Criminology

The right to due process of law is a principle that applies mostly in criminal judicial system that holds that every person must be accorded all legal rights that are guaranteed to them by the constitution. It also the principle that all persons have a right to a fair trial regardless of the seriousness of the crime committed, race, their status, their sex, gender or religion.  In the United States the due process of law refers to how the laws of the land are enforced by institutions that are entrusted with this role for example the police and the judiciary. In a nut shell, during trial every defendant is entitled to fundamental rights such as rights to liberty, life and to property ownership. These rights are guaranteed by the US constitution and thus whoever denies another person of any of them is violates the constitution and therefore is subject to prosecution in a court of law. This term paper is in depth going to discuss about what the right to due process entails.
    The criminal justice procedure entails the elaboration of the manner in which a person should be handled in court while at the same time equipping the criminal justice system with ways in which it can efficiently collect evidence pertaining to a particular case without violating the rights of the accused person. The whole procedure is guided by a law known as a criminal procedure law that serves as checks and balances between the functions of the government in maintaining law and order and ensuring that human rights are not violated in the process. Though it is necessary for governments to do this, only democratic governments as opposed to authoritarian can manage to do it and even democratic governments cannot exercise this law fully without intruding on human rights especially in societies where maintenance of law and order is emphasized, with the United States being not being exceptional (Ferdico et al Chpt 4).
    The due process of law or the criminal justice procedure starts when police launches investigation concerning a particular incident or case which may lead to the arrest of the accused individuals or the suspects. From here the suspects are locked up waiting to be charged in a court of law where there case is heard, witnesses are called and evidence is provided and on the basis of sustainability of the amount of evidence provided, the judge recommends the sentence or the punishment for those found guilty. By thus doing, the defendants right to a fair hearing is guaranteed and this ensures that the punishment accorded is not commensurate with the crime committed or in other words the sentence is not unlawful.
    According to Ferdico et al, (2002) immediately after a crime is committed, the police launches investigations to establish who really has committed the crime and this process involves the questioning of suspects and witnesses, analyzing crime scenes to determine the circumstance that surrounded the crime while at the same time piecing up available evidence, keeping vigilance on suspects to note whether there could be any change in their character and behavior that might act as a lead in their investigations. If investigation is successful in identifying the suspect, an arrest and search warrant are issued to the police where they are arrested and interrogated. Any person who is arrested is entitled to be taken to the court within the shortest time possible as it is stipulated and can be released on bail pending trials. Even though the law is very categorical on its due procedure, violations of this law might occur in the process for example, police might obtain search and arrest warrants without following the right procedure, they might also fail to inform the suspect of their rights as suspects or they may even try to coerce or force them to make false confessions that that obviously may later be used against them. It is for this reason that the US constitution addresses and clearly shows the manner in which activities in each stage should be handled in order to ensure that no breaches would result in a criminal justice system (US constitution Online, 2006).
    In order to ensure that laws are applied properly and that all legal proceedings instituted against individuals are fair, there is a legal backing which is entrenched in the US constitution. There have been numerous court rulings that were aimed at trying to interpret what this means and a good example of this is the Board of Regents vs. Roth in 1972 which worked to interpret what the Fourteenth Amendment means. Basically this amendment ensures that no one can be deprived of hisher property and his liberty without the due process of law being followed (US constitution Online, 2006). According to this case, it was interpreted that the due process is applicable only if there is recognized property or liberty that is at stake. Another court ruling in respect to the right of due process of the criminal justice system is the Oliver case of 1948 where it was ruled that the defendant is guaranteed by the fourteenth amendment a fundamental right of being informed in no uncertain terms of the nature of the charge leveled against them and the reason why they are being charged. Here the accused person should be provided with an interpreter free of charge incase they do not understand the language used in their trials (Ferdico et al, 2002). Though this provision is entrenched in the constitution, it is understood that violations might result in the process and thus in order to ensure that the right procedure is followed, the court referring to the James vs. Borg ruling asks for detailed information describing to them the charges being pressed against a person. They should be given enough time so that they could prepare for their defense. If the government structures its system such that defendants are forced to plead guilty to charges they have not committed then this is a violation of the due process. As according to the Fifth Amendment of the constitutional no one can be forced to testify against themselves or in other words, everybody is presumed innocent till proven guilty. To this end, police are required to conduct intensive and extensive investigations, enough to prove beyond any reasonable doubt that indeed the defendant committed the said crime (Amnesty International Library, 2002).
    Still on this Fifth Amendment, the defendant cannot be charged on more than one time on the same crime.  It is on this basis that it was argued that the court presumes that the defendant is guilty prior to trials by forcing them to wear prison clothing not mention that this person has also been deprived of their liberty. Trying a defendant while in these clothing may undermine the delivery of justice as it appears to the judge that the person is already guilty and that was why in a case US vs. Stewart it was declared to be unconstitutional except according to the case, the Stahl V. Henderson where the defendant is a prisoner who has committed another crime (Ferdico et al, 2002).
    According to the sixth constitutional amendment, it is also the right of the accused to seek assistance of the legal counsel and lawyers to represent them if they feel they require one. They are also free to talk to their families, judicial officials and doctors in regard to the case. This helps them to report to institutions responsible incase their human rights are violated during their detention period. This person is also entitled to a fair trial and hearing by an impartial judge and jury. According to the Amnesty International Library (2002), a person cannot be discriminated in a judicial system on the basis of ones race, sex, creed, religion among others neither can media be relied upon as a source of evidence as it can manipulate data leading to biased ruling. The right to a fair trial is also guaranteed by the constitution and entails that one cannot be tried in his or her absence and they must be given a chance to prove their innocence without any interference whatsoever either by themselves or by a lawyer and should this happen the defendant could reclaim this right by appealing for the case to be heard when they are physically present in order to defend themselves against the charges leveled on them. In defense, they have the right to call witnesses in their favor or to examine those testifying against them (Amnesty International Library, 2002).
    In deed a defender cannot be said to have received a fair trial if he or she is denied their fundamental rights. It is for this reason that the constitution chips in the criminal justice system to ensure that the rights of the accused person are not violated. This is a result of numerous court challenges that have been instituted with an aim of correcting the wrong that had been happening in the criminal justice process. According to the 14th amendment, every defendant has a right to be heard when being tried and be told in clear terms and language the nature of their charges and the reason why they are tried. They are also allowed to consult a lawyer for advice or to represent them in court and it also provides that a person cannot be tried while absent in court and if this happens they have a right to appeal for the trial to be heard while they are present.

