tag:blogger.com,1999:blog-13801302089887160942024-02-20T09:44:42.670-08:00Criminologybloggerhttp://www.blogger.com/profile/00959827063701472131noreply@blogger.comBlogger863125tag:blogger.com,1999:blog-1380130208988716094.post-23634783673988931752018-03-03T02:10:00.004-08:002018-03-03T02:10:52.248-08:00ANALYSIS OF ROBBERY USING MERTONS STRAIN THEORYIntroduction<br />
Merton used functional analysis as a strategy for his researches to study the socioeconomic conditions facing the current society. He expanded on Durkheims views to explain the reasons that lead individuals to commit crime in society. Durkheim claimed that crime mostly happens in societies that are experiencing changes in their structure and organizations as a result of the lack moral norms (Merton, 1957, VBS). Merton expanded this to cover the adaptations that individuals practice in their attempts to link the imbalances between their culturally believed ways of attaining economic success and the structural possibilities of achieving them in the society.<br />
(100 words).<br />
<span style="white-space: pre;"> </span><br />
Overview of research on Crime<br />
Definition of robbery<br />
Robbery refers to the crime of taking or attempting to acquire anything of value that is not lawfully yours through force or using threats. It usually entails depriving the victim of the property completely. It is characterized by lack of consent from the victim and the offender always has the intentions of stealing. It can occur anywhere and anytime because there is neither deliberation nor predetermination. The use of force or intimidation is required to execute a robbery offence. The amount of force applied during the act differentiates it from simple theft. Robbery occurs in different types armed robbery characterized by the use of weapons, home invasion robbery which happens at residential places, piracy which is war-like and is mostly committed on sea-vessels, carjacking, highway robbery and extortion whereby victims are threatened with consequences that they will face if they fail to compromise with the demands of their offenders(Allen 2005).<br />
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Statistics on crime and the participatants<br />
According to the statistics of FBI Uniform Crime Reports of 2006, the 447,403 crimes cases were reported to the police. This shows that high population density is directly related to higher crime cases. The US Department of Justice estimated losses from robberies to be nearly 539 million. Anybody can engage in robbery so long heshe is able to execute the required amount of force. Statistics have shown that most robbers are male aged between fifteen and thirty years (Mcgoey et al, Crime Doctor).<br />
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Reasons why individuals engage in crime<br />
Individuals have different reasons for committing robbery acts. The motives are in one way or another related to fulfilling what they lack or is aimed at getting what they have failed to achieve by following the structures required by society. It might also be poverty related or caused by family structures. Inequality in society such as the unequal distribution of resources leads to creation of social statuses. As a result of this unequalness, individuals are faced with the desire to achieve more and more wealth so that they can achieve status recognition.<br />
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In their attempts to conform to the societal set standards, individuals follow the rules in their pursuit of achieving their goals. They go through the education system and if they are lucky to be employed, they conform to the work ethics. Others will create new mechanisms to attain their goals using alternative means as opposed to those related to the structures of the society (Messner et al).<br />
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Competition increases and individuals are forced to new adaptations. The reasons may include the need for money and property that will put them in a defined standard, the influence from their peers, lack of a regular source of income, the availability of opportunities to fulfill their dreams and in such cases they view the rewards from the crime as exceeding the risk involved. Family structure can also influence individuals into committing robbery acts. Individuals raised in families faced by poverty are more likely to device faster ways (such as robbery) of achieving resources to get them out of poverty. Most criminals usually come from families which are not united, and are usually categorized into the lower class. Drug use might also force individuals into engaging in criminal acts. The drugs usually affect their mental systems leading them to rejecting the structures that exist in society and they choose to live in solidarity.<br />
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Application of theory to the research<br />
The reasons that lead individuals into committing robbery acts are related to Mertons adaptations (Merton, 1996). Societal structures usually force individuals to conform to the set standards and procedures of achieving their goals. This can be related to conformity that was used by Merton. Inability to achieve goals might lead individuals to resort to robbery as an alternative means. There is also a group of individuals who are bored and dissatisfied with the end result of acquiring more wealth but will still follow the standards set by the society. In an attempt to fulfill their satisfaction, robbery will be their best alternative. Merton also described a category of retreatists and rebels who see no value in the means required to achieve goals and also the achievement in it. Retreatists are categorized by those individuals who have discriminated themselves from the society and do not engage in any activity related to the society. Majority are drug addicts. The rebellious individuals are those who try to change society using they own rules. They believe that they cant achieve their goals using the means described by the society as being legitimate. Good examples are organized gangs which commit planned robberies.<br />
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Conclusion<br />
It can clearly be seen that Mertons strain theory is relevant in explaining why individuals commit robbery in the current society. The adaptations argued by Merton fit the different categories of ways in which individuals in society use to achieve their goals. By categorizing individuals into five groups depending on conformity, innovation, ritualism, retreatism and rebellion. The answer to the meaning of robbery, how to identify the participants are realized. In addition and explanation to the likely reasons that encourage people to engage in robbery is sought. Finally the paper gives the answer to the main motivation behind the formation of organized gangs. (103 words).bloggerhttp://www.blogger.com/profile/00959827063701472131noreply@blogger.com0tag:blogger.com,1999:blog-1380130208988716094.post-80124600048181809642018-03-03T02:09:00.000-08:002018-03-03T02:09:55.764-08:00The Effectiveness of Training in Controlling Precursor Behaviours Leading to Excessive Use of Police ForceThe investigation evaluates the effectiveness of training for police officers in controlling behaviours that lead to the excessive use of force in the conduct of their work. The evaluation study will respond to the questions on whether training specific to excessive use of force helps decrease precursor behaviours to excessive use of force and on whether the behavioural effects of training are sustainable. The research will employ quasi-experiment with two groups of 30 patrol officers each, from two police departments in similar communities selected through stratified sampling, comprising the experimental and control group. The quasi-experiment involves a pre-test, training, and post-test using a self-report questionnaire. Data will be analysed using descriptive statistics and t-test to determine effectiveness based on the results for the two groups and the results for the experimental group in the post-test administered 2, 4, 6 and 8 weeks from the training. <br />
Keywords excessive use of force, precursor behaviours, training<br />
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Problem<br />
The use of excessive force by police officers is a serious issue. Complaints on the use of excessive force and resolutions of these complaints reflect on the professionalism and accountability of law enforcement. The issue touches civil and political rights to bear down at the core of democracy. The issue of use of excessive force intensified with complaints being lodged against police officers in different parts of Australia (Kleim, 2006 Australian Associated Press, 2009) and court decisions finding excessive use of force (Australian Indigenous Law Reporter, 2001 Barry, 2010). These complaints and decided cases support the use of excessive force by police officers as an issue. <br />
The United Nations (2009) produced a paper on the state of the civil and political rights in Australia based on the reports of the state and the observations reported by the Human Rights Committee. One of the conclusions is the need to address the use of excessive force of police officers especially towards minors and individuals belonging to ethnic or indigenous groups. The recommended solutions were to establish an investigation team and to provide training to police officers. <br />
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Intervention<br />
Training is the intervention considered for evaluation in the current study. Training involves the component of learning (Scrivner, 1994). Police officers learn about excessive use of force so they can exercise good judgment in not using excessive force given different situations. The training also involves the component of practice (Scrivner, 1994). Training modules available include physical exercises through role-playing or simulation on police work without using excessive force. Training also include the stress relief and management component (Scrivner, 1994) to help police officers handle stress well and prevent stress as a precursor to excessive use of force in doing police work. Evaluating the effectiveness of training informs on how well training can control the behaviours that lead to the excessive use of force to prevent incidents of police officers exercising excessive force in doing their duties. Benefits of training can be optimized and limitations can be addressed through improvements in the training program or augmenting training with other interventions.<br />
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Evaluation Study<br />
The investigation evaluates the effectiveness of training for police officers in controlling behaviours that lead to the excessive use of force in the conduct of their work. The succeeding sections review the literature to define the topic of investigation, establish the importance of the study, and determine the research questions and hypothesis. A discussion of the methodological framework of the evaluative study also follows. The last section summarises the plan for the investigation.<br />
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Literature Review<br />
Excessive Use of Force<br />
The underlying assumption of excessive use of force by police officers is the existence of the power to use force (Alpert Smith, 1994). Police officers have the authority to exercise force in fulfilling their duties to ensure peace and order in the community (Wolf, 2000) such as by arresting people who commit crimes, dispersing brawls, and controlling other activities inimical to the security of individuals and society. By having the authority to use force in the conduct of police work, excessive use of force is the abuse or malpractice of this authority.<br />
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In recognizing the necessity of considering context, excessive use of force is the unwarranted or unnecessary use of force and overstepping of the limits of authority (Alpert Dunham, 2004). This stresses on the illegitimacy of the excessive use of force. It is broad and open to various situations that can comprise excessive use of force and requires judgment, which fall under the role of the justice system such as tribunals and courts (Bennett Hess, 2007). An effort to provide a more specific understanding of excessive use of force is the policy of the Miami-Dade Police Department to require the filing of a report in case of the use of certain techniques or if particular situations arise. These techniques and situations are those likely to involve excessive use of force. Police officers make a report on situations that likely or actually resulted to injury or a complaint, when struggle or resistance leads to injury, and when using chemical agents, baton and neck restraint. (Alpert Dunham, 2004)<br />
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The determination of the exercise of unnecessary force or the overstepping of boundary is important in the judgment over the use of excessive force. One means is the use of the proportionality principle, which provides that the action or reaction should be proportional to the stimulus (McPherson, 2006). This applies by considering the number of people involved, the relative state of the parties involved, and the relative situation. Information on these factors, based on the perspectives of the parties, determines the proportionality of the means employed by police officers in relation to the other party and the situation. Another related principle employed in determining excessive use of force is the reasonableness test, which considers whether actions fall under the limits of what constitutes reasonable given the situation (Alpert Smith, 1994 Alpert Dunham, 2004 Bennett Hess, 2007). The question that this test answers is whether a reasonable man would do the same act given a similar situation (Bennett Hess, 2007). <br />
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The use of excessive force by the police finds explanation from three perspectives. One reason is the individual traits of police officers (Friedrich, 1980). Traits such as narcissism, paranoia, and abusive attitude support the tendency towards excessive use of force (Scrivner, 1994). A second reason is the resulting situation when police officers meet civilians (Friedrich, 1980). Factors such as violence, resistance, struggle and threat are issues emerging in situations involving police officers and civilians that determine the use of excessive force (Bennett Hess, 2007). The last reason is the organization and environment within which police officers work (Friedrich, 1980). Very strict policing styles, poor supervision, and complacence over accountability are work conditions that can breed excessive use of force (Scrivner, 1994). These three explanations for the use of excessive force by police officers provide the causes of this issue as well as the areas of focus in addressing this issue.<br />
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A study (Adams et al., 1999) attempted to measure the amount of force exerted by police officers and against them during arrests through the weapons and techniques employed. The study identified four levels of force, from the weakest to strongest, as physical force, physical force with threats, continuum of force, and maximum force. The study found that while police officers use force, these fall under the weaker levels of force. While the use of excessive force comprise the exception in the behaviour of police officers, the commission of this act has dire implications on law enforcement and the role of the police in society (Alpert Dunham, 2004). This supports the excessive use of force as a significant issue that requires resolution.<br />
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Training<br />
A number of solutions to the excessive use of force exist. One is pre-employment screening to select the people fit for law enforcement and to determine the people at risk of excessive use of force (Scrivner, 1994 Anderson et al., 1998). The results of pre-employment screening can lead to interventions for at-risk individuals (Greene, 2007). While this is one solution, law enforcement cannot rely solely on pre-employment screening because risks can develop during the course of career as a police officer so that testing of existing police officers is also important (Scrivner, 1994).<br />
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A study on controlling the use of excessive force by police officers showed that screening and testing identified five profiles prone to violence that also comprise the precursors to excessive use of force (Scrivner, 1994). Addressing these precursors goes to the root of the problem. The profiles are 1) personality disorders such as narcissism or egocentrism, 2) work-related experience such as trauma, 3) inexperience and immaturity, 4) inappropriate policing styles such as provocative responses, and 5) personal problems such as death, divorce or financial difficulties (Scrivner, 1994). These precursors can exist before and during employment as police officers. Screening and testing identify these precursors for individual police officers and identify the appropriate interventions. <br />
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An intervention receiving increasing attention is training. The forms of training vary. There are training programs that address the problem at a broad level by fostering ethical practice, strengthening community relations, and enhancing law enforcement techniques that do not require force. These forms of training have indirect impact by influencing the precursors to excessive use of force. There are also training programs intended to create change in the attitudes of police officers and the work environment, such as community partnership policing that bring communities and law enforcement closer, to address excessive use of force indirectly. Better community relations build positive conditions to control the precursors of excessive use of force. (Adams et al., 1999) Training program can be multidimensional to control various precursors of excessive use of force. Training applies adult learning principles to build knowledge, awareness and informed decision-making together with opportunities for application through role-playing and simulations. Training also focuses on stress management and competency building to prepare police officers in dealing with various situations more prudently. (Scrivner, 1994)<br />
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There is variance in the training implemented by law enforcement authorities particularly the extent of focus targeting the solution to excessive use of force via its precursors (Scrivner, 1994). Moreover, training programs do not often come with comprehensive evaluations to determine impact on addressing the issue of excessive use of force (Adams et al., 1999).<br />
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Research Questions and Hypotheses<br />
Research Questions<br />
1) Does training specific to excessive use of force helps decrease the incidence of behaviours that precede such use of excessive force<br />
2) Can the behavioural effects of such training be sustained over time<br />
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Hypotheses<br />
1a) Training specific to excessive use of force helps decrease the incidence of precursor behaviours through awareness and knowledge building.<br />
1b) Training specific to excessive use of force helps decrease the incident of precursor behaviours through practice given different situations.<br />
1c) Training specific to excessive use of force helps decrease the incident of precursor behaviours through stress management and competency building.<br />
2) Behavioural effects of training are sustainable when training focuses on excessive use of force.<br />
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Methodology<br />
Evaluation Site and Subjects of the Study<br />
The evaluation site is police departments whose law enforcement officers hold the authority to use force in the course of their work. Doing the training evaluation in police departments provides first-hand data on the effectiveness of training in controlling precursor behaviours leading to the excessive use of force based on the outcomes for participating police officers. <br />
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The subjects of the study are patrol officers purposively selected. Patrol officers are the target participants of the training because these do general police work and likely to encounter different people and face various situations. The police officers to participate in the study should meet certain inclusion criteria to qualify as a subject (Creswell, 2008). In the study, the police officers should 1) have at least a 2-year tenure, 2) currently be in a field assignment or duty (vis--vis an administrative post), and 3) express willingness to participate in the study. Meeting the field assignment criterion ensures that the training participants are officers doing work in the field and directly dealing with civilians and situations with civilians. Compliance with the criteria on tenure ensures a common factor for all participants. Willing participation supports the validity of the results.<br />
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Evaluation Design<br />
The study shall adopt a quasi-experimental research design involving two groups and using pre-test and post-test. A quasi-experiment adopts most of the characteristics of an experiment but without having full control over extraneous variables (Creswell, 2008). The use of this research design was because of the difficulty of using randomization and having equivalent or highly similar groups. Extraneous variables such as age, ethnic background, and similar variables may not be subject to full control in the study. Nevertheless, employing quasi-experiment supports the determination of the impact of the treatment to inform on its effectiveness.<br />
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The quasi-experiment involves a comparison of two groups of patrol officers. One group shall act as a control group representing the absence of training while the experimental group shall involve subjects who shall undergo training. The groups shall be from the police force of two contiguous and similar communities in terms of population and population characteristics. Doing so ensures having a comparable group to determine effectiveness based on relative outcomes. <br />
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Determining the effects of training over time shall be through a pre-post test. A pre-test of the two groups will happen prior to the treatment by using a questionnaire. The two groups will complete a questionnaire asking them about the frequency with which they exhibit behaviours that predispose them to the use of excessive police force. It is expected that there are no significant differences in their scores to establish homogeneity between the two groups. The next phase involves the intervention to be carried out by a police psychologist. The timeframe for monitoring effects through a series of post-tests is only at 8 weeks. The same set of questionnaires shall be administered to the experimental group within 2, 4, 6, and 8 weeks following the training session. This will be carried out to determine the outcomes of the training on behaviour over time and to ascertain their implications to the conduct of follow through training. <br />
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The police officers forming part of the groups belong to the same police department. Talk about the training and the evaluation may happen. There may be a tendency to copy or influence responses to affect the validity of the study. Nevertheless, the questionnaire involves self-reporting and requires the respondents to focus on their personal experience. This together with guarantees of confidentiality could encourage self-reporting based on their own opinion and experience.<br />
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The lack of full control of extraneous variables and the limited number of participants could affect the reliability of the study. Consideration of the extraneous variables and having more participants could affect the results. Nevertheless, the use of stratified random sampling supported comparison between the groups and random selection of participants representing the patrol officers of the two police departments. <br />
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Population and Sample<br />
The Australian police force is the population of the study. However, for pragmatic purposes, only a sample of police officers shall be enlisted in the study. Police officers in two contiguous and similar communities comprise the population sampled using stratified random sampling (Creswell, 2008).<br />
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The criteria for selection are position as patrol officer on field assignment and at least 2 years employment in the police force of the either of the two communities considered in the study. After identifying the individuals that qualify for each of the police departments in the two communities, 30 patrol officers will be selected at random. The 30 patrol officers from one community will comprise the experimental group and the other 30 patrol officers in the other community will become the control group. Employing this sampling method ensures similarities between the two groups to warrant comparison in support of determining training effectiveness.<br />
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Obtaining participants from two similar communities support generalisations for the police force in these two communities as well as for the police force in similar communities. Generalising the results for the entire police force of Australia may not be possible. However, the results can have important implications on training programs focused on excessive use of force in different police departments in the country. <br />
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Variables and Data Collection Methods<br />
There are two variables of interest in the study. These are 1) training and 2) precursor behaviours to the use of excessive force. The independent variable, training, shall have two levels those without training, and those with training. The dependent variable, behaviours leading to excessive use of force, shall be measured through scores on a self-administered questionnaire documenting the frequency of the behaviours indicating risk for excessive use of force (Scrivner, 1994). There are intervening variables that could affect impact of training on precursor behaviours such as age, gender, ethnic background, personality, personal problems, and other similar factors. While these may not completely controlled in the study, the selection and sampling process ensures similar conditions to support comparison. <br />
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Two data collection methods are useful to the study. One is secondary data collection, which shall be undertaken through the collation of journals, online references, and books related to the subject matter (Bryman Bell, 2007). Secondary research supports the conceptual framework of the study, particularly the determination of the research questions and hypotheses as well as the variables. The other is primary research carried out through a self-report questionnaire, which will be administered to the police officers who expressed willingness to participate in the study and who are included in the sample. This shall be pilot tested, and established in terms of validity and reliability prior to deployment. The primary data will provide responses to the research questions and test the hypotheses. Secondary and primary data collection when used singly has limitations in the type and extent of data collected. Combining secondary and primary data will satisfy the data requirements of the study.<br />
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Data Analysis<br />
Secondary data will be analysed using thematic classification and presented in the introduction, literature review and methodology sections of the study. Secondary data will also be useful in interpreting primary data. The primary data drawn from the self-report questionnaires will be tabulated and summarized per question for initial analysis using descriptive statistics to determine frequency, mean and standard deviation. The method of data analysis for the primary data is t-test to determine the significance of difference between the means of two groups. The first research question and the corresponding hypotheses will be tested by considering the changes in the reported frequency of precursor behaviours before and after the training for the two groups. The existence of significant difference between the groups inform on effectiveness of training in controlling precursor behaviours of excessive use of force. The second research question and its hypothesis will be tested by comparing the frequency of occurrence of precursor behaviours in 2, 4, 6 and 8 weeks after the training. The progression of outcomes will provide a response to the second research question. <span style="white-space: pre;"> </span><br />
Ethics<br />
The research will comply with the principles of ethical practice adopted by the university. The consent of participants will be obtained by informing them about the study and the importance of their participation. The respondents will be assured of confidentiality of the information and responses given by the respondents. The information or responses could lead to negative reactions such as ostracism or stereotyping of individuals. The identity of the individuals will not be mentioned in the results of the study. Questionnaires will also be kept in a secure vault in the university with limited access.<br />
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Project Organisation, Management, Schedule and Budget<br />
The evaluation program will involve the researcher organising the research process and doing the preparations of the research including secondary research, coordination with the police departments and officers, and preparing and pilot testing the questionnaire. The researcher will have help from a police psychologist in conducting the training. The timeline of the activities in the evaluation project per month is shown below.<br />
1st2nd3rd4th5th6th7th8th9th10thSecondary ResearchPrimary Data Collection Sampling Pilot<br />
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Testing Pre-Test Training Post-TestFirst DraftSecond DraftFinal Paper<br />
The estimated budget required to carry out the work is shown below.<br />
ItemEstimated Cost (AUD)Transportation 250Communication 75Computer Printing 75Police Psychologist Salary880<br />
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Brief Conclusion<br />
The seriousness of the issue of excessive use of force warrants the investigation of effective solutions. Training, as a promising solution, will be subject to evaluation in the study through a quasi-experiment. The literature review identified the research questions, hypotheses, and research variables. Consideration of the methodological framework makes the study doable. The expected results have important implications on the role of training in addressing the issue of excessive use of force by police officers. bloggerhttp://www.blogger.com/profile/00959827063701472131noreply@blogger.com0tag:blogger.com,1999:blog-1380130208988716094.post-39366915990817032562018-03-03T02:08:00.001-08:002018-03-03T02:08:27.060-08:00Personal Understanding of Crime CommissionBehind every crime committed, there is a theory that drives it. Crimes are intentional and they are not random. The opportunities that pave the way to the commission of the crime are also not random. Crime opportunities may come from unsuspicious occasions or events like daily routines, urban structures and social networks. Lack of control of elements provides opportunities for crimes. Each crime has its own complexity that is related to the offenders, the victims, and the environment of the crime.<br />
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First we have to understand what crime is. A crime may be an act that is followed by legal punishment. It is a legally forbidden action and the punishments also depend on the seriousness of the crime committed. The difficulty with trying to understand crime is that any attempt to do so demand knowledge on many different aspects and areas. However, the study of crime does not entirely depend on psychology, but it does contribute a lot.<br />
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Psychology is an important factor when dealing with criminology because the theories to be used are very crucial. For example, was the offender a rational being Did the crime occur due to influences from the environment or other external forces <br />
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In understanding how a crime was committed, we also have to dissect the reason behind it, as well as how to prevent it from happening again. There are different crime theories that help crime analysts understand and predict how offenders and their victims behave.<br />
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One is the Rational Choice Theory. In this theory, the offenders make their choices about committing crimes based on anticipated rewards or opportunities. In reality, any person will commit a crime if given the right opportunity. Individuals will also decide not to commit a crime if the risks are too high or if the rewards do not match up to their standards.<br />
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Second is the Routine Activities Theory which focuses on the opportunities for crime commission due to changes in behavior in a society. A study showed that changes in Americans routines provided an increase in crime rate during 1947 to 1974. For example, the increase in Americans who left their houses on a daily basis to go to work increased, and therefore, guardianship in their houses decreased and left opportunities for burglars. Likewise, change in routines and behavior can also decrease the rate of crime. Examples of this is increasing supervision of children and increasing security of homes and properties.<br />
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Last is the Repeat Victimization. This states that people and places who have been victimized before have a higher chance of being victims once again than the ones who havent been victimized yet. There are four types of repeat victimization namely peopleplaces that get highly victimized, properties that are repeatedly victimized like consumer items which are attractive to thieves, specific locations or areas that always suffer from crime, and types of places that get victimized though not in the same area.<br />
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If crime commission is a stage, there are actors.<br />
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In 2003, Ronald Clarke and John Eck designed the crime triangle.<br />
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Figure 1. The Crime Triangle by Ronald Clarke and John Eck (2003)<br />
The crime triangle shows that a crime only happens when the offender and the victim come together at a particular place. The outer triangle (handlers, managers, and guardians) show the types of people who can control the three elements in the inner triangle.<br />
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Guardians are the ones who protect the victims, like victims themselves, government officials, security guards, and owners of properties.<br />
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Managers are the ones responsible for the different areas. Examples of managers are hotel clerks, store clerks and building managers.<br />
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Handlers are the people who know the offenders personally and they hold such positions that allow them to control the ones who committed the crime. Parents and police officers are examples of handlers.<br />
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For a crime to take place perfectly, the actors must play their parts well. There must be a person who is willing and able to commit a crime, a vulnerable target, and a venue which lacks security.<br />
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Still, a better situation is that which has no crime involved. Crime should be prevented, and one way to prevent crime is to understand the behaviors of the offenders. Since crimes are based on opportunities, it is best to reduce them. It is also important to understand how criminals think.<br />
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Some commit crimes because of personality disorders such as the Antisocial Personality Disorder. With this disorder, the chances of being a psychopath are high. Psychopaths are manipulative and they seem to lack social conscience. They engage in criminal activity often.<br />
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Aside from psychopathology, there have also been many hypotheses on what causes crime, and how behavior affects crime as well. Bandura claims that violent role models in the environment can affect the offenders subconscious since most of the human behavior is from observing others. There are other behavior types and theories connected to the criminal mind which will be discussed later.<br />
In relation to this, understanding the behavior of the offenders is necessary to be able to prevent the crimes from happening again.<br />
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Crime prevention is a difficult task, often mistaken for crime control, though the two things are really different. A study was conducted on how new approaches in preventing crime and delinquency could be done. In Preventing Crime in America and Japan A Comparative Study by Robert Thornton and Katsuya Endo, it was emphasized how the crime rate in Japan is low compared to America and other countries.<br />
