with the objective of obtaining power or economic advantage.

Other countries are more strident in defining and dealing with the organized crime menace, Italy illegalizes membership to a mafia or a mafia style organization whose members engage in intimidation and other forms of threats or actual use of force to gain control of business activities, commit crimes or obtain other illegal advantages. This approach of criminalizing involvement in an organized crime ring has as well been adopted by the United Nations in its convention against transnational criminal rings.

The definition of organized crime lies in the understanding of organized, rather than the word crime acts such as murder and theft are said to be wrong of as well as in themselves while others like prostitution are deemed prohibited and thusly wrong too just as is loan shacking, match fixing and smuggling. These are ordinary crimes which are equally associated with organized crime. Thus, while it is difficult to define or describe what precisely is organized, it is possible to get a helpful understanding from the description of the characteristics of organized crime. More often than not, organized crime gangs hardly have ideologies or political agendas to pursue but are solely interested in militating against the effects of the law by neutralizing governments through bribes and other forms of corruption which they commonly resort to, to duck investigations, arrest, conviction or imprisonment. Corruption is also an important avenue that organized criminal gangs use in order to infiltrate and exercise control over legitimate business through a system of bribes, kick backs that prove irresistible to poorly paid civil servants, trade union officials among other officials.

More recent developments have seen growing ties or involvement of organized crime and terrorism which has lend it an ideological perspective. Gangs may have a hierarchy or be comprised of loose groups but most tend to be self perpetuating, persisting over a period of time and over a number of crimes.

Use of actual or threatened use of force such as killings burnings, kidnappings among others, against other gangs or regular victims who fall foul of them as well as generally restricted membership due to  race, unique circumstance, nationality, trade or simply adoption of exclusivity which may result from initiations, symbols  as well as bonding rituals. Other common characteristics of organized crime include most crucially the profit motive of these organizations in that they all intend to profit by every means possible which comprises crimes of all sorts as well as investing in legitimate business ventures which serve to give them a measure of respectability as well as acting as important conduits for money laundering, illicit gambling among others. In addition, most organized criminal gangs do exist to avail goods or services that are illegal, short in supply or heavily regulated and thusly can hardly be provided through legitimate means.

More recent definitions of organized crime include one by peter Reuter which termed it as crimes by organizations that have acquired and maintained an ability for violence, while other definitions have tended to emphasize the monopolization tendencies of organized criminal gangs and their ability to seize and exercise quasi government roles where governments fail or are unable to effectively play that role. Indeed in places such as Sicily, Eastern European countries as well as large parties of Russia, the government roles are almost entirely run by the mafia style groups.

Thus organized crime can be defined as continuing association of people that seek to monopolize illicit business and enterprises through the use of or threatened use of force and enjoy protection from the law by corruption.

It is however important to draw a distinction between criminal organizations as such, and organized crime.  Crimes could be committed by individuals acting together but if those criminals do not go a step beyond a single crime and organize, view themselves, carve a reputation and perpetuate themselves and their crimes over a period of time, they would not qualify to be called criminal organizations. It is of equal importance to draw a distinction at organized crime and crimes that are organized.

The face of organized crime has constantly been changing to suit the ever changing times, not least the challenge as well as opportunity presented by globalization.  Globalization has led to the greater and faster movement of goods, services and most crucially, there is greater, freer movement and contact in people than was the case before.This greater movement and interaction has hugely been aided by improvements in the transport and communication that has brought legal, as well illegal migrants across international borders either of their own free will or smuggled by criminal gangs. Communication technology has made communication and organization of crimes, identity thefts among others a chip easier and faster.

Transnational Organized crime similarly has defied attempts to define it, especially owing to the fact some of the crimes associated with transnational organized crime are as well committed by individual or groups of individuals who will not meet the definition for organized crime. The United Nations approaches the definition of the transnational organized crime by separately describing organized crime group from transnational crime and subsequently defines the former as a structured association of more than one person, acting in tandem with each other and for a period of time to commit serious crimes for the purpose of gaining directly or other wisely a material or monetary advantage. While transnational organized crime is defined as one committed in one state but with substantial planning, direction and control undertaken in another or if committed in two or more States or countries, or committed in a single country or state by an organized criminal organization that conducts its operations in more that one country or state, or a crime committed in one state or country but with considerable effects in another.

The crimes committed by these organizations cause hurt, people have been assaulted, lost property, psychologically traumatized or victimized in some other way and more so for this essay is the hurt from the heightened rate of people trafficking and smuggling. People trafficking always existed across the world in varying degrees but have only become more global bringing under its net large areas of Europe, Asia, Africa and the Americas.

Increased movement of illegal immigrants has prompted increasing concern among governments both in the developing world who act as source countries as well as the richer worlds like Australia who must content with detecting perpetrators and bringing them to justice as well as protecting the victims. The United States State department estimates that anything between 700,000 and four million people are moved across borders illegally each year.While the International migration organization estimates that over half a million women have been trafficked into the European Union from the East and Central European countries.

In Asia alone, over 200,000 women and children from South East Asia are trafficked annually, mostly to various destinations in Asia with Japans booming commercial sex industry being a key destination while Australia has experienced a rise in illegal boat people hitting its shores. In 1998 there were 926 illegal people arriving by boat in Australia while 2406 landed by air compared to 1999 when the respective numbers were estimated at 4174 and 1628.

People trafficking is whereby people are deceived, tempted, threatened or other wisely taken away from their home, state or country and forced to work under exploitative terms, without or with poor pay. Organized illicit smuggling as well as trafficking of human beings has grown into  28 billion dollar industry across the world with annual revenues of just under  9 billion, making it one of the fastest rising criminal industries enough to rival drug and arms smuggling, fuelled by rising sophistication in the ways of committing the crimes, globalization as well as the innovations in financing the crimes but also by the poor, uncoordinated efforts by governments to reign it in.

People trafficking is defined by the Australian Department of immigration as the illegal movement of people either individually or in groups across state or national borders on payment of a fee on service terms, or gaining entry into a country without permission which includes stowing people away, or use of false documents whether for profit purposes or not. Further, the department deems human trafficking as the recruitment, moving or aiding, or receiving persons at any stage of the migration process by using threats or deception for the purposes of sexually exploitation of any form, or other forms of forced labor.

While people smuggling and trafficking are closely related, the former differs in that it only involves arranging and aiding illegal crossing into or out of a country for a fee or other wise, while trafficking involves coercion or use of actual force as well as making fraudulent promises to victims who once smuggled are continually exploited.

Increased international mobility has made criminals able to evade strict national jurisdictions whose efforts to fight crime have been militated against by the rising leisure travels and the easing immigration policies across the world, diversification in citizenships, increased air transport among other reasons.

People traffickers often provide the illegal immigrants with advice, guidance, false documentation, and accommodation among others in facilitating illegal migration from which they make huge profits. A common method employed by human traffickers has been the use of photo substituted passports which can easily evade detection by migration officials and systems, this is augmented by the sophisticated systems and capacity of forgery which these groups posses.

Other ways involve exploiting international conventions requiring refugees to be protected. As such illegal migrants simply turn up at the Australian immigration desks stating that they have no documents but would like to put in for asylum or refugee status.

Another important tool utilized by transnational people traffickers is corruption which is absolutely helpful in infiltrating public servants who in turn help the traffickers access valid traveling documents for their purposes.

In recruiting victims, often blackmail, and financial coercion are used where the criminals have access to information or any other stake that they threaten to make public should their victims failed to toe their line. Blackmail is commonly linked to corruption especially among high public servants who fall foul who once infiltrated by the criminal rings, they are held on the leash by blackmail and intimidation.

Trafficking in human beings can assume varied forms including but hardly limited to trafficking in women who are sexually exploited. Trafficking in women is common and highly prevalent in all countries in the world who are affected either as sources, transit countries or destination countries and mainly preys upon vulnerable women who are lured with promises of employment, issued with false travel documents and taken away from their homes only to be forced into slavish sexual exploitation and kept under inhuman conditions.

People smuggling is yet another form of trafficking where criminal organizations in order to gain a material or financial gain, arrange illegal entry of people into a state or country where they are neither citizens nor permanent residents. People smuggling is a transnational crime that more often than not involves organized criminals that involves grave violations of the victims basic rights. This prey upon people hankering after greener pastures abroad due economic and political instabilities in their home countries and their inability to travel through legal means drives them to illegal people smugglers. People smuggling mainly thrives owing to poor legislations, a relatively low risk of being detected or arrested and prosecuted besides the large profits that the criminals get. Developed countries are the key targets and these include Australia. Australia has been a key target for illegal immigrants from Asia and the Pacific who are smuggled via Malaysia, Indonesia among other transit countries.

Debt bondage which involves victims being forced to pay by prolonged direct labor rather than money, or debtors are deceived into working without commensurate pay, or when the value  of their labor is far  greater than the debt they are  supposedly repairing is a common manifestation in transnational organized crime.