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

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

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


Conclusions and Implications for Correctional Employees
    In the final analysis, there are several lessons to be drawn from the academic literature by correctional employees.  These are interdisciplary lessons and are all designed to address what is first and foremost a public health issue.  The first lesson is that core correctional functions and legal protections must accommodate the greater public health concern.  More specifically, because of the tremendous concentration of HIV positive individuals in correctional facilities, correctional employees must view HIV testing, segregation, and preventative programs as a public health issue both in the correctional setting and for society more generally.  The second lesson is that correctional employees can in fact contribute in meaningful ways to the prevention of the HIV epidemic in America.  Because correctional employees are on the front line, so to speak, they can gain first-hand knowledge about what types of programs seem to work and what types of programs dont seem to work.  These are the types of personal observations and experiences that can then be shared with public health researchers and policy makers in order to help create truly evidence-based prevention models and programs.  Finally, correctional employees should be aware of the fact that society and the courts will be supportive in these efforts to address HIV in the correctional context.  The courts have generally adhered to a hands-off approach vesting correctional administrators with a great degree of discretion.  Correctional employees should view these grants of discretion wisely and attempt to assist in stemming the spread of the disease.  The main advantages are that the correctional employee is vested with more discretion and can contribute to solving a major public health concern.  The main disadvantages are that correctional employees have typically not been trained for such duties and the correctional facilities have not been allocated adequate resources to perform such an important public health function.  These disadvantages should be identified and remedied so that correctional facilities and correctional employees can better assist in the war against HIV.