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There have been theories made as to why the crime rate in Japan is low, and these theories have something to do with behavior of the people. The population in Japan is extremely homogenous, which means that the people have a strong sense of community. There is a high level of citizen involvement in activities dedicated to preventing crime. In Japan, there is a hierarchy system in which the rank and status of a person is an important part of the society. Work ethics of the Japanese are strong, and the workers are all diligent and dedicated to their jobs. Japan also has an extremely low unemployment rate, which may be a vivid reason as to why there are little reports of robberies or theft. Japanese also have high respect for their laws and they cooperate with the police. The schooling and education system in Japan also contributes to crime prevention because they have what they call character education. At a young age, Japanese are brought up with discipline and a sense of social responsibility.<br />
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To successfully carry out crime prevention plans, we need to get in the mind of the offender and think like one too. We must be critical and also take into consideration what measures we must take in case of intervention of authorities.<br />
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Situation given<br />
I am a student with many extra-curricular activities and affiliations. I live away from home, and I live with my grandparents. My parents send me money through my ATM every week to pay for my school stuff and also for my allowance. Recently, I have been under a lot of pressure regarding payments and fees. I barely have enough to feed myself when I am not in the house of my grandparents. The main problem is that I now have no cash on hand and I have to pay my fees within 24 hours, or else I get kicked out of my affiliations. The total cash I need is 1000.<br />
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Crime Script 1<br />
Since I live with my grandparents, it may be easy for me to get a little money from them. I got this idea when I saw my grandfather get some cash out of his wallet and put it inside a drawer. Another time, when my grandmother was doing something for her business, I saw her take out a key and open another drawer from which she got out all the cash connected to their business. I got all this information just by observation.<br />
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It would be easy, I know their routines well enough. Every morning they eat breakfast at around 7 or 8 and no one is in their room. This is a piece of cake. All I need to do is finish my breakfast early and go up to their room, say that I need to go to the bathroom or catch some more sleep. I can easily get the key to my grandmothers drawer and get the cash I need, or get some from my grandfathers wallet. The consequence is when they realize that a big amount is missing. They will start suspecting everyone living in the house, and this means higher security.<br />
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This option is really very easy to execute, and there is almost a hundred percent chance that I wont be caught in the act. I can lock the door while getting the money, and if someone knocks, I can easily say I was dressing up. This is an opportunity at its best. <br />
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The order of events would be like this<br />
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STAGESSTEPSDecision MakingYes or NoPreparationWake up early to join grandparents for breakfastActingFinish eating early, act like you have to go to the bathroomEnteringCarefully enter the room and check if there are any people around. Lock door to ensure safety.Select TargetCarefully locate the wallet or the key to the drawer.Complete the TheftGet the money quickly and put everything back in order, exactly the way it was before you intervened.Exit the SceneStart preparing for school and leave the house.<br />
Figure 2. Crime Scene 1.<br />
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Crime Script 2<br />
I work at a local restaurant as a cashier and as a waitress sometimes. This means I have easy access to the cash registrar and the money. My shift is usually during the opening and the closing of the restaurant, during the times when business is slow. The restaurant is small, and the staff only works two at a time. There are no security cameras, since the location of the restaurant is in a friendly suburb. The manager of the store comes in three times a week, on Mondays, Wednesdays, and Fridays during lunch time, when business is at its peak.<br />
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I can easily get money while Im doing my job as the cashier, but that would make me the primary suspect. The best way to get the money and not be considered as a suspect is if I will be seen as the victim, instead of the offender.<br />
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I can ask the help of two or three of my close friends to act as robbers and then instruct them on how to make it look as if I was victimized. The staff working with me must also be clearly victimized, and heshe should see that I am helpless in the situation so he will not suspect me.<br />
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The time of the staged robbery should take place during the times when business is low, either during the opening or the closing. The opening would provide better opportunities since during the night a lot of people are out on the streets and might report a robbery, if they happen to pass by the restaurant. That would put my friends at risk, and also me. The staged robbery should also take place on Tuesdays, Thursdays or Saturdays to ensure that the manager will not drop by.<br />
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This is a good opportunity, given the lax security and the routines of the people involved are all being followed every time.<br />
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StagesStepsDecision MakingYes or No Set the details time, date, who to ask help fromPreparationCoordinate schedule of opening of restaurant so the friends would go in at nice timing. Make sure that costumes will conceal their identities well.Entering the settingMeet with fellow staff to open the restaurant for the day. Start doing daily routines like cleaning, setting the tables, etc.Enabling conditionsAvoid being tensed, act normally. Do not fully open the blindsdoor yet so that the theft will not be seen by the public.Select targetHelp your partner with whatever heshe is doing so that when the thieves come in, your partner will see you being victimizedThe theft properOnce the thieves come in, act surprised and try to protect your partner. Avoid screaming or shouting so as not to attract many people.Completing the theftOnce they have gotten the money from the cash register and they leave, do not return to normal yet.Exit the SceneExplain why you shouldnt tell your managerthat he might fire you. Motivate your partner to work better today to make up for the lost money.AftermathAfter your morning shift, meet with your friends to get the money to pay for your needs.<br />
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Figure 3. Crime Script 3<br />
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Crime Script 3<br />
This may be the riskiest one yet, but also faster than the second option.<br />
I can rob the store myself when Im not working. This will be easy because I know the staff working there and I know where all the things are. The conflict would be about my alibi, so I should work on that before conducting the crime itself. My outfit must also be able to conceal who I am, and of course, the time and the date should be scheduled earlier. The downside with this script is that I will forever be a suspect, because I wasnt there when it happened. Also, if I am not careful, I can be seen and reported. I can be arrested on the spot, since the restaurant is in a semi-public area. That is why it is important to conduct the crime during the opening, because no one will be around yet except for the staff.<br />
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StagesStepsDecision MakingYes or No Time, date, outfit.PreparationDecide on the time when less people will be there. Maybe you can spy a little or keep an eye out on the customers.Entering SettingKnow how to deal with the staff present at the time you decide to execute the crime. It is best to keep them quiet. For example, powder that can make them unconscious temporarily.Complete the TheftGet what you need, leave peacefully. Do not leave any trace of who you are.Exit the SceneDo not head straight home. Head somewhere you can dress up, and leave the outfit behind.AftermathAct normally, act concerned, and even offer help.<br />
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Figure 4. Crime Script 3<br />
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If you noticed, all crime scripts started with the decision making. According to the classical theory of criminology, people decide to commit a crime when they believe that the benefits weigh more than the risks or costs. Without a decision to commit a crime, there would be no crime. This is a direct manifestation on the effect of behavior to the crime itself.<br />
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There is another theory, which is called the conflict view. This states that society has divided individuals into groups which are in conflict with each other. The conflicts arise because of unequal distribution of resources, and this in turn provides yet another opportunity for crime. As mentioned at the first part of the essay, in Japan, there is a distinct hierarchy in which they respect the status of the individuals, and instead of being an opportunity for crime, it is a crime prevention tool.<br />
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Robbery is perhaps one of the most common crimes in history. It can range from simple pick pocketing to million dollar thefts. Robberies must be planned well to succeed, and for crime analysts, they should learn how the mind of a robber thinks like. For analyzing crimes and preventing crimes, a lot of measures have to be taken into consideration.<br />
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In crime script 1, if the grandfather always takes his wallet with him, or if the grandmother always takes the key with her, the crime can never happen. In crime script 2, if there was more security in the restaurant, or if the manager opens the restaurant every day, the opportunity for a crime will lessen by a lot. Finally in crime 3, it is the most dangerous script out of the three. At anytime, an authority could go in and catch the offender at once in the act. Again, if the manager was the one who opened every day, the crime rate would definitely go down.<br />
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Through these facts, it is obvious that behavior greatly affects the crimes that take place. It is not entirely the offenders fault, but the victims themselves who create opportunities for the crimes. Routines, daily activities and observations are simple things which can easily create more opportunities.<br />
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In regards to crime prevention, Ronald Clarke has given some tips on how to do it. First, one must be prepared and must be very crime specific. Second, the crime triangle is important because it will help you identify the people involved. According to Clarke, we must never forget that opportunity makes the thief and that we should expect the offenders to react negatively. It is important to think thief or to think like the offender and it is also important to study the history of crimes. Pay attention to routines and hot spots, and think of the factors that make a person or a place be highly victimized.<br />
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Crime is not a simple thing and it is hard to analyze. However, if we are able to prevent it from happening, that is a success. In crime prevention, the behavior and personality of the people must be taken into consideration too. Again, I will use Japan as an example. Even without all the security needed in other countries, Japan still has a low crime rate because of the sense of social responsibility and obligations that are instilled in every citizen.<br />
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That is the key to the start of good crime prevention. It must not only depend on higher security and it must not only focus on lessening the opportunities for crime. Crime prevention must also be instilled in every persons heart and mind for it to be called a success.<br />
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It is true that psychological factors affect the crimes and offenders. Like, for example, bad parenting, poverty, abuse, etc. However, there are things that are just around us that create opportunities for crime, and this is what we should concentrate on.<br />
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Crime prevention starts with the people, and with cooperation and the decision to do good, it is safe to say that the crime rates will lower.bloggerhttp://www.blogger.com/profile/00959827063701472131noreply@blogger.com0tag:blogger.com,1999:blog-1380130208988716094.post-82484141165441525202018-03-03T02:07:00.000-08:002018-03-03T02:07:04.771-08:00Research, Evaluation Policy Analysis of the Aboriginal Justice Plan of New South WalesCertain action plans have been done to address the problem of unequal protection under the law. One of such action plans is the Aboriginal Justice Plan which is a response to the observed overrepresentation of members of the Aboriginal Community imprisoned for offenses where bail can be made.<br />
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The study centers on New South Wales (NSW) where the Aboriginal community is the largest. Statistics and data on the number of offenses by Aborigines and the rest of the population of NSW will be taken and statistical analysis for correlation is performed. The data from NSW shall be compared with data obtained from the Northern Territory where a justice plan for Aborigines is also in order and with other states where there is no such policy.<br />
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The study aims to establish a correlation between income and the number of bails given by individuals of the Aboriginal population before and after the justice plan was implemented. The correlation hopes to provide a measure of how effective the justice plan really is in providing equal protection under that law for this community.<br />
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Introduction<br />
The criminal justice system should be implemented fairly to all. Unfortunately, there are still cases where there are people who do not receive equal treatment and consideration in the court. The government recognizes this fact and have exerted efforts to bridge the gaps and patch up the holes that exist that prevents the law from protecting everyone under its jurisdiction. Government efforts include the formation of the law enforcement agencies, policy making bodies and several support organizations that ensure that these laws are carried out. They must be able to recognize any flaws and try to correct and intervene regarding the shortcomings that current legislations may have brought about in the criminal justice system. These organizations and agencies often take action by formulating policies and support systems for the better implementation of laws for them to be able to protect and serve the people better. One of the most comprehensive intervention programs to be implemented in the country is the Aboriginal Justice Plan developed by the Aboriginal Justice Advisory Council (AJAC, 2005). <br />
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Intervention Program<br />
According to Cunneen (2005), the over-representation of the Aborigines in the justice system was ascribed to the criminality of the indigenous people, but through continuous observation and research, it has been noted that there is another reason for this effect. There are inherent biases in the current justice system and these biases were termed as systemic biases. These biases are the ones that disallow the indigenous from accessing the same protection from the law and this causes their overrepresentation in criminal and offense records.<br />
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Because of these findings, the government has started to formulate strategies that aim to eliminate or reduce these systemic biases in order to make the rule of law available to protect everyone. The Aboriginal Justice Plan, was one such strategy. The AJP is a comprehensive strategy that addresses the innate disadvantages of the Aboriginal people in New South Wales (AJAC, 2005), was implemented in the region in the year 2004. This plan is implemented under the recognition of the government that Aborigines have areas of natural sensitivity and vulnerability when it comes to the implementation of criminal laws. One of the areas that have been identified as socio-economic factors that influence their vulnerability is income and their lifestyle and culture (AJAC, 2005). The Aboriginal Justice Plan was implemented with the aim of reducing the number of arrests made on the individuals of the Aboriginal community who, due to their state, do not receive the full protection and advantage of the laws.<br />
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Other than providing assistance to members of the Aboriginal community during their encounters with the criminal justice system and their difficulties in its processes, the justice plan also outlines several preventive means and measures that would help Aborigines cope with the disadvantages they have when it comes to law. This is to create a more long-term solution rather than remaining just an intervention program that aims to deal with the consequences of the problem after it occurs. The Aboriginal Justice Plan aims to create more comprehensive solutions and strategies that address the causes of these disadvantages instead of simply dealing with the effects of these disadvantages (AJAC, 2005).<br />
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Low income and their nomadic lifestyle are conditions of Aboriginal people that make it difficult for them to post and be allowed bail in the criminal justice system (Mac William, 2001). The justice plan works by outlining means to provide the Aborigines with better opportunities to improve their living conditions and lifestyle like giving the indigenous a more or less stable source of income. This action would allow members of the Aboriginal community to enhance their financial capability to post bail. Other concerns like their nomadic lifestyle which clashes with the conditions of the bail process shall also be addressed by providing them with housing. Because of these actions, members of the Aboriginal community would be empowered to create for themselves means and measures that they can use to experience the same protection of law. <br />
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Implementing such a plan will not only do well to the Aboriginal community, but it will also benefit the governments relationship with the indigenous. Implementing such a policy will help establish good will and strengthen ties (Bennet, 2000).<br />
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Research Questions<br />
1. Does increasing the socio-economic level of the Aboriginal people increase their ability to post bail<br />
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2. Would a comprehensive strategy that addresses both the socio-economic factors of the Aborigines and assistance to better criminal justice system support be better than just providing bail assistance<br />
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3. What issues of the bail laws are being addressed by the intervention programs that would allow Aboriginal community fair treatment<br />
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Evaluation Site<br />
The main subject to be evaluated for the study will focus on the statistics and historical data of New South Wales (NSW) on the number of offences where bail can be posted and compare this with the number of offending members of the Aboriginal community who were able to post bail and the number of offending members from the rest of the population that were not able to post bail. Data on the income of the Aboriginal community from census data taken from NSW will also be obtained and become part of the evaluation. With NSW having a high concentration of Aboriginal communities, a national sample may also be gathered to ensure that the number of incidents is not related the concentration of Aboriginal people in NSW.<br />
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A parallel comparison can also be made with the Northern Territory where they have implemented a similar comprehensive action plan to address the disadvantage of Aboriginal communities there as well (Northern Territory Government, 2009). The same data to be taken from NSW shall also be obtained for the Northern Territory. The years where the policy was implemented for each territory (2004 and 2007 for NSW and Northern Territory, respectively) shall be called the marker years. Maker years shall be set for both territories to set a point of comparison to establish if the policy was indeed effective in improving the condition of the Aboriginal community. The time frame from where the data from both territories will come from shall be within 2000-2010 to keep parameters for the comparisons for both territories constant.<br />
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The data from each territory shall be evaluated to determine if there is a significant decline in the percentage of the Aboriginal population in correctional facilities with offences where bail can be posted before and after the strategic action plans were implemented. Furthermore, to eliminate the chance that the changes in percentages is influenced by general trends in the crimes committed in the state, the data about Aborigines shall be compared to the general trends of the whole population of NSW from the same time frame. Data on the income of the Aborigines from both regions and other regions with no justice plan in the specific time frames shall also be taken from census offices. The data of NSW shall then be compared with the data from the Northern Territory to provide additional evidence of the effects of comprehensive strategies to address the disadvantages of the Aboriginal people in the criminal justice system. Analysis of the Northern Territorys initial reports can be cross-referenced with the results of the NSW plan in its first few years of implementation. Finally, to determine whether preventive strategies are effective, a comparison of the data will be made for those states with no known plans to help improve the socio-economic conditions of the Aboriginal communities. However, it is important that intervention efforts have been done by various organizations in providing aid and support services with Aborigines who have come in contact with the justice system.<br />
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Population and Sample<br />
The study will mainly focus on secondary information like statistics, historical information and census reports regarding the Aboriginal community. This information can be gathered from various organizations like the police, correctional facilities, census offices and special organizations like non-government organizations that take care of the Aboriginal community. An adequate to a large sample size can be taken from the NSW region without fear of statistical invalidity and obtaining unreliable results because the region has the most concentration of Aboriginal communities in the country.<br />
As per the variables of this study, the independent variable for this study is the implementation of the Aboriginal Justice Plan which aims to affect the Aborigines socioeconomic conditions and standing in the justice process. The dependent variable is the data reflected in the statistical analysis of the number of Aborigines convicted but got out of a jail because of bail. Mediating variables may include the level of crime in the city during that year in the state, and means to prevent these variables from affecting the results by standardizing the year where the data is to be taken from. This will work to keep other variables constant while focusing on the variables of concern.<br />
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The information shall be gathered by requesting for this data from police offices and correctional facilities via formal communication. Other sources of historical information and census reports can be obtained through books, archives and government websites in the internet that authorize the release of these documents to the public.<br />
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Working with secondary sources could be either easy or difficult because of the fact that some information can be easy to find others very rare and some are not released to the public.<br />
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Data Analysis<br />
The data taken about the number of arrests for offenses where bail can be posted from 2000-2010 will be organized by year and the offenders who were able to post bail will be separated from those who were not able to. These two groups shall then be further segregated into the members of the Aboriginal community and the members of the rest of the population. The data will be organized and tabulated. The data of the arrests for the years 2004 and 2007 for NSW and Northern Territory, respectively, shall be highlighted as marker years. This method shall be done for the data from both NSW and the Northern Territory.<br />
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The data for the Aboriginal Community and the rest of the population shall be organized in simple line graphs to physically see any trends in the number of offenses committed where bail can be posted. Each territory shall have separate line graphs where the marker years shall be given extra attention. Marker years are given emphasis because they are the pivot points for any changes that may occur in the number of offenses in the Aboriginal community as these are the years where the justice plan was implemented for their respective regions.<br />
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After this treatment, the data for the Aboriginal communitys income shall then be taken and organized per year and will be juxtaposed with the number of arrests made on the Aboriginal community which is further segregated into those who were able to post bail and those who were not. A correlation analysis shall be performed on the data to spot any trends regarding how the socio-economic conditions of the Aboriginal community affected the number of offenses committed with income as a main factor of measurement. The Spearman correlation coefficient () will be the one specifically applied to this analysis to indicate any positive or negative correlation between income and the number of bails posted by members of the Aboriginal community. The same methods shall be done for the data in the Northern Territory and in other regions where there is no justice plan for Aborigines implemented in order to provide a point of comparison and to further strengthen any point that is made by the statistical correlation.<br />
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The dependent variable (number of arrests that were bailed out from) is expected to increase following the improvement of socio-economic conditions of the Aboriginal community through the justice plan. If this is the result that will be obtained from the actual statistical analysis of the data, then it can be concluded that the Aboriginal Justice Plan was successful in providing means through which members of the Aboriginal community can be helped when it comes to their socio-economic standing and in preventing any unequal treatment under the law. This conclusion will imply the fact that for certain communities and groups of people, assistance is necessary and essential to ensure that the law protects them also. This also emphasizes the role of government when it comes to recognizing the short-comings of the rule of law and addressing it accordingly.<br />
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Ethics<br />
The study shall be working more with statistics and data from offices and organizations regarding the Aboriginal Justice Plan. No individual Aborigine shall be interviewed for this study and so there is no immediate worry for anyones safety to be compromised in this research.<br />
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It is important, however, that the data be obtained legally from their source. The proponent will ensure that all data that will be used in this research will be taken in due process and within bounds of information dissemination and copyright laws. The consent of the offices and agencies will be taken first through professional and official communication and the respective fees, if any, shall be paid duly. Letter of requests duly signed by the proponent, professorresearch adviser or school administrators, if necessary, shall be sent to the persons concerned in the offices.<br />
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Other sources of data shall also be explored like archived records in the library and information in credible websites like the official webpage of certain organizations that provide statistical information for public consumption.<br />
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All data utilized shall all be credited back to their sources in the final paper work, and the point persons and heads of the organizations involved shall also be mentioned and cited accordingly.Project organization, management, schedule and budget<br />
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The project shall be divided into three phases obtaining, organization, analysis. The first phase shall comprise of all actions done to legally obtain the data needed for this project. All forms of correspondence with organizations, access and other means to obtain data shall be done in this phase. The second phase is where all data gathered will be organized according to the plans outlined in the data analysis section. Data shall be taken, tabulated and divided into the appropriate groups needed for the statistical analysis. Data that is unnecessary shall also be taken out in this phase. The third phase is where all statistical analysis will be performed. The construction of graphs and the performance of statistical analysis will be done in this phase.<br />
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It is estimated that the first phase of the project will last anywhere from three weeks to a month which is to give adequate time for the correspondence exchange between the organizations or offices concerned and the proponent of the research. The organization phase is estimated to take anywhere from two weeks and the analysis phase will last for anywhere from two weeks if a computer program is available, or longer if there is none.<br />
<span style="white-space: pre;"> </span><br />
Since the research will be working more with secondary sources, the project can be undertaken at a minimum budget. But an amount of (TO CLIENT please insert amount here) will be allocated for any expenses incurred for fees for data access and other miscellaneous fees for the production of this project (i.e. printing fees).<br />
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Conclusion<br />
Laws are to protect everyone without exemption, but sadly, there are cases where this does not happen due to a host of factors like income and other cultural considerations. Such biases are recognized by the government and specific plans of actions are formulated to address this issue. This study shall center on one of the efforts done by the government to provide assistance to members of the Aboriginal community, the Aboriginal Justice Plan. This plan aims to enable members of the Aboriginal community to get equal protection from the law by improving their socio-economic condition. The study will perform statistical analysis to compare the number of offenses committed by members of the Aboriginal community that were bailed out from to their income levels to establish a correlation. This correlation will provide evidence to support actions made by the government to address the over-representation of Aborigines in prison, because they have difficulties in posting bail and providing requirements for bail to be posted. The study hopes to further strengthen the correlation different states and territories where there is no Aboriginal action plans, and with one where it is existent like the Northern Territory. This is done to provide effective points of comparison and so that the study can provide factual evidence of the effectiveness of their intervention strategies to address the disadvantages of Aboriginal communities when in contact with the justice system.bloggerhttp://www.blogger.com/profile/00959827063701472131noreply@blogger.com0tag:blogger.com,1999:blog-1380130208988716094.post-61083137745909220622018-03-03T02:05:00.002-08:002018-03-03T02:05:42.862-08:00Crime Mapping Geographic Information SystemsGeographic Information Systems (GIS) are used to gauge crimes extents as well as establish which type of crimes prevail within a certain region for instance slums, street intersections, etc., as GIS allow quick examination of the types and number of offences, arrests, etc., within a particular radius, enabling quick elimination of excess information. GIS also allow analysts to determine the types and number of offences happening within a certain radius for example within 2 kilometres of all schools in a particular area. With GIS it is also possible to identify crime hotspots e.g. of burglaries, violent crimes, rape, etc., because of their ability to offer consistent methods of measuring of crime concentration over time. With quick and easy hotspot identification the police can be able to easily compare which areas require more attention than others or concentration of certain crimes, making it easy to predict crimes. The police can be able to overlay specific crimes with gender, age, ethnicity, etc. However, this could cause revelation of victims identities, although this may be unintentional. Officers using GIS software and other sets of data can use laptops or other computers in their cars using crime-mapping tools. This way they can check the number of recently released probationers or parolees and their release conditions in order to determine when they violate those conditions.<br />
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Among GIS softwares main advantages is that it enables co-ordination of vast multiple-source quantities of data in particular locations and enable coverage of very large geographical areas which would be difficult to analyse using traditional methods. Moreover, GIS data is more resistant to damage, allow unlimited editing, is faster and much more efficient compared to manual crime-mapping processes, besides consuming less time and less money. These make it easier to update and manage GIS than in traditional systems. Nevertheless, some police officers may opt for traditional hotspot identification and management methods because sometimes computer information systems may be complicated. However, this can be solved by developing user-friendly systems. Therefore, GIS use in crime-mapping to identify hotspots is the way to go if crimes are to be dramatically checked.bloggerhttp://www.blogger.com/profile/00959827063701472131noreply@blogger.com0tag:blogger.com,1999:blog-1380130208988716094.post-86109121408482983282018-03-03T02:05:00.000-08:002018-03-03T02:05:07.412-08:00Discussion Question Crime MappingCrime mapping applications have become increasingly integrated and sophisticated. The use of geographical information system (GIS) has become the hallmark of the modern era. It is expected that the next generation will witness more integration of technologies that were once separate such as digital photography, orthophotography, digital videography, global positioning systems and other local databases with critical information into one cutting edge technology (Harries, n. d). This paper will give a general overview of crime mapping in order to draw a clear understanding of the application in crime prevention.<br />
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Crime Mapping<br />
Crime mapping is an important intervention that helps the police to reduce crime and ensure a safe society to live in. Crime mapping tools allow the representation of crimes visually on a map or the grid of a particular locality normally done by the security personnel of that particular region. Persons from law enforcement unit analyze crimes in a manner that they are able to identify the areas of apprehension and the information that can be helpful in combating crime. The law enforcement personnel use crime mapping in various ways and in several localities (Harries, n. d). <span style="white-space: pre;"> </span><br />
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Criminalists often apply crime analysis and mapping techniques in helping the law enforcement personnel in making perfect choices and in formulation of policies for instance in forecasting of crime. Mapping of crime helps arresting serial criminals who may cause unrest in the society (Harries, n. d). This is done by the national crime and operations through profiling of geographic locations to help identify the most probable residential localities of serial criminals. Mapping of crime has also helped in identification of crime hotspots and further helped in setting up crime reduction responses that suit the locality (Harries, n. d). This has significantly reduced crime in most parts of the world where crime mapping is applied.<br />
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The main obligation of mapping crime is to help reduce and prevent crime. This implies that there is need for people to create an understanding as to why some locations are crime prone areas than others. This understanding will help them fight crimes and ensure a safer society. Crime mapping can be useful in identifying why crimes happen and help in deploying law enforcement personnel on such localities (Harries, n. d). Mapping of crime also creates an understanding of patterns of criminal behavior and confinement and aids in crime prevention.bloggerhttp://www.blogger.com/profile/00959827063701472131noreply@blogger.com0tag:blogger.com,1999:blog-1380130208988716094.post-10055673746198184592018-03-03T02:04:00.002-08:002018-03-03T02:04:37.280-08:00Improving Community Security Through Crime-MappingPolicing has evolved from the traditional force-led structures characterized by menacing, uniformed and heavily-armed police officers patrolling the streets looking for criminals to a more intelligence led affair which makes it possible for police officers to analyze crime data to isolate centres of high crime intensity and even predict, with varying levels of success, spots where crimes are most likely to occur. Modern-day policing professionals understand the need to identify crime hotspots and to focus resources according to the need. Hotspot policing is now a preferred policing strategy in the UK, USA, and Australia (Ratcliffe, 2004). Crime mapping is key to the prevention and detection of crime, and the proportionate distribution of available resources.<br />