People are increasingly being trafficked for the purposes of forced labor and other forms of servitude and held under debt bondage.  Victims from poor Nations are lured by promises of decent lives abroad, or threatened, coerced by any means into being illegally trafficked, but once at their destinations, they find themselves in forced employments. Australia has recently been receiving illegal migrants from countries such as Iraq, Indonesia and the Philippines who are illegally smuggled in by organized criminal at no cost, but once in Australia, they are forced to work for prolonged or indefinite durations to repay the fees incurred for their smuggling to Australia. As a result, the victims find themselves in construction, domestic servitude as well as other forms of menial jobs.

Many countries especially developed ones have waiting lists for organ transplants which are immensely expensive. Organized crime thrives on such scarcity and capitalizes in supplying such scarce goods or services illegally from which they make a fortune.Victims are deceived or misinformed about the medical procedures or financial prospects that could arise from their selling of organs, after which they are illegally smuggled away from their homes. Then they are subjected to illegal organ harvesting under poor medical conditions for which there is no follow up which jeopardizes their health as well as lives. These organs and kidneys make up the lions share of reported cases are then sold on to patients in dire need of them, from which criminals make a fortune.

Sexual exploitation children, is another form of people trafficking entirely different from women trafficking. Children are continually being used by organized criminals for prostitution or are forced to perform lewd sexual acts which are the filmed and sold as child pornography. The internet has played a crucial role in furthering this form of crime, not just by making it easier to sell and disseminate it but it also makes it hugely difficult to trace the perpetrators, much less arrest or prosecute them.

Transnational organized crime thrives and has largely defied legal channel to curb it, owing to its ability to adapt its operations to suit changing times, sophisticated forging ability, and an established infrastructure consisting of hideouts, accommodation and travel facilities at their disposal, its capacity to use violence, involvement in other forms of organized crimes as well as an economic muscle necessary for bribing officials to aid their operations.

While controlled migration is hugely beneficial for a country allowing qualified, labor as well as resources into a country and thusly boosting growth, transnational organized crime and more especially human trafficking has grave implications for a nations national security. Illegal entries into a country say terrorists or smuggling of weapons that could be used in committing crimes among other implications. People smuggling undermines government immigration policies and has led countries into spending lots of their money on technology and law enforcement to help curb the practice.

This must involve cooperation between countries which must start by adoption of common definition of what constitutes organized crime but also transnational organized crime. This important not only for public  policy programs but will serve to focus research as well as legal efforts aimed at reigning in or at least mitigating against its pervasive effects. This cooperation should take the form of among others, information exchange to enable officials in various countries to establish whether people turning up at their borders bear genuine travel documents or whether they have been involved in trafficking activities as well as sharing information on the type of documents used by criminals to evade detection and most importantly perhaps, the dissemination of the latest ways and innovations in the methods employed by traffickers in recruiting, transportation, the routes and possible ways of detecting them.

Yet another innovative way especially as adopted by the Australian government is to make human trafficking risky and low profit undertaking which will in turn drive away organized criminal organization and brings down the vice.This has included legislations to reduce legal boat arrivals, extradite illegal immigrants as well as arresting and prosecuting people smugglers, setting up of Royal commissions to help investigate and combat organized crime.

Conclusion
Organized crime has always existed and transnational organized crime too. But the political instabilities and occasional lawlessness in some countries coupled the advances in both technology as well as the financial services has without intention, brought organized crimes to the shores of just about every country as well as every households doorstep. The growth of in organized crime poses a challenge not only to the individual businesses, national securities and the political establishments of countries but it also involves real human costs paid by lives, slave labor and sexual exploitation among others. All the more reason for efforts to be redoubled in combating organized crime as well as transnational organized crime by individual countries but also increased collaboration internationally.

STRUCTURES OF POLICE ORGANISATIONS

Describe Bayley s (1990) model of police structure. Give examples from four countries
to illustrate your answer.

Two aspects of Bayleys model of police structure

centralisation of command
Centralised means commands for operations passed down to sub units from single centre of command.

Decentralised means sub units are autonomous or independent

2. number of commands
singular command is having a single police force
multiple commands means having more than one police force. These can either be coordinated or uncoordinated.

Examples
Italy centralised police structure with two police forces, Corps di Carabineri and Guardia di Publlica Sicurezza, and both received commands from Rome. 

Netherlands one centralised police force and one that is decentralised.
France centralised police force commanded from Paris but command is hardly ever exercised in their daily operations.

Norway and Sweden decentralised police forces.

What are the major determinants of the structure of police organisations

Traditions are established at the time when the police force was first being set up.
Character of regime tells what kind of government is present in the country. 
Authoritarian police structure is centralised.
Democratic police structure is decentralised.
rate of violence country tends to centralise command if it gets a strong resistance or disagreement from people in order to consolidate and assert authority of the state.

Using the seven key descriptive categories proposed by Kelling and Moore (1988)
identify and describe the three major eras of policing.

POLITICAL ERA

elements authorisation politics and law
function broad social services
organizational design decentralized
relationship to environment intimate
demand decentralized to politicians and patrol
tactics and technology foot patrol
outcome citizen satisfaction with politics

REFORM ERA
elements professionalism and law
function control of crime
organizational design classically centralized
relationship to environment Remote professionally
demand centralized
tactics and technology rapid response to service calls, patrols designed to prevent crime
outcome crime control

COMMUNITY ERA
authorization community (political) support, law professionalism
function broad provision of service
organizational design matrices, task forces, decentralized
relationship to environment intimate
demand decentralized
tactics and technology problem solving, foot patrol, etc.
outcome citizen satisfaction and quality of life

Using Kelling and Moore (1988) and Greene s (2000) frameworks describe the key
dimensions of the  Homeland Security  era.

HOMELAND SECURITY ERA
authorization (politics) internationalnational threats, (intergovernmental) law, professionalism
function anti-terrorismcounter-terrorism, crime control, gathering of intelligence
organizational design decentralized execution following centralized decisions
relationship to environment professional
demand centralized
tactics and technology information systems, police operations centers, assessment of risk
outcome crime control, anti-terrorism, citizen safety

2002CCJ WEEK 3 RECRUITMENT, SELECTION, EDUCATION AND TRAINING

What are the major selection tools used by police departments How and why are they important in selecting police officers
Most police department use selection tools like
written tests for mental competence,
oral interviews,
medical and psychological examinations,
physical fitness,
drug and polygraph testing, and
background investigations.
These selection tools help police departments
find candidates that are physically, emotionally, and psychologically suitable for the job.
weed out lateness, absenteeism, and discipline issues among the recruits.
avoid poor publicity and court litigation caused by having unqualified officers or officers with reckless or irresponsible behaviour.

Describe three personality tests that have been used by police in the selection process and discuss how the characteristics they measure are relevant to selecting the  ideal  police officer.
Eysenck Personality Questionnaire-Revised (EPQ-R)  short test that measures normal and abnormal personality scales.  It is designed to measure three factors Neuroticism (N-scale), Extraversion (E-scale), and Psychoticism (P-scale). These factors are important in the selection of police officers because hey help identify those who are orderly, have self-control, sociable, conscientious, responsible, sensitive and empathic.

NEO Personality Inventory (NEO-PI) is a test of normal personality. It was developed to measure the personality using the Five Factor model Neuroticism, Extraversion, Openness to Experience, Agreeableness, and Conscientiousness. These can help identify recruits who are agreeable, assertive, cooperative, conscientious, responsible, has self-control, orderly, flexible, sociable, sensitive, empathic, and has good moral judgment.

Sixteen Personality Factor Questionnaire (16 PF) is designed to measure 15 bi-polar personality factors and one intelligence factor. It helps identify recruits that are agreeable, responsible, conforming, have self-control, cooperative, flexible, sociable, conscientious, assertive, empathic, sensitive, tolerant, has good self-esteem, orderly, have good moral judgment and objectivity.

Should the police selection process include mandatory educational requirements Whywhy not
Higher education should be mandatory when choosing people for the police force. A higher level of education equals higher levels of integrity, service, professionalism, flexibility, sociability, and innovation. They are less authoritarian, more adaptable, and more aware of the cultural and social differences around them.

Choose three (3) of the following six (6) subject areas problem-solving, cultural diversity, sexual harassment, conflict resolution, interpersonal communication, community organization skills. Discuss the importance of and methods used to incorporate such knowledgeskills into contemporary police training curriculum.

Interpersonal communication skills need to be developed so that officers know how to better handle  situations with citizens, especially in conflict resolution and situations that require immediate mediation. They need to learn how to listen and talk to people of different cultures.

cultural diversity is important so that police officers can understand differences between different ethnicities, gender and cultural backgrounds.

Problem solving is also another important area where police need to be trained. Doing so can help them with being more objective when conflicts arise. Teaching these problem solving skills involves laying a groundwork of equality and respect which leads to more open mindness both in training and on the job.

2002CCJ WEEK 4 TRADITIONAL POLICING STRATEGIES I (increasing numbers of police, rapid response)

Describe the policing strategy of increasing police numbers. Discuss its effectiveness in reducing crime.

Usually the number of police officers that are seen on the streets equals a reduction in crime in that community. Some studies, such as the Marvel and Moody study, showed that crime was prevented six times more with each police officer put on the streets. Some other studies do not reach that same conclusion.

