U.S. Agencies Coordinating Haiti Rescue Efforts

The Haiti tragedy that left thousands of people dead and thousands more homeless has been well coordinated. Every department of the government United States of America has been deeply involved in the rescue efforts. The U.S President Barrack Obama in a statement to the members of the national security shortly after the earthquake struck was quick to assure the world that his government would lead in aggressive and coordinated rescue efforts.

As far as mitigation of the tragedy is concerned most analysts argue that better buildings would have worked in prevention of this particular tragedy. Analysts argue that the manner in which most of the buildings in this area were built contributed a great deal in the magnitude of the tragedy.

However as far as preparedness is concerned some analysts argue that Haiti was caught off guard by the striking of the tragedy and that they were not as prepared. Although one thing for sure is that one can never be prepared for a tragedy, measures must always be put in place to cope with such tragedies whenever they occur. The measures put in place in Haiti were not adequate and that was perhaps the reason why the tragedy was quite severe.

Despite the various efforts that the U.S have made in response to the Haiti tragedy there has been massive criticism over the manner in which the US government has handled the Haiti issue. The first thing that the US government did was to send military troops to the affected families so as to offer them protection. However there is a public outcry over the slow place in which food and other amenities were taken to Haiti. Critiques argue that the U.S government has not shown commitment in the rescue efforts in Haiti. There was a slow pace by the government of sending troops to Haiti and yet more than 250,000 thousands soldiers were sent by the same government during the attacks on Iraq and Baghdad. The government has therefore been accused of being indifferent and lacking care of human life.

The recovery efforts on the other hand were somewhat difficult as most of the bodies were trapped under the rubbles. However with the use of heavy and sophisticated machinery the U.S government has managed to excavate thousands of bodies that were trapped inside. However the rescue efforts are far from over as it is believed that there are many more bodies that are yet to be unearthed.
According to President Obama who issued a statement shortly after the tragedy occurred one of the priorities of his government was to locate all the Americans that were in Haiti by the time the tragedy occurred. This was going to be done in conjunction with the U.S. Embassy in Haiti.

Since the Haiti tragedy struck there has been mixed reactions regarding the manner in which the U.S. government has handled the issue. While some feel that the government has shown commitment most others feel that the government has handled the issue a little too casually. Reports indicate that the government has been reluctant on this particular issue since Haiti has never been considered as important to the United States.

Review Response

The issue as to whether American judicial system ought to go is no doubt one of the contentious issues with regard to the efficacy of the judicial system to deal with crime. As it has been presented by the writer of this work, Neubauer, (2008), holds the view that indeed crimes are normally defined subject to the respective state laws. This stems from the fact that the American judicial system is founded on the premise of allowing states to have absolute power. In this way, they are usually able to pass laws which promote welfare, public health as well as safety. It is note worthy that Americas criminal and justice is based on the two fundamental crime models.

    The due process model takes into account the need to prevent the conviction of innocent persons while at the same time ensuring for the protection of the rights of the defendant. As it has been put forward by Neubauer, (2008), this model has put limits on both the legal system and enforcement agencies under the auspice of protecting the rights of the accused. By so doing it seeks to ensure that it is proved beyond polices facts before the pretrial time to reduce the possibility of any errors the accused is convicted. The crime control model on the other hand seeks to pay significant attention on the rights of individuals within a given society in order to reduce crime in totality as presented by this writer. The primary objective of this model is usually to ensure that criminal face consequences of their actions.

    Against this backdrop, federalization of state crimes does not appear to be a feasible option in terms of dealing with crime. As it is argued by the writer, this system would in no doubt be inclined towards the crime control model which thus posses the danger associated with ignoring the due process model. In addition, implementation of this system would be extremely difficult due the fact that crimes usually occur in different regions yet federal statues are not uniform throughout the country. That this would reduce the efficacy of proving the due process is no doubt an issue worth considering.

Social groups and forcible rape

Forcible rape refers to sexual act whereby there is vaginal, anal or oral penetration without the consent of the person. It differs from other types of rapes in that the victim is assaulted using force if not threats of force with injury being a common experience to the victims (Kilpatrick et al, 2007). The prevalence of this crime is surprisingly high in America with about 18 million women having gone through forced rape in their life time (Kilpatrick et al, 2007). There are various factors that increase the risk of forcible rape, social groups being one of them. It is important to note that a social group is made of not less than two people interacting and identifying themselves as a discrete social unit (Sociology Guide, 2010). With a social group having a customary and predictable behavior, a group that is linked to behaviors likely to lead to rape can almost be predicted to have cases of forcible rape.

    Studies show that among the many forcible rapes that are reported, the victims have good knowledge about the perpetrators. This is in tandem with social groups where individuals know each other well out of several interactions. Cases of date rape (also known as acquaintance rape) are very common and considering that this relationship fits the definition of a social group, it can be counted as a risk factor for forcible rape. In a social group such as an acquaintance relationship, forcible rape is likely to occur without the acknowledgement that it is rape due to a common misconception that a person in such a relationship must always be willing to have sexual contact (Curtis, 1997). The risk of forcible rape involving dating individuals is very high since the victim is very close to the perpetrator and they may not anticipate such an experience to happen due to the much trust they have on them.

    Taking the family as a social group, it is well known that there are many cases of forcible rape in the family circle some involving very close family members such as natural parents. Statistics show that 27 percent of all rape crimes are perpetrated by family members compared to 14 percent of strangers (Encyclopedia of Medicine, 2006). In a family setting, it is possible to have children being raped by their parents or a more common rape scenario known as spousal rape. Again, lack of anticipated molestation in combination with closeness of individuals in a family may increase the risk if there is a rapist in the setting.

    It is often hard to avoid becoming a victim of forcible rape occurring in a social group. However, an individual should take several precautions. To avoid acquaintance rape, a person should be able to have a profile of their partners behaviors and tendencies and look for warning signs such as the partner being unable to handle sexual frustration, as well as certain body postures (Curtis, 1997). A person can then take the necessary actions such as keeping away from the person at such a time. Date rape can also be avoided by ensuring that dating takes place outdoors since rape is less likely to occur in public places. It is possible to protect children from being raped by family members and caretakers by separating them from these risky individuals. Important to adhere to is to try to learn as much as possible the members of any social group one is a member of and avoid those that carry a risk of being raped.

Criminology

Any person can fall victim to crime but there are some individuals traits that may play part to some becoming victims than others. From this argument, it is then clear that some crimes are not random occurrences (Dignan, 2005). Crimes can be random yes, but there are certain circumstances that can make someone become a crime victim. This is evident mostly in a situation where one person is preferred from a group of potential victims. The people who are always at a greater risk of being victims to sex crimes are females than men. Nevertheless, there is no adequate research to support the allegations that their personalities andor physical appearance contribute to this (Williams, 2005).  
There are hypothesis that suggest that both passive and aggressive personalities may fall victim to sex crime. Aggressive victims may be picked because they are considered bad women who deserve whatever is done to them. Passive victims may be selected as they tend to easily succumb to threats and may fail to stand up in their defense they are not capable of resisting and thus the perpetrators can easily gain control over them (Williams, 2005). These two characteristics offer potential criminals more control over the victims, ensuring compliance and secrecy (Dignan, 2005). It is also argued that some women who fall victims to sex crimes are those that were abused as