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Community security can be improved significantly through crime mapping and the proportionate allocation of policing resources. Studies have established that criminals consider the reward and the possibility of apprehension when considering where to commit a crime. According to the optimal foraging theory, an initial criminal event is closely associated with a series of more events in the same neighbourhood, turning the zone into a crime hotspot or a crime hotspace (Johnson Bowers, 2004).<br />
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The mapping of such spots means that police officers can target them, taking into account the time of the day, month or year when crimes are most likely to occur. Even though they may not always arrest criminals in the act, the continued presence of police officers can destabilize criminal gangs.<br />
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According to Johnson et al. (2004), a crime may not happen unless a potential offender encounters a potential target in the absence of a guardian. The presence of the police as capable guardians therefore discourages potential criminals. Using information from crime-maps, citizens can improve their own security by avoiding the hotspots, lighting up dark alleys, or patrolling the spots. In the long-run, crime-mapping improves community by giving direction to police and community anti-crime efforts.<br />
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Crime mapping can be used to show not only the crime hotspots but also the communities harbouring the criminals. Johnson et al (2004) observes that the residences of potential criminals tend to be clustered in space. Police can thus map probable hide-outs and intensify their watch on such areas and people, thereby creating a sense of fear in potential criminals. Psychologically-beaten criminals are unlikely to commit crimes, even though they may have purposed to.bloggerhttp://www.blogger.com/profile/00959827063701472131noreply@blogger.com0tag:blogger.com,1999:blog-1380130208988716094.post-3804423668698865222018-03-03T02:04:00.000-08:002018-03-03T02:04:04.362-08:00Does it Cost the State More Time to Try All Drug Offenses in Special Courts (Drug Courts) than to try some of These Cases in Criminal CourtsIn this country, there is the need for criminal justice systems to be capable of providing the required level of change as far as the offenders are concerned so that the emphasis is moved away from just seeking to deal with the problem of crime by treating symptoms to dealing with its root causes. However, there is also the need to make any such system as sustainable as possible because it would be an absolute waste of resources for a lot to be invested in criminal justice systems that are incapable of bringing about these desired results. Based on this, this proposal seeks to investigate the relative costs of having drug offenders tried in a drug court as opposed to a criminal one. There will be the use of past records of expenditure incurred in a drug court which will be compared with the records of expenditure in criminal courts.<br />
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The criminal justice system of this country is one that has not really managed to incorporate all the reforms that other countries. This is all because it has bee very difficult to establish which criminal justice systems are more appropriate than others based on their relative success rating. Yet it is never an easy thing to have the best system established without having a thorough examination of the main ones being used in the country (Huddleston et al., 2008). While many systems exist and are actually successful, they have been at one time or another challenged for one reason or another. Normally, the public, which funds all government projects and budgets, is very critical of the way the government chooses to spend its funds. This has served as a way of putting into check the spending priorities of the government. In criminal justice, there have forever existed the ordinary criminal courts which have emphasized more on punishing the offenders to have them regret their actions and so change.<br />
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More recently, however, there have emerged special courts which have a totally different approach to criminal justice. While a number of them exist, drug courts have become increasingly popular. They are so much different from criminal courts not in aim but in approach to criminal justice because unlike the criminal courts where punishment of the offenders and a general adversarial approach to the case is applied to carry out the process of justice, the drug courts are more focused on the need to have the drug offenders restored to normal life based on the understanding that unless drug addicts are weaned of their condition they are not able to act soundly. If this was to be allowed to go on, then there would be no end to drug crimes because these offenders would keep committing recidivism (Huddleston et al., 2008). However, treating them in drug courts as they are under trial will help them to kick the habit and have a sound state of mind which will greatly help them to keep off crime in future days. But the problem has been to determine which of the two types of systems is better than the other.<br />
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Literature Review<br />
Literature reviews are important for any research because they assist the researchers in placing the research topic in a clear and well-defined context from which it is a lot easier for them to draw research questions and so help in making the research as specific as it can possibly get. Specificity is one of the main gauges of a good research because it, among other reasons, makes the research findings more authentic and so more reliable. Lack of specificity renders the entire research vague and at the risk of failing to have the power to convince users to adopt it as being reliable.<br />
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The Origin of and Need for Drug courts<br />
Drug courts were first introduced in the US as a response to the rapid rise in drug addiction among drug offenders. This rise was significantly large between 1984 and 1990 when it is estimated that it rose from11,854 to 29,306. This number soon rose to the current over 2000 drug courts in the country. The United Kingdom has also been increasingly following in this path and it is expected that it will have many more drug courts in the future as their demand soars. The only possible impediment to the expansion is the unproved claims that it is a very costly system. Drug court programs serve as the best bet for drug abuse prevention by improving the lives of those processed through the correctional of the use of drug courts, as they provide programs that have therapeutic integrity (Lessenger Roper, 2007). This does not only improve the offenders life, but also protects the community as well as ensures the safety of the entire public.<br />
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However, rehabilitation as an effective tool of reducing crimes related to drugs remains a critical concern (Maguire Okada, 2010) because there are issues over the government having to assist offenders to get treatment while other people cannot even get the same. The utilitarian goal of the drug court will have to be abandoned if treatment of offenders does not work with the drug courts. Whiteacre, (2008) points out that in reviewing the existing process of outcome evaluations of the drug courts an assessment of the success of drug courts within the conceptual framework needs to be carried out by the use of a conceptual framework. This would help in addressing various questions, which include seeking to know the various treatment methods that are employed by the drug courts, the indicators that point to the way in which drug courts are trying to carry out their programs in a successful manner, the measures that the drug courts take to determine their level of success, and how the courts seek to enhance their success levels in the future. <span style="white-space: pre;"> </span>These questions bring forward a set of hypothesis that will help us to identify whether the intervention of drug courts to the drug offenders is effective.<br />
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Maguire Okada (2010) writing in Critical Issues in Crime and Justice Thought, Policy, and Practice are of the view that impact evaluation of a single drug court should be carried out in order to assess whether the treatment modifies the character and the personality of the offender. The study should include measurement of the kinds of success that have been achieved by the effectiveness of the drug court programs, since the purpose of a drug court is to divert drug offenders from facing criminal justice by providing them with an opportunity for treatment resources (Lessenger Roper, 2007). According to Lessenger Roper (2007), a good evaluation program should strive to ensure that the drug court specialists have the required skills pertaining to training the offenders such as the background area of the offenders and trying to find out the root course that makes the offenders to indulge in criminal activities, among other. This will make them produce positive results for the criminals even after they leave the drug court, and thus helping the offenders in the end rather than suffering.<br />
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In an attempt to reduce crime, it would be rational if the assessor assesses not only the short-term benefits of the drug courts but also the long term benefits (Maguire Okada, 2010). Careful consideration of financial benefits should be put into place as the drug courts continue to gather other sources of income. Therefore, the drug courts should not only evaluate the benefits they provide in financial terms but also look for an additional source of income for effective running of the system. A careful consideration of the current costs of the drug court program to the participating members of the criminal justice system should be put into consideration. These include the working team of the drug court the prosecutors, public defenders office, police, jail, and probation and treatment providers. They should also evaluate how the court resources are distributed in the drug courts by carefully identifying the cost savings associated with drug courts even when findings are unavailable at the federal government (Lessenger Roper, 2007).In addition, the assessor should evaluate the relationship that exists between the drug court program and the rest of the courts departments.<br />
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Butts Roman (2004) point out that a number of issues should be used in evaluating whether the drug courts help in assisting the drug abuser in learning of new adaptive cognitive skills. In evaluating the types of treatment methods that should be used by the drug courts in order to achieve effectiveness, one should put much emphasis on the method that appears to develop cognitive skills to the offenders. They also state that the appropriate method to be used for all offenders should assess the pattern of the drug use, and the way they influence how the program runs. This program to be put in place should define the length of time required for successful rehabilitation to be achieved. For a successful assessment of the drug court, the evaluator also needs to review the evaluation on two aspects, that is, heshe is supposed to review the effectiveness of the program during the training time as well as after the training. Heshe should then collect the data related to the study such as the treatment retention study, recidivism study, drug use study cost effective, and other rehabilitation outcome studies. This data can then be used to make the final conclusions on the overall cost of running such a drug court program.<br />
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But back to the more specific issue of cost in terms of the length of time it takes for the trials to be completed, Granfield (1998), writing in the article An examination of the Denver Drug Court The impact of a treatment-oriented, drug-offender system argues that it does not matter that it is a pretty long process if indeed it can be able to bring about the desired level of results. What matters is the need to have the drug offenders getting rehabilitated, and in the right way so that once they are off the program they can be in a better position to embark on other normal life activities and get completely weaned of their criminal life. Every individual who has been on drugs desires to leave that kind of lifestyle but somehow the addiction is too strong to break from.<br />
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According to Huddleston et al. (2008), what drug courts seek to achieve is to have these peoples lives turned around. And given that it is usually a very demanding process, it is mandatory that a lot of investment in terms of time is done until this person can be completely delivered from ones addictions. In essence, although it might take the state a long of time to have this totally finished, it is in the end very useful compared to the criminal courts. In yet another commentary, it has been argued that it is all wrong for any comparison of the two courts to be done on the basis of time taken only but rather a lot more focus has to be put on the overall outcome or efficiency of the courts (Butts Roman, 2004). This is because of the great differences in the aims and so approaches that each court follows. On the one side, the drug courts seeks to have the drug offender punished but even more importantly helped to turn around ones life.<br />
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Research Questions<br />
As earlier mentioned, research questions as derived from the literature being reviewed are very critical for the establishment of the various key aspects needed for the research (Marczyk, 2005). On the basis this literature review, the following research questions can be used to guide the research<br />
Does it take the government a longer period of time to try drug offenders in drug courts than in criminal courts<br />
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Is the governments continued use of drug courts for the trial of drug offenders a sustainable approach to criminal justice or is it an unnecessary burden<br />
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How can the use of drug courts be made more sustainable so that its work cannot be brought into disrepute<br />
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How does the level of recidivism among drug offenders tried in the drug courts and those tried in criminal courts compare<br />
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Hypotheses<br />
Hypothesis 1 Drug offenders ought to be rehabilitated in the drug courts because criminal courts do not offer such ones the opportunity to change their lives and become good citizens again.<br />
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Hypothesis 2 The drug courts, which attempt seek to have a reduction in the level of recidivism through behavior change, end up saving a lot of money for the government compared with criminal courts which, although might be speedy in the criminal justice process and so appear cheaper in the short-term, incur huge expenses having to keep trying the same people over and over again.<br />
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Hypothesis 3 Drug courts greatly assist the drug abusers to learn new adaptive cognitive skills which have been proven to be critical in changing their criminal lifestyles and behavior.<br />
Hypothesis 5 Drug courts do not cost the government more than the criminal courts be it in terms of time or monetary input.<br />
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The Evaluation Site andor the Subjects of Study<br />
To be in a better position to gather the required information, researchers will visit various courts in the state of Colorado where they will gather information on a number of issues to ascertain some of the key issues presented in the research questions. In Colorado, the Denver Drug Court, which has been included in the literature review, will be investigated to find out how it goes about its operations as far as carrying out treatment and justice for drug offenders is concerned. The drug courts in the United States are preferred over those in the United Kingdom because the US system has been in place for a longer time and is well established.<br />
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On the same note, although the United Kingdom has some of the oldest criminal courts in the world, the researchers will concentrate on US criminal courts because there is no need to bring in another variable (country). In this light, therefore, there will be a survey of three drug courts in Colorado (including the Denver Drug Court) and three criminal courts in the same state. These will be picked randomly to avoid the risk of data duplication. The aim will be to assess how they have been spending on their various activities.<br />
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Research Design<br />
The specific research design will entail seeking to measure the overall costs of carrying out trials in each of the courts. Then for the three courts on every side, an average cost will be calculated which includes the time investment as well as the costs of manpower, facilities, logistics, recurrent expenditure, among other key variables. For this particular evaluation, there will be both dependent and non-dependent variables (Marczyk, 2005). The dependent variables include attitude towards the drug court program, and knowledge of the information of drug use given by the providers to the offenders. The independent variables include the age, gender and the nationality of drug offenders. There will also be quantitative and qualitative analysis because the data is both qualitative and quantitative.<br />
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The court accounting officers in either case will be required to give the data about the various expenditures that are incurred by the court. Although it is highly likely that there is no clear record of these, efforts will be done to get them. The main aim is to find out the total expenditure that is input in the courts and this will be extrapolated to cover a period of 10 years because this is the time when it is expected that at least the figures are consistent and the offenders have had time to heal. Within this time frame, it is also possible to assess the long-term benefits of the drug offenders and try to quantify them so that they can be subtracted from the expenditures. In addition to this, there will a determination of the average time it takes for a drug court to finish up with one offender, quantify this time using a standard of one court hour being equal to 100 dollars. Then the expenditure for every of the personnel and other costs will added to this to ascertain the total sum of costs incurred by the court for every year up to ten years.<br />
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For every year, the total costs will be added to the total revenue (or benefits) and a net value of costs will be reached. An average for the three courts will be found and taken as the cost of running the courts for the ten-year period. The same will be done for the criminal courts, and the two will be compared. In essence, secondary data sources, mainly audit books and statements of account, will be used. In addition, there will be interviews of some offenders who have been or are still on the drug court treatment program to find out what they have benefitted or lost as measured by how they will be leading their lives at the time of the interview. The challenges will be many, especially quantifying variables like time and benefits. This is because what one person might regard as a benefit might be considered a loss by another. Therefore, there will have to be many assumptions made to ensure similar standards are applied throughout (Marczyk, 2005).<br />
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Population and Sample<br />
The population sample will include all drug offenders, both children and adults of either gender. This means even juvenile criminal courts will be included. This is because drug offences among juveniles have been on the rise in the recent times.<br />
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Data Analysis<br />
The data will be analyzed using the comparative approach. First, the totals for every type of court will be found and the difference between the two established by a simple calculation. The difference will then be expressed as a percentage, and will be used to show the relative cost of operating each type of court. Analytic induction will also be used. The data will be measured based on the hypotheses, and in the event there is no agreement, a change of the hypotheses will be carried out appropriately.<span style="white-space: pre;"> </span><br />
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Ethical Issues<br />
It will be difficult to convince some drug offenders to take part in the direct interviews as it will be difficult to have them answering some of the questions. There is also the problem of getting access to financial records of court personnel as this might be viewed as an attempt to convey to the public the deep secrets in the systems such as the salaries and wages of the personnel. To overcome these ethical challenges, the researchers will promise to treat all information they receive with confidence, including keeping identities of participants secret.<span style="white-space: pre;"> </span><br />
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Project organisation, management, schedule and budget<br />
The research is expected to last five months as many records will have to be perused and many calculations done. Data analysis and collection alone might take two months each. The research is projected to commence on 21st July 2010 after a three-week preliminary planning period. It is projected that the key expenditures will be on personnel allowances, travel and accommodation, data collection and analysis equipment and facilities, and rental fees.<span style="white-space: pre;"> </span><br />
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Conclusion<br />
The research is expected to be faced with challenges like failure to find accurate records as it is difficult for some people to disclose their earnings. There is also the threat that due to the huge mix of qualitative and quantitative data, it might be difficult to reach a clear conclusion. On this basis, further research is proposed in the area of efficiency of the drug courts.bloggerhttp://www.blogger.com/profile/00959827063701472131noreply@blogger.com0tag:blogger.com,1999:blog-1380130208988716094.post-81870953641358990552018-03-03T02:02:00.001-08:002018-03-03T02:02:49.124-08:00The criminal justice systemThere are three interdependent agencies (law enforcement, courts and corrections) which work at the federal and local levels. The present criminal justice system is based on three theories retributive, rehabilitative and restorative theories. These are basically the steps that an offender must go through in order for the system to succeed. (Thomas 2005)<br />
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Probation and parole in correction<br />
The use of parole and probation is governed by two competing philosophies positivism and classicalism. Classicalists posits that offenders choose their behavior and therefore they should be punished to avoid future criminal acts. On the other hand positivists assert that individuals are forced to commit crimes and therefore the conditions that lead to such behaviors must be corrected, ultimately leading to the rehabilitation of the offender. Legal acts and public opinion dictate the application of parole and probation.<br />
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Probation refers to the withholding of sentence and allowing the offender to serve sanctions imposed by the court while living in the community. This is the most used correctional option that does it work under the probation department. Probationers are required to adhere to condition set by the courts including reporting to the probation officers and maintaining employment (Bureau of Justice Statistics 1988).<br />
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Probation and parole officers have two main functions in the criminal justice system. First they help in decision making process which involves investigation work to help the courts in making decision to probation in lieu of a prison sentence. For parole the decision would be to release the offender from jail. Secondly the officers provide supervision for those offenders who are judged suitable for release back to the community (Bureau of Justice Statistics 1988).<br />
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The origin of probation<br />
Probation can be traced to the use of several judicial practices used in England and American courts. Bail for example allowed defendants who accepted certain conditions for release to go back to the community to wait for trial. After setting the bail conditions the judges failed to do anything later. Thus the defendants were released to the community on conditions just like today. If they did not meet the requirements of the release, the set conditions were revoked (Thomas 2005)<br />
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Probation is used mainly for convicted offenders although it is used sometimes to supervise those offenders who have not been convicted. It can also be used incarceration in several ways such as split sentences and intermitted sentences .Someone given a split sentence would be incarcerated for a short period (6 months) before beginning probation. Intermittent incarceration requires those on probation to spend right or weekends in jail. (Thomas 2005)<br />
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The administration of probation is not as clear as that of jails and prison. There are 3 modes probation in the states State - administered, local administered and mixed models.<br />
Parole on the other hand, refers to the releases of a prisoner after seaming some part of sentences on condition. There is a period of supervision following a prison term. This means a parolee is placed on community supervision and must abide by certain conditions, and restriction just as probation. Prisoners who have served their full term are not placed under community supervision.<br />
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Origins of parole<br />
Towards the middle of the 19th century most lawbreakers were given flat sentences in prison. The offender received a specified amount of time to stay in prison for a specific crime committed. This resulted in a major problem since prisons became crowded. To address this issue the authorities were forced to give mass pardons or the prison warders released prisoners randomly in order to create room for incoming prisoners (Van 1977).<br />
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Parole operates just like probation but it is administered at the state level. The main differences is that parolees have served a prison term and most of them have been served a prison term and most have been convicted of felony. It also involves overall conditions just in probation such as fines. Intermediate sanctions such as home confinement are also used for parolees. (Thomas 2005)<br />
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Advantages of parole and probation<br />
Cost Probation and parole reduce costs of housing the offender in a detention facility. Corrections cost taxpayers about 70 billion annually. Implementing alternative to incarceration is a good measure of mitigating these costs. Thus the efficient management of probation and parole will greatly minimize costs.<br />
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Space Another advantage of probation and parole is that they assist in reducing overcrowding in prisons and jail. Offenders who are placed on probation are usually not violent criminals. By using probation and parole, beds are freed up to keep violent criminals, which is a benefit to the society in general.<br />
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Recidivism If parole and probation are managed well they can reduce recidivism rate by close to 40. Recidivism is where a criminal goes back to crime after being released from jail. Reduction of this rate is very important because it reduces the overall crime rate and increases the safety of the society as a whole (Van 1977).<br />
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Disadvantages of parole and probation<br />
Community Stigma Offenders on probation and parole face harsh reactions from the community as the community may feel that these criminals are able to commit other crimes. This places strain on the life of the offenders as they try to adjust to normal life.<br />
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Few Job Prospects People on probation or parole must look for jobs to meet their financial obligations. They are required to disclose criminal records and probation or parole status to potential employers. Most employers do not like people with criminal background thus forcing people on probation and parole to seek low paying jobs.<br />
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Restrictions and Rules People under parole and probation have difficulty adjusting to normal life because of the strict lifestyle that the restrictions demand.<br />
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Contradiction in Monitoring Probation and parole officers have liberty in determining the rules pertaining to violation of probation or parole. For example missing a session might be a violation to one officer and he may demand that the offender go back to prison, while another officer may just need an explanation (Thomas 2005)<br />
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Intermediate Sanctions in correction<br />
Intermediate sanctions are designed primarily for offenders who require a correctional option that is punitive and restrictive than probation but less severe than imprisonment, although they are also used for a variety of offenders like person on probation, person on parole and prison inmates among others. Unlike probation and parole, it is difficult to accurately determine the number of offender involved in intermediate sanctions. This is because it is varied, complex and dynamic (Brown, 1990).<br />
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There is widespread debate on the effectiveness of most of the community correctional practices. Empirical evidence show that intensive supervision, electronic monitoring shock probation and other control oriented practices do not minimize recidivism although these sanctions can reduce prison crowding (Brown, 1990).<br />
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Other practices such as halfway housing and day reporting centers are effective in changing offender behavior. Studies also indicate that there are reductions in serous offences such as auto theft and burglary in re-offending among cohorts with high proportions of intermediate sanctions (Randolph 2005).<br />
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Future of Parole and Probation<br />
Thomas Gale (2005) summarizes the future of parole and probation thus If the future of community corrections is the creation or maintenance of public safety, the prospects for success would surely be increased by some borrowing from the joint efforts that contribute community justice and restorative justice(p.108). This future is most likely. Through aligning their operational capacity to make the communities safe, probation and parole have a chance of creating enough public worth to secure the political and material support they require.bloggerhttp://www.blogger.com/profile/00959827063701472131noreply@blogger.com0tag:blogger.com,1999:blog-1380130208988716094.post-54872783967092190932018-03-03T02:01:00.003-08:002018-03-03T02:01:41.195-08:00ADJUSTING TO TERRORISM An effective campaign against terrorism should deny undesirable elements access into the country without jeopardizing existing human rights regulations. This calls for collaboration between the various intelligence services and the police to share information about suspected terrorists (E.K.U., 2005). This will ensure that police at border controls prevent the infiltration of terrorists by crosschecking the persons details with a centralized database containing information about terrorist organizations and their members. Such a system should employ the most recent technology involving fingerprint and optical identification which will increase the accuracy in identifying known criminals.<br />
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Some border posts are ill equipped to deal with real-time communication of data between inter-agencies (E.K.U., 2005). Their communication links are outdated and incapable of transmitting data at high speeds. Verification of bio-data would take a long time and slow the immigration process which would inconvenience a lot of people. Visa processing in some overseas countries is lax and background checks on visa applicants are not as thorough as it should be. This laxity is responsible for a number of suspected terrorists gaining entry into the USA.<br />
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By tightening immigration rules and establishing efficient communication channels for verification of bio data, border posts and overseas missions will respond in real time to red alerts on the status of an immigrants application (Fuller, 2005). This will prevent them from issuing a visa to fly or cross into the country. As a first line measure of attack in the war against terror, this initiative will significantly reduce the entry of undesirables. To succeed, it will require a large investment in IT and an increase in the human resource budget to ensure that all borders posts are fully staffed.<br />
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Border control posts should be equipped with the latest machinery to help in identification of persons and baggage inspection. Modern communication systems that can transmit data at high speeds will ensure that an applicants status is confirmed before access is allowed or denied. Training programs geared towards improving officers skills in identifying people need to be conducted to ensure accurate results (E.K.U., 2005). These programs should include interrogation techniques to get information which would reveal a persons true identity even when they are in disguise. <br />
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Refresher courses should be held at regular intervals to update the officers on new skills and measures. Tips to other countries should be arranged so that officers can witness first hand the way other law enforcement agencies deal with the terrorism threat. Renewal of visas will enable officers to net those already in the country. By reevaluating each renewal application to establish the veracity of the persons identity, immigration officers can arrest those suspected of terrorist activities. Police manning these posts should be well remunerated to discourage them from engaging in corrupt practices. Routine rotation of officers will prevent the establishment of cartels dealing in illegal immigration.<br />
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The high cost of implementing such a program will be offset by the enhanced security levels that shall be achieved in the long run. Early detection and arrest or repatriation of undesirables will keep America safe from terrorist activities. <br />
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In conclusion, border control and immigration police should be vigilant in carrying out their duties. By providing them with the latest techniques and equipment for identifying suspected terrorists, the entry into the country of terrorist agents will be severely curtailed. These measures will make the country safer from acts of terrorism.bloggerhttp://www.blogger.com/profile/00959827063701472131noreply@blogger.com0tag:blogger.com,1999:blog-1380130208988716094.post-28937042936354583852018-03-03T02:01:00.001-08:002018-03-03T02:01:13.044-08:00Case Reviews Cruller v. FloridaCruller v. Florida is a case that arose as a function of the Florida state court system. The case was presented to the Florida Supreme Court on a certified question to resolve a case law conflict between sister courts of different appellate districts. The case initially arose from a violation two state criminal statutes, armed robbery and car-jacking. The defendantappellant appealed his conviction to the Third District Court of appeals in Florida on the basis that a conviction of armed robbery and carjacking under the same factual predicate amounted a violation of the double jeopardy clause of the United States Constitution.<br />
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The Cruller appellate court held that the defendants conviction of both offenses did not constitute double jeopardy, a holding that was inapposite to the holding of its sister court in the in the First District. <br />
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While the basis for the appeal in Cruller is a violation of double jeopardy, which is prohibited by the United States Constitution, the individual states have enacted anti-double jeopardy statutes.<span style="white-space: pre;"> </span>In the Cruller case, the statute in question is section 775.012 of the Florida Statutes, which represents the Florida codification of the double jeopardy clause.<br />