Describe the policing strategy of rapidly responding to crime incidents. Discuss its effectiveness in reducing crime and the impact of this policing strategy on community satisfaction with police services.
Introducing call-for-service systems like 000 and 911 meant quicker reponse times for police officers. People in the community are happy with the shorter response times because they have a police presence in a short time after placing a call.

2002CCJ WEEK 5 TRADITIONAL POLICING STRATEGIES II (preventive patrols, reactive arrests)

Define random patrols.
Random patrols are designed to prevent crime. There is no set pattern from one patrol to the next and officers can go outside their assigned areas if needed so that they are able to respond to calls better. 

Identify and describe the advantages and disadvantages of random patrols. Discuss their effectiveness in reducing crime.

Random patrols make officers more likely to be seen in the community. Their presence is supposed to help prevent crime while boosting order and peace. Crime is not likely to happen because the criminal can easily be caught. Some studies show that random patrols are not effective at reducing crime.

Describe the methodology and results of the Kansas City Experiment.

The purpose of the Kansas City Preventive Patrol Experiment was to study the effects of police presence in three areas.

Group one  reactive group with no preventative patrols. Officers go into area only in emergencies.
Group two control group with the normal level of preventative patrols with one patrol car going into the area during each of the five beats.

Group three proactive group with 2-3 times more police officers in area.
Using surveys, police data, and observations, the results of the experiment did not show a measurable decline in crime for any of the groups.

Adding or reducing preventative patrols did not have an effect on the rate of crime, attitudes about the police, response tiem, traffic accidents, or peoples fear of crime.

Define reactive arrests. Discuss their effectiveness in reducing crime.
Reactive arrests are like random or preventive patrols and they can be focused on particular crime-risk factors or unfocused. . They cover a wide area and gives a warning to the community that any crime can result in an arrest. However, more people are arrested for observed or reported crimes than during reactive arrests.

2002CCJ WEEK 6 CONTEMPORARY POLICING STRATEGIES I (policing hotspots of crime)

Define a hotspot.
A hotspot is an area of high crime, usually parks, malls, pubs, intersections, and streets. Crimes in the area are often predictable.  Computerised mapping of crime calls is used to pinpoint these locations.

Describe the methodology and results of the Minneapolis hotspots experiment.
The Minneapolis Hot Spots Patrol Experiment  mapped crime calls  to identify 110 hot spots.

55 hot spots were the control group
55 were the treatment group which had more than double the normal police presence. The treatment group saw a great decline in calls for crime and general disorder in the form of fighting, vandalism, and disorderly behaviour.

Define preventive patrolling. Discuss its effectiveness in reducing crime.
Preventive patrolling,either random and directed patrols, place police officers in places of high crime, or hotspots, so that people are less likely to commit crimes in order to avoid being arrested. More police officers equals less crime in these areas.

Define proactive arrests. Discuss their effectiveness in reducing crime.
Pro-active or police-initiated arrests put more officers in areas that are likely to have more crime in the community. The arrests rates in these areas usually go up.

2002CCJ WEEK 7 CONTEMPORARY POLICING STRATEGIES II (community policing)

Define community policing (using Bayley s (1994) framework).
Community policing is a decentralised approach to decision making that enables the police and local leaders to talk about actions and strategies that would address the unique needs of the community and offer it the most benefits. Flexible solutions to problems within the community become known and the police and the community work together.

Critically evaluate community policing as a policing strategy.
Community policing allows the commnunity to pass on information to the police that they might not otherwise know about. The police also tell the community where the problems areas are so that people can be aware of the situation in order to protect themselves and to let the police know. Because police and citizens have more contact, there are fewer crimes. The cooperation between the community and police mean less crime too.

Describe the major outcomes and implications of the Toowoomba Beat Policing project.
The Toowoomba Beat Policing Project found that Senior Constable had problem solving skills that resulted in greater citizen satisfaction with the police and fewer crimes and thefts. Police also reported greater levels of job satisfaction. When planned properly, and funded, and used with high quality officers, beat policing can be a success with focus and support.

2002CCJ WEEK 8 CONTEMPORARY POLICING STRATEGIES III (problem-oriented policing, partnerships, crime prevention)

Define problem-oriented policing. Describe the major components of the SARA model.
Problem-oriented policing happens when the police specific, and unique, strategies to address a particular problem in the community using the SARA model.
SARA means
S scanning or indentifying problem areas
A analysis or learning everything possible about the problem by studying it
R response or making unique and one of a kind solutions to the problems
A assessment or studying reactions to the solutions to find out if they are a success or a failure.

Critically evaluate the effectiveness of problem-oriented policing.
Problem-oriented policing is a strategy that focuses on hotspots and other high crime areas. Solutions addressing these particular problems are put into place which are usually effective in solving such problems. Preventing crime requires constantly being aware of the problems or potential problems in the community so the addresses the problems in this manner has proven to be effective.

Define third party policing. Describe the essential elements of third party policing strategy.
Third party policing is when the police try to convince, or otherwise coerce, people not committing crimes, to do something that they do not usually do to reduce disorder and the possibility of someone else committing a crime. This usually only works when the police have some sort of legal authority to convince the third party to cooperate.

Define situational crime prevention. Critically evaluate the effectiveness of situational crime prevention.
Situational crime prevention is made of 25 techniques that are used to address patterns of behaviour that are more likely to lead to crimes, such as tax evasion, petty theft and others. Some of these techniques are off street parking for vehicles (concealing the target), improving street lighting (assisting natural surveillance), installing anti robbery screens (hardening the offenders targets), and setting up neighborhood watch programs (extending guardianship). Research has proven this strategy to be effective though other concerns such as infringing on peoples freedom of movement or infringing on a persons right to anonymity.

Pros and Cons of Death Penalty

Death penalty is a punishment given by the state to criminals who are involved in capital or serious crimes such as rape and homicide. It has been used in many nations over time but has since been abolished by some. Some of the countries that still use this method include Asian countries and the United States of America. There are different techniques used in execution namely use of electric chair, hanging, lethal injection, firing and use of a gas chamber (Lowenstein, 2001).

There have been varying opinions among different people on this subject. Some people feel that it is a necessary method for the culprits while others think of it as being unethical and suppresses the rights of the individuals. This paper explores the pros and cons of this practice with reasons why it should be abolished or allowed to continue.

In Steikers article No, Capital Punishment Is Not Morally Required Deterrence, Deontology, and the Death Penalty in Stanford Law Review Journal, she gives the reasons why death penalty should not be allowed. On the other hand, Ramsey differs and tries to justify the importance of death penalty in his article in American Criminal Law Review.

Cons of Death Penalty
Its a costly process which is a burden to the tax payers. It is much cheaper to keep someone in prison for life compared to sentencing them to a death penalty. The costs incurred are more than if the criminal was sentenced for imprisonment. There are many legal tussles which slow down this process for a long time of up to even 20 years. In a country where the resources are few, this process is not the best (Steiker, 2005). 

Every human being has a right to live. Therefore, it is against the rights of a person to take his or her life. It is morally wrong, unacceptable and cruel to kill another person no matter the reasons that may be used to justify such an action. It is a traumatizing process to allow the state to kill a person when the citizens are watching. This procedure violates the provision in the 8th Amendment of the constitution which is against the application of any unusual form of punishment (Steiker, 2005). 

It is a lengthy process which involves several procedures before such an action is carried out. These procedures slow the courts hence leading to an inefficient system. It needs a lot of appeals before a person is put on a death penalty. The court system should be moving but these processes drags it down. It is also time wasting and needless since once the victim is gone, his or her life can never be brought back (Steiker, 2005). 

Death penalty ideology is a set back to advancement of civilization in the U.S. It is a form of revenge which the society is striving to move away from. It is not the best solution available and only leads to more violence such as gang violence. There are better ways of punishing the culprits. Death penalty is not the best way to prove that murder is not acceptable. If you kill a person because he or she murdered someone else, what message are you passing across It means killing is justified in certain instances (Steiker, 2005). 

Some people have argued that the life inside the prison is the worst punishment that the criminals can go through. This is because life imprisonment never ends and the criminal will feel the pain as compared to sentencing them to a death penalty. Death penalty is a one minute process hence the criminal never feels any serious pain. It is also important to give the person a second chance in life. Some of the culprits usually change from their criminal ways and become better people in the society (Steiker, 2005). 

Countries that practice capital punishment usually have a bad image among other nations that are against it. Its a crime against humanity and the rights of a person. Most countries are against America due to the fact that death penalty is still being applied. It has also been argued that innocent lives have been taken through this process. It is a possibility that can not be ruled out. There are instances in which DNA tests have proved this after a person has been killed (Steiker, 2005). 

There have been cases where many mentally retarded individuals have been killed by the state. These people might have suffered a neurological defect during birth. The mental problems may make a person to do what he does not know such as killing another person as a result of his violence. Such people may not be aware of what they are doing hence should not be held accountable. It would be unfair to do this since it is not their wish to behave in this manner (Steiker, 2005). 