The policing activities in Canada are rapidly changing and the understanding and execution of the systems of justice are undergoing major transformations. Many private police organizations are up coming to provide security to individuals, companies and some government departments (Clifford, Shearing  Stenning, p 5).
Although this is a new phenomenon, it can be traced back in the history. This has originated from the competition that the public sector is facing from the private industry in terms of service delivery and quality of products provided by the private sector. In Canada, people are in great need of private policing in order to combat crime and to protect their wealth and lives. There is an increase in the demand of private police services, especially among the gated communities, which is reflected by the rapid development in private policing. Individuals and organizations are turning to private means of protecting their wealth and preventing criminal activities due to panic and worry about violence and robbery. The role of policing in the Canadian society is changing as a result of the emerging private policing (Newburn, p 834).
The private police protect private as well as business bodies whilst the public policing deals with matters affecting the general public and they put into effect the policies of the government. There is small difference between the private and public police. Private police are governed by the laws which regulate the common citizens although the public police place themselves above the law (Reynolds, para 5).
A clear definition and restriction of authority concerning the private police need to be put in place as individuals, corporations and government departments continue to accept services from private police. Currently, it is not possible to predict the future of non-state policing in Canada. Due to the fast development of private policing, regulations and standards should be put in place in order to maintain responsibility to the society. Private police should be accountable to the society as well as to their employer (Cukier, Quigley and Susla, p 240).
Research question
How has ethical and legal issues associated with private policing amongst the gated communities in Canada have affected the policing activities
Thesis statement
The essay looks into a deep study of the private policing in the gated communities in Canada. A brief review of the available literature on the subject has been discussed.  A clear distinction between private and public policing has been reviewed and a brief history of private policing has been explained to establish its background.
Literature review
Private policing refers to security contracted by persons or companies to keep safe and guard property and employees. Shearing and Screnning (p 23), define private policing as the commercial activity done by corporations to prevent, manage and control criminal activities. The definition also includes those individuals hired to perform security duties by a security firm. The state and non-state police agencies operate similarly to some extent and there is a small cut line between the two. The non-state police can be described to stop criminal activities while the state police respond to the crime (Reynolds, para 9).
Private police deliver services once set aside for the public police and the duties of policing are continuously being divided between public and non-state security providers especially among the gated communities (Shearing, p 67). There has been an increase in the criminal activities and this has caused the high demand for private policing since people are in search of extra safety than the state police can give (Wilson, Keogh, and Lincoln, p 291). There are many other factors causing the change in policing activities apart from the increase in criminal activities, for instance, financial, social and political aspects.
The public policing is becoming weak in dealing with crimes related to technological changes and this has caused the need for private policing among the gated communities. Changes in the economy such as the increase in the number of working women and the increasing rates of joblessness are creating new sources of crime (Stenning, p 160).  The environment to conduct criminal activities is increasing as the youths have excess freedom and inadequate incomes while parents leave the houses throughout the daytime for job, leaving the youths with a lot of freedom.
The emerging trend of privatizing state owned organizations has called for the need to hire private security that will cater for the corporate needs of the businesses. Technological advancement in the computer and communication sectors has enabled the police to detect crimes and this has called for the introduction of new policing techniques (Stenning, p 161).
Private policing has become a tool for the wealthy while the public policing an instrument for the underprivileged. This is because the less privileged cannot afford to pay for the services offered by the private police. This has led to unequal access of security by citizens across all the financial levels and the forces of supply and demand have taken control in the access to policing services (Stenning, p 162). Private police do not implement the laws of the state and they dont share the similar influence and authority as the public police (Robertson, para 6).
The private police should be trained according to the standards put by the law in order to perform their duties in a professional manner with a proper understanding of the needs of people they are serving. For example, the gated communities require special policing to deal with the problems they face in their daily activities. Training of private police is essential to ensure they use the power vested upon them properly and that they are prepared adequately enough to deal with any type of crime (Robertson, para 9). They ought to detect the signs of potential criminal activities in order to control the occurrence of any crime. Private policing can become risky if proper training is not provided to the security personnel.
In the recent past, the training of security personnel involved short courses. These short courses became irrelevant since the personnel never acquired the professional skills required to handle criminal activities. This led to great criticism due to improper use of authority in the unprofessional handling of security matters (Angus Reid Group Inc. p 21). After realizing the major problems facing the private police system, the Canadian government introduced laws to deal with the training issues of the security personnel. The main cause of the problems facing the police staff was lack of adequate training, poor managerial skills and lack of responsibility among the staff. Security matters now require more intellectual skills in order to combat specific types of crimes which originate from all professions (Angus Reid Group Inc, p. 22).
Several amendments should be made to ensure proper handling of criminal activities. Such changes include licensing all private police through testing criminal reports of the personnel. The license should be given to individuals who have undergone complete training. All private policing companies should obtain licenses and the Registrar should be given authority to delay or terminate licenses (Shearing and Screnning, p. 68).
The evolution of private policing among the gated communities in Canada can be traced back to the mid 1980s. As the evolution of private policing continued, there was an increase in the number of employees being absorbed as well as an increase in the activities of the non-state policing. In order to promote professionalism and improve the standards of the private policing sector, the stakeholders are initiating talks with the Ministry of Public Safety to attract support by the state. More people and businesses have resorted to use private police to secure their wealth and lives due to the great concern about robbery and violence in Canada. Private policing tends to focus on protecting the interest of personal and corporate organizations more than the public policing. The Canadian government hires private police to offer support in areas that are difficult for normal public police forces (Newburn, p. 834).
In the United States, private policing emerged from public policing. The growth of private policing companies was as a result of the high demand compared to the public policing and because they could be influenced more easily. Rich businessmen leased armed security men to guard their personal assets and this led to the growth of many private police firms. To date, private policing hires more employees than the public policing and the hiring of security men is anticipated to develop at a higher rate than the average growth of  other firms (Robertson, para 11).
Non-state police deal with private criminal activities and they work within the realm of protecting corporations as well as individual interests. Criminal activities can be explained as those activities which obstruct the achievement of the goals of the company, for example, profit making, wealth protection and improving the public icon. The private policing deals with such crimes which affect the corporations as well as individual businesses (Stenning, p 149),
There are many instances where the private police need to cooperate with the public police in the effort to combat some types of crimes. Despite the accelerating demand of private policing, there are limitations placed upon their operations by laws of the Canadian government. There are circumstances where there is requirement to call upon the public police and this indicates that private policing cannot operate autonomously (Angus Reid Group Inc. p 15),
Development of the private policing
To achieve effective policing strategies, we must adopt the most effective system that collaborates with all stakeholders in the society. People should remove the notion that the best policing rests under the control of public policing (Robertson, para 12). To control, minimize and even eliminate crime must involve the contribution of expertise and knowledge from all partners in the policing sector. The strategy to advocate for private policing does not imply that the role of public will be forgotten. This is a system to ensure that the experience and expertise in the policing department is shared among the government, organizations and the community.
    The main aim of developing private policing in Canada was to develop collaboration in preventing crime and to share knowledge and skills in crime prevention (Robertson, para 13).  However, irrespective of this rapid expansion, the private policing department is still not sure about its direction, capability and governmental restrictions to provide services for the betterment of policing at large. In Canada, the private security sector has contributed a lot to the development of private policing (Robertson, para 14). Over the past two decades, the private policing have grown tremendously in size and it currently supersedes the public policing by two to three times.
Discussion
The policing strategies in Canada have changed from the customary methods of reporting and scrutinizing crime. The approach being used in preventing crime is that of looking into the circumstances that support crime and launching methods of stopping the crime with or without the public police (Reynolds, para 12). Crime within the gated communities has advanced to a level where new approaches to crime are required in order to detect the crimes.
The private police perform its duties of managing or preventing crime either in collaboration or isolation from the public police. The private policing hires its own workers who may or may not have the capacity to perform policing duties beyond certain limits in the industry. Many organizations in Canada are hiring private police to avoid exposure and are progressively escaping from the public policing to manage, control or stop crime.
Government units are hiring private police to deal with crimes which traditionally were being handled by the public police. Government departments are hiring out private police to investigate first before using the public policing (Reynolds, para 13).
The gated community is collaborating with the private police to assist the public police in preventing crime. People are continuously getting involved in policing activities in order to reinforce the public police department in its efforts to provide security and protection of property. Recently, gated communities are setting up groups to prevent crimes and to work hand in hand with the state police in order to strengthen security (Peretz D.,  Doron G., p. 3).
In the earlier period, there was strong opposition in Canada to individuals who volunteered to offer policing services. The opposition was due to the argument that policing should be limited to those individuals who had received training and had been given mandate by the state to act as police. Nevertheless, the bottlenecks are gradually being removed and the private police together with the public are willing to partner with public police in crime prevention.
Conclusion
Private policing is rapidly growing in Canada in response to the increasing fear of crime and the great concern of protecting wealth and the need of private safety. Canadians no longer perceive policing as the liability of the state and they have started to advocate for private policing. The gated community has started to take initiatives in promoting security and launching their own police forces. The policing department has shifted to private firms and the gated community has acknowledged an increase in the number of private firms in policing.
 The government has also changed its attitude towards policing activities and it is hiring private firms to provide security services in some state departments. The private sector is providing quality services and is more cost efficient in providing its services. This has attracted great demand for private policing by individuals and state owned departments.
However, the activities of private policing must be well controlled to ensure that they are accountable and are professional in their activities. The private sector cannot be operated without some degree of control from the state in order to ensure that the laws are adhered to. Therefore, the private policing cannot entirely dominate the policing sector due to great concern of the government and the society in its efforts to protect the rich and the poor in the society.
The Canadian laws provide authority to organizations to train their personnel and also give a license to these companies. These laws are being amended due to the changing security patterns. The laws should be amended to accommodate all the changes taking place in the police sector. New responsibilities and regulations are required to be established in order to cater for the rapidly changing issues concerning the policing activities.
Adequate training is required to equip the police personnel with skills required to work in a professional manner. The training must keep the standards stipulated by the laws of the Canadian government. All private police personnel should acquire licenses as well as the security firms in order to maintain professionalism.