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The original venue for the case was a criminal trial court in the state of Florida, which convicted Cruller. Cruller then appealed, which transferred jurisdiction and venue to the Third District Court of Appeals in Florida. Because of the conflicting case law from the First District, the Third District Court of Appeals certified the double jeopardy question to the Supreme Court. When the Supreme Court accepted certification, it obtained jurisdiction pursuant to the Florida Constitution, Article V, 3(b)(4).<br />
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United States v. Lopez-Montanez.<br />
Lopez-Montanez is a case arising under federal jurisdiction. In this case, the defendant-appellant was convicted by a federal jury in the United States District Court for the Southern District of California, which was also the original venue for the case. The conviction was based on the violation of a federal immigration statute prohibiting re-entry into the United States after a previous removal, United States Code, Title 8, section 1326. <br />
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The defendant-appellant appealed his sentence to the United States Court of Appeals for the 9th Circuit, which maintained jurisdiction until it rendered its decision. After its opinion and order, the case was remanded back to the federal district court to vacate the initial sentence and to resentence the defendant-appellant.<br />
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The appeal in this case was based on the sentencing enhancement that was applied to the defendant-appellants sentence due to a previous violation of a California State Penal Code section (243.4(a)-sexual battery). The sentencing enhancement is available if the previous crime committed is a categorical crime of violence. In its opinion, the 9th Circuit Court of Appeals held that the government failed to prove that the previous state crime as indeed a categorical crime of violence, overturned the sentence (not the conviction), and remanded to the District Court for resentencing.<br />
State v. Ringquist.<br />
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Ringquist arose from a North Dakota state trial court (the District Court of Stark County), which was its original venue. This case involves a search and seizure issue, which implicates the Fourth Amendment of the U.S. Constitution. In the Ringquist case, however, there is a provision in the North Dakota Constitution which mirrors the Fourth Amendment prohibition against illegal searches and seizures. This case represents the North Dakota Supreme Courts constitutional question jurisdiction, as it must decide which U.S. Supreme Court decisional framework to apply to its Fourth Amendment jurisprudence.<br />
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In the case, the district court granted a motion to suppress evidence because the search in which the evidence was found was unsupported by adequate probable cause. So, although it is a state case, arising in the state court system, the appellate court looks at both state and federal jurisprudence due to the constitutional implications of a potentially illegal search, but relies primarily on United States Supreme Court opinions regarding suppression and Fourth Amendment issues. <br />
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After analyzing federal jurisprudence, along with decisions interpreting the North Dakota State Constitution, the North Dakota Supreme Court, which acquired jurisdiction on appeal from the district court, adopted the Supreme Courts reasoning in Gates as applicable to probable cause issues arising under the North Dakota Constitution.<br />
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People v. Turner.<br />
Turner is an interesting case because it involves an interlocutory appeal, which means an appeal from a non-final order. In Turner, a pre-trial discovery ruling was made by the Chaffee County trial court, a Colorado state court, which was the original venue for the proceeding. The ruling was an order to an agency to provide certain documents pursuant to a subpoena duces tecum.<br />
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The agency petitioned the Supreme Court for an order to show cause, claiming that the materials requested under the subpoena were privileged. In normal circumstances, the Supreme Court would have to deny jurisdiction on the basis that no issues were ripe for appeal, because no final orders to the merits have case had been issued. Here, however, the Colorado Supreme Court exercised its original jurisdiction, as granted under the state constitution to correct trial court abuse of discretion when the rights implicated are important and there is a potential for irreparable harm. In Turner, the court chose to exercise its original jurisdiction because the outcome has a significant impact on these parties, and because the question of discoverability of victim advocate records is an issue of public importance that this court has not previously addressed.<br />
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United States v. Williams.<br />
Williams is a federal case on appeal to the United States Court of Appeals from the United States District Court for the Eastern District of Michigan, which was the original venue of the case. However, on the basis that venue was improper in Michigan, the Sixth Circuit Court of Appeals declined to address any substantial matters of law. Finding that the District Court in Michigan was the improper venue for the trial, the Court of Appeals held it erred when it denied the defendants motion for a change of venue, and therefore lacked jurisdiction over the Defendant. Because the District Court from which the appeal was taken lacked jurisdiction over the case, the Sixth Circuit also lacked jurisdiction over substantial matters of law. The Sixth Circuit reversed the conviction, vacated the judgment, and transferred venue to federal court in Texas, which was the proper venue.bloggerhttp://www.blogger.com/profile/00959827063701472131noreply@blogger.com0tag:blogger.com,1999:blog-1380130208988716094.post-74648035493926363562018-03-03T02:00:00.002-08:002018-03-03T02:00:31.128-08:00Arguments in Favor of Race-Based Jury NullificationTrial by jury in the United States is an indispensable part of due process. David A. Wenner (2007) once said that it is the cornerstone of democracy. In view of its importance in Americas criminal justice system, the American Bar Association estimated that the United States accounts for over 95 of all the jury trials in the world even if England no longer relies on jury trial (Trial by Jury, 2008). Lord Devlin, British law lord, once said that the jury trial is the lamp which shows that freedom continues to live (Jury bears heavy burden as lamp of our freedom, 2007, p.1). For the advocates and supporters of jury trials, the jury is more than an instrument of justice and more than one wheel of the constitution (Jury bears heavy burden as lamp of our freedom, 2007, p.1).<br />
<br />
However, the performance of the duties of the jurors is often placed under scrutiny especially if they render not guilty verdicts despite the evidence presented against the accused. For instance, in January 2009, the jurors in La Salle County Circuit Court found Loren J. Swift not guilty of the charge of possession of marijuana with intent to deliver. Several courthouse observers say that the jurors voted not guilty out of sympathy with him even if they believed that Swift was guilty.<br />
<br />
The objections against jury nullification spring from the lack of knowledge of the role of the jurors in the criminal justice system. Jury nullification whether or not on the basis of race is just an exercise of the right of the jury to vote not guilty in a criminal proceeding. When the jury acquits the defendant it is merely performing its solemn duty under the Sixth Amendment which is to ensure that the rights of the accused are protected against an arbitrary and bias judge and against an abusive legislative measure. In fact, since time immemorial, jurors have been instrumental in guarding against abuses. For instance, it was believed that jury nullification was used by jurors whenever individuals were charged under the Fugitive Slave Law, Alien and Sedition Act and alcohol prohibition laws (Radley Balko, 2005).<br />
<br />
Until now, the minorities are still being discriminated in the society. They are the ones who are suspected of being involved in crime, arrested by the police on flimsy grounds, and charged despite the inadequate evidence. The jurors continue to play the role of the collective conscience of the community. They have the solemn duty to render not guilty verdict if they find that an injustice was committed against the minorities. It is not actually an issue of race but an issue of nullifying the injustice in the law so as to secure justice for the minorities. The advantage of the jurors is that their perspective is different form the judges, prosecuting attorneys and the lawmakers. Thus, John Adams once said that It is not only the jurors right, but his duty...to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court (Radley Balko, 2005).<br />
<br />
On the other hand, the trend nowadays is to limit the powers of the jurors in view of the modern-day resentment against jury nullification. In fact, in 1996, a bill which required judges to inform the juries in criminal trials that they have the power to judge the law as well as the evidence, and to vote on the verdict according to conscience was scrapped by the legislators. One of the reasons is that jurors do not have adequate knowledge of the law to be able to make the proper determination of the guilt or innocence of the defendant. Oftentimes, in their desire to protect the accused against abuse and oppression they issue not guilty verdicts even when there is a clear showing of evidence of guilt and remorseless conduct against the accused. Moreover, the very concept of jury nullification is an anathema to the function of the Legislative Branch of Government. When juries issue not guilty verdicts against an accused who is clearly guilty beyond reasonable doubt in view of the evidence against him, the jurors are deemed to be nullifying the law. It is the same law which was passed by the legislature who are the same individuals voted and chosen by the public to represent them and to pass laws for the common good. <br />
<br />
Conclusion<br />
Jury nullification on the basis of race is an issue that is difficult to prove. It is my argument that it is still in the best interest of the criminal justice system for the jurors to be allowed to perform their function. It is my opinion that jury nullification in general promotes the best interest of the criminal justice system. In the first place, there is always the presumption that the individuals chosen as jurors in a criminal proceeding knows enough about the importance of their role in the criminal justice system that they will not take it for granted. Secondly, it is always better for the jurors to be allowed to perform their solemn function under the constitution rather than to limit them. Jurors perspective is different from the perspective of the judges, lawyers, prosecuting attorneys. It is precisely why jurors are needed during criminal trials. Unlike the prosecuting attorneys they do not have the pressure to win every case they file against the accused. Unlike judges who in their zeal to obey the wishes of the higher authority may give in to these pressures, jurors are not subject to any pressure from any higher authority. Unlike the attorneys who have the duty to please their clients, jurors do not have to please anybody. Jurors can simply decide on the basis of what their conscience tells them. bloggerhttp://www.blogger.com/profile/00959827063701472131noreply@blogger.com0tag:blogger.com,1999:blog-1380130208988716094.post-23429578620396714672018-03-03T01:59:00.003-08:002018-03-03T01:59:55.838-08:00The difference between interviewing interrogationInterviewing interrogation two forms of probing are the powerful tools that are used to delve into matters of immense consideration. However, there are fine distinctions between viability of the two.<br />
<br />
Interrogation is an inquiry or examination that is meant to evoke, debrief or elicit certain unknown or hidden facts that are meant to be brought to the limelight. It is said that this technique of information gathering is usually used by police, military intelligence agencies. On the other hand interview is a sort of research, a studious inquiry aimed at a discovery of something innate that an interviewer aspires to obtain from the interviewee through a professional conduct.<br />
<br />
Conversely, it should be noted that all interviews are sorts of interrogations whereas all interrogations are not interviews. Nevertheless, all of us ranging from different age - groups undergo some sort of inquiry in every aspect of our life but not everyone goes through interviews with such a frequency. A teenager interrogated by his parents on reaching home late night, he is questioned by his subject teachers on not meeting assignment deadlines. Same child is inquired by friends on not attending a birthday party. These are all forms of interrogations that the child encountered. However, If the same guy receives a call for a high school admission interview that is another separate professional purposeful entity than mere probing. Hence we establish that both forms of communication devices vary in forms intensity. Now we shall look at basic differences between the two modes of inspection( HYPERLINK httpwww.amazon.comNathan-J.-GordoneB0034P7SVCrefsr_ntt_srch_lnk_1_encodingUTF8qid1274327151sr1-1 Gordon Fleisher,2006).<br />
<br />
Major differences between interview interrogation<br />
Interviews are usually formal interrogations are both formal informal.<br />
Interrogations may turn wild sometimes, in case of torture the interrogator may use even unethical means to generate results whereas ethical imperatives constraints highly weigh in interviews.<br />
<br />
Interviews are conducted in controlled cordial settings but investigations have no such limits always( HYPERLINK httpwww.amazon.comSteinar-KvaleeB001JSFBEMrefsr_ntt_srch_lnk_4_encodingUTF8qid1274327064sr1-16 Kvale Brinkmann,2008).<br />
<br />
Generally people can evade interrogations but interviews are set with the consensus of the subjects.<br />
<br />
Interrogation in the criminal context is an art the interrogator must learn melodramatic skills. Here several other factors need to be considered as well. As in, the investigator must learn to swap his roles cause his suspects may range from different age groups professions. They may be lawyers, doctors, housewives or juvenile delinquents. Hence, the investigator may be able to obtain desired confessions from suspects creating a comfort zone rapport. It is important to perform the task in a small controlled, sound-insulated room void of distractions. Interrogators must avoid rooms that have clocks, telephones, intercoms etc, cause those can cause distractions to both people involved in the process. To psychologically trap such subjects using all possible techniques we must consider subjects verbal non-verbal gestures as well. In this case creating an eye- contact is also mandatory. It provides an insight if interrogator can read faces eye movements( HYPERLINK httpwww.amazon.comSteinar-KvaleeB001JSFBEMrefsr_ntt_srch_lnk_4_encodingUTF8qid1274327064sr1-16 Kvale Brinkmann,2008).<br />
<br />
Besides, interrogator must have a documented form of the case he is investigating, to consult the papers for information about the case as well as subjects background. He must also jot down the key facts or results being obtained from the process. Apart from inquiring probing there must be argumentative points on which to counter question. In order to create such argumentative modes the interrogator should be analytical enough to gauge critical facts or confessions on whom further line of reason can be built.<br />
<br />
A specific time frame should be allotted to the whole process in order to make it comprehensive well-built. In the end, the investigator must understand the fact that even after such prudent thorough investigations some questions would still remain unanswered, which can be catered or further worked upon as the whole interrogatory process is based on trial error method.<br />
<br />
In recent trends criminal interrogations have become infamous have taken very brutally harsh forms, defying the true spirit of investigations. Partly, because of the tactics adopted in the name of enhanced interrogation techniques or alternative set of procedures, the phrase assumed by the HYPERLINK httpen.wikipedia.orgwikiGeorge_W._Bush_administration o George W. Bush administrationGeorge W. Bush administration in the United States to describe interrogation methods used by HYPERLINK httpen.wikipedia.orgwikiUS_military_intelligence o US military intelligenceUS military intelligence and the HYPERLINK httpen.wikipedia.orgwikiCentral_Intelligence_Agency o Central Intelligence AgencyCentral Intelligence Agency (CIA) to extract information from individuals captured in the war on terror soon after the HYPERLINK httpen.wikipedia.orgwikiSeptember_11_attacks o September 11 attacksSeptember 11 attacks in 2001( HYPERLINK httpwww.amazon.comMatthew-AlexandereB001JRXNU2refsr_ntt_srch_lnk_6_encodingUTF8qid1274327151sr1-7 Alexander Bruning, 200). <br />
<br />
Stories continue to be concocted explaining the real face of tactics which can be termed as even torture. I feel skeptic about adding the mental tortures in the category of any sort of investigations. However, places like Guantanamo bay sound synonymous to torture cells where criminals are tormented to the utmost degree leaving numerous innocents mentally upset as a result.<span style="white-space: pre;"> </span><br />
<br />
To recapitulate, both tools have their own pros cons with varying intensity levels. It is up to the researcher or seeker of the truth to deploy a method which can bring forward the best possible results, for both are meant to clear doubts obtain apparent repercussions.bloggerhttp://www.blogger.com/profile/00959827063701472131noreply@blogger.com0tag:blogger.com,1999:blog-1380130208988716094.post-60999904742035329212018-03-03T01:59:00.000-08:002018-03-03T01:59:08.178-08:00Effectiveness of Community Policing1.0 Introduction<br />
The police department uses different strategies in solving various disorders in the community and crimes. Community policing is one such strategy, a philosophy that uses organization strategies that support systematic use of partnerships and the problem solving techniques to proactively address all the conditions that are related to issues of public safety, crime and social order. It gives room for the community and the police department to work together in addressing issues related to crime (Bureau of Justice Assistance, 1994). The partners may include police, media, private businesses, community members and other government agencies. Since much more is associated with the strategy, this research shall explore the issue of community policing extensively. Specifically, effectiveness of community policing will be highlighted.<br />
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2.0 History of Community Policing in United States<br />
Community policing in US is one of the most popular topics as it is in other countries. It is funded by the federal government and established under the Violent Crime Act of the year 1994. Its services are supposed to focus more in the ways of preventing crimes and the same department is trained on how to prevent terrorism in the neighborhood and schools. The department aims at effective use of physical environment in reduction of crime hence Crime Prevention Through Environmental Design (CPTED) (Fleissner, Heinzelmann1996).<br />
<span style="white-space: pre;"> </span><br />
Policing in US had gone through various reforms due to several changes that have been taking place in the society. There are three stages that are identified in the 19th and in the 20th century namely the political era, professional era and the community policing era. In the political era that is even before 1900, police were controlled by the politicians. They were quite aware of their neighborhoods and used to keep law and order in those neighborhoods. However, the period was still characterized by corruption and the abuse of the immigrants rights (Wadman, 2009).<br />
<span style="white-space: pre;"> </span><br />
After the political era, the profession era followed closely, between the years 1900-1970. The police were relying heavily on the technology such as automobile patrols, 911 emergency calls and radios. The police focused more on crimes and did not heed to other problems in the community. However, in the year 1970 the police department started addressing other problems in the society especially those that had developed during the professional era, marking the beginning of community policing era. The reactive methods that were being used initially began to lose meaning as they never allowed enough investigations to be conducted. Towards the end of 1970, some researchers saw the need of using a problem solving approach and from then onwards, more researchers continued to contribute to the same (Fleissner, Heinzelmann1996).<br />
<br />
2.1 Components of Community Policing<br />
The increasing recognition by the police and members of the community that the initial crime fighting techniques cannot effectively control crimes while used without back up has given rise to the community policing. As highlighted in the introduction, the key components of the strategy are problem solving and partnership building. The first concept that will be discussed is the partnership building which is supposed to be built between the police and the community. In this concept, one of the goals is establishing and maintaining mutual trust between the community and the police. Since building of trust may take some time, the police are supposed to come up with activities that the community can participate in. Building of trust may take a different duration of time depending on the type of community since studies of Bureau of Justice Assistance (1994), illustrate that building trust with a poorer community is difficult than with a more affluent community. It is only trust that can help the police access valuable information from the members of the area.<br />
<span style="white-space: pre;"> </span><br />
In community policing, the society is viewed by the police as an equal partner in the process of controlling crime since members of the community investigate on the matters concerning crime and disorder. To identify crime, the police officers and the community partnership make relevant consultations with both the business people and other residents. They may go to an extent of visiting people in their homes to offer security advice or even help them to organize watch groups. To maintain the partnership, the chief security officer maintains healthy communication between the police and the community as well as making the effort of explaining every tactic and effort that is being used by the police in the management of crimes.<br />
<span style="white-space: pre;"> </span><br />
The process of problem solving involves engaging in proactive and systematic examination of the already identified problems by the community to develop and study the most effective responses. The first step is identifying and prioritizing the problem which is usually done by the community. Then, extensive research is conducted concerning the problem including the causes of the same problem. After this, solutions are developed which can help reduce or even eliminate the problems. Finally assessment is done which involves the evaluation the success rate of the responses used in solving the problem (Bureau of Justice Assistance, 1994).<br />
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2.3 Effectiveness of Community Policing<br />
Community policing like any other strategy, has had some positive impacts more so in America. A lot of studies have been conducted to investigate on the effectiveness of the same in the areas where the strategy is in use. It is therefore important to incorporate the research findings of these studies while discussing the effectiveness of the community policing. In addition, the nature and the processes involved in the strategy still add up to the effectiveness of the strategy.<br />
<span style="white-space: pre;"> </span><br />
Community involvement in policing strategies contributes a lot to the effectiveness of the strategy. Since the police works with the community at all levels, community input is highly regarded and contributes greatly to the effectiveness of the same. Members of the society are used to identify the crimes that need to be addressed. They are also given an opportunity to come up with the best response to address a specific crime. Since they are actively involved in the whole process, they develop trust which in turn makes the work of the police easier.<br />
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According to the studies of McDonald (2002), a sharp decline of violent and dangerous crimes has been recorded in the major cities in America. Although the same study indicates that community policing had little effect on the level of crime reduction, this decline can still be attributed to different approaches used in community policing since the changes were noted only after the police department shifted from the traditional mode of reactive policing to a community policing approach. The reduction of crimes is just but one sign to illustrate that community policing is effective and has been, particularly in the United States.<br />
<span style="white-space: pre;"> </span><br />
Since community policing engages the local communities, it can be very effective since people are always ready to take part in strategies that involve their safety. In a research that was conducted in the city of Detroit investigating the willingness of the community to take part in community policing, about seventy eight percent of the total population agreed that they were ready to work with the police (Tillman, 2000). Having people who are ready to work with the police is the first step that can illustrate the effectiveness of the strategy since the tactic cannot be effective without the input of the community.<br />
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In the city of Chicago, a research was still conducted to investigate the issue of community policing. The research indicated that since the strategy was established in the year 1993, major improvements concerning security have been noted (Tillman, 2000). The same studies record that the community was quite aware of the strategy and about 28 had attended at least one meeting a year prior to the research. A training program was established in the community and it was anticipated that the same group that attended the training would also take part in problem solving activities. Since the program used computerized crime mapping, it was possible for the police to access information concerning crimes which was important in developing crime patterns and matching the crime with various events and conditions as well as come up with appropriate prevention strategies eventually (Tillman, 2000). In the city of Chicago, the community policing strategy proved to be effective. The members of the community were very much committed to the program and the police department as well. Despite the fact that there were problems relating to the same, more strategies were being developed with the help of the community as a means of improving the program.<br />
<span style="white-space: pre;"> </span><br />
In the City of New York, community policing was found to be very effective since it led to the reduction of crimes. More specifically, the aim of the strategy in the area was to prevent crime by arresting all those people who committed the petty crimes. In a certain occasion, a major frisking operation was conducted which was aimed at arresting those who were in possession of guns and other weapons illegally. As a result, the chief security officers reported that the rates of crimes related to murder dropped significantly. This illustrates that the effectiveness of the strategy results from the fact that it addresses all the conditions that can result to crime or criminal activities. For instance, in a housing estate, the strategy may focus on discouraging teenagers who gather idly. Consequently, the same may lead to a reduction of crimes like robberies and drug dealing especially by teenagers.<br />
<span style="white-space: pre;"> </span><br />
Despite the fact that the efforts of the police and those of the public are always geared towards one aim of crime reduction, there are specific activities that the police can carry out and those that the members of the public can accomplish. According to the studies of Fleissner Heinzelmann (1996), police can conduct security surveys and enhance security by providing adequate lighting and the locks. They can also inform the residents on the high risk areas as well as work with other agencies like the building of planers to enhance the security of residents. Likewise, the community can join an already organized watch program, carry out their own patrols to identify problems then take part in programs that improve safety appearance and use of public places. Such a collaborative effort is usually very effective since a lot is usually achieved through the same. <br />
<span style="white-space: pre;"> </span><br />
Community policing is far much better compared to the traditional poling due to the drawbacks of the latter. For instance, traditional policing is reactive such that the work of the officers is actually to handle crimes when they have already been committed other than crime prevention and it is incident driven since the police only work with limited information. Barely do the traditional policing use other means of solving the problem, other than invoking the criminal justice process. All these drawbacks in traditional policing strategy are solved in community policing strategy as it was developed mainly with an aim of solving the shortcomings.<br />
<br />
2.4 Challenges of Community Policing<br />
Though a better policing strategy is required by all the communities, several obstacles have faced the implementation of the same. According to the studies of Chiou, (n.d), the biggest problem has been changing the already present culture in the police department. Before the implementation of the strategy, the police chief has to make the officers believe that the strategy is more effective than the traditional policing strategy. Most scholars believe a lot of officers tend to be resistant to the strategy due to the fact that it is not a unitary concept. Different people have different perspectives of the strategy and there is lack of enough empirical evidence to support the assumptions that people do posses. In addition, the strategy requires the officers to assume some tasks which are quite challenging since they are required to fight crime and at the same time help citizens. This also increases the duties of a police officer and it sometimes becomes pretty hard for one officer to handle all the responsibilities. Critics of community policing argue that it sometimes interferes with the constitutional rights of the citizens especially where they are required to act as vigilantes.<br />
<span style="white-space: pre;"> </span><br />
The most important aspect in community policing is community support, without which the strategy cannot be carried out. Obtaining the support is quite challenging since the same community may have conflicting interests. For instance the youth and the older generation may have different views on the same problem. People who criticize the strategy argue that there is no empirical evidence to support that the neighborhood groups organized by the police help in crime reduction. Since other government agencies are also important in implementing the strategy, it still becomes a challenge to solicit support from them all. Finally, evaluating the performance becomes a major challenge due to the fact the concept has not been adequately defined, and it lacks external validity.<br />
<br />
3.0 Conclusion and Recommendations<br />
If community policing can be carried out efficiently, it can be very successful and effective. Various studies that were conducted in New York City, Detroit and Chicago illustrate that its implementation in such places led to reduction of crimes. Moreover, the same study indicate that a large proportion of the population were ready for the strategy for they had embraced it. Some used to attend the community meetings addressing the same issue and were satisfied with the contribution of the same. Where technology was used like in Chicago, a lot was derived from the same. The use computer technology in crime mapping increased the efficiency since the police could obtain the information about crimes more easily. Since the strategy addresses the major drawbacks of traditional policing, it ends up becoming more effective. However, the implementation of an effective community policing strategy depends with how developed the police organization is.<br />
<span style="white-space: pre;"> </span><br />
The studies of Chiou (n.d) suggest that for the strategy to be more effective, it is important for some changes to be made in the police department. The police satisfaction should be enhanced before public satisfaction. The police officers require skills that can help them identify and solve the community problems since all that is entailed in community policing demands a lot of skills. With the relevant skills and passion, the police officer can easily perform his duties. In addition, the police need to change their mode of operation in order to obtain public acceptance and trust. It is also important to understand that communities are different and therefore studying them before implementation of the strategy can guarantee success. Bent on the fact that the strategy in question may be new in some communities, it bears noting that, there are some measures that can be taken to improve on the efficiency of its implementation. Since a lot of the critics argue that there is lack of enough empirical evidence, more research needs to be done with regard to community policing.bloggerhttp://www.blogger.com/profile/00959827063701472131noreply@blogger.com0tag:blogger.com,1999:blog-1380130208988716094.post-51286319227393906652018-03-03T01:08:00.000-08:002018-03-03T01:08:04.537-08:00Qualitative Social Research (II)Sociological researcher, Steven Taylor, in his articles discusses the moral and ethical issues researchers must grapple with when they are carrying out studies of abusive behavior in institutions that have weak and disadvantaged people in our society. He cites his own 1 year work experience in a state institution for the mentally retarded to highlight his concerns.<br />
<br />
He describes it as being in deplorable physical condition and grossly understaffed. The attendants had little training and there were no therapy programs. They controlled the inmates through verbal and physical abuse directly to them and forcing them to clean up their own mess, including feces and urine. They also pitted some inmates against others, such as giving and withholding favors of coffee, food and drugs. Further they forced them to perform humiliating acts such as swallowing lit cigarettes and performing fellatio on each other.<br />
<br />
Mr. Taylor felt that in order to gain the trust of the attendants and thereby get more valid observations, he had to develop a rapport with them. He did so by drinking beer with them and socializing in other ways. He also played the nave student role and refrained from being critical about their methods. Nevertheless, he was troubled by the abusive behavior he witnessed, but in a quandary as to what to do about it. The attendants, for their part, rationalized their behavior by saying the inmates dont hurt like we do and treating their actions as entertainment. Personally, I suspect they really didnt know how to properly treat the inmates and were desperate to try anything that seemed to control them at least in the short run.<br />
<br />
The author then posed the question as to what the researcher should do in the face of this ethical dilemma during his study. He considered 4 alternatives<br />
1)intervene., for example to as attendant to stop or threaten to inform his supervisor. The problem with this approach is that it would spell an end to rapport with the attendants and thereby hinder the researchers ability to collect data on daily activities.<br />
<br />
2) leave field. But research is needed to learn why people abuse.<br />
<br />
3) blow the whistle. This would obviously shatter rapport and violate the confidentiality provisions of the ASA Code of Ethics.<br />
<br />
4 continue study- which is what Mr. Taylor did. Obviously he felt that although this might not appear to be a good option it was the least bad to him.<br />
<br />
The author then suggests 4 ways to deal with immoral acts<br />
<br />
1 participation in abuses. He contends this is never justified, and that research goals can be accomplished without making human subjects suffer. Furthermore it is I clear violation of the ASA Code of Ethics.<br />
<br />
2 )observation of abuse. This may be the price to pay for conducting field research in immoral situations, but a person can never sit idly by in extreme cases like murder and rape.<br />
<br />
3 inadvertently contribute to abuse because of reactive effects . It is clear that often this cant be controlled by the researcher and therefore cant be resolved by a professional code of ethics. However the researcher can refrain from encouraging it, for example pretending not to hear an invitation to join in such behavior.<br />
<br />
4) doing something about abuse after study, that is, by publishing it and trying to get political action especially through mass media such as TV and newspapers.<br />
<br />
Finally Taylor concludes the researcher should<br />
<br />
1) debate moral and ethical issues before embarking on a particular study and<br />
<br />