Pros of Death Penalty
The victims who have gone through a lot of pain and suffering need to get justice. This is the best way to at least put an end to their suffering though it will not totally relieve them. It acts to at least make them feel that justice has been done to them since the perpetrator has also lost his or her life just like the person whom they were close to (Ramsey, 2002).

Capital punishment serves as a lesson to other people who may be tempted to commit such capital offences or are involved in such crime like murder and rape cases. They might decide to leave their ways because of the fear of undergoing through the same punishment. For example, if the person who was sentenced to a death penalty was a close accomplice or even a member of his group, the trauma of losing him might make him retreat from crime (Ramsey, 2002).

Prison is not the best way to keep such dangerous people. There have been incidences where prisoners have escaped from prison back in the society. It is obvious that such criminals will go back in the society and continue murdering and committing other crimes too. The only way is to get rid of them once to avoid such crimes. A prisoner can also finish his sentence of many years and get released afterwards. The chances that he might go back to his criminal ways are high. The victims will also feel that the justice they deserved was not carried out in the best way. They will also live in fear for their lives since such a dangerous person may decide to kill them too (Ramsey, 2002).

This is the best way to offer punishment to the perpetrators of capital crimes like murder or rape cases. Putting such an individual in the prison is not punishment at all. In a case where a person murders another person, the only best way to punish the culprit is to take his or her life too (Ramsey, 2002).

Death penalty will make the citizens to trust their judicial system. It has been believed that the justice system is sympathetic to the culprits than those who have gone through a lot of pain because of the loss of someone they loved through murder. The only better way to ensure that trust is restored in the citizens minds is when the judicial system offers justice in the right manner (Ramsey, 2002).

After proving a persons guilt, it is only in order to offer justice. The modern advancement in crime technology and improvement in DNA tests, the doubts about a persons guilt are eliminated. This means that there will be no possibility of punishing the wrong person by mistake (Ramsey, 2002).

Prisons are already full with different kinds of criminals who are being rehabilitated. There are also other hard core criminals who should have been sentenced to the death penalty but are still being locked in the prison. The result of this is a continued overpopulation in the jails. Every year, criminals who have committed capital offences like murder are being arrested and detained in these jails. This directly leads to overpopulation (Ramsey, 2002).

Summary
In both articles, there is the conclusion that the application of capital punishment is not something that can be considered as being definitely wrong or right. The answer is not definite and relies on several factors such as the gravity of the offence that the criminal was involved in and the past history of the individual. However, according to Steiker (2005), there is no justifiable reason as to why life should be taken and imprisonment is the best form of punishment. On the other hand, Ramsey (2002) argues that the only best option is death penalty.

Conclusion
The use of death penalty is not an efficient way of punishing the perpetrators of capital offences. It is morally unacceptable to try to justify the killing since this is against the basic human rights of a person. It does not matter the crime committed since I believe there are prisons which can offer punishments that will make the criminal suffer for his actions. The killing will not bring a change in the life of the victim. Therefore, the only best way is life imprisonment.

Criminal justice system in Australia

The Australias criminal justice system has been a subject of criticism. However, in order to access and evaluate the efficiency of the law, impartiality before law, right of entry to the law, implementation of the law, defense of individual rights, resource competence and equally how the civil liberties of individuals and the social order are balanced must be recognized. Therefore, for the Australias CJS to be seen as being effective, it must try to treat everyone equally, despite their individual dissimilarity which may include social status, ethnicity, income, sex, education, social status, among others.

Exploring such factors, it would be instrumental to assert that, the Australias is adversarial in nature, therefore, I beg to differ with the statement, the criminal justice system in Australia is about as fair and effective as we have any right to expect, and this is due to the fact that, in Australia there are dissimilar procedures and approaches regarding criminal measures. For instance, the aspect of right to silence in criminal suits has been faced with a number of challenges. This is generally attributed to the fact that, relying on this constitutional right the defense has more than often delayed and prolonged the criminal deliberations by challenging or disputing almost every point presented rather than concentrate on the real and hard facts. In essence, the legal structure cannot manage to pay for the resultant drain on the limited resources. Also, the populace cannot afford the expenses accrued when privately funded accused employ such methods and generate mega-trials of unreasonable ratio (Wyngaert,1993).

Another major factor, which has equally impacted negatively on the nature of the CJS, has been cited as delay, this has eroded the manner by which the CJS operations are being carried and executed, translating, the CJS takes quite a long time before concluding cases. Though, there are those people who think criminal justice system in Australia is about as fair and effective as we have any right to expect, delays in the CJS have resulted in the suffering of individuals waiting for the offender to be punished, and this has resulted in instances of witnesses forgetting vital and crucial information pertinent to the case(s). Principally, not many people can afford to hire legal experts, and this has established that, CJS system can be painful and costly

In essence, the Australias CJS has been overtime defined as adversarial, though its advantages and disadvantages have equally been traditionally debated, it would be pivotal to assert that, the efficiency of this system is typically compromised in as far as efficiency and fairness are concerned. Hence, it is from such observation that, it has been compared with the inquisitorial system. Though, the comparison may look flawed and useless, the CJS remains shackled within the confines of unreliability. World over, the adversarial system in criminal proceedings tends to be characterized by a soaring level of enthusiast conduct, judicial submissiveness including reliance on integrity of lawyers, equally, this has also been evidenced within the Australias CJS, where the involved parties are held responsible in identifying the issues disputed as well as the evidence to be adduced. To illustrate this, it would be important to revisit such previous cases as Dietrich v the Queen where the high court highlighted the need to have adequate legal representation. This indicated that, the aspects of inequalities within the CJS are yet to be addressed (Vogler, 2005).

Therefore, no matter how the populace accepts that the CJS is effective, it is debatable that, its effectiveness is arguably challengeable. This can be attributed to the fact that, severe costs, and the failure to get access to legal help, a number of people are opting to stand for themselves. To recompense for the escalating quantity of self represented indicts, in particular in sexual attacks cases, the sexual offence act 2003, has been found o be preventing self represented indict from questioning victims. According to legal experts, the government is said to have introduced this scope as a measure of protecting the victims from unfair trial but it has considerably failed.

Therefore, I am of opinion that, in order for the Australias CJS to be helpful for both individuals and the public, it must employ its assets or resources competently and not dissipate them. For Instance, the CJS has alarmingly limited funds obtainable, hence a substantial ratio of these resources are injected towards the courts, police, and corrective services which involves exposure, conviction and sentence (Trechsel,2005). Therefore, if the CJS can be said to be effective and executing its mandate proficiently as well as  utilizing its resources to the unsurpassed, then the consequences would be  Decreased crime rates Less recidivism Enhanced convictions and Fewer young people consigning to crimes.           

Thus, looking at such situation, I find it hard to agree that, the criminal justice system in Australia is about as fair and effective as we have any right to expect. On a legal aspect, it is commonly held that, the CJS would be more punctual and effective in chastisements if it concentrated on deterrence, halting the felony before it is executed.

Generally, I am convinced that, public confidence is crucial to the elaborate functions and operations CJS in Australia (Bassiouni, 1982). This system fundamentally relies on the total involvement of victims as well as the members of the public who plays such major roles as being witnesses and also as jurors. However, low levels of civil confidence have lead to disrespect and dissatisfaction with the CJS in Australia today. This discontent have been gradually developing since the last few decades, hence those mandated with overseeing

The administration and execution of CJS have not done much to change the situation. Therefore, by examining this statement in broader context, it is apparent that public confidence has greatly decreased towards the fundamental segments of the system which includes courts, police as well as the correction centers. In principal, it has been established that, the Australians views each and every arm of the CJS separately. Hence, this has resulted in an eroded attitude towards the entire set up of the CJS. As a result, arguing that the criminal justice system in Australia is about as fair and effective as we have any right to expect cannot be accepted in part or whole.

According to Terrill (2003) who presented a global comparison of confidence and reliability levels in the CJS with Australians, established that, the CJS is unfavorably viewed by the populace in as far as execution of their duties are concerned. Thus, the essence of fair and effective services can be said to be practically. For instance, a recent research conducted by Donnelly,et al (2005) investigated the public faith in regard to Criminal Justice System in Australia, it emerged that, most of the people do not believe that the entire system is fair or effective. This attitude is being attributed to the fact that, most of the people employed within the CJS are either corrupt or incompetent, another factor that has been highly cited involves lack of sufficient resources to carry out proper investigation or corrections, and hence, this has seen a significant number of the victims being denied a fair trial.

The criminal justice system in Australia cannot be said to be as fair and effective as we have any right to expect it to be. Therefore, it would be pivotal for the government to create performance indicators which would be employed to Establish an equity checking procedures for the CJS to appraise parity treatment, as well as establish the societys acuity of the CJS and recognize any regions of concern via reviews such as the Public Attitudes Survey, among other diverse issues. Another aim that the government has to consider is to make the CJS as open, all comprehensive and open as possible, and equally endorse confidence in the execution and administration of justice. By do so, the Australias CJS can be said to be fair and effective, however, in its current nature, and the citizens are not yet convinced how the CJS operations can be fair or effective.