Defendants can appeal their convictions either on legal grounds or on constitutional grounds. Provide three examples of legal grounds and four examples of constitutional grounds. Explain each of your examples. Remember to document your sources within-text citations in proper APA format (APA, 2001)
According to me legal grounds for appeal are those which arise out of reasons depending upon the trial. They could also arise from defect in the judgment. Legal grounds could be non acceptance of valid evidence, jury misconduct, are ineffective assistance of Counsel and so on. I will explain 3 legal grounds in detail further.
 However constitutional grounds are those that arise out of constitutional guarantee. If any of the constitutional guarantees are violated by the conviction than the defendant can appeal to a higher court on constitutional grounds. In the U.S.A every person has a right to appeal his conviction at least once.
It has been declared in Cohens v. Virginia that when the federal government bring an action against an individual it so far waives its exemption from suit that legal and equitable set-offs may be presented by the defendant, and when a state brings suit in a state court against an individual and gets judgment, an appeal in such action may be taken by the defendant to the Supreme court on constitutional points.
            The three legal grounds that I will be explaining are ineffective assistance of  Council, improperly admitted evidence and juror misconduct. Ineffective   assistance of counsel is due to incompetency of the defense lawyer.
            He can show incompetency due to various reasons like not showing up on the date of trial or not examining an important witness or even giving wrong information to the client and hence misleading him. It can also be due to not giving essential advice which is necessary to advise the client.
            Juror misconduct is an effective ground for appeal. This category will include    third party contacts media influence court officer influence intoxication juror misstatements of law discussions of parole prejudgment improper jury discussions racism and national origin discrimination jury agreements juror experimentation and investigation use of extra-record evidence use of religious source material separation of jurors alternate jurors in jury room sleeping jurors and incompetent jurors.
This ground was recently used in Smith v. Phillip (1962).
  The four constitutional grounds I will be explaining are relating to double jeopardy, jurisdiction, failure to follow due process of law and prohibition against self-incrimination.
The concept of double jeopardy finds its roots in the legal maxim nemo debet vis vexari which means that no man should be twice in peril for the same offence. Hence it is understood that a man cannot be convicted for the same crime with the same evidence twice. This according to me is a sound principle of natural justice. Hence a person cannot be convicted for murder and manslaughter but he can be tried for robbery and murder at the same time if he has committed both the crimes.  This ground was used in United States v. Ursery, (1996).
Another valid ground would be arguing that the lower court did not posses jurisdiction in the particular case and hence an appeal against conviction would lie. The impeachment of Senator Blount was challenged on the grounds of jurisdiction.