2) make his own assessment about how to resolve professional ethics and personal morality.bloggerhttp://www.blogger.com/profile/00959827063701472131noreply@blogger.com0tag:blogger.com,1999:blog-1380130208988716094.post-74959049924672546182018-03-03T01:06:00.001-08:002018-03-03T01:06:35.868-08:00Recidivism Psychological Sociological, And Economical FactorsOne important study in the field of criminology is that of recidivism. Once recidivism is explored is explored and well understood, it may be possible to reduce the crime rate in certain scenerarios. When researching recidivism, it is pertinent to look at all factors that may be of influence to the offender. This paper will take a thorough look into psychological, sociological, and economicalfactors that may play a role in repeat offenders. Once knowledge is gained regarding common psychological, sociological, and economical issues that trigger repeat offenders, those issues can beaddressed and the person can be rehabilitated after the first offense so that he or she does not continue circulating through the system.<br />
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Before exploring what causes recidivism, it is important to understand the definition of<br />
Recidivism. The word recidivism, according to the Meriam Webster, means a tendency to<br />
Relapse into criminal behavior (Webster). Recidivism is more common in certain crimes such<br />
as property offenders and drug criminals. The study of repeat offenders has been a major issue<br />
in hopes of reducing crime committed by individuals who have previously been involved in the<br />
judicial system. According to the Bureau of Justice Statistics 67.5 of prisoners released in 1994 were arrested within three years, an increase over the 62.5 found for those released in 1983.Even though rearrest rates increase for property and drug offenders, the rearrest for violent offendersremained relatively stable (BJS).<br />
<br />
The 1994 recidivism study estimated that within 3 years 51.8 of prisoners released during the year were back in prison either because of a new crime for which they received another prison sentence, or because of a technical violation of their parole. This rate was not calculated in the 1983 study (BJS).<br />
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According to the Organized Crime Digest in 2006 fifty-six percent of the violent felons<br />
convicted in the seventy-five most populous counties from 1990 through 2002 had a prior conviction (56 of violent felons are repeat offenders). Having this large amount of repeat ofenders is a major Issue facing criminal justice professionals. This large amount of repeat offenders clearly shows that all aspects of the criminals life needs to be evaluated and attempt to rehabilitate the offenderbefore letting them merge back into society. As the judicial system continues to delve into the study of recidivism the sexual offenders are treated with caution. Acording to Ryan King, researcher at The Sentencing Project The corrections system is clearly being very cautious About who is being released from prison for sex offenses. Its a very Significant concern with the public (King).<br />
<span style="white-space: pre;"> </span><br />
One of the first things that should be explored with criminals upon their first offense is the stability of the offenders psychological state. J. Steven Lamberti, M.D. published Understanding and Preventing Criminal Recidivism Among Adults with Psychotic Disorders. Lamberti begins the article by writing,<br />
<span style="white-space: pre;"> </span><br />
The high prevelance of adults with psychotic disorders in the criminal justice<br />
System had received much attention recently, but our understanding of this<br />
Problem is marked by diverging opinions. Mental Health Professionals point<br />
To deinstitutionalization and our fragmented mental health system as primary<br />
causes. Criminologists minimize the role of mental illness and contend that<br />
persons with and without mental illness are arrested for the same reasons. <br />
Meanwhile, practice guidelines offer little guidance to clinicians about how to<br />
<br />
Address the problem (Lamberti).<br />
The majority of criminals posess some sort of mental illness. There must be a great working relationship between mental health professionals and criminologists. Often times a psychologic problem has not previously been diagnosed for different reasons. Most criminals have not had access to a mental health professional until they find themselves in prison. Because mental health professionals are not always accessible, patients with schizophrenia and other psychotic disorders are unlikelu to receive adequate treatment within correctional facilities (Lamberti). The Department of Justice shows that inmates that have been diagnosed with a mental illness, only receive medication to treat their disorder (Ditton). While criminals are in custory, their mental health should be carefully studied, diagnosed, and treated. If the criminals psychological disorders can be treated with therapy andor medication, sucesfully rehabilitating them may be much easier.<br />
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Because mental health has become such a presing issue in the courts, mental health courts have been formed. The goals of mental health courts include<br />
<br />
To improve public safety by reducing criminal recidivism to improve the quality of life of people with mental illnesses and increase their participation in effective treatments and to reduce court-and-corrections-related costs through administrative to incarceration (Almquist and Dodd).<br />
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Policymakers and practioners have partnered to address the issue of psychological disorders amont the incarcerated. Both recognized a great opportunity to address and rehabilitate the psychological problems. Not only will mental health courts help these offenders return to society as a productive citizen, but it will also help with the costs involved to keep them in prison or another type of institution. Upon the partnership of policymakers and practioners, Menetal Health courts has been one of the most popular outcomes. The mental health court combines court supervision with community based treatment services, usually in lieu of a jail or prison sentence (Almquist et al). If a mental illness plays a major role in the repeat ofender, there is a good chance he or she will be better served through a mental health court. The offender has previously been in the system and obviously was not completely rehabilitated rather they commit the same type or crime or a totally different crime. If a serious psychological disorder, such as schizophrenia or depression, is diagnosed that person may not be best served by being incarcerated. With the implement of mental health courts, the options of retribution as well as rehabilitation are increased. According to Mental Health Courts A Guide to Research-Informed Policy and Practice,<br />
<br />
Mental health courts are more effective than the traditional court system and jails at connecting participants with mental health treatment services. Over time, mental health courts have the potential to save money through reduced recidivism and the associated jail and court costs that are avoided, and also through decreased use of the most expensive treatment options, such as inpatient care (Almquist, et al).<br />
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Once the people studying mental health courts research a bit more who is best served by this type of court, the court can be improved up and perfected upon. In 2006, eighty-seven mental health courts only acepted offenders convicted of misdemeanor crimes. Ten percent of the mental health courts accepted only those convicted of felonies while fifty percent accepted offenders convicted of both felonies and misdemeanors. Those organizing the mental health courts recognize the importance of diagnosing mental disorders and treating thos disorders in hopes to decrease the percentage of recidivism. <br />
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While mental health courts are in place, it is criminal recidivism as it pertains to the adult psychotic offender. Cognitive behavioral therapy reduces recidivism in both juvenile and adults (Clark, 22). There are mental health professionals available to employees within the judicial system and within the prison, but in order for the best results in reducing recidivism, the criminologist needs to be aware of causes. In order to develop effective prevention strategies, it is necessary to understand why adults with psychotic disorders enter the criminal justice system (Lamberti 36). Many time a fragmented mental health system is blamed on psychotic adults entering the system. However, this can not be the only case as not all adults with serious psychological disorders become criminals (39). When researchers have studied criminal recidivism, they have found that while a psychological disorder may be present and play a role in the offender comitting a crime, often psychosis is not the only deciding factor.<br />
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In addition to the psychological state of the repeat offender, it is also prevelant to explore the sociological past of the criminals. The prevelance of antisocial personality disorder is significantly higher among adults with schizophrenia than in the general population (Lamberti, 44). During 1981 and 1982 the Minneapolis Police Department performed a study to determine the effect of offenders repeating a criminal act of some sort. The research showed that recidivism increased among those that did not conform to societys norms. (Shermen and Berk, 1984). When people are raised without the respect of what society considers to be normal, such as mariage and employment, they are at a higher risk to comit a crime during their life. Without a normal sociological upbringing, the lines between right and wrong become intertwined. Once the experiment conducted by the Minneapolis Police Department culminated, Sherman stated, If we ask whether arrest influences the subsequent violence of those arrested, the answer is that, in general, it depends on the arrested persons stake in conformity. Arrested persons who lacked a stake in conformity were significantly more likely to have a repeat offense (686).<br />
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There is more in the realm of sociology to be explored than simply non-conformity. It is also important to lok at shat group of citizens are committing the crimes and the repeat offenses. When theories and research revolving around chronic offenders, the question was raised is it a small amount of the population committing crimes or is it a large amount of one time offenders Robert Tillman discovered that, recent longitudinal studies of criminal careers have drawn attention to the existence of what are referred to as chronic offenders or career criminals who appear to contribute disproportionately to the crime rate (561). Since non-conformity to socio-norms among offenders and the fact that repeat offenders are contributing largely to the crime rate, it would be beneficial to incorporate employment into some offenders rehabilitation. Sociologists have explored turning points in peoples lives, including the lives of repeat offenders. During that research, come concludede things such as employment made for a turning point. With employment, the offender begins to feel important as well as a contributing factor to society (Uggen 529).<br />
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Along with psychological and sociological disorders, the offenders current economic state plays a huge role in whether or not the offender will commit a criminal act once again. When offenders are able to find and maintain employment, their rate of repeating criminal behavior is reduced greatly (Myers 1981). When the economy is thriving and jobs are plentiful, offenders are able to find work. Emploument keeps them busy, and they do not have free time on their hands to commit crimes. A good economy also means plenty of money is circulating therefore, there is not much need to steal from another (Boland 126).<br />
<br />
Psychological disorders paired with substance abuse andor sociological issues are common factors among repeat offenders. The economy also plays a role somewhat when things are bad. Until rehabilitation is more individualized and focused more so on the actual treatment of the offender, the recidivism rate will not increase. Treatment plans need to be personalized and deal with the mental disorders as well as showing the importance of conforming to society. Criminologists should be more concerned with healing the offender and find what keps them our of trouble, rather than retribution.<br />
<br />
This paper explores why psychology, sociology, and economic wel being of the community all play a role in a criminals offenses. Often psychological disorders are paired with non-conformity in a bad economical state. When all three mix, the tendency for the criminal to repeat the behavior is raised. With a partnership among criminologists, psychologists, and sociologists, plans can be developed to individually treat and rehabilitate each offender.bloggerhttp://www.blogger.com/profile/00959827063701472131noreply@blogger.com0tag:blogger.com,1999:blog-1380130208988716094.post-19374761033800749132018-03-03T01:05:00.001-08:002018-03-03T01:05:30.504-08:00Personal Understanding of Crime Commission The subject is well connected with individuals who have previously committed various crimes including robbery and therefore has an idea of how to carry out a robbery and to minimize the chances of being caught. In his memory, he has a script that he will follow throughout the operation. His first decision is to rob the shop where he works in order to get the 4,000 that he needs. Having made up his mind to rob the shop, his first action is to survey and note the placement of the valuables and cash that he plans to take during the heist. This presents no problem as he does this during his working hours in the shop. The next action is to facilitate his entry into the shop with as little trouble as possible. He therefore decides to rig the backdoor so that it does not close properly. After making this decision, he went ahead and carried out this action. He rigged the door with gum so that it did not close properly at closing time on Saturday, thereby ensuring that his entry later during the robbery would be smooth.<br />
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On coming back for the robbery, he entered the shop without any problems. He had a ski mask and gloves on in order to minimize the chances of being apprehended. So far the script was being followed to the letter. Just as he had planned, he goes straight to the security tape and disables them so that his operation would not be recorded. After this he goes straight for the cash box. There he uses a crow bar, to open the pad lock on the cash box placed in the filing cabinet inside the managers room. From the cash box he takes 3,700 in bills and puts it in his pocket. According to the script, he decides to fool the investigators that the robber didnt know where the cash was and therefore creates some mess in the shop. This was to remove suspicion from the workers of the shop, him included.<br />
His next action was to go for the electronics. He collects about three laptops, and three Iphones and seven digital cameras. Everything had gone according to the script so far and on leaving he makes some hammer marks on the backdoor to fool the investigators that the robber had used a hammer to break into the shop through the backdoor.<br />
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Situational crime prevention involves reducing the opportunities of criminals to commit crime. According to Clarke (1997), this is done by making the crime look less beneficial, riskier and more difficult to carry out. It also involves making the offender see very slim chances of getting away with the crime, thereby making it less appealing.<br />
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Looking at this case of robbery, some factors contributed to the subject and made the heist look appealing and easy to carry out. The fact that the subject had the opportunity to locate the valuables that he wanted to steal and the opportunity to rig the backdoor giving him an easy access to the shop after closing time made it look very easy to him. He also was motivated by the knowledge that his employer had not taken the money to the bank on the day of the robbery and was therefore almost sure that the amount in the cashbox was substantial (Clarke, 1997). <br />
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In this case, there are many things that would have been done in order to prevent the robbery. These are<br />
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Making the building safer. The building should have been fitted with alarms to detect unauthorized entry. The alarms could be set to sound and alarm or to notify the police whenever an unauthorized person enters the shop.<br />
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Ensuring secure closure. The shop owner should have personally checked to see that the locks on all the doors were properly closed. This would have presented the subject with a problem of entering the shop and would have acted as a deterrent factor. This would have made the robbery look more difficult and less appealing.<br />
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Cash deposit. The shop owner should have made arrangements with the bank of a security firm to deposit the cash on Saturday. The idea of finding liquid cash is very tempting to many criminals. If the subject knew that the cash in the cash box was too little to help in the paying of the loan shark, he wouldnt have been too enthusiastic planning and carrying out the operation.<br />
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Although security cameras had been installed in the shop, the recorder was left unsecured. The subject knew this and had no problem disabling the tape. Should the recorder been secured in a safe or locked away in another location, the subject would have feared being identified later from the tape (Clarke, 1980). bloggerhttp://www.blogger.com/profile/00959827063701472131noreply@blogger.com0tag:blogger.com,1999:blog-1380130208988716094.post-68211844047164211092018-02-28T11:04:00.001-08:002018-02-28T11:04:15.159-08:00Narco TerrorismNarco terrorism was a term first used by the President Fernando B.Terry of Peru in the year 1983 when he was addressing his anti-narcotic policemen. Generally this term is used to refer to the violent and intimidating manner in which the narcotic traffickers influence their policies in their respective government. In a nutshell it is the way the narcotic traffickers force the law enforcers and the society at large to flaunt laws in their favor failure to which misfortunes such as family kidnappings, deaths or death threats are guaranteed. With time the narcotic traffickers have transformed their affairs into a booming profit making business (Dikshita and Shah. 120-25).<br />
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There have also been other understandings about Narco terrorism. For instance oxford dictionary defined Narco terrorism as simply terrorism that deals with illegal drugs. Other researches have said that the complexity of acquisition and distribution of illicit drugs as a source. As a result there has been an increase in the produce of illegal drugs that has also lead to its abuse, crime, ill health, terrorist financial management and worst of all illegal economy infiltration (Ehrenfeld. 56).<br />
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Terrorist Groups and Illegal Drugs<br />
The United Nation in their report of October 2001 indicted that the most dreaded terrorist group the Al Qaeda has an income of 2.4 US dollars from solely the drug businesses. In Colombia, the FARC guerilla was said to be getting its income from protecting illegal operations of drug barons including protection from taxation. Narco Terrorism is linked to drug related organized crimes after the world wars. This is believed to have given birth to Narco-states. These are states whereby the drug barons use their powers to gain access to political and economic power. For instance Colombia and Afghanistan are said to be the most notorious Narco-states (Ehrenfeld. 70).<br />
<br />
Due to the rapid increase of Narco terrorism across the globe, their has been endless debates in public forums to counter this problem. There has been an outcry to stop production, distribution, and consumption of the narcotic drugs with no success. Studies indicate that most countries that grow and produce the drugs are developing countries. Many countries both developed and developing have united to ensure that the terrorist organizations are weakened and destroyed. Police and various countries have been on the look out to ensure that production is either limited or completely stopped (Davids. 151-154).<br />
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Measures to Counter Narco Terrorism<br />
Many drug related terrorists accounts are frozen by respective governments in the effort of undermining any illegal economic operations by the groups which could translate to economic and political empowerment. Non governmental and governmental organization have also taken charge to preach against use of narcotic drugs, particular by street dwellers who are more prone to be enrolled in the drug terrorist gangs. Free counseling sessions and treatment have been set up to help those who are already hooked in the drugs as these do not help and individual but the drug barons who champion terrorism (Dikshita and Shah. 123).<br />
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The policy makers have continued to discourage if not abolishes the use of narcotic drugs as a medical measure. Public campaigns have been held global wide to create awareness of the impact of use of drugs. Issues of health have been discussed in depth as well as the indirect aid of terrorist activities by usage narcotic drugs. The international anti-drug campaigns have drawn strategies and interventions that have lead to the fall of demand of the drugs. These are done by police rigorous involvement to cracking down of the drug usersabusers among others. The policy makers dockets have continued monitor and evaluate the progress of the countermeasures in place (Davids. 165-69).<br />
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Statistics<br />
According to reports by the United National International Drug Convention of the year 1988 narcotic drugs are used for medicinal purposes however illegal distribution have enable access to people who do not need them and thus ended up abusing them. According to the United Nations Office of Drugs and Crime report of 2006, 5 of the world populations of age between 15 years and 64 years of age are using drugs (Ehrenfeld. 154-158). The most abused drug and also most produced is cannabis. In year 2003 alone about 40,000.00 metric tones were produced while Morocco delivers 80 of Hashish to Europe. <br />
<br />
Studies indicate that the structure of drug barons have grown from small time operators to cartels. As a result Narco Terrorism has seen violence being monopolized by the drug barons. There are four major operators on Narco Terrorism activities. The criminal organizations, the armed movements, the government and its security and finally the narco-states. The criminal organizations have been in existence since time memorial. For instance the French Connection of the years 1950s -1960s assisted in channeling Opiates from France to the United States of America. Distribution of drugs to the user is a very delicate affair and therefore it requires a powerful organization to ensure safety arrival and discrete from the arm of the law (Ehrenfeld. 175-178). <br />
<br />
The Armed movement therefore plays a very important role in provision of security or fighting the enemy. The armed movement in most cases masquerades as a religious unit or an oppressed group politically. For instance the war of Tajikistan of the years 1990s saw warlords get financed from drug money. The states of many governments and their arms of security have been confirmed to be involved in Narco terrorism to gain political and economic mileage. For instance in Fidel Castros government is said to have played a major role in transportation of drugs from South and Central America to the USA. North Korean government have been for years accused of misusing their diplomatic channels by facilitating drug transportation from one point to another and its usage ( HYPERLINK httpwww.nti.org www.nti.org).<br />
<br />
Running a successful drug business requires good leadership skills to include planning, and ability to gain control and command of the subjects. These attributes are a must have for a terrorist leader or a drug baron chief. The two have displayed participation in crime as it is inevitable. These groups are also very secretive as any knowledge of the group to the public might enable the enemy to destroy them. Therefore telephone tapping is in most cases used as a measure to know who to trust within and outside the criminal organization. The mode of government is authoritative and money laundering is the order of the day so that they evade paying taxes (Davids. 170-175).<br />
<br />
However despite their cautious way of life, the police and other intelligent units have managed to filter into the group and sometimes they succeed in arresting them. The reason why the police arrest such people is because they make their money by participating in crimes such as illegal trafficking of drugs and rivalry killings (Martin. 112).<br />
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The United States of America having suffered adversely in the hands of the terrorist that have been funded by drug money has played a major role in fighting Narco Terrorism. Intelligent reports have constantly been aired on international media to alert people on the danger of Narco Terrorism. They have also facilitated debates between the producers and consumers of narcotic drugs to allow collective responsibility in ensuring that terrorists do not use them to achieve their selfish ends ( HYPERLINK httpwww.nti.org www.nti.org).<br />
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The producers who are normally developing countries however argue that they have to produce these narcotic drugs as it is their only means that empowers them socio-economically and politically. However, there have been concerns of environmental pollution and corruptions that are associated with production of these drugs. The producing countries also blame the consumer countries that they are the ones that dictate the supply, since supply is dictated by demands, and that in the effort to uplift their lives, they struggle to meet the demand (Martin. 123-126).<br />
<br />
The United States of America being the major anti-narcotic drugs preachers and consumers have continued to blame the producer as opposed to the consumers. The consumers have been excused that they get drawn to drugs as a result of life problems such as marital and financial difficulties instead (Martin. 144-146). One organization that is engaged in preventing the spread of narcotic drug usage harshly criticized these approach and asked the government and its people to take blame of their own mistakes. Michael Levine a member of this group particularly cautioned the about the security arm and police that get involved in drug trafficking and go unpunished.<br />
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Conclusion<br />
A strong arm of law is necessary to counter Narco terrorism in any country. Treatment of drugs on voluntary basis has not provided any positive result and its a high time governments changed tactics. Lack of proper co-ordination between the police force and other anti-narcotic drugs groups has yielded bad results.bloggerhttp://www.blogger.com/profile/00959827063701472131noreply@blogger.com0tag:blogger.com,1999:blog-1380130208988716094.post-33680116301066260592018-02-28T11:03:00.000-08:002018-02-28T11:03:32.877-08:00The Juvenile Justice Program AnalysisComponent 1 Topic Selection<br />
Juvenile delinquency is ubiquitous in our society. Youths between the ages of 13-17, who make-up approximately 6 percent of the population, were involved in 17 percent of all arrests and 15 percent of all Violent Crime Index arrests (OJJDP, 2010). Although deterrence-based policies are ever-increasing in the juvenile justice system, many policymakers remain devoted to rehabilitating youths. One such means in doing this is to divert youths away from they system using a variety of programs. Coinciding with the emergence of the labeling movement, diversion programs began appearing throughout the nation to divert youths away from the juvenile justice system (Lilly et al., 2007).<br />
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Over the last forty years, various programs, both formal and informal have emerged to keep youths out of the system or minimize any damage caused by it. Adults Relating to Kids (ARK), a family-based program, is one example of a diversion program initiated in U.S. that attempts to minimize the effects of formal interaction with the juvenile justice system but also attempt to reduce subsequent delinquency by participants in the program (Swan et al, 2001). This program would be good example of innovative and progressive program of prevention or rehabilitation for juvenile offenders to examine in this paper.<br />
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Component 2 Theoretical Discussion Relevant to the Research Topic<br />
During the 1960s, theorists began to question the traditional approach to criminological theory. Rather than asking why individuals commit deviant andor criminal acts, labeling theorists approached deviance and criminality from the perspective that deviance does not stem from the individual act alone but the reaction to the act by society. Behaviors considered abnormal by conventional society such as juvenile delinquency, homosexuality, and drug addiction lead to some of those participating in these acts to be defined as deviant (Traub and Little, 1994).<br />
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As noted by Edwin Schur (1971), the central principle of the labeling implies that deviance and social control constantly involve social definition and interaction processes. Hence, labeling theory explains deviant behavior, both criminal and non-criminal, proposing that individuals develop a deviant identity due to negative social reactions to behaviors deemed unacceptable in mainstream society. Deviant activities that are considered illegal lead social control agencies to process these non-conforming individuals within the criminal or juvenile justice system thus labeling them as outsiders (Einstader and Henry, 2006). In essence, labeling theorys primary focus lies in the interaction between the deviant and social control agents who attempt to sanction the accused (Traub Little, 1994).<br />
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Programs such as Adults Relating to Kids (ARK), which will be discussed in further detail, attempts to reduce the effects of labeling by increasing self-esteem among program participants (Wilkerson, 1995). Although the reduction of the labeling process is an informal goal of the program, meaning that it is implied in the program literature, the theoretical foundation is laden in the labeling. By separating the child and behavior, the program purports that participants will not take on a deviant self-concept allowing them to avoid further contact with the justice system (ChildrensCenter, 2010).<br />
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Component 3 Theory and Topic Focused Literature Review<br />
Labeling Theory<br />
Before one can address labeling in detail, we must acknowledge the foundation in which the labeling theory is based. According to Edwin Schur (1971), the basic premise of labeling approach is an emphasis on process. He asserts that deviance is viewed not as a inert entity but rather as a constantly changing outcome of dynamic processes of social interaction. Thus, the labeling perspective is an extension of the social interactionist perspective applied to criminality and deviance. The basic premise of the labeling perspective can be traced to the work of Emile Durkheim (1897) where he maintained that some individuals are criminals since a collective characterization is attached to them (Traub Little, 1994). The actions of those considered deviant are what determine how an individual is viewed rather than any preexisting condition albeit biological, psychological, or social (Void et al., 2002).<br />
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The main premise of the symbolic interactionist perspective centers around the idea of self-concept. According to Rosenberg (1989), self-concept is the sum of a persons thoughts and feelings about his or her sense of self. Stemming from the works of Charles Horton Cooley (1902) and George Herbert Mead (1934), this idea emerged as a means to examine the self as a social process (Einstadter and Henry, 2006). Cooley referred to this social process as the looking-glass self. He held that our self-concept is simply a reflection of others perceptions of us. In reaction to deviant behaviors, this mirror image that is reflected by others establishes our own self-concept. Simply put, we become what we determine others perceive us to be (Einstadter and Henry, 2006).<br />
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Like Cooley, Mead maintained that the self was merely a social construct. Mead held that the self is a dichotomous process divided between the I and the Me. We have the ability to construct images of ourselves and lead others to believe that this is reality while keeping the true image of ourselves in the backstage. However, others often respond to the constructed Me affecting the I, thus leading individuals to make objects out of themselves. (Einstadter and Henry, 2006).<br />
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This conception of the self is an amalgamation of three components how others actually see one (actual appraisals), how one perceives others as seeing him (reflected appraisals), and how one sees oneself (self-appraisals) (Matsueda, 1992). Hence, each antecedent variable directly influences the subsequent behavior, thus establishing a causal explanation for the continuation of deviance.<br />
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Schur (1971) determined that there are two basic arguments to labeling theory in relation to the creation of deviance. First, labeling theorys causal argument stems from the social interactionist perspective that a person will develop a deviant self-concept if others perceive ones behavior to be deviant. This causal argument treats the label as an independent variable (Akers Sellers, 2009) in which labeling takes place in two ways. First, the label may catch the attention of the labeling audience, causing the audience to watch and continue the labeling of the individual. Second, the label may be internalized by the individual and lead to the acceptance of a deviant self-concept (Williams McShane, 2004). Since deviance in not inherent in a person, it is the process in which others respond to the behavior, which establishes deviance (Becker, 1963). Many individuals commit deviant acts, but if the behavior goes unnoticed, this secret deviant remains accepted by society (Becker, 1963).<br />
<br />
However, if an individual is perceived as deviant, whether the individual be falsely accused or a pure deviant, they become labeled by society (Becker, 1963). Once an individual comes into contact with the criminal justice system, the identity of the juvenile will change significantly. Once the youth has been singled out, others react differently forcing the juvenile to reconsider hisher identity.<br />
<br />
Rather than the act, in itself, being considered evil, others transfer this concept to the person, thus defining the individual as evil (Traub Little, 1994). It is in this process that the labeled person becomes stigmatized as deviant and is now likely to adopt this new self-identity as his own (Becker, 1963). Thus, the individual will become more deviant than if he had not been labeled (Akers Sellers, 2009).<br />
Becker (1963) maintained that treating the individuals as though they were generally rather than particularly deviant produces a self-fulfilling prophecy. Merton (1968) coined the term, self-fulfilling prophecy as a means to explain how societal reaction leads to criminal activity (Lilly, Cullen Ball, 2007). Merton (1968) initially defined the self-fulfilling prophecy as a false definition of a situation creating new behaviors in an Individual thus making the originally false definition come true.<br />
<br />
Drawing upon the Thomas Theorem, Merton (1968) was able to determine that self-fulfilling prophecies are merely characterizations of a situation that, in turn, become part of the situation affecting the subsequent characterization of the situation and those involved. Simply, a label albeit untrue can become accepted by those who are willing to embrace it (Williams McShane, 2004). Once an individual has embraced this falsified definition of himself, the person will cause this newly constructed designation to become true. By embracing the self-fulfilling prophecy, societal perceptions of the deviant individual will be substantiated by the behaviors that follow the labeling process.<br />
Consistent with this logic, labeling theorists maintained that most labeled individuals defined as criminal are labeled incorrectly (Lilly et al., 2007). In this statement, the theorists did not mean that the deviants did not violate the law, but rather that an act, in itself, does not define the individual. In doing this, society makes assumptions about the deviant that are not accurate, which leads members of society to react to the labeled individual in a negative manner. In essence, by stereotyping the individual and leaving and reinforcing the belief in himself that he is criminal, the self-fulfilling prophecy will occur guaranteeing that the individual will recidivate.<br />
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This causal explanation of labeling, which social control leads to deviance, explains deviant and criminal behavior once an individual has been defined by society as such however, it has been argued that labeling fails to account for the initial deviant act in which the individual was involved. For instance, the first time a juvenile skips school there are rarely any sanctions against the student because the action goes unnoticed. However, once the student becomes identified as truant, a Class C Misdemeanor, the student becomes labeled as deviant by the school, the criminal justice system, and in many instances, the students parents.<br />
<br />