It should be noted that, diverse CJS parameters have significantly failed to impact positively on the society, translating to a situation where, the use of penalties have failed to improve or enhance the image of the CJS and this significantly contributed to the less efficient spending of CJS available resources. More, where the CJS have opted to employ imprisonment to reduce the instances of crime, diverse issues have emerged challenging the very nature and competence of the CJS. Therefore, it would be instrumental to assert that, the CJS is not fair or effective.

Remedy
I am of opinion that, the Australias criminal justice system can be made to be fair and effective, if the community as well as the government accept to cooperate. It is instrumental to underline the fact that, there are diverse arms of the system that are directly linked with the manner the entire system operates. Therefore, by examining such arms such as the police service as well as the courts, it would be vital, and this could help in streamlining the execution of their duties hence providing fair services as well as being efficient.

Prosecutorial and Judicial response
Having a skilled and a competent prosecutorial agents and an informed judiciary would help to create an effective CJS in response to ineffective system. It should be realized that, for over two decades the Australians have complained of having ineffective and unfair criminal justice. So having an aggressive and operational system would aid in enforcing the law and more so creating an environment where no one stands a chance of being denied justice. Hence, for the CJS to be effective, judges as well as prosecutors must first and foremost understand the legal needs of the immediate communities they are serving. Therefore, having the rudimental understanding of the applicable legal structures, including both commitments incurred through endorsement of international treaties and applicable national laws (Tonry, et al, 2001).

The prosecutors and judges do play a significant role pertaining to the manner the courts dispenses the justice, however, reflecting on the way the Australians view the judges as well as the prosecutors, it would be impossible to agree that the criminal justice system in Australia is about as fair and effective as we have any right to expect. In principal, the rights of the entire community have to be balanced against the constitutional rights of an individual. Therefore, the changing social values requires or rather calls for a competent and effective CJS, thus, as pertains to the case in Australia, the government have to invest more in the system so as to improve the enforceability and accessibility of legal systems and this would help in assuring the public the CJS is being fair and efficient.

Another, major area that has totally soiled the entire images of CJS can be said to be the police department. It would be pivotal to assert that, the other sections of the CJS significantly depend on the complete enforcement of law by the police who are complimented by both the courts and correctional centers. Therefore, where the police force including its subsequent arms such as the criminal investigation department fails to considerably deliver or provide the necessary legal aid as granted to them under the Australian constitution, it is typically seen that, the police have abdicated their responsibilities. Thus, exploring such observation, it would crucial to posit that, the scope of having a fair and effective Criminal Justice System becomes difficult to implement. Consider the fact that, community policing presents the image of the CJS, where the essence of negligence are cited, the CJS receives the ugly award of being treated with suspicion.

Therefore, by exploring the concepts of public trust in regard to CJS it would be crucial to examine the role of the police in relation to the tarnished image of the Australian CJS. Too, it would be instrumental to reflect the fact that, the broad concepts of the CJS is to make sure the community adheres to the accepted legal statutes. However, ignorance, corruption and negligence have massively contributed to the manner the CJS functions are being executed either directly or indirectly. Taking position on this whole observation, principally, I posit that, the Australian CJS cannot be said to be fair or effective. Note that, as a member of commonwealth community, its civil legislations falls within the broader structure of English law, translating the manner by which the courts, correctional centers including the police forces behave falls short of the accepted legal and ethical standards.

On ethical grounds, the Australian CJS has been accused of dire abuse of human rights through acts of racism, intimidation as well as lack of goodwill towards the helpless victims. This has more than often resulted in a compromised system, where abuse, greed and sadism have propagated a fertile ground for corruption and eventually opening a door for favorism as well as nepotism. Tonry (2001) found that, these behaviors have negatively impacted on the entire system, translating, justice cannot be found within the avenues of the Australias CJS without money or political connections. More so, Wyngaert (1993) established that, lack of proper regulations have resulted in low morale among diverse members of the CJS as well as lack of adequate   training and resources needed to sustain a profound CJS.

Therefore, I am of opinion that, for the Australias CJS to be fair and effective, the government have to seek alternative means of handling diverse ethical and legal issues that the CJS have failed to cater for. It should be noted that, Australia is a nation that is known for its multicultural intergration, however, the CJS has been accused of entertaining the aspects of tribalism as well as ethnicity in as far as the execution of justice is concerned. It is vital to assert that, some communities are treated as aliens, whereas there are some complainants who are denied justice because of their economic and social status. This trend has resulted in a more fragile, unpredictable and compromised system.

However, if the entire Australian criminal justice can be overhauled through proper training of the CJS personnel as well as injecting the much needed resources, within the commonwealth community, Australia stands a chance of being a global center of fair and effective CJS. All in all, I am convinced that, if the government can accept to employ professionals in all arms allied to the CJS, perhaps, the current community dissatisfaction with the CJS could be contained. This is due to the fact that, diverse criminal justice experts would in one way or the other attempt to instill discipline, as well as employ effective standards regarding the broad concepts of the CJS and this would instrumentally change the Australias CJS landscape in relation to the community as well as the execution of justice in fair trial, senticing, remanding including the moral corrections in correctional centers.

Conclusion
Examining the Australias criminal justice in more critical manner, I am persuaded to assert that, the police force, courts as well as correctional centers have a profound duty of serving the Australians fairly and effectively without employing procrastination tactics in order to deny the injured the justice they seek. Thus, it is only through government intervention and the communal collaboration with the authority that can assist in preparing the ground for fair and effective criminal justice system
Without total participation of the government, the CJS will continue to remain unfair and incompetent in as far as it is concerned with the matters pertaining to the aspects of justice. Also, it would be unfair to assume that the Australias CJS is fair and effective, exploring the Australias case in comparison with the diverse members of EU in regard to EU legal structure, Australia lacks the capacity to provide fair and effective services in relation to criminal justice, despite its strong economic legislations under its Corporations Act 2001 (Cth). Thus, under EC laws and in particular the EU Regulation 12003 which inclusively deals with diverse scopes of legal injuries and remedies, Australia has to borrow from either the UK or Germany in order to have a strong but fair and effective CJS. Therefore, I beg to differ with the statement.

Comparing Japan and United States justice system

The United States legal system which developed into one of the most sophisticated legal systems in the world has its roots in the English common law. The system depends on the adversarial systems of justice in that the litigants present their respective points of view before a neutral party. The litigants represented by their respective lawyers or attorneys present their arguments before a court of judge and jury who then settle the case on the basis of merits of the case. A plethora of rules designed to foster fairness exist covering evidence, testimony and procedure. There are two levels of courts, the state and the federal which coexist and the case is tried in accordance with which law has been violated, state or federal. The criminal justice system of the United States comprises of three basic links, the police, the courts and the correctional facilities (Walker 1980).

Up to the Meiji restoration Japan in 1868 the Daimyo or feudal lords and public officials enforced conformity of the public to accepted norms of Confucian morality and behavior and not laws. The first publicly promulgated penal codes specifying offences and their respective punishments came in 1888 which were revised in 1907 bringing in German and French influences which continued till the Second World War. Thereafter, the occupation powers initiated legal and Constitutional reforms and the criminal procedure code was substantially revised to include the rights of the accused. Thus the Japanese legal system became a hybrid of continental and Anglo-American Law (Port,  McAllin, 2003).

Policing
The Police are primarily concerned with maintaining peace and public order and the enforcement of criminal law. For any violator the first contact with law enforcement is with the police who have the powers to restrain and detain.  The United States police was largely modeled on the London Metropolitan Police who were established through the efforts of Sir Robert Peel in 1829. Boston had a professional police force in 1838, New York in 1844 and other cities followed in the late 1800s.

Separate agencies exist at the local, state, and federal levels and set their own standards of selection, training and performance. Most police agencies are small municipal units many consist of only one, two, or three part-time police officers. Most of the countrys police officers, however, are employed by large municipal forces. The Federal Bureau of Investigation (FBI) in the Department of Justice provides information, aid, and training to state and local police agencies and grants funds to state and local police agencies for research, planning, and demonstration projects.

During the Meiji Restoration a centralized civil police system was established in 1874, under the Police Bureau within the Home Ministry to maintain public order. Within a few years the police had spread nationwide enforcing public morality. Their involvement in political affairs and civil administration gave the police a great deal of authority which was a base of the authoritarian state in Japan prior to the Second World War. After the war the Diet passed the 1947 Police Law and the police system was decentralized placing it under National Public Safety Commission in the Office of the Prime Minister.

Independent municipal forces were established in cities, towns, and villages with 5,000 inhabitants or more, and a National Rural Police was organized by prefecture. National Public Safety Commission guarantees the neutrality of the police force by insulating it from political pressures (Taylor 1997). It has the authority to appoint senior officials. Entrance to the police force is strictly on merit determined by examinations then recruits undergo rigorous training at a police academy.  After basic training police officers are assigned to local police boxes and for promotion, further course work is required followed by examinations. In-service training provides continuing education.  Those with upper-secondary school diplomas are eligible to take examinations for sergeant after three years of on-the-job experience. University graduates can take the examination after a year. The emphasis remains on community policing at the grass roots level.