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

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

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

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


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

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

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

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


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

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

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

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

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

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

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

 Roles of the Special Weapons And Tactics (S.W.A.T) Police Department
The Special Weapons And Tactics (S.W.A.T) team is one of the most elite teams in this citys police department. This arm of our law enforcement department is made up of five teams, and each team has a total of five members. In other words, there are twenty five officers who are equipped with the special tactics associated with this arm of the police department. Not only are these officers highly trained, but they are also equipped with some of the most sophisticated tools used to curb disorder in the society. 
This team has been trained to carry out some of the riskiest operations that are beyond the competence of regular police officers. One of the roles that they undertake is that of hostage rescue (OBrien, 2008). Criminals who take hostages are usually dangerous, given that they are barricaded within a structure. To rescue the hostages with minimal or no casualties to either the police officers or the civilians needs special tactics, and these are what S.W.A.T members are equipped with. Terrorists are a threat to the security of our country, a thing that the citys police department has taken seriously. The members of S.W.A.T team are therefore trained in counter-terrorism tactics (Medina, 2009).
There are some arrests that are regarded as high-risk, especially if the suspects are barricaded within a structure or are believed to be heavily armed. These arrests cannot be effectively conducted by the regular police officers. It is the members of S.W.A.T who conduct them, as they are trained to subdue dangerous criminals (OBrien, 2008). Nowadays, criminals-and especially those that operate within the urban areas-are heavily armed. This police department possesses the tactics used in accosting these criminals. Dignitaries are especially favored targets of these criminals. Assassins have been known to operate with sophisticated weaponry and techniques. A specially trained team is required to protect dignitaries against such criminals, and S.W.A.T team is such one arm of the law enforcement that is equipped with the tactics of carrying out this role. 
The major role of S.W.A.T team is to resolve high-risk security situations with minimal casualties (Medina, 2009). Loss of life, injuries to either the police or civilians and damage to property have to be kept to the minimum when resolving such situations. The S.W.A.T team has been trained and equipped with the tactics needed to carry this out.