Criticisms of labeling theory led criminologists to rethink their views toward crime and the labeling perspective. Although labeling has historically been criticized for its lack of empirical support, contemporary labeling theorists have suggested that it is too early to dismiss societal reaction as irrelevant to crime causation. Palamara, Cullen, and Gersten (1986) found that official intervention increased delinquency in juveniles. As noted by Akers Sellers (2009), contemporary supporters of labeling have moved away from viewing labeling as deviance-causation and have began to emphasize the need to identify how the labeling process occurs. For instance, Felson (1992) determined that juveniles subjected to stressful life events were likely to cause them to act out. Other supporting research has focused on parental labeling and negative self-image (Bartusch Matsueda, 1996).<br />
<br />
Unlike the original studies on labeling, which based its findings on formal criminal sanctions, much of the supporting data has been based on analyses of informal sanctions. Perhaps, the most salient in the analysis is Matsuedas (1992) analysis of informal labeling by parents and the effect that this process has on youths self-concept. As noted earlier in the labeling overview, Matsueda argues delinquency is significantly affected by the mirrored appraisals of others or simply, how one perceives others as seeing them. Once the juvenile has engaged in delinquent behavior, the deviant youth is more likely to believe that others see himher as a rule violator. This coupling of actual and reflected appraisals leads the juvenile to embrace this conception of themselves as delinquent. Thus, the labeling process has created a delinquent self, which leads to further involvement in delinquent behavior. Unlike many of the past labeling theorists, Matsuedas conclusions have been supported by further research (Bartusch Matsueda, 1996).<br />
<br />
Component 4 Program Focused Literature Review<br />
Adults Relating to Kids Program<br />
The Adults Relating to Kids (ARK) program maintains that ones self-concept is based on a dichotomous relationship between how one feels about and sees oneself as well as the way one believes others perceive himher (Swan et al., 2001). Self-concept can be examined from two distinct perspectives self-esteem and self worth. Research conducted by the Childrens Center for Self-Esteem assessed that self-esteem and self-worth are two very distinct components within the self-concept (Wilkerson, 1995).<br />
<br />
Historically, research on self-esteem and self-worth has been considered interchangeable in meaning. In essence, both terms have typically referred to how an individual feels about himherself. According to Wilkerson (1995), feelings of self-worth derive from ones personal achievement and performance. Ones self-worth is based on hisher ability to be proficient, creative, and successful. Simply put, self-worth is an assessment of what one does (Wilkerson, 1995).<br />
<br />
In contrast, self-esteem is created through the process of unconditional love in which a child has been shown hisher value among family and friends. Regardless of ones imperfections, a person is accepted and valued by themselves and others on the basis of who the person is rather than what the person does (Swan et al., 2001). Wilkerson (1995) notes that theresearch has found that self-esteem contributes twice as much to a positive self-concept than self-worth (p. 8).<br />
<br />
The Childrens Center for Self-Esteem established the Adults Relating to Kids (ARK) program to enhance participants, parent and child, self-concept by implementing the principles of unconditional love. Unconditional love allows individuals to separate negative behavior from the person enabling parents, teachers, and involved adults to love children not for what they do but for who they are. This process requires commitment on the part of parents and caring adults. Unconditional love forms the basis of all meaningful relationships and allows young people to love themselves and others. It means loving children in spite of their misbehavior. This gift of unearned love allows a child to value herself in spite of her imperfections and provides the basis for a childs positive self-concept. Through this program, ARK facilitators and parents work together to prevent misbehaving teens from being labeled by the community at large as deviant (Swan et al., 2001).<br />
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During this 10-week period, facilitators work with parents and teens in separate groups in an attempt to allow each individual to have a voice and be heard without criticism. It is in these sessions that participants will be counseled on various topics, which will be covered below, to refocus their attention thus, issues relevant to their needs will be addressed. Prior to the beginning and ending of each session, participants speak aloud the affirmations, promises, covenants, and agreements of the group. The 5-10 minute lesson plans are presented allowing time for discussion over the weekly topics (Swan et al., 2001).<br />
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Once the group lesson has been presented and discussed, a group sharing period or a situation circle begins in which the participants express specific problems that are occurring in their lives. Each issue serves as a catalyst for dialogue amongst the participants and the facilitators. No single individual, not even the facilitator, is considered to be an expert in dealing with the problems therefore, the participants are able to obtain feedback on issues in which they are attempting to deal with in their personal lives from others who are currently experiencing or have experienced similar problems. Hence, parents and teens alike can express their feeling without judgment and without having blame placed on themselves (Wilkerson, 1995).<br />
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It must be noted that this does not mean that they can place blame on others the situation circle is a problem solving tool not a gripe session. Although the parent and teen programs are structured in the same manner, the subject matter that is dealt with in each group differs quite dramatically. The reason for this is that even though parents and teens may be having problems within the same household and the problems they are facing may be rooted in the same psychological issuesnegative self-concept the world in which parents and teens are enmeshed is distinctly different (Wilkerson, 1995).<br />
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ARK For Parents<br />
As noted above, unconditional love promotes total and complete acceptance of the child it does not promote permissive behavior. Hence, instead of punishment that often denigrates the misbehaving child, ARK promotes discipline that allows the child to learn from hisher mistakes (Swan et al., 2001). By separating the childs behavior from the person, parents, teachers, and the community at large are able to show their disapproval without degrading the misbehaving child. This understanding and implementation of unconditional love allows responsible adults to show children that everyone makes mistakes. Thus, even though youth make mistakes, they are instilled with the belief that they have value and are not worthless.<br />
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A fundamental principle in the ARK curriculum is its argument that parents must establish boundaries for children. The establishment of boundaries teaches children and teens responsibility by enabling parents to set age-appropriate consequences when established rules are violated. Drawing on the work of Rudolf Dreikurs (1987), ARK maintains that natural and logical consequences for rule-violating must be established because the authoritative methods of punishment and rewards no longer works with the modern family (Wilkerson, 1995). On one hand, punishment is only a temporary solution that often has dire consequences for the entire family while the rewards system only teaches children to think in terms of what is in it for me and not what is in it for the entire family or community.<br />
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Wilkerson (1995) defines natural consequences as a product of the natural flow of events that are a result of the childs behavior. For instance, if a teen becomes intoxicated, the likelihood of the youth feeling ill the next morning is simply a natural flow of events. However, adults must realize that it is not always appropriate for nature to take its course in many instances thus, logical consequences must be established. By using logical consequences, adults are able to establish a structured form of discipline that corrects the misbehavior. In the instance of underage drinking, rules regarding the issue must be previously set. One example might be that if caught illegally imbibing alcohol, the youth is no longer permitted to attend social functions without the supervision of an adult. Admittedly, this does not work in every situation however, it is an attempt to get parents to implement discipline while being respectful of the child. Proponents of the program argue that this method also teaches responsibility by allowing those involved to make and learn from their mistakes (ChildrenCentre, 2010).<br />
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ARK also holds that when teens are misbehaving, there is often a need that is not being met. According to Wilkerson (1995), the basic needs of a child include the need to be loved and to belong to be independent and free and the need for being to be meaningful and amusing. Hence, if these needs are not being met, youths and children will often seek attention in inappropriate ways, rebel, or initiate power struggles to assert their needs. Dependent on how an adult reacts to these behaviors is a key to which needs are not being met.<br />
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Even though these behaviors may often force adults to discipline, the ARK program also cautions parents and other adults to make sure that they allow youths to declare their personhood. Declaring ones personhood is a natural process in which youths will often reject the values of the parents while embracing the value system of their peers. This is often a difficult period and childs behavior become dramatic when the self-esteem worsens (Wilkerson, 1995). The only thing parents and adults can do during this phase is to let the teen know that we love them even though that we disapprove and must often discipline such behaviors.<br />
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Not only does the ARK program assist parents in dealing with troublesome youths, it also incorporates lessons on dealing with their own issues. The ARK handbook deals with issues that include changing parenting behaviors and dealing with anger (Wilkerson, 1995). Participants are forced to acknowledge the way their parents reacted to their behaviors. In many cases, the methods of punishment used are not acceptable in modern society. Historically, parents were not expected to deal appropriately with their anger. This emotion, which is neither good nor bad, can be destructive on the family unit when directed at or used improperly against another individual, especially a child. Since parenting behaviors tend to be passed on from generation to generation, it is often difficult to break away from cycles of violence (ChildrenCentre, 2010).<br />
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ARK For Teens<br />
The format of ARK for Teens is structured in the same manner as ARK for Parents however, the content and way the lessons are presented differ since the teen program revolves around dealing with not only their parents but life as well. Each lesson relates to establishing a positive self-concept. The first two class sessions focus on Being Yourself. Lesson 1, Whats cool, encourages teens to accept themselves as who they are rather than trying to be what they are not. Society puts a great amount of pressure on teenagers to be popular among ones peers. This need to be accepted often leads teens to break rules when attempting to exert their personhood. This often leads to strife within the household however, this can be averted, at least to some degree, if one simply chooses to be himselfherself (Swan et al., 2001).<br />
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However, it is often difficult to be yourself if there are those who harass you because you are who you are. During Week 2, the group covers Bully-Proofing Yourself, in an attempt to teach teens how to deal with bullying. ARK teaches that those who bully lack self-esteem and are looking for a way to feel powerful and in control of their lives. The lesson addresses how to deal with bullies and how to avoid such harassment. In addition, the participants are cautioned on the consequences if they have taken on the role of bully and how to change this behavior (Swan et al., 2001).<br />
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The next two lessons, Good Grief and Get a Grip, deals with handling tough emotions. Good Grief, lesson 5 in the workbook, addresses anger. The lesson counsels youths on dealing with anger appropriately. As in the adult class, ARK maintains that anger is neither good nor bad, and admits that in some instances, anger can be used in a positive way. However, youths cautioned about the ramifications of using anger inappropriately. The next lesson, Get a Grip, teaches teens to deal with grief. Although grief is a natural part of life, it is sometimes difficult to overcome. Individuals will go through a grieving process, which will include denial, bargaining, anger, depression, and acceptance. Although this is a natural process, teens are advised to seek out a caring adult during times of grief (ChildrenCentre, 2010).<br />
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Section 3, Making Good Decisions, addresses the issues of substance abuse and sex. In tackling the controversial issue of substance abuse, teens are cautioned on the dangers of substance abuse. ARK acknowledges that most youths will experiment with some form of drugs alcohol, cigarettes, or illegal substances. The lesson warns teens of the dangers of early drug use and the risks of becoming addicted. The next lesson, Sex, ETC., issues related to having sex at an early age are addressed. Topics such as peer pressure, abstinence, rape, sexually transmitted diseases, and other health risks are discussed to enable youths to make informed decisions. The lesson also discusses the effect that sex has on self-esteem. As noted by Swan et al. (2001), good sexwith the right person at the right timebuilds self-esteem while bad sexwithout commitment and lovedestroys it. Most importantly, sex is not vilified but presented as a wonderful experience when in a committed relationship such as marriage.<br />
The final sessions of the ARK program involves learning to deal with adults. In Putting Up With Parents, teens are shown that their parents were once troublesome teens, too, but they have either forgotten what it was like to be a teenager or are afraid to address many of the issues facing teens. Since things have changed so much, they establish rules to protect their children what the unknown. In addition, what looks like frustration directed towards you, the teen, may be a result of outside factors such as work (Swan et al., 2001).<br />
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To avoid miscommunication and negative feeling toward the youths parents, ARK suggests that participants set down in a weekly meeting to rectify problems occurring both in and outside of the home. The next lesson in Section 4 deals with Rebelling. Although it is a natural part of life for teens to rebel and attempt to declare their personhood, teens must also be aware that there are consequences if they choose to break the rules. In addition, once trust is broken within the home, it is often difficult to get it back. Since trust and freedom go hand in hand, participants are taught in the final lesson, Trust me, to be honest with their parents (ChildrenCentre, 2010).<br />
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Component 5 Juvenile Justice Case Law<br />
Juvenile Justice Education and the Law<br />
Over the course of the last forty years legislation preventing crime and delinquency and protecting the educational rights of delinquent juveniles has become increasingly prescriptive. In 1961, the Presidents Commission on Juvenile Delinquency and Youth Crime authorized agencies within the government to establish programs to discover new methods to prevent crime and delinquency (Bartol Bartol, 1998). With the Presidents Crime Commission report acknowledging the growth in the juvenile crime rate, the movement to establish diversionary programs within the juvenile justice system began. The Commission recommended that more emphasis should be placed on the treatment of juvenile offenders. This stipulation was emphasized in an attempt to protect juvenile offenders from adopting negative or delinquent self-images due to their involvement in the juvenile justice system. Hence, diversion meant keeping delinquent youth from having any contact with the formal criminal justice system (Bartol Bartol, 1998).<br />
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The move toward a diversionary system was furthered with the passing of the Juvenile Delinquency Prevention and Control Act (JDPCA) of 1968 and the Juvenile Justice and Delinquency Prevention Act (JJDPA) of 1974. These Congressional statutes appropriated funding to aid state and local agencies in training staff and personnel in dealing with juveniles (Bartol Bartol, 1998). However, it was the JJDPA of 1974 that had the greatest influence on reforms within the juvenile justice system. Not only did the statute provide additional funds to stale and local agencies to improve delinquency prevention programs, the act also was intended provide alternatives to imprisonment for trivial juvenile offenses.<br />
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In 1975, Congress passed the Comprehensive Education Law for Handicapped Children Act (P.L. 94-142). This act was the first comprehensive law providing for equal education opportunities for children with disabilities. The intent of P.L.94-142 was to ensure that children with disabilities received special education services as provided for by law. The scope of the law also included juveniles up to the age of 21 who were incarcerated and often times not receiving adequate or appropriate educational services (Robinson Rapport, 1999).<br />
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This law has been amended several times to address inadequacies and was subsequently renamed the Individuals with Disabilities Education Act (IDEA) (P.L. 10517) in 1990. IDEA mandated that delinquent and incarcerated juveniles had the right to a free and appropriate public education, including those youth with disabilities, in the least restrictive setting (Robinson Rapport, 1999). In 1997 additional amendments were added to the law that contained significant revisions to the requirements for providing equal education for students with disabilities. Within IDEA are mandates that require local school systems to demonstrate to the United States Department of Education (USDOE) that policies and procedures are in place that meet the intent of the law and provide for the educational needs of students with disabilities.<br />
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There are other related legislative and legal requirements pertaining to the quality of educational services and a delinquent juveniles right to those services. Title II within the Americans with Disabilities Act of 1990 (P.L. 101-336) (ADA) mandates that delinquent juveniles with disabilities receive specialized services during the course of their confinement (Langelett Zenz, 2004). The equal protection clause of the 14th amendment of the United States Constitution has also been utilized to ensure that delinquent youth receive their educational rights. Section 504 of the Rehabilitative Act of 1973 (29 U.S.C. 794) also assures delinquent juveniles of their right to a free and appropriate public education (Langelett Zenz, 2004).<br />
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All providers of educational services in the juvenile justice system, be they public or private, are subject to the mandates of No Child Left Behind (P.L. 107-110) (NCLB). The intent of this law has been to require the delivery of the most promising instructional practices when providing education programs for delinquent juveniles with the ultimate goal of increasing their chances for success upon their release from incarceration (Gehring, 2005). Because practices differ so greatly among institutions providing educational programs for delinquent juveniles, there has been a consistent lack of policy directing how services should be offered (Blomberg, et al., 2006). NCLB requires that education programs demonstrate gains across a number of categories and service providers have found themselves struggling with how to meet these provisions with the limited financial resources they have available.<br />
As with the other laws governing educational services for delinquent juveniles, NCLB places a great deal of importance on transition planning and providing for a youths return to public school. No Child Left Behind also requires that all juvenile justice schools be routinely evaluated, including the academic progress within the institution. The requirements of NCLB pertaining to demonstrating student progress also include acquiring high school credits, completing a degree, and planning for a return to school if appropriate (Blomberg, et al., 2006).<br />
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U.S. system of educating delinquent juveniles has consistently demonstrated that it does a credible job of meeting the major mandates of NCLB (Blomberg, et al., 2006). There are a number of states however, that have been reporting that they have not been able to determine if delinquent juveniles are meeting the standards pertaining to achieving yearly progress. There are states that have not collected all of the required information while still others have filed for exemptions from the mandates of No Child Left Behind as they pertain to educating delinquent juveniles (Gehring, 2005).<br />
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Related Juvenile Justice Case Law<br />
Many juvenile justice programs, indeed the vast majority of them, have for a number of years ignored federal law relating to the educational rights of delinquent juveniles or have done a poor job of providing the required elements. The number of class action lawsuits over the past two decades alone testifies to this point (Chester, et al., 2002). Starting with P.L. 94-142, it has been a federal mandate that delinquent juveniles receive a free and appropriate education and treatment in the least restrictive environment.<br />
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The failure to provide such an education and treatment has far reaching implications including legal action as well as the possibility of losing federal funding. Green v. Johnson (1981) was part of a class action suit claiming that the state failed to provide the appropriate educational and treatment services for delinquent youth. The suit alleged that a youth was being denied his protected right to a free and appropriate public education and treatment. The court ruled in favor of the youth holding that being incarcerated did not take away his rights to a free public education as provided for in state and federal law (Robinson Rapport, 1999).<br />
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In T.G. v. Board of Education of Piscataway (1983), the court was asked to rule on the rights of a juvenile who claimed he was entitled to counseling services. His contention was rooted in his belief that the counseling services would support and even enhance his educational and treatment program. The courts ruled that the youth was entitled to access counseling services so he could better benefit from his educational and treatment program. The court also ruled that the counseling services must be provided by qualified staff (Robinson Rapport, 1999).<br />
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The disproportionate number of juveniles with disabilities in the juvenile justice system within South Carolina was addressed in Alexander v. Boyd (1995). In this case, the court found that the number of youth with disabilities in the juvenile justice system was inappropriately high. The court ordered the Department of Juvenile Justice to identify and evaluate all youth entitled to special education services (Robinson Rapport, 1999). Other states were similarly forced to address and reduce its delinquent juvenile population through the Bobby M. consent decree which subsequently led to building larger and more secure facilities for these youth (Chester, et al., 2002).<br />
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The issue of what constitutes a free and appropriate public education and treatment for delinquent juveniles has also been the focal point of several legal actions. In Donnell v. Illinois Board of Education, a juvenile successfully claimed his rights to a free public education and treatment were being denied. He argued that restrictions placed on his access to classes violated his rights of due process and equal protection under the law (Robinson Rapport, 1999).<br />
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There have been instances where the courts have upheld a decision to incarcerate a youth while somewhat limiting his access to a totally free and appropriate public education and treatment. In Christopher V. T. (1994) a juvenile with an emotional disability cited his right to a free and appropriate public education and treatment in the least restrictive environment in order to avoid serving his commitment. The youth wanted his hearing cancelled since it would adversely impact his access to a free education and treatment. The court denied his claim, citing that the hearing was to determine his level of incarceration while considering his right to an education and treatment in the least restrictive environment and the safety of the juveniles community (Robinson Rapport, 1999).<br />
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The Integrative Paper<br />
Introduction<br />
During the 1960s and 1970s, the juvenile justice system was restructured to promote the diversion of juvenile offenders away from the system. The policy was supposed to redirect juveniles involved in minor law violations such as status offenses away from the courts using informal programs within the community (Lanier Henry, 1998). Over the past two decades, reforms in the juvenile justice system have slowly been eroded and now, there is a movement to return to a more punitive system. In an attempt to ensure that juveniles are held accountable for their actions, no matter how minor the violation, state and federal legislation, alike, have begun to target status and first-time offenders (Fader, Harris, Jones, Poulin, 2001). Hence, inordinately high numbers of juveniles are increasingly coming into contract with the juvenile justice system.<br />
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Youths who would previously have been diverted from the criminal justice system are now being processed through the courts in greater numbers. Many states have passed legislation leading to an increase in juveniles charged with less severe offenses and an increase in minor offenders placed under supervision (Chester et al., 2002). Under the guise of community-based corrections and diversion policies, social control agencies have extended their grasp to encapsulate those who have historically been truly diverted from the system. As noted by labeling theorists, this net widening approach has brought youths into the system that would not have otherwise been engaged in the adjudication process. With the plethora of youths being thrust into the system, the juvenile courts began scrambling to find programs to sentence juveniles.<br />
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Theoretical Overview<br />
During the 1960s and 1970s, labeling theory emerged during a time when the nation was facing the revelation that the government was abusing its power (Williams McShane, 2004). Although labeling theory became popular with academics and practitioners, this trendy practice began to lose its acceptance among criminal justice agencies. From the theories inception, theorists and practitioners alike began to criticize the theory. The earliest critique of labeling objected to the idea that the theory failed to explain why people engage in primary deviance and why some continuously engage in unacceptable behaviors more than others (Lanier Henry, 1998). Critics of the perspective argue that labeling theorists ignored the actual behavior of the individual and overemphasized the behavior after the labeled individual became the focus of the system. Hence, proponents of labeling failed to notice that the label does not create the behavior but the behavior creates the label (Akers Sellers, 2009).<br />
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Akers (2000) argues that labeling theorists assume that an individuals behavior is not as important as the actual person. Although there have been injustices against individuals, most deviants are labeled as such based upon their own actions. Akers Sellers (2009) maintains that the labeling process is not arbitrary but is appropriately placed on those individuals who have violated societal rules. Citizens are not arrested unless the police have probable cause to do so, and the courts are not likely to convict an innocent person (Akers Sellers, 2009).<br />
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For instance, individuals are not likely to be labeled sexual predators unless there is sufficient evidence to arrest, prosecute, and convict the individual. Thus, the individual does not have any other option than to be deviant (Einstadter Henry, 2006). Critics of labeling theory refuse to accept this ideology. Akers Sellers (2009) add that individuals are labeled on the basis of evident acts they have committed. Deviants, in essence, must be held somewhat responsible for the label that they receive.<br />
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Many labeling theorists have begun to look at the labeling perspective in the context of the social structure (Akers Sellers, 2009). Braithwaite (1989) looks at the stigmatizing labels as an indirect cause of deviant behavior. Consistent with labeling theory, stigmatization is responsible for an increase in criminal behavior however, unlike labeling theorists, Braithwaite draws upon traditional criminological theories to expand and give credence to his reformulation of labeling.<br />
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The stigmatizing effect is at the heart of labeling theory however, Braithwaite integrates aspects of subcultural, social control, differential association, and learning to explain the process in which individuals become involved in criminal careers. Braithwaite (1989) argues that there are varying consequences in sanctioning delinquent and criminal behavior. Dependent upon the type of societal reaction experienced, both formal and informal, determines whether criminality will become more or less prevalent (Cullen Agnew, 1999).<br />
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Theory is a systematic attempt to explain a particular phenomenon through observations (Einstadter Henry, 2006). For instance, labeling theory attempts to explain deviance not from the initial criminal act but the reaction to the act by society. Labeling theory is just one of many theories used to explain why individuals engage in criminal activity. Although theories are prevalent and widely accepted within the academic world, these loose explanations are often dismissed by society, in general, as worthless ideas in regard to practical application. This cynical perception of theory fails to recognize the importance in doing just that, theorizing.<br />
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It is often unclear as to whether theory affects policy or vice versa however, it has been observed that criminal justice policies change along with theories (Lilly et al., 2007, p. 7). Akers Sellers (2009) maintains the every changes in criminal justice system has been based on certain fundamental theory that explains why regulations have been enacted and why the system functions as it does. Polices and program established by criminal justice agencies and their affiliates may not always reflect the true propositions of the theory however, the theoretical basis remains an important piece of the founding principles established to enact change in society.<br />
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Diversion<br />
Reformers established the juvenile system to divert juvenile offenders from the criminal court however, during the 1960s, diversion emerged as a means to shift youths away from the juvenile justice system in an attempt to provide rehabilitative services on an informal level (Feld, 1993). It is not coincidental that the juvenile diversion movement emerged during the same era in which the labeling perspectives popularity peaked the diversion movements theoretical foundation is based on the labeling principle that involvement within the criminal justice system may lead to an increase in future delinquency. Within the literature, diversion and diversion programs are often used interchangeably even though diversion refers to a process while a diversion program is an intervening technique used to offer services to youth in an attempt to prevent recidivism. As noted by Bartol and Bartol (1998), juvenile diversion can be defined in numerous ways.<br />
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Typically, diversion is defined as an attempt to route cases of delinquency to non-court alternatives rather than formally processing the youth though an adjudicatory hearing by the court (Bartol and Bartol, 1998). Lilly et al. (2007) assert that juvenile diversion might entail taking provincial youth of the juvenile court and placing them under the patronage of various service bureaus, agencies, or special schools. Diversion can also be considered as a substitution of less severe interventions to avoid further penetration within the system (Akers Sellers, 2009). Diversion attempts can come at any stage during criminal processing. However, the further the juvenile is processed within the juvenile justice system, the less the process is a representation of true diversion (Bartol Bartol, 1998).<br />
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Unlike true diversion in which those who have committed delinquent offenses never enter the system, most diversion programs are aimed at preventing reoffending among youth. Instead of ignoring the delinquent behavior in an attempt to divert youths from the system, these programs often place juveniles on informal probation requiring them to participate in various programs throughout the community (Akers Sellers, 2009). These programs range in services from family counseling to mandatory attendance at boot camp. Rather than truly being diverted away from the system, youths are brought before the court where they admit their guilt for the offense in which they have been charged, sign a contract, and are left with no record once the terms of the contract have been met (Bartol Bartol, 1998).<br />
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Issues Facing Diversion Programs<br />
Diversion programs have been successful in rerouting juveniles involved in minor and status offenses and placing them under appropriate jurisdiction. This effort has decreased the number of juveniles housed in correctional facilities. However, evaluations of these programs have shown little support for their effectiveness (Feld, 2001). Since diversion is based on the labeling tradition, one would suspect that participation in such programs would reduce the stigmatization of labeling however, studies have suggested that the diversion program in itself labels the youth in a negative manner (Bartol Bartol, 1998).<br />
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Moreover, these programs have failed to alter the behavioral changes predicted by the programs (Akers Sellers, 2009). Research conducted on juvenile diversion programs has also indicated that there is little difference in the recidivism rates between those who participate in diversion programs and those who are processed through the juvenile justice system (Akers Sellers, 2009 Bartol Bartol, 1998). In addition, research has shown that diversion is effective in reducing the number of youths in detention, but the research has failed to show that participants in diversion programs are less likely to reoffend than those who do not participate in the programs (Jensen Rojek, 1998).<br />
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Diversion programs were initially regarded as alternatives to involvement within the criminal justice system however, the programs are becoming widely viewed as simply add-ons to the system (Lilly et al., 2007). These net widening programs have, in essence, expanded the reach of the juvenile justice system. An increasing number of youths are involuntarily being brought under governmental control, which would have historically been released without formal prosecution (Akers Sellers, 2009).<br />
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Lilly et al. (2007) assert that participants in programs are rather individuals with recidivist behavior. Hence, research has indicated that diversion programs have placed more juveniles under the control of the criminal justice system. For instance, Ezell (1989) found youths placed in diversion programs were more likely to be sentenced to probation or a residential treatment facility than a juvenile who had not participated in the program if they did not successfully complete the program (Bartol Bartol, 1998).<br />
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Rather than decreasing state intervention and juvenile interaction with the criminal justice system, diversion programs have accomplished just the opposite. However, Binder and Geis (1984) argue that diversion often offers services to youths, who would not have otherwise had access. Without these programs, these juveniles might become immersed deeper into the system. Hence, this redirection does not necessarily have negative effects on the juveniles participating in diversion programs (Bartol Bartol, 1998).<br />