Courts
Once an alleged offender has been detained by the police they are to be presented before a judge in a court in conformity with strictly laid down procedure. The procedure is adversarial in that a state appointed prosecutor presents the charges that a crime was committed along with the evidence incriminating the alleged offender, which the alleged offender has the right to refute or defend through his attorney, before a magistrate or judge. The judge, usually a person well versed in law, a person of high esteem who is expected to abide by a strict code of ethics. He hears both the sides and then issues a verdict based on the merits of the case as presented before him. In the United States, Congress has the power to create and abolish courts which have jurisdiction over civil and criminal cases pertaining to federal law. A federal court has a chief judge who has some administrative functions in addition to his or her regular duties. Chief justices for district and appeals courts have to be under age 65 and stay for seven years but not beyond age 70. Courts also have a retinue of other staff including court reporters, clerks and assistants, who are essential for smooth running of the system. The Clerk of the Court is the person responsible for maintenance of records, courts finances, administers the jury system, sends out notices and summons, and manages interpreters and court reporters. Federal judges are appointed by the President, they are confirmed by the Senate and their emoluments are decided by Congress (Hanes  Hanes 2005). Federal judges are appointed for life, with few exceptions or till they retire, resign or die.  The Supreme Court of the United States was created by the Constitution and it cannot be abolished. Congress may, however, decide how many judges are appointed but it cant change the powers given to the Court by the Constitution. The Judiciary Act of 1789 gave the Court one chief justice and five associate justices. Between 1789 and 1869, the number of justices on the Court changed six times but has remained nine since 1869. A person found guilty in a criminal court can appeal the ruling and be heard by the Court of Appeals. Both litigants may appeal in a civil case. In the Court of Appeals the appellant, has to show that the trial court made a legal error that affected the outcome of the case. The courts decision is based on the record of the case and no new testimony or evidence is presented and the courts decision is final. If someone loses in Appeals Court they can petition for a writ of certiorari which is a request to the Supreme Court to review the case.

The Japanese Constitution of 1946 gave legislative power to the Diet, executive power to the Cabinet whose members are collectively responsible to the Diet in the exercise of this power. The appointment the Chief Justice of the Supreme Court and other Court Justices and judges of lower courts are within the purview of the Cabinet. However, nomination of candidates of lower court judges from among whom the Cabinet appoints, including Presidents of high courts, and the assignment of judges to a specific court are reserved for the Supreme Court, which exercises authority through the resolutions of the Judicial Assembly. All judicial power is vested in the Supreme Court and lower courts established by law. The courts are the final adjudicators of all legal disputes, including those arising out of administrative actions between citizens and the state. The judicial system of Japan is composed of five types of courts the Supreme Court, high courts, district courts, family courts, and summary courts and these courts have their own jurisdictions as provided in law. The Supreme Court is composed of the Chief Justice and fourteen Justices. It exercises appellate jurisdiction of final appeal, and appeals against a ruling as provided specifically in the codes of procedure. In addition, it has final jurisdiction in proceedings involving the impeachment of commissioners of the National Personnel Authority.

Lawyers and Judges
In the United States, law is primarily taught at law schools, where a bachelors degree is a prerequisite for admission. Most law schools are part of universities but a few are independent institutions which award graduating students a J.D. (Juris DoctorDoctor of Jurisprudence) as the practitioners law degree. Many schools also offer post-doctoral law degrees such as the LL.M (Legum MagisterMaster of Laws), or the S.J.D. (Scientiae Juridicae DoctorDoctor of Juridical Science) for students interested in advancing their research knowledge and credentials in a specific area of law of their interest (Cooper,  Gibson, 1998). Lawyers are then required to join Bar Associations before they are permitted to practice their trade. 

The Legal Training and Research Institute is a training facility affiliated to the Supreme Court of Japan. The institute is responsible for research and training of judges, and the judicial training of legal apprentices. In Japan, those wishing to enter the legal profession must first pass the National Bar Examination to be appointed as legal apprentices (Article 66(1) of the Court Act), and then complete the requisite judicial training courses (Article 67(1) of said Act). The institute has an ongoing program of training of judges throughout the year.

Conclusion
Since 1945 there is a great deal of similarity between the United States and Japanese system of justice since the law reforms were instituted by the occupation powers. From the training and deployment of police forces to the workings of courts there are more similarities than differences.  In Japan there is a greater integration of the Police force with the populace. Their friendly and lenient attitude is matched by state-of-the-art technology for crime detection and illiberal attitude towards the guilty. It has helped Japan to keep a very tight control on crime.  There are differences in approach to training of lawyers and judges but in both cases it is merit that prevails and is the basis for promotion. In both systems the judiciary enjoys complete freedom from political or other pressure.

NICKY BARNES AND THE COUNCIL

1. FACTUAL SUMMARY
The individual who has been chosen for this paper is Leroy Nicky Barnes who is an African American who became a legend in the history of organized crime. Born in October 15 1993, he is a former crime boss and even drug dealer who was the leader of the crime organization that was notoriously known as The Council, which mainly comprised of African  Americans (Roberts, 6). He was even nicknamed Mr. Untouchable owing to the manner in which his operations were well calculated. He was once a dope addict, but later stopped the habit of using the drug and became a distributor of heroin, as a matter of fact a main one in Harlem, New York. In his autobiography that he wrote about his life, Barnes says that the first heroin that he ever sold was one that belonged to his father, which he was holding for dealing within the street corners. He managed to sell some of this heroine to the older guys within his neighborhood, and he managed to make some easy money, and this made him to even value heroine more (Roberts, 6).

Barnes later graduated to dealing for another dealer who was more established than him, whose name was Fat Herbie. This is the man that brought Barnes to the Italians with whom he made contact. With this connection, he was able to have heroine imported for him by the Italians, whose reputation for good heroine was good. In the 1950s, Barnes would make up to 1600 dollars a day from selling heroine packages, and managed to hire a security guy and some street dealers with the money that he got (Roberts, 6). He even bragged that his drugs was one of the best in the streets and kept the quality high, while ensuring that the cut was low. He claimed to know what addicts mainly wanted considering that he was once an addict himself. By the time it was 1959, people had started requesting for his packages and they were so famous that they had a name, and they were called that Nicky Barnes thing. This was his first step towards success, but it was short lived as he was arrested and sentenced to five years in prison in Green Haven State Prison, and this cut short his business operations (Roberts, 6).

While in prison he met another Italian who he had earlier been introduced to. His name was Matty, short for Matthew and he educated him on how to run a drug ring. He told him that to be organized he had to have at least 50 people working under him, as each person would act as a layer of protection (Roberts, 6). Three years later, Barnes was released and now that he had made some serious connections, he knew that he now had to make some big money. He was given a couple of things to start up his operation with including half a kilogram of heroine by Frank Madonna, and a car and house in which to stash his drugs in. he then managed top find seven strong men whom he included in his organization, since he knew that with strong men on his side it would all work. These men who later came to form the council included Frank James, Thomas Foreman, Joseph Hayden, Guy Fischer, Wallace Rice and Ishmael Muhammed (Roberts, 6).

2. BUSINESSES
Barnes later graduated to dealing for another dealer who was more established than him, whose name was Fat Herbie. This is the man that brought Barnes to the Italians with whom he made contact. With this connection, he was able to have heroine imported for him by the Italians, whose reputation for good heroine was good. In the 1950s, Barnes would make up to 1600 dollars a day from selling heroine packages, and managed to hire a security guy and some street dealers with the money that he got (Barnes, 352).. He even bragged that his drugs was one of the best in the streets and kept the quality high, while ensuring that the cut was low (Barnes, 352).. He claimed to know what addicts mainly wanted considering that he was once an addict himself. By the time it was 1959, people had started requesting for his packages and they were so famous that they had a name, and they were called that Nicky Barnes thing. This was his first step towards success, but it was short lived as he was arrested and sentenced to five years in prison in Green Haven State Prison, and this cut short his business operations (Barnes, 352).

The manner in which the business between Matty and Barnes was operating was very organized and well planned (Barnes, 352).. Matty would park a car that was filled with drugs at a spot that was pre arranged, then the key would be passed on to Barnes, who would then send one of his men to drive the car to the destination and sell the drugs. The car would then be taken to another pre arranged spot, this time filled with money and the key passed on to Matty. In this way, they both managed to make millions of dollars in their operation (Barnes, 352).

3. Theory
Rational choice theory is one theory that seems to fit into this organization which is The Council or even the case of Barnes. This theory is of the notion that man is a reasoning individual who tends to weigh the beliefs and costs the means and the ends and makes a choice that is most rationale according to his understanding (Abadinsky, 98). This theory is related to several other theories including the drift theory and even the systematic crime theory. The theory states that in order for crime to take place there has to be three elements that have to be present and offender who is motivated, a target that is available and suitable and finally the lack of an authoritative figure that is capable of preventing the crime from taking place (Chainey, 20).