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Assessment of Family-Based Diversion Programs<br />
Historically, the criminal justice system has focused on juveniles who have already become immersed in criminality however, this has not been shown to be effective with ever-burgeoning prison population. The initial labeling by the criminal justice system might induce a negative self-image leading to an acceptance of the criminal label. Therefore, the juvenile will internalize the negative label and participate in secondary deviance. In an attempt to avoid this stigmatization, studies have advocated diverting first-time and early offenders away from the juvenile justice court (Gavazzi et al., 2000).<br />
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As noted by Gavazzi et al. (2000), the 20th century has been saturated with programs attempting to divert first time, early, and status offenders away from the juvenile justice system. Throughout the United States, a plethora of diversion programs exist. The problem with these programs is that there is often no consistency in the development and evaluation of these programs. Diversion covers everything from peer courts to family preservation programs to intensive supervision programs to sex offender programs. In addition, many programs are a combination of services, as with the ARK program, made up of early intervention and family-based diversion techniques.<br />
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In an attempt to divert youths away from the juvenile justice system, an increasing number of diversion programs have established family-based designs. The inclusion of the family in the treatment of juveniles has been shown to be effective. Research has revealed that the family plays a major role in delinquency (Gavazzi et al., 2000). Family factors such as attachment, communication, supervision, and discipline have been shown to be variables associated with juvenile delinquency (Simons et al., 1996).<br />
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Family-based diversion programs not only focus on issues relating to juveniles but to their parents as well. Tolan, Cromwell, and Braswell (1986) conducted an analysis of 34 family-based programs and determined that family therapy had a positive effect on family functioning. In addition, the analysis determined that family-based treatment reduced delinquent behavior in participating youths (Gavazzi et al., 2000). Moreover, studies have shown that family-based treatment programs have a greater rate of recidivism reduction than those of traditional juvenile justice programs (Gordon et al., 1995).<br />
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For instance, the goal of the Services to At-Risk (STAR) Youth Program is to decrease and prevent various issues related to runaway, absence, abandonment, family conflict, and other delinquent behaviors. This is achieved through the provision of correct and appropriate treatments to youth and their families (Swan et al., 2001). These services focus on communication, conflict resolution, and parentyouth skills building. Swan et al. (2001) reported more than 80 of all participant groups showed an increase in improvement over a three-month follow-up period (p. 28). In addition, 83 of the program participants were not refereed to juvenile probation within a year after program completion. Those who were referred to juvenile probation were there for a misdemeanor or status offense (Swan et al., 2001, p. 27).<br />
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In January of 1992, the Adults Relating to Kids (ARK) program was established in Houston, Texas by Dr. Glen Wilkerson as a parenting program designed to teach parents appropriate skills to use when raising their children. The initial purpose of the program was to end the cycle of violence perpetuated by an individuals inability to adopt parenting skills different from those they learned from their own experiences in childhood (Swan, 2001 Wilkerson, 1995). Over the past years, the ARK program has evolved to meet the needs of the surrounding community. Today, the program has been implemented in churches, schools, jails, and other organizations working to help parents and youths.<br />
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The improvement in parental reflected-appraisals might contribute to an improvement in the parentchild relationship. Moreover, the perceived change in parental reflected-appraisals may be a consequence of the significant increase in the parents self-concept. As parents self-concept improves, they might be more willing to listen to their children and confident in their ability to parent in general.<br />
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Increases in a parents self-concept might also help them better try to understand the needs of their teens even when those needs are different from their own. It is also likely that increases in parents self-concept will influence the juveniles perceptions of what their parents think about them. Since ARK is a family-based program, it was important to obtain this positive change in parent self-concept and parental reflected-appraisals. This suggests that, in time, juvenile self-concept may increase since they are no longer perceive themselves as being viewed as bad by their parents. As noted by Bartusch Matsueda (1996), the idea of the self is simply a construct of reflected appraisals.<br />
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Reintegration Through ARK<br />
Diversion programs are common throughout the United States however, many of these fail to incorporate family-based counseling into their curriculum. Without this necessary component, programs only treat one aspect of delinquency, the act, and fail to address the underlying issues stemming from problems at home, school, or other areas of ones informal world. ARK allows families to come together and work on the confounding issues that have led them to involvement within the justice system.<br />
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The key principle of the ARK program is instilling the belief in unconditional love. ARK maintains that unconditional love allows individuals to separate negative behavior from the person enabling parents, teachers, and involved adults to love children for who they are rather than for what they do (Wilkerson, 1995). It means loving children in spite of their misbehavior. By separating the childs behavior from the person, parents, teachers, and the community at large are able to show their disapproval without degrading the misbehaving child.<br />
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Instead of punishment that denigrates the misbehaving child, ARK promotes discipline that allows the child to learn from hisher mistakes and be reintegrated back into the community. Braitwaite (1989) maintains that parents who combine parental control, setting clear standards and enforcing them, with nurture and encouragement are more successful in dealing with unacceptable behavior than those who are simply controlling (authoritarian) or permissive.<br />
<br />
This understanding and implementation of unconditional love allows responsible adults to show children that everyone makes mistakes. Even though youth make mistakes, they are instilled with the belief that they have value and are not worthless. By encouraging participating youths that they have value and are not defined by a single deviant act, the program attempts to reverse the stigma of formal contact with the justice system. Thus, ARK endeavors to impede the labeling process.<br />
<br />
Even though ARK did not appear to have a direct impact on recidivism, it did have a positive impact on the juveniles and their families. Since many issues facing juveniles stem from actual or perceived problems at home, assignment to a family-based program that attempts to rectify these problems is beneficial.<br />
<br />
Discussion and Conclusion<br />
Throughout the past century, the criminal justice system has shifted from individualistic deterrence-based policies to society-based policies and back again. Today, our criminal and juvenile justice system is caught between get tough and social activist policies. These deterrence-based policies have manifested themselves in strategies such as anti-drug legislation and three-strikes-and-youre-out laws (Lilly et al., 2007). In addition, the juvenile justice system has increasingly implemented punitive policies toward youths.<br />
<br />
For example, violent offenders are increasingly being transferred to adult court (Feld, 1999) while, minor and status offenders who have historically been diverted from any contact with the system are being placed under formal supervision. Ironically, as criminal and juvenile justice polices bring unprecedented numbers into the system, programs are consistently being established by agencies working with the criminal justice system to rehabilitate and reintegrate offenders.<br />
<br />
Over the course of recent years the need to provide quality educational services for incarcerated juveniles continues to garner greater attention. Accountability for the quality of educational services for incarcerated juveniles also continues to be a high priority (Hamilton, et. al, 2007). Because of high recidivism rates, and lack of success as students return to school, law makers are demanding results on the behalf of taxpayers. Building collaboration across all entities involved with a youth being released from incarceration is becoming increasingly important, and is in fact mandated through legislation in many instances. Collaboration is a key component to ensuring juveniles can successfully return to society and not commit additional crimes (Quinn Nelson, 2005).<br />
<br />
Recent legal litigation has served notice that providers of juvenile justice programs, including educational services are expected to meet the mandates of federal legislation such as the Individuals with Disabilities Education Act and No Child Left Behind. The laws and standards utilized by the states to evaluate juvenile justice educational programs focus on the delivery of appropriate services for youth with learning disabilities. They also address the need for programs to be using trained and certified staff to deliver instruction in the residential setting (Hamilton, et. al., 2007).<br />
<br />
Although policies have been implemented to target minor offenders, programs are continuously being created to divert youth away from the system. The diversion programs are not uncommon within the criminal justice system however, the phenomenon of sentencing youths to these programs after involvement with the court is becoming more prevalent since an inordinate amount of juveniles are being brought before the juvenile court. As a result, the new policies and case law have established an increased need for diversion programs.<br />
<br />
Successfully returning delinquent juveniles to mainstream society after trying to meet their educational and social needs during their time of incarceration is a significant challenge. With diversion programs such as ARK showing an alarming degree of ineffectiveness in preventing juvenile crime, the importance of a quality and positive educational experience of delinquent juvenile is paramount to reducing further involvement with law enforcement (Rasmussen, 2004). Despite increased efforts to improve the educational services to delinquent juveniles, the fact remains that they eventually return to their home communities, become involved with negative peers and have not as yet acquired the necessary skills to make appropriate choices under pressure (Evans, Brown Killian, 2002).<br />
<br />
Because of the high rate at which juveniles re-offend, developing effective intervention strategies that are aimed at mitigating the factors that influence negative behavior is critical to ensuring a youths successful return to their home community (Sheperd, Green Omobien, 2005). Identifying a youths driving issues while he or she is still in their juvenile justice education program is an essential component in planning for their transition. When planning for follow-up or aftercare services, identifying the individual factors placing a youth at risk for further delinquent behavior significantly reduces the chances of recidivism.bloggerhttp://www.blogger.com/profile/00959827063701472131noreply@blogger.com0tag:blogger.com,1999:blog-1380130208988716094.post-59641389673165832762018-02-28T10:56:00.004-08:002018-02-28T10:56:54.079-08:00Crime Investigation and AnalysisCrime Script<br />
Any crime that takes place firstly occurs in the mind of the involved criminal. What is crucial to a crime are the persons compulsions and motivations for the crime. Crimes are rarely entirely causeless, or committed just for the pleasure of it. There are typically various aspects related to crimes, such as attempts to profit financially, derive thrills, as in rape, or vengeance against an enemy. Hence, understanding the minds of criminals is the prerequisite to any discussion on crimes. I will, therefore, firstly describe the actor at length. I will focus on his personal traits, psychological propensities, and habits. The childhood, background and present straits of the person will shed considerable light on his needs, aspirations, limitations, compulsions, and hence, likely motivations. These will naturally determine the enormity or triviality of the crime that the actor decides to commit, including the degree of aggression and violence he is willing to manifest, along with the risk that he might be inclined to take. In discussing the particular crime that the actor has decided to commit, I shall research the considerable available material on it, to arrive at a practical and probable crime script, which can apparently succeed and escape detection. <br />
<br />
Crime Prevention<br />
I will next consider and write at length on the various ways the authorities might possibly prevent the crime, or try to nip it in the bud once they get inkling to it. This brainstorming within me is necessary because it would hypothetically pit the determination and skills of the criminal against the resolve and resources of the law-enforcing agencies. Since crimes occur in society amidst various existing checks and balances, hurdles, risks and fears, I must adequately refer to them, if my depiction of a crime is to -- and appear to be realistic. The study of crime cannot be performed in isolation. If crimes are to be prevented, the police have a crucial role to play in it. However, it is sociologists and social psychologists that can analyze what causes the impulse to crime to originate within a person. Such an insightful analysis can hopefully offer insights that may lead to a state of affairs where there is relatively less need, and correspondingly, lesser motivation for crimes. I shall review the ample material on how authorities seek to prevent crimes, with special reference to the crime I script for the actor, to present a cogent discussion of the topic. I would in particular be referring to several of Dr Ronald Clarkes seminal writings on crime prevention. I may add that Clarke is the founding editor of Crime Prevention Studies and is author or co- author of over 220 books, monographs and papers. His recent contributions include Superhighway Robbery Preventing E-commerce Crime (Willan Publishing, 2003), Become a Problem Solving Crime Analyst (U.S. Dept of Justice, 2005) and Outsmarting the Terrorists (Praeger, 2006).bloggerhttp://www.blogger.com/profile/00959827063701472131noreply@blogger.com0tag:blogger.com,1999:blog-1380130208988716094.post-12051469848068462922018-02-28T10:56:00.001-08:002018-02-28T10:56:14.427-08:00Crime, Criminals and JusticeThe Study of Crime<br />
It is interesting to analyze the conflicts between theories that explain deviant behavior. At the end of the day, law enforcement agencies must concern themselves with the fact that a crime took place, rather than reasons why criminals acted the way they did. Still, these theories remain essential in the development of public policies to control crime.<br />
<br />
According to the cultural transmission theory, all kinds of behaviors, including deviant behavior, are learned. Furthermore, the theory states that young and impressionable learners of deviance may have developed close relationships with their deviant teachers. With increasing contacts with deviant teachers, young learners of deviance engage in increasingly deviant behaviors (Sociological Theories to Explain Deviance). Thus, the cultural transmission theory does not rule out the possibility that children of the rich and powerful may engage in deviant behaviors because they may have had deviant teachers. The conflict theory, on the other hand, entirely rules out this possibility with its assumption that societal norms are established by the rich and powerful, so therefore they cannot possibly go against their own rules. This assumption of the conflict theory is not true, seeing that the rich and powerful are also known to go against societal norms, which they should have established for and by themselves (Conflict, 2005). <br />
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Yet another theory that conflicts with the conflict theory is the social control theory that explains why people may not engage in deviant behaviors. According to this theory, individuals both rich and poor may follow societal norms because of their social bonds or attachments (Sociological Theories to Explain Deviance). Then again, these theories need not be analyzed once a crime has occurred. Moreover, as this analysis shows, law enforcement agencies cannot depend on theories of deviance as definite maps to hunt criminals. <br />
<br />
The Organization of Criminal Behavior<br />
So man finds forbidden fruit virtually irresistible. This is what happened in the United States when alcohol was prohibited from 1920 to 1933 as the noble experiment (Thornton, 1991). This experiment was conducted as an effort to lower crime rates across the country, reduce corruption, and resolve various social problems. The government of the United States had also aimed to reduce its spending on prisons through this experiment (Thornton). However, the results of the noble experiment were disastrous enough for the government to repeal the Prohibition altogether (Thornton). More importantly, the Prohibition teaches a significant lesson for control of organized crime. I learned about this lesson through my secondary research on organization of criminal behavior, inspired by this course.<br />
<br />
In fact, the Prohibition increased all types of crimes throughout the country (Thornton). Alcohol consumption was increased rather than reduced. The number of people filling prisons of the United States went up at the same time (Thornton). Behr (1996) refers to the Prohibition as the beginning of organized crime in America (p. 239). Kelly, Chin, Schatzberg (1994) agree that the Prohibition became an opportunity for criminal gangs to make awesome amounts of money through illegal alcohol sales (p. 64). The prohibition on the sale of alcohol allowed for the product to be sold at higher prices than before, opening up an important new business for criminals. Entrepreneurs of criminal organizations had to hire countless young people for bootlegging. Even a single producer of whiskey would face sufficient demand to open up illegal markets for alcohol in many states at the same time (Kelly, Chin, Schatzberg, p. 64).<br />
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As absurd as this may sound, the Prohibition, therefore, teaches policymakers to take time off and reflect on the dangers of laws they have created. After all, this lesson cannot be ignored. In point of fact, anybody who researches organization of criminal behavior is bound to confront it.<br />
<br />
The Criminal Justice System<br />
Schmalleger Smykla (2008) ask the reader to deeply consider whether the criminal justice system should merely punish, punish and reform, or only reform individuals that have perpetrated crimes. They further ask of the reader to critically analyze the reason behind prison sentences. The reader is compelled to dwell on the following question Are prisons meant to reform people or simply dump all those that are considered criminals in one place Likewise, the authors question the logic behind juvenile corrections, getting the reader to suppose that there is something terribly wrong with the juvenile corrections system as it stands. <br />
<br />
In fact, all of these questions call for changes to the traditional criminal justice system. To be precise, they ask for humanization of the criminal justice system. This can be achieved by adopting alternatives to the traditional justice system. After all, each and every individual exhibiting criminal behavior cannot be jailed. Even children may exhibit behaviors that appear uncivilized, if not criminal for example, an unruly child in school may smash his or her friends head with a football. Still, a child is a child at the lower end of the learning curve. This is the reason why alternatives to the traditional criminal justice system, such as shaming, peacemaking strategies and restorative justice are especially recommended for juvenile delinquents. As a matter of fact, research has shown that young offenders are most likely to change their problem behaviors through restorative justice techniques rather than court proceedings. Adults, too, are likely to reverse their problem behavior through the humaneness of restorative justice (Sherman Strang, 2009). Of course, the same has not been claimed for serial killers or rapists. Just as all types of crimes cannot go unpunished, all kinds of criminals should not be prosecuted through the traditional justice system, defined by the terminology of punishment, zero tolerance, criminal personality (Wormer, 2010).bloggerhttp://www.blogger.com/profile/00959827063701472131noreply@blogger.com0tag:blogger.com,1999:blog-1380130208988716094.post-65565172377382462832018-02-28T10:55:00.001-08:002018-02-28T10:55:25.383-08:00Criminal liability for medical errorsThe criminal justice system, as well as the general public, is faced by a major challenge concerning the way it should handle various cases of fatal medical error. Each and every nation seeks to minimize the rate of death from fatal medical errors however, differences in the justice system guide those endeavors to different trajectories. The issue of fatal medical errors divides society into two major groups those who propose and those who oppose criminalization of medical errors. This paper evaluates the United States context to determine whether criminal law should be employed to control the careless conduct of medical professionals by highlighting both the views aired by opponents and proponents of prosecution of medical professionals for fatal medical errors. <br />
<br />
Introduction<br />
Criminal legal responsibility for carelessness, according to McDonald (2008), has long been controversial as it increases critical issues concerning criminal principles which get their way into the heart of our awareness of when it is suitable for punishing those whose practice clearly portrays fault instead of an intention to cause injury. There are people who argue that carelessness should not be a base for criminal responsibility due to the fact that criminal sanctions should be enforced on people for the outcome of actions they had determined or effects that they foresaw as a likely outcome of their practice (McDonald, 2008). Others, as (McDonald (2008) illustrates, propose the enforcement of criminal sanctions for practitioners who were careless on the basis that the defendant could have acted as per the set standards of conduct, but did not do that. Proponents of criminalizing negligence argue, on practical basis, that the threat of criminal sanctions contains a potential consequence in that it promotes improved standards of performance (Monico, Kulkarni, Calise and Calabro, 2007). Careless acts by professional health care workers during their practice are part of human race condition. No one is perfect. Each and every person is destined to make mistakes. The just culture organization, according to Monico, Kulkarni, Calise and Calabro (2007), believes that healthcare system usually fail to identify that human beings have various intentions in all they do. Though the intentions of human beings towards a certain outcome may be recognized, people fail to notice the intention of human beings toward the behavior that results in that outcome. These outcomes has long been responded to through a variety of ways, especially by way of provision of damages to the injured person based on the law of tort and the enforcement of sanctions against healthcare experts through professional regulatory mechanisms (Dute, Faure, and Koziol, 2004). However, in the most serious of such situations, the criminal law has for long been a tool through which alleged carelessness in the conduct of a health professional resulting in the death or severe injury of a patient has been addressed. The state utilizes criminal law to hold an individual liable for all actions that are in contradiction of the interest of the general public (Monico, Kulkarni, Calise and Calabro, 2007).<br />
<br />
Legal experts argue that there is no single person who should be protected from the criminal law on the basis of hisher professional status (Margaret and Neil, 2007). All in all, there are various situations associated with the provision of healthcare services that make it hard to find criminal legal responsibility for alleged negligence in the process of practice by a healthcare professional. One of the most significant difficulties, appertaining to the use of criminal law against healthcare professionals for negligence in their practice, is that the criminal law is not sufficiently equipped to tackle the difficulties of the specific environments in which healthcare professionals usually operate (Margaret and Neil, 2007). The model of the criminal law is founded on an acceptance of human agency an independent person makes a choice to either act or not to act in a way that breaches the law and must agree to the outcomes of that deed or omission (McDonald, 2008). This assumption envisages an uncomplicated world which recognizes a few relational factors. At the time when criminal law was first made use of, to control healthcare professionals, services were offered to a greater extent in a personal context, as there was no health system to be spoken of (Margaret, and Neil, 2007). The historical foundations of healthcare system are grounded on the sovereignty of professional workers who are either incompetent or competent in their professional practice and this application still echoes the way in which accountability is assigned in this realm (Margaret, and Neil, 2007). On the other hand, in the modern reality, a lot of healthcare professionals are entrenched in the complexity of contemporary healthcare, which is characterized by numerous interacting healthcare providers, treatments, modern technologies, patients suffering from numerous complications, and high pressure environment (Neumayer and Grunsven, 1999). Though this context is not always approved, studies concerning psychology of error have shown that errors are not always the consequences of individual incompetence, but rather are produced by causes inherent to the intricate system in which a person works.<br />
<br />
Criminal liability for medical errors<br />
The topic of health experts facing criminal charges of criminal negligence leading to death, or grave bodily harm of a patient as a result of alleged negligence, or manslaughter in their professional practice was thrown into great relief by the recent exoneration of doctors accused of mishandling Canadas blood system in the in the early 1980s (McDonald, 2008). Stories such as these in addition to international reports portraying a rise in the number of health professionals being charged, and in a number of cases being convicted of critical criminal offenses due to alleged negligence in the process of their practice, have led to an increase in anxiety concerning the clear rise in the incidence of such charges in addition to their suitableness in healthcare context. Numerous researches focused on the frequency, suitableness and nature of criminal charges against health experts, especially physicians, for alleged carelessness in the process of their professional practice has been carried out in the United States, U.K, Japan, New Zealand and other nations ((McDonald, 2008).<br />
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There are various situations in which the criminal justice system is faced by the challenge of coming up with a clear and fair ruling. One of the cases of fatal medical error include for example where a woman dies as a result of catastrophic loss of blood in the process of surgery to remove cancerous liver tumor, the case where a young boy dies as a result of cardiac arrest during surgery for pyloric stenosis. This death may occur, for example, following a surgeons request to inflate the stomach and the anesthesiologist wrongly injects air into a tube entering the patients vein rather than the nasogastric tube (Clarkson and Cunningham, 2008). The other example, as illustrated by Clarkson, and Cunningham (2008), is where babies meet their deaths as result of cardiac arrest due to incorrectly carried out procedures. Failure of the medical staff to respond quickly to serious medical conditions of patients may also result in the death of patients. Anesthetic mismanagement also results in the death of a lot of patients. Presently, cases such as these one, are handled using the contentious as well as catch all offense of gross negligence manslaughter (Clarkson and Cunningham (2008). Even though, through no ways exceptional as an example of criminal liability, crimes of negligence are rising day by day its place near the peak of serious criminal offenses in addition to the lack of a lesser charge or an inchoate offense, makes it an insufficient scenario, usually hinging on ethical luck as well as prosecutorial performance in terms of the result (Neumayer, and Grunsven, 1999). Though relatively uncommon, prosecutions such as these have risen tremendously over the last 20 years, thus developing extreme concern for the healthcare profession and calling for intellectual investigation (Clarkson, and Cunningham, 2008). Before evaluating the benefits of a particular offense for fatal medical errors it is important to address the question whether such conduct should be taken as criminal in then first place. <br />
<br />
Neumayer and Grunsven (1999) argues that it is highly unlikely that a lot of people would support all such fatal medical errors to fall outside the jurisdiction of criminal law the duty is therefore, to settle on an ethically meaningful as well as fair structure for responsibility. The issues concerning the suitability of criminal negligence has for long given legal philosophers, who realized it was a tremendously troublesome area, a headache. Hall, according to Clarkson and Cunningham (2008), argues that the imposition of criminal liability losses sight of the concept of culpability which is the concrete groundwork of criminal law. Hall argues that the use of negligence should be extended to other sectors of criminal law the Law Commission approves criminal sanction for liable inadvertence, notwithstanding disposing of the label manslaughter for its preferential formulation of killing through gross carelessness (Clarkson, and Cunningham, 2008). There are those who support Halls opposition to penalizing carelessness. Others argue that the range of conduct as well as responsibility taken in by unintentional manslaughter is such that the label for the crime has become ethically uninformative. Nevertheless, even as there is an apparent case for improvement, there is less clarity in regards to what this should be. One alternative rests with developing a specific homicide offense for the health care context to take the place of gross negligence manslaughter. This can then be taken as a section of the greater re-modeling of homicide in addition to the more important question concerning the magnitude of criminal law required. This is an endless debate, and one which has been, to a great extent, based on the questions concerning the general role played by the criminal law (Neumayer, and Grunsven, 1999). Ancient concerns of the reduction of guilt have gone on with more recent vital remark in regards to the problem of extensive over-criminalization dissatisfied from ethical culpability. Huask, as illustrated by Clarkson, and Cunningham, 2008), point an accusing finger at legal philosophers, who he says are too quick to consider the reasons for, instead of against, criminalization, and disputes convincingly for a standard of criminal law as well as punishment as last way out.<br />
<br />
The most relevant issue currently is whether the offense of gross negligence manslaughter is specific and sensitive enough to act as a sign of different levels of responsibility for offense committed in various contexts (McDonald, 2008). The main question is whether medical cases are different enough to justify labeling in addition to prosecuting as a separate crime. The major challenge facing this issue regards the benefits as well as the demerits of establishing special criminal law for professional healthcare workers. The main anxiety is between the call for fair labeling of crime as well as offenders against the danger of over-specificity and therefore over-criminalization, a very serious danger in the rapidly moving world of criminal justice, law, and policy (Margaret and Neil, 2007). <br />
<br />
There are those who advocate for a re-conceptualization of fatal medical errors at the level of satisfying theory of criminal liability. This is a section of the larger attempt to posit a virtue jurisprudence of criminal responsibility, which means linking the conditions for criminal culpability to specific vices (Margaret and Neil, 2007). Gross negligence manslaughter responsibility for healthcare experts is susceptible too the response in such a way that it leaves a wide gap between irresponsible homicide and no criminal response, and in terms of criminalization is, therefore, all the more all or nothing than the status quo (Clarkson, and Cunningham, 2008). It may also, on the other hand, appear unjust in terms of unwarranted protection for such experts. Nevertheless, healthcare is adequately special as compared to other contexts under consideration. If people then accept that the current stance on this issue is unacceptable there are two choices to make demote and prosecute more, or promote and therefore reduce the focus on irresponsible homicide as the business of criminal law and justice (Monico, Kulkarni, Calise and Calabro, 2007).<br />
<br />
Margaret and Neil (2007), states that law regarding medical negligence provides plaintiffs with a legal ground on which they built their lawsuit. In a medical misconduct case, a plaintiff must satisfy four conditions duty, breach, causation and damage in order to emerge victorious (Margaret and Neil, 2007). In a negligence case, on the other hand, the actions of the wrongdoer are compared to what would otherwise be expected of a sensible and careful individual in the same scenario (Margaret and Neil, 2007). In most cases it is this sensible standard of care that is used to determine whether legal accountability attaches (Clarkson and Cunningham, 2008). Cases of medical malpractice are different from those of typical negligence in that, in medical malpractice plaintiffs are required to ascertain positively the applicable standard of medical care through the testimony of other healthcare professionals. Based on that fact, the legal system has allowed physicians to establish their own standard of healthcare in cases dealing with medical negligence. The two major aims brought to medical malpractice by civil legal action, according to Margaret and Neil (2007), are to compensate injured patients as well as to examine the value of healthcare. The extent to which medical malpractice legal action is at attaining either of these two objectives is at the center of criminal persecution of medical personnel (Margaret and Neil, 2007). The extremely low numbers of file claims made by injured patients against medical professionals portrays that legal action for medical malpractice does very little in reimbursing injured patients. There are claims that even those whose claims are successful are not compensated completely for financial loss incurred during the process of litigation (McDonald, 2008).<br />
<br />
Prosecutors who do not depend on statute can succeed if a healthcare professional indifference to the risk of injury results in either criminal negligence or carelessness. If it is clearly shown that the negligence of a medical personnel increased to the level of horrible inattention, gross incompetence, or criminal insensitivity to the wellbeing of the patient, criminal negligence could attach. General Law as well as the courts has not been of much help in elucidating the way criminal negligence applies to medical practice (Keyes, and The American Bar Association, Committee on Biotechnology, 2007). <br />
<br />
It appears, as Hurwitz and Sheikh (2009), argues, that the current period is one in which the magnitude of healthcare services is slowly finding roots in all industrialized nations. Physicians who make a mistake once in their healthcare decisions and actions receive no significant feedback to call their attention to the mistake and to do all they can to prevent repeating that mistake (Hurwitz and Sheikh, 2009). Likewise, in numerous situations in which the mistake has been exposed, the absence of effective feedback hinders its causes as well as the strategies for its prevention from being appropriately investigated. Physicians may continue repeating mistakes due to the fact that autopsies are uncommon and admission of errors is feared and, thus, avoided. Various factors have resulted in the dissatisfaction of the public with healthcare (McDonald, 2008). The continual increase in medical errors has stimulated patients to seek legal assistance for obtaining compensation for any medical error that may arise (Dute, Faure, and Koziol, 2004). Medical administrators prompted by a force to enhance the efficiency of healthcare, usually end up increasing the rate of medical mistakes through cost containment. The two major factors that lead to an increase in the rate of medical errors as well as critical events, as pointed out by Dute, Faure, and Koziol (2004), are the reduction in the monitoring of healthcare in addition to attempts to control its cost. The tremendous rise in medical errors in the late twentieth century culminated in widespread changes in the healthcare practice and eventually in the attitude of the public towards the healthcare profession (Dute, Faure, and Koziol, 2004). The account of maltreatment of patients in addition to cases of criminal negligence as well as intentional criminal conducts by healthcare professionals led to development of an atmosphere of mistrust of healthcare professionals (Hurwitz and Sheikh (2009). This mistrust tremendously affected the efficiency of healthcare, due to the fact that it lowered the efficacy of treatment and may also have resulted in a reduction in the patients compliance to the advice of physicians. <br />