This theory fits into the case of Barnes and The Council, more so considering that the motivation that Barnes had was to be successful, the target available was the drug addicts that were present in Harlem and the law enforcers were unavailable to stop their operations. Barnes also used reasoning to weigh the profits and losses in all his decisions, and this managed to define his success.

4. LAW ENFORCEMENTS RESPONSE
Apart from the short three year stint that Barnes served in Green Haven State Prison, Barnes and some of the member of his crew were arrested, with Barnes being sentenced to life. He was charged with the crime of heading a criminal enterprise and also fined 125,000 dollars (Abadinsky, 67).

Qualitative Social Research Gender, Crime, and PunishmentChapter Ten Summary

Justifying the punishment of men
This paper presents an analysis of the sentencing remarks of twenty six men with a fine collection of key offences, describing their content with the sentencing they received. The aim of the study was to observe how legal justifications were connected to the theories of punishment (202).

 Ninety percent of men who were sentenced arrived in the court room with an agreed recommendation or a cap, majority of who did not express remorse or admit guilt. Two thirds of defence attorneys offered positive comments about their client and one third of them cited drug addiction and alcoholism as the defendants major problem. Judges were not optimistic that the accused would change Only two thirds of judges offered a justification for sentencing (203).

A number of gender differences were evident in the rulings. First, more men arrived in the court room with agreed recommendations or a cap as compared to women (205). Secondly, despite the fact that drugs and alcoholism were stated as the defendants major problem for more women than men, judges still gave more positive and optimistic remarks on women than men (206). Thirdly, while the judges lectured men more when sentenced to non-jail terms than when incarcerated, they lectured most of the women equally whether they were sentenced to jail or not. Furthermore, women admitted guilt more easily than men which could be the reason why the officials thought they were more re-formable than their male counter parts (229).

Although some of the cases presented were passionate and poignant, this did not deter the sentencing that was passed by the judges (206, 207). The judges did not consider factors that were cited for pleas (such as minority, self defence or hardships) but they maintained that harm caused had to be punished (208, 209). Retribution and deterrence are the two principles that the judges followed in sentencing the verdicts, regardless of whether they were male or female (211).  Most of the sentences that depicted retribution also comprised of special deterrencethe sentencing remarks for Barry, Maurice, Lester, and Ralph demonstrate how justifications based on the harm can be either stretched or constricted depending on individual qualities (212). The case of Barry also illustrates that a victims photograph showing the injury caused provides sufficient evidence for passing a sentence (212).

Non jail sentences were mostly passed in cases where the defendant was a pawn in crime initiated by another or defended himself largelysuch as in the case of Richie and Shane (217, 218). However, there were some factors that determined the kind of jail term the offenders were sentenced to. Such factors included evidence of good morals, presence or absence of prior convictions, the circumstances surrounding the occurrence of the crime, and the defendants social background (218).

After classifying the men convicted in the cases presented, seven were classified as troublemakers Ron, Andrew, Carl, Clarence, Simon and Charles. Troublemakers were divided between men moving into lawbreaking and street men while those considered as re-formable characters found themselves in the court room by pathways distinct from street life (224). The other nine were classified as hardened criminals and a threat to society Jack, Antonio, Wayne, Lester, Casey, Ronnie and Barry. Officials considered the cases represented by Scott, Riche, Georges, Maurice, Shane, Ralph and Larry as incidents which were out of control (223) and viewed the defendants as re-formable. Finally, the evidences in the cases of Wade, Tyrone, and Enrico were too meagre to constitute proper sentencing (223).

There was evidence of racial differences in the judgments whereas four of five white convicts were considered re-formable, only three out of eighteen black convicts were considered so (225). Conversely, black women did not differ with white women in their potential to reform. Although the sentencing judge defined harm depending on the level of physical injury caused, other factors such as the relationship between the victim and offender, the victims wishes for sentence and the victims responsibility for restitution were crucial in determining their verdict. The practices of sentencing in new haven felony court support Morris hybrid model (1981) of harm-based contemplations (230).

Conclusion
The procedure of sentencing criminals used was fair because there were no gender biases that were made while passing sentences What mattered were retribution, restitution and deterrence. It is evident that there are more hardened criminals who are black than white and those female criminals (whether white or black) are more re-formable. The theories of punishment were well linked with the judicial justifications of the cases studied since the aspects of retribution, deterrence and restitution were the major determinants of the rulings.

Procedural Justice System in the United States

Procedural justice unlike procedural due process is a psychological concept that influences the perceptions of procedures that are used to make decisions. Procedural justice system is the fairness employed in settling of dispute and allocation of resources. It is involved in the administration of justice and legal proceedings. It may as well be used in the informal resolution of conflicts or even divided benefits. It is concerned with the fairness and accountability of the processes which are involved in decision making. In the administration of the justice it is required that all the parties involved in the dispute are given a chance to be heard and this constitutes to what is commonly referred to as a fair trial. This paper keenly evaluates the procedural justice system in the United States of America.

In the mid 1980s procedural justice researchers focused primarily on the structural characteristics of formal decision making procedures and they paid  little attention to the interpersonal factors.(Walker et al, 1975) Empirical studies have shown that people will accept unfavorable judgments as long as they believe that their right to be heard was not violated. Employees feel more satisfied when their voices are able to be heard. (Greenberg et al, 2005) This would therefore mean that procedural justice strongly influences the legitimacy of the institutions processes. The concept of procedural justice therefore has many forms and is applicable in numerous cases. Procedural justice encompasses three distinctive concepts the perfect, the pure and the imperfect procedural justice. (John, 1971).

For the pure theory there are no criteria for the outcome besides the procedure itself.  In the perfect case there is a criterion for a fair trial and a procedure that guarantees a fair outcome. The imperfect has a criterion for a fair trial but not a method to guarantee a fair outcome. The theory of procedural justice is usually controversial with ranging views on what constitutes of a fair trial. These views fall under three families, the outcome model, the balancing model and the participation model. The outcome model is dependent on the fact that the process produces the correct outcome. The balancing model is based on the idea that there is a balance between the outcome it produces and the cost of producing it. The participation model is based on the fact that those who are affected are given an opportunity to participate in the making of the decision. For fair procedures a procedural justice must fulfill the following consistent, bias-suppression, representativeness, accuracy, accurability and ethical. (Edgar et al, 1988).

Similar judgments for similar cases independent of all the other factors will make the procedural justice to be more credible. Procedural justice has significant influences on the peoples attitude, values and cooperative behaviors. People want to maximize their control over decisions that determine their outcomes when interacting with others. (Tom  Steven, 2000). The procedural justice system requires that those who are affected by the decision have adequate access to the information that will be used to make the decision. The demerit is that explanations as to why a certain decision is taken usually happen after the decision has already been made. In procedural justice one also has the right to be represented and in so doing the procedural justice credibility is held up high. Procedural justice is differentially important depending on the context within which a decision is being made.

The procedural justice has not been without challenges with some people seeing it as a measure of status and they therefore use it to gauge how influential they are by the judgments they receive.(Tom  Steven, 2000). In essence people want control the outcome when there is a decision involving others that has to be made. Others want the chance to make their ideas known at such forums because they believe that they are given the opportunity to talk to those in high status.

Conclusion
The concept of procedural justice has become more popular with organizations that study the behaviors of their employees however the balancing test may lure an organization into expensive and unnecessary procedures in an effort to improve the employees perception of procedural justice.

Human Trafficking

Methods employed in data collection
Human trafficking is a criminal act where offenders engage in recruitment, transportation and harboring of persons, through coercion, abduction or deception with the sole aim of exploiting them. Although human trafficking is the worlds second most profitable criminal activity after drug trafficking, it is gaining a lot of popularity to become the worlds most growing criminal act (Territo and Kirkham, 2009).

In 2001, the government of the United States, through the department of justice, conducted various methods of data collection on human trafficking. These methods included interviews to 186 United States embassies and consulates, reviewed documents, and also targeted focus groups. The reports from embassies echoed the discussions with host governments, immigration executives, journalists, policemen, local NGOs as well as the victims. Some of the reviewed documents were the press, NGO and government reports. Other reports that assisted in data collection came from the International Organization for Immigration, Human Rights Watch, regional bureaus and the intelligence community (Clawson, Layne and Small, 2006). 

The following year, a team comprising of members from the Department of Justice, Department of Health and Human Services, various bureaus, Human Rights and Labor and government agencies was incorporated into the data collection activities. In addition to this, the Department of State added regional site visits to its data collection activities in 2003 and made a trafficking database that contained specific information on human trafficking (Clawson, Layne and Small, 2006).  These activities were additionally fine-tuned in the year that followed, by employment of a simulation technique to generate estimates on the prevalence of human trafficking.

According to the report from the research, the total revenue for trafficking in persons is estimated to range between  5 billion to  9 billion dollars in America with a global annual market of about 43 billion (Clawson, Layne and Small, 2006). 

According to Justin and Holcomb, there are over 18,000 foreign nationals who are trafficked to America annually. It is also estimated that over 600,000 men, women and children are trafficked across international borders annually (Clawson, Layne and Small, 2006). The number is increasing by the day, often being fueled by commercial gain by the perpetrators.

In addition to this, trafficking also occurs to American citizens. It is estimated that over 300,000 American children are at risk of trafficking into the sex industry annually (Clawson, Layne and Small, 2006). This number was quite insignificant some decades ago, but it is now on the rise. Currently, there are about 10,000 forced laborers in the United States of America.

How recruitment is done
Human sex traffickers target vulnerable young girls and women such as the homeless or runaways. They also target immigrants in United States of America, by placing themselves strategic positions such as airports, train stations and hotels (Harvard Law School, 2007). These criminals are usually well dressed, educated and well mannered as a disguise to make their victims feel at ease. Consequently they seduce them by offering false promises of love, protection, good education, fancy cars and exclusive nightclubs.

Result of Human Trafficking
Victims of human trafficking are destined for exploitation, usually in form of sexual harassment, forced labor and modern day slavery (Paris, 2007).Often, women after abduction are forced to have sex with dozens of men a night in the brothels, a situation that makes them become engrossed into the slave world of sex ( Kara, 2009). Modern day slavery which results from human trafficking has left more than twenty-seven million humans today, around the world in slavery, the highest concentration being in America (Bales and Soodalter, 2009).

Interventions
As a result, there a number of measures that needs to be taken to mitigate this problem. The young people especially students, should always be mindful of those whom they interact with. They are advised to get informed and enlighten others, especially immigrants, about sinister motives that are so much hidden by the traffickers first impression (March, 2010).

It is also advisable for them to join local or state anti-trafficking movements, where they will learn more on the best mechanisms to use to avoid victimization (Morehouse, 2009).These among other measures by the government, such as heavy punishment to the offenders, have been very productive in preventing human trafficking in United States and will result to its significant decline (The Crisis, 2001).

SEQ CHAPTER Alternative Justice in Focus

A survey of new methods and their potential

Notions of what justice is are always evolving. There always questions as to whether the criminal justice system is capable of providing true justice. There are three constituencies involved - the offender, the victims and the community as a whole. Providing justice to all three is a tricky proposition. In recent years, some communities have tried to implement more holistic systems to serve victims and perpetrators.

Restorative justice is one way in which communities have tried to go beyond the lock em all up notion of criminal justice. Generally stated, this type of justice seeks to rehabilitate offenders within the community while also allowing victims to seek restitution in various forms. This paper will discuss various forms of restorative justice and evaluate the potential of such methods as shaming and peacemaking as alternatives to traditional criminal justice system treatments.

Why Alter4native Methods
The resources of the criminal justice system are being stretched to their limits. In the vast majority of cases plea bargains are taken in lieu of criminal trials. Since the war on drugs began all phases of the justice system are being strained. The plea process makes the system more efficient, but whether it affords justice is another question. According to Boutellier The demand for criminal justice cannot be fulfilled by the traditional criminal justice system it is too limited in scope, means and effectiveness (1996).

Justice for the victim may in some cases be a casualty of the current system. Rarely can victims have all their questions answered and feelings expressed in the courtroom context. In recent years, criminal justice research has focused on alternative methods to achieving justice. The purposes are twofold. First, alternative justice aims to give crime victims a greater voice and more participation in the resolution of their cases.

Secondly, it tries to address the root causes of crime and explore avenues of rehabilitation for the offender. An important side benefit is that the more of these cases that can be handled by alternative means the less the strain on the traditional criminal justice system. These are currently still just theoretical constructs but alternative justice methods have shown some promise.

New Methods
In some cases victimoffender conferences are used to bring the two sides together in a professionally mediated forum. The victims needs take precedence and the offender is expected to admit guilt. A restitution plan can then be set up between the parties. The victim is provided with an ongoing support network in order to process the events and facilitate forgiveness.

The offender may be able to decrease or eliminate his jail time for participation in the conference format. The offender also gets to talk openly, as facilitated by the mediator, about the events and what caused them. This can be an important factor in preventing recidivism. One study found that offenders who felt that police had not taken the time to listen to their side of the story were 36 more likely to be reported for assaulting the same victim (Sakai, 2003).

Shaming is a technique designed to increase offender awareness of the damage they have caused and ultimately re-connect them with the community. Reintegrative shaming requires both an offender admission of guilt and the eventual forgiveness of the community. Research results on shaming are spotty at best. Zhang and Zhang found that neither parental nor peer reintegrative shaming had the effect of reducing predatory delinquency (Zhang and Zhang, 2004). If justice is defined in solely statistical terms it would appear that shaming is not an effective tool. Researchers point out however that in combination with other expectations reintegrative shaming can help to re-set community expectations which could decrease crime in the long run.

The concept of shaming is based in part on Procedural Justice Theory. Under this framework a key element of the process is to convey respect to the offender, not for his actions but for him as a human being. During shaming and conferences the offender can enlist support from people to speak on his behalf in a way not present at criminal trials, which are solely focused on character assassination.

In Canberra Australia methods such as these have been used to address youth offenders without stigmatizing them. It is still a question as to how these methods are reflected in hard data. None the less citizen satisfaction with the fairness of these methods remains high (Sakai, 2003).

Peacemaking is a technique based on traditional Native American practices. This method usually takes the form of discussion circles. The circle includes the victim and the offender along with supporters of both. Other community members with a vested interest may also be present. A structured dialogue then takes place.

An object called a talking piece is passed around the circle and used to stimulate the discussion. The absence of tables and other furniture is meant to foster feelings of openness among the group. Participants are only allowed to speak when they have the talking piece. Interruptions are not allowed. The goal of the circle is to reach a consensus on what will happen to the offender and what community responsibilities are going forward.

Potential Problems
Shaming done improperly or without effective reintegration risks stigmatizing an individual permanently. This can have the opposite of the desired effect where the offender begins to think of himself as a career criminal because that is all society allows him to be. In that case shaming is no better than imprisonment. Shaming without emotional repair for the offender can in fact be dangerous. It can send the offender into a never-ending cycle of shame and anger. These are two emotions closely associated with criminal behavior.

Many things can go wrong in a conferencing process. The process can, in some cases, result in the victim being even more frightened than they were before. In cases where there is not effective mediation the session can descend into chaos. Offenders may become uncooperative. Sakai writes that offenders who failed to apologize during conferences were three times more likely to reoffend (2004).

Due to their open nature, peacemaking circles are only appropriate for a limited range of offenses. They require a concerted effort of all in order to function well, especially given the unfamiliarity of this method to most Americans. They may be an effective tool to re-engage young low-level offenders with the community before they go on to commit more serious crimes.

Conferences lack some of the procedural safeguards that are present in the court system. Innocent defendants could choose restorative justice simply because they see it as the best option. Once an offender enters restorative justice they are presumed guilty without the evidentiary safeguards they would have in court. For some types of crimes restorative justice is an awkward fit. For victims of domestic violence Nothing in existing research suggests that the change process for batterers is affected through a couple sessions with the victim andor members of the community (Frederick and Lizdas, 2003).

In its current forms restorative justice is not set up to provide the long-term services victims like these need. Frederick and Lizdas conclude that restorative justice practices are not primarily designed to account for (or protect from) the real and ongoing risks battered women face long after the crimes have been committed against them (2003). Differing motives for entering restorative justice formats may also compromise their effectiveness. Technically the process is voluntary for both offenders and victims. Offenders may be pressured into it by the potential consequences of not agreeing to it.

Whether they can communicate openly and truthfully and become empathetic to the victim is very much in question. Repeat offenders have often developed a thick shell and become masters of deception. Victims may enter the program solely because it gives them a chance to vent anger on the offender. If this is all they wish to accomplish then the ultimate goal of preventing future offences will not be reached by this method.

Analysis and Conclusion
On the effectiveness of restorative justice and techniques like shaming and peacemaking the results are mixed. Part of the reason for this is the shifting definition of justice. Restorative justice, for example, is a process that focuses on the needs of individuals. Justice related needs among victims and offenders vary widely.

The degree to which these techniques meet a community standard of justice is also unclear. Sakai believes that research does demonstrate both the promise and the perils of restorative justice 2004). There is the potential for alternative justice methods to match up well with community and individual needs. For domestic violence Many of the principles and much of the language of each movement resonate for the other (Frederick and Lizdas, 2003).

Typically, research has focused on comparing one type of restorative justice against another on a purely empirical basis. More work needs to be done on how to integrate ideas from varied programs into a cohesive framework. More study also needs to be done on long-term outcomes for victims, offenders and the community as a whole.

Restorative justice is a philosophy rather than a specific method. Its hallmark is, and has to be, flexibility. The jury is still out on the effectiveness of restorative justice and other non-traditional methods of criminal justice. None of these methods is likely to lead to a wholesale change of the criminal justice system. Alternative methods have shown some potential with certain people in certain situations.

Any community seeking to use these methods must study their own community thoroughly while also assessing all available information on the particular method it wishes to employ. Something will need to be done in the future to lessen the strain on the criminal justice system while also protecting the rights of individuals. Restorative justice is one potential tool for doing this, but it must be done with extreme diligence and care.