<br />
All in all, if physicians are punished for any medical mistake they make, as it was the case with the hammurabian society, it is possible that the modern society might find itself in a very critical situation without any dependable doctor (Clarkson and Cunningham, 2008). There are various ways through which the aggression of the public towards physicians and health establishments has portrayed itself. However, it has resulted in an increase in legal action as well as violence against health professionals (McEvoy, 2007). To a certain extent the general public appears to have taken hold of the significance of this controversy in its relation to the increased level of damages claims as well as its deleterious effects on healthcare (Dute, Faure, and Koziol, 2004). There is no evidence that the danger of unprofessional conduct hinders physicians from carelessness. Instead, the fear of legal action is a very strong reason for taking actions to prevent the claims.<br />
<br />
There are various reasons given in support of or opposition to persecution of healthcare professionals. There are those who cite a growing recognition to regard medical negligence as a white collar crime with its hybrid general nature (Wolman and Manor, 2004). Others cite the lack of proper supervision of medical professionals by the state and federal organizations. Advocates for criminal prosecution depend on practical and retributive theories of justice to make their stance rational. Utilitarians, according to Wolman and Manor (2004), believe that criminal sanctions are suitable when penalizing negligent practice, due to the fact that prosecution makes sure that healthcare professionals undertake their functions with more caution. Retributive justice, on the other hand, is a theory centered on the perception that punishment is warranted on the base that the offender has developed an imbalance in the social order, that advocate criminal sanctions healthcare conducts. A medical professionals unintentional risk taking may be taken as a fault in social interaction that warrants punishment through criminal sanctions (Wolman and Manor, 2004).<br />
<br />
Critics of criminally punishing negligent healthcare conduct, on the other, hand argue that the criminal justice system should only penalize those who intentionally commit a wrong (Wolman and Manor, 2004). Based on retributive theory, it would not be just to penalize a healthcare expert for unintentional risk taking or when the healthcare professional is not aware that the conduct develops a risk of danger. Medical organizations argue that criminally punishing healthcare professionals for clinical errors would establish a risky model (Wolman and Manor (2004). These organizations make it clear that such a precedent would deter physicians from taking hard cases or even undertaking research in new areas. Others still, argue that such a model would promote the practice of defensive medicine and further aggravate the cost of medical care. Whereas, the general public with the support of the legal system advocate penalizing medical professionals for fatal medical errors (McEvoy, 2007), healthcare professionals and advocates argue that criminal prosecution of healthcare workers eventually does more harm than good. Critics of criminalization argue that criminal sanctions would finally make professionals to stop reporting errors and discourage enrollment as well as retention of a profession already in dwindling supply. They also argue that this criminalization would bring vital initiatives of safety of patients to a halt (Wolman and Manor, 2004).<br />
<br />
Conclusion<br />
The criminal justice system, as well as the general public, is faced by a major challenge concerning the way it should handle various cases of fatal medical error. The criminal law is a significant regulatory instrument to utilize against medical professionals who grossly move away from safe practice but not when a negligent conducts, however devastating their results, is one to which all human beings, in particular those working in intricate organizations are prone. The few numbers of cases as well as the very small conviction rate portrays that the justice system administrators clearly see that the criminal law should have minimal use in this sector. International reports portraying a rise in the number of health professionals being charged, and in a number of cases being convicted of critical criminal offenses due to alleged negligence in the process of their practice, have led to an increase in anxiety concerning the clear rise in the incidence of such charges in addition to their suitableness in healthcare context. The increase in the number of prosecution for fatal medical errors over the last 20 years has developed an extreme concern for the healthcare profession and called for intellectual investigation. Critics of criminalization of medical errors accuse legal philosophers, who advocate prosecution, saying that they are too quick to consider the reasons for, instead of against, criminalization, and disputes convincingly for a standard of criminal law as well as punishment as last way out. Critics of prosecution of health professionals for negligent conduct, clearly states that the criminal justice system should only penalize those who intentionally commit a wrong. Medical organizations argue that criminally punishing healthcare professionals for clinical errors would establish a risky model, which would deter physicians from taking hard cases or even undertaking research in new areas.<br />
<br />
Criminalization of medical errors in addition to imposition of criminal sanctions would finally make professionals to stop reporting errors and discourage enrollment as well as retention of a profession already in dwindling supply. Proponents of criminalization of medical errors argue that the account of maltreatment of patients in addition to cases of criminal negligence as well as intentional criminal conducts by healthcare professionals lead to development of an atmosphere of mistrust of healthcare professionals. This mistrust tremendously affects the efficiency of healthcare. Proponents of prosecution for fatal medical errors also claim that there is no evidence that the danger of unprofessional conduct hinders physicians from carelessness. They claim that instead, the fear of legal action is a very strong reason for taking actions to prevent the claims. However, if physicians are punished for any medical mistake they make it is possible that the modern society might find itself in a very critical situation without any dependable doctor.bloggerhttp://www.blogger.com/profile/00959827063701472131noreply@blogger.com0tag:blogger.com,1999:blog-1380130208988716094.post-77228982359438678452018-02-28T10:54:00.000-08:002018-02-28T10:54:17.339-08:00Suspended Punishment and Their Economic ImpactThe philosophical ideas of the punishment on crimes can be generally divided into two schools of thought Reductivisim and retributivism. While the utility of punishment is mainly grounded on the idea of crime control, it must, however, be supported by a moral authority. This moral authority comes into play when deciding on whether the punishment is appropriate to the crime committed, and can be interpreted in the two schools of thought on punishment.<br />
<br />
Reductivisim vs. Retributivism<br />
Reductivism refers to the philosophy that punishment is carried out to prevent or to discourage future crimes from the offender or as an example to possible offenders. Reductivism is largely supported by the philosophy of moral utilitarianism, that any discomfort experienced by the offender must be outweighed by the fact that his punishment will result in less discomfort for those who may have been the offenders future victims. Its perspective is forward-looking, to prevent future crimes from being committed.<br />
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Retributivism refers to punishment as simply an outcome from the offenders wrongdoing. Older codes of law are usually based on this moral authority, sometimes known as just desserts (Carrabine, 2004, p. 236). However, liberal thinkers began to protest this route in punishing crimes, as it values the powers of state over each individuals rights. Retributivism also appealed to feelings of revenge andnaturallyretribution, which does not fit in todays idea of justice. Todays idea of justice usually follows that the sentence must follow the offender, and not the offense (Carrabine, 2004, p. 236), which is against the idea of retributivism.<br />
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The modern justice system clings to neither school of thought but rather takes elements of both in a series of compromises. Many may argue that despite the archaic nature of retributivism, it still strongly manifests itself into our justice system, especially in the persistence of capital punishment. Reductivism on the other hand has proven itself ineffective History and experience has shown us that punishment and indeed, the threat of punishment is not enough to deter potential offenders, especially those who live in poverty-stricken areas. In fact, the number of prisoners continues to rise steadily over the years, triggering debates on whether this was caused by public expenditures being focused on physical prisons rather than welfare or rehabilitation of offenders (Carrabine, 2004, p. 233).<br />
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Restorative Justice<br />
With the steady disillusionment in the justice system, and the active debate between social scientists, victims rights groups and prisoners rights group, a new school of thinking has arisen Restorative justice. Restorative justice aims to address the gap between the offender and the victim by having the offender compensate for any wrongdoing or damage they have done, effectively having them acknowledge their own fault and in doing so forming a relationship with their victim. Restorative justice can also involve family group conferences, reparation orders for offenders 10 years and older, and consultation with the victims family or group prior to reparation (ibid. p. 238).<br />
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Criticism of restorative justice has ranged from those claiming that offenders have little to no protection against pious moralizing to accusing this form of justice as a way to tighten social control. Regardless, it is quite clear that the current trend is, simply put, not working at all. We are approaching a time when the prison will only be used for those whose character is deemed unfit to be at large (Spalding, p.3). As such, the increasing prison population and crimes demands us to consider alternatives to simply putting away offenders and forgetting about them. Restorative justice encourages a system that effectively reintegrates offenders into becoming more productive members of society while at the same time addressing some of the justice systems problems with prison population and crime acceleration.<br />
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The Probation System What You Need to Know<br />
The probation system encourages offenders to reintegrate and become healthier and more productive members of society. While the probation system is under the executive branch of government, it is the local judiciary who oversees probationary cases in most states.<br />
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The probation system is seemingly simple Once the trial has been heard, the judge will consider the crime, the background of the offender, and the statements of the offenders family on how the crime has affected them, before the judge decides on whether to sentence the offender to be under the probation system. Offenders are then undergo risk classification what their individual needs are and the risks the offender will present to the community under probation. The risk classification will then result in getting the probation officer most suited for the offenders needs. Once the probation has been served and the requirements set, the judge will declare the sentence served and the offender released back into society.<br />
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The probation system affords the offender a sense of freedom by allowing the offender to live at home. However, the system also encourages participation with the greater community by having the offender report to their probation officers, who act both as a supervisor and a counselor. Probationers are also given access to social services in housing, education, housing and finances.<br />
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Other methods used in probation include intermediate sanctions, which are administered to more serious offenses but not serious enough to warrant long-term imprisonment, or to those who show little risk of recidivating or showing any future threat to society. Intermediate sanctions can take the form of home confinement, intensive supervision probation, and shock incarceration, more commonly known as boot camps. Like probation, intermediate sanctions aim to lessen prison congestion and at the same time adjust the punishment to fit the crime on a ladder of scaled punishments (Siegel, 2005, p.542).<br />
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While the number of probation officers vis--vis the number of probationers is stretched thin (and is source of discussion on whether or not probation is still effective in the sheer number of offenders), supporters of this system still claim that this is still the best way to reintegrate minor offenders mainly due to two important points Economic gain and recidivism. Advocates of probation cite that sparing prisons and its facilities from congestion is a bigger economic gain. It also helps keep those who have committed minor crimes from those in prison, who may influence them into bigger crime, or in some cases, a lifetime of crime. Probation is also a better way of expressing rehabilitation vs. mere punishment. <br />
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The Exception of Serious Crimes<br />
Probation is largely imposed on misdemeanors, but how effective could it be on more serious crimes A 1985 study by Joan Petersilia on imposing probations on felony crimes yielded interesting results. 65 were rearrested, 51 were convicted, and 34 were incarcerated within the number of cases that were included in the study. 75 of the new crimes the study group committed were more serious crimes and 18 were for serious, violent crimes. While the numbers may show a failure on the part of probations rehabilitative potential on offenders, the studies also show that offenders with the most serious of crimes are most likely to recidivate in comparison to those who were sent to prison (Criminology, 2005, p. 542).<br />
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The exception of serious and violent crimes, like murder, from the probationary process is one that almost goes without saying, but what of matters such as juvenile crime In most judiciary process, serious crimes committed by juveniles are studied and handled very carefully by everyone involved. Despite the stance of most states to adopt a more inclusive, conciliatory stance to allow the offender to reintegrate into society while improving their own chances at success, the most common trend for serious and violent crimes committed by juveniles is to continue to try them and punish them as adults. This speaks very strongly of the judicial systems view on whether probation should be utilized for those who have committed serious and violent crimesprobation is hardly used, and traditional punishment such as long-term imprisonment is still the preferred punishment for perpetrators of such crimes. This is probably because probation is viewed as a tool or a method that is most effective for those who have lesser likelihood with recidivity and pose smaller risk to the community once the probation period is over. It is assumed that with perpetrators of serious and violent crimes, the likelihood for recidivity is high and they also pose a high risk to the population if released. Whether an acceptable probation method will be developed in the future for cases such as these is yet to be seen.<br />
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Setting the Standards<br />
The probation system is generally considered a new system within the judicial system, and currently there are no set or fixed standards on to which particular misdemeanors or offenses warrant probation and how to implement probations on varying individuals with different offenses under different circumstances.<br />
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The question of standards in imposing and implementing probation behooves us to look back into the moral philosophy and justification of punishment. Why do we punish those who have committed crimes Why did probation arise from collective judicial experience as a nation Let us recall that the current school of thought in regard to the idea of justice arose mainly from the failure of reductivism and retributivism, and that today, many believe that the punishment should fit the crime. There is also a leaning towards re-integrating misdemeanor offenders back into society, with an aim to bridge the gap between offender and victim.<br />
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It goes without saying that those who have committed crimes should be punished, and as stated earlier, punishment geared towards reformation for misdemeanor offenders is deemed most effective as it encourages them to become more useful members of society at the same time it helps protect society by giving offenders a higher chance of reintegrating successfully with them.<br />
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However, for any society to have a working probation program, certain standards must be established within its judicial system. Early criminology scholars have listed said standards and they still ring true today. According to John Lewis Gillin, the state must have the following prerequisites before implementing probation, and they are 1) Accurate and scientific methods of identifying offenders, such as fingerprinting, criminal records, and crime labs 2) A police force trained to respond towards the philosophy of restorative justice 3) Appropriate places of detention 4) An effective system of bail bonds that will lessen the necessity of jail detention 5) Reformation of the judiciary system that ensures a speedy and efficient trial and 6) Proper institutions and infrastructures that will ensure that probations and offenders will be properly dealt with and receive individualized treatments to allow them to reintegrate successfully back into society (Gillin, 1926, p.853).<br />
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Yet every crime is different, and in taking the route of reformative justice means that each form of punishment must be individualized to ensure its efficacy on each offender. To ensure that efficacy, standards should also be set and followed by those in the judicial system. Unfortunately, the prerequisites that should be established in each state that were mentioned earlier and the standards in carrying out probations are not fixed and vary from state to state. In the United States, probation is not a right but the prerogative of the judge. Different laws in different states also complicate matters by having removing the option of probation entirely on certain misdemeanor offenses. There is also the problem of the lack of institutions such as hospitals and schools that are specifically aimed to deal with individuals whose ignorance or are victims to negative influences led them to commit offenses. Currently, there are neither set standards nor specific prerequisites for states to have these institutions in place before implementing probation, and whether these prerequisites will be integrated within the system remains to be seen.<br />
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Another crucial point in the success of probation lies in the proper training of qualified individuals as probation officers. The recommended number of cases to every probation officer (or counselor for juvenile offenders cases) is 50 cases for every officer. However, this number is not always followed due to the overwhelming number of probation cases vis--vis the number of probation officers available. While the prescribed timeframe for probationary period spans from six months to a year, the sheer number of cases means that any probationary officer at any time may be handling more than the prescribed number of cases than they should and the more the number of cases, the less chances of applying an individualized method effectively to each of the probation officers client.<br />
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As for the standards of the probation officers themselves, the National Probation and Parole Associate cite the following A BA or equivalent, at least a years worth of paid fulltime experience under competent supervision in an approved social agency and the possession of good character and sound judgment (Rouek, 1958, p.279). However, it s quite clear that it needs more than those general qualities to become an effective probation officer. For one thing, probation officers need to cultivate and encourage dynamic interaction between offender and probation officer. They must be prepared to deal with varying backgrounds, psychological problems and other mental problems of their clients. While they are expected to guide their clients into a healthier and more useful lifestyle, they are expected not to do everything for them, nor to coddle them. Being a probation officer is a careful balance between authority figure, counselor and at times, friend. One must not mishandle authority as not to ruin the starting point of any probation officer and their clientone of hostility or unfriendliness. At the same time this authority can be used to make rewards for good behavior much more effective if they have regained the trust and respect of their client.<br />
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It is a probation officers failure if they do not inculcate and show a genuine interest and concern for their clients, and disinterested and perfunctory checkups result into an unchanged attitude for the offender. An ineffective probation officer also casts a bad light on the probation process as it may convince taxpayers and upstanding citizens to think that, based on the unchanged attitudes of the offender, that probation in and of itself have no merit whatsoever. Less public support means less support in general for the probation system, and less support for the probation system means less resources laid aside for the system. In a sense, the crucialand the most meaningfulphase of the probation period is the participation and relationship of the offender and the probation officer.<br />
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The Role of the Judge<br />
The role of the judge within the probation system is to act as oversight towards individual cases. It starts with the sentencing. The judge can only sentence on terms that are authorized by statue, that it is not discriminatory and that it draws distinctions on sentencing schemes. For those whose cases can fall under probationary status, the probation office will present the judge with background of the offender, including family, psychological profile, education and criminal record. Families of the victim can also speak at court about the crime committed by the offender or other aspects of the crime committed and how it has affected their family in the form of victim impact statements (Feinman, 2000, p.326). The judge will then review the report of the probation office, together with the victim impact statements, and will ultimately have to decide within the prescription of the legislature.<br />
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Depending on the judges discretion, first-time offenders may find themselves doing community service or diversion programs. For those with misdemeanors, probation or probation combined with a reduced jail time is much more common. Probation means meeting requirements, and should the offender fail to meet these requirements or should the offender not finish the probationary period, the judge may order the probation to be suspended, which may have the offender having to serve out the rest of his or her punishment in jail. If the offender meets all the requirements and has served out his probation time, the judge can declare the sentence met, and the offender will then be allowed to be released and reintegrated back with the rest of society.<br />
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The role of a judge is crucial. While laws may get in the way of a judge sentencing an offender more fairly (for examples, some states may have laws that dictate that those carrying illegal firearms will automatically get jail time, which leaves many first time offenders with no choice but to be jailed when probation would have been more appropriate), the inflexibility of the judge may also get in the way from getting probation utilized in some cases. These usually happen in cases where serious and violent crimes have been committed, and the stigma of these crimes usually dictates the sentence, no matter how exceptional the behavior of the offender shows in prison that may show a warrant for the offender to go in intermediate sanction.<br />
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Intermediate Sanction<br />
Intermediate sanction, as mentioned earlier, refers to the method used in most probation processes that combine traditional imprisonment and traditional probation methods. Intermediate sanction is looked upon favorably by advocates who state that 50 of those imprisoned will likely to be jailed again while those under probation have a high revocation rates due to the inability to meet requirements (Siegel, 2009, p. 542). Many view intermediate sanction as the best way to solve some of the problems caused by the prison system, and to have an alternative to incarceration should regular probation be revoked but the crime itself not too grievous as too warrant incarceration. For example, would you automatically someone throw someone with a misdemeanor offense in jail due to a revoked probation The reasonable answer would be no, but certainly a more stringent punishment would be appropriate. Intermediate sanction, as mentioned earlier, uses several methods to impose stricter conditions of the offender. Combined with jail time, intermediate sanction can also be used for felony offenders. The heightened surveillance on those under intermediate sanction may also discourage those under probation to hidden recidivity. About a 14th of those under regular probation have admitted to committing at least one offense and 34th admitted to going to at least four offenses (Siegel, 2009, p.382). Regular probationers who have learned to go around the system may be guarded more closely under intermediate sanctions.<br />
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Intermediate sanction may prove itself to be a bigger economic gain as it helps limit the use of jail cells to incarcerate offenders. Since intermediate sanction can be used to include a vast number and variety of offenses, it seems unwise for the judicial system to leave the possibilities of a system made up of intermediate sanctions, leaving jail cells to those who are most dangerous to society.<br />
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Implications for the Future<br />
For what is the use of punishment if we do not use a more inclusive method that gives bigger hope for offenders to be reintegrated back into society In our 20th century laws, and methods of punishment, time and time again we have stressed on the importance of rehabilitating offenders over getting the retribution of the few on them. While critics may point out the probation system and intermediate sanctions make no significant difference on recidivity of the offenders, the probation system and intermediate sanction are truer to our ideals of rehabilitation for prisoners and offenders. While there is a 50 chance of those under probation, intermediate sanctions and even intensive probation supervision to fall into recidivity, the success of the other half of those in reintegrating with society should be considered as well. This other 50 have been able to lead healthy, successful lives as productive members of society with only a small percentage of likelihood of recidivity. And while it is not a bigger percentage, the success of reintegration is something to think about.<br />
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Conclusion<br />
The overall prison system, simply put, has failed. All we have now are overcrowded jails which do not serve as deterrents for future offenders. There is also a question of the limited resources and facilities that we have for jails. The fact is, theres not enough to go around for everyone, and alternatives should be considered carefully. For now, probation is still largely considered an alternative to jail time, but is steadily increasing in becoming of the more appropriate method of corrective measures for many misdemeanor and even felony offenders.<br />
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Of course, the drive towards promoting probation as the preferred form of punishment comes with its own issues. Theres the question of the standards used across states when it comes to implementing probation, if the necessary infrastructures and institutions are in place and if they are ready to accommodate the many and varied cases in the probation cases. Theres also the question of qualified probation officers and whether they are fully-equipped to respond meaningfully and effectively towards those under the probation system. Another issue is whether other members of the judicial system or those involved in them, like judges, policemen and the like, have been properly trained and sensitized to the needs of those under the probation system as well as whether they can themselves overcome their own personal preferences or prejudice against criminals and the probation system to realign themselves into truly believing and advocating the cause of real restorative justice.<br />
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The role of society towards probation and restorative justice is just as important as those who directly deal with it. Public opinion matters greatly in the matters of state and reform, and for now public opinion still greatly leans towards a retributive form of justice, having little knowledge of the complexity of crime and punishment. While its clear that the general public would rather criminals to be cleanly tucked away from their minds, perhaps this only means that its high time for them to get involved. Probation, among other things, bridges the gap between offender and the rest of society, and in doing so it encourages rehabilitation with participation with the rest of the community. With the proper safeguards in place and checks and balances, the possibility of the greater public participating in the rehabilitation of offenders shows a truer sense of the restorative justice that the modern system claims to be following. The road to individualized rehabilitation efforts for offenders, for the punishment fitting the crime, is far from realized but is showing great promise in the steps we as a nation have begun to take.bloggerhttp://www.blogger.com/profile/00959827063701472131noreply@blogger.com0tag:blogger.com,1999:blog-1380130208988716094.post-73993180898246136012018-02-28T10:24:00.002-08:002018-02-28T10:24:45.844-08:00One Canadian First Nation Communitys Efforts to Achieve Aboriginal JusticeTo demonstrate the ambiguous state of Aboriginal justice in Canada and the community based responses to restorative justice programmes, a case study of such an initiative in Canim Lake, British Columbia, Canim Lake Band and their supporters tell of the development and implementation of a Family Violence Programme (Pg. 168). Interviewing was the primary methodology used. A Shuswap Nation Tribal Council study revealed sexual, physical and emotional abuse and prompted Canim Lakes decision to confront the issue of sexual abuse (Pg. 169). The community through the Chief and Council started the Community Oversight Committee to develop a programme for Canim Lake. A seven-phase programme was created, combining traditional and contemporary practices to treat sexual offenders and victims.<br />
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Offenders, who volunteered to participate in the self-disclosure programmes were not prosecuted if they participated in the programme, were considered by the COC to be appropriate candidates after risk assessment, and if they fulfilled all the conditions of the programme. In 1993, a community referendum gave the COC the authority to implement the FVP (Pg. 170-171). For the programme to succeed, political will, co-operative agreements and trusts were required and with the communitys support, funding and co-operation of related government agencies were sought (Pg. 172). Community members participating in the programme expressed concern about a situation where everyone in the community owned up about their experience with sexual abuse since the joint release of emotion would be suicidal in proportion (Pg. 173). Conflict of confidentiality in circles where people knew each other or were related trust was an issue presented challenges. When the whole community did not participate, blame resulted where leaders and FVP staff who initiated the FVP but not the healing part, were questioned (Pg. 174-175). Community hesitation regarding the programme resulted in another survey which confirmed the communitys support of the programme. Positive changes were noted by most interviewees although usual success measures such as lowered crime rates were not applied (Pg. 177-179)<br />
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Conclusion<br />
The FVL programme not only proved to be a tool for administering justice but it also showed that a crime is not just a violation of statute but of relationships in the community. The community overcame challenges to find justice while maintaining cohesion making the program a success.bloggerhttp://www.blogger.com/profile/00959827063701472131noreply@blogger.com0tag:blogger.com,1999:blog-1380130208988716094.post-67257832232545425682018-02-28T10:23:00.001-08:002018-02-28T10:23:28.835-08:00Custodial issuesEvery year thousands of prisoners are released from prisons on parole or after completing their jail terms. To ensure that prisoners return to their normal lives without re- offending governments adopt programs meant to prepare prisoners for life after prison. Such programs may involve prisoners being allowed to work in community projects in order to instill a sense of responsibility in them. Additionally, prisoners may be allowed to work away from prisons and return when they have finished work. In some cases prisoners are permitted to visit the community. But despite these noble initiatives, cases of prisoners re-offending soon after they are released from prisons are not uncommon. This reveals that the programs are not always effective and something needs to be done to improve the situation. I strongly agree with probation experts such as Maburi (2009) that the psychological confusion, social stigma and economic hardships that they experience are partly to blame for prisoners re-offending tendencies. I believe that the excessively punitive sentences issued to convicts harden them instead of reforming them. Such sentences ignore the fact that convicts will at one time return to the community yet and do little to prepare them for life after prison. To prevent cases of ex convicts re-offending, courts should take bear in mind rehabilitation of prisoners back to the community after their jail terms. Towards this end, I believe there is need for further cooperation between the judiciary and the prisons and rehabilitation departments. By issuing humane punishments, courts will not only help in decongesting prisons but also save time and resources spent in charging and convicting the same persons for the same criminal offence repeatedly. This will definitely boost efficiency of both departments. While the move by governments to rehabilitate ex-prisoners into the community is laudable, I think there is need to enhance cooperation between rehabilitation departments and prisoners families and communities. This helps reduce stigmatization of prisoners thereby helping them regain their self esteem and quicken their reintegration into the community. The community also benefits from reduced cases of crimes. At the same time, by working closely with ex convicts, community leaders are able to monitor ex convicts movements and detect any criminal tendencies. Such monitoring also protects reformed ex convicts from being accused of criminal behaviors.<br />
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I also believe that there is need to increase financial assistance accorded to ex-prisoners. As a result of social stigma that faces ex convicts, they face challenges in securing employment, consequently some of them may resort to criminal activities such as robbery to meet their needs.<br />
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To reduce chances of ex prisoners re-offending, I would strongly advocate for the creation of organizations based on the alcohol anonymous model. This would entail prisoners and ex prisoners coming together to help each other overcome their criminal behaviours. Since they share similar experiences it would be easier for them to open up to each other and get assistance. Such a move will help reduce recidivism and other offences. Finally, I would propose that ex prisoners be made to pay back to the community for crimes committed. This could help deter them from committing crimes and boost reconciliation efforts in the community.bloggerhttp://www.blogger.com/profile/00959827063701472131noreply@blogger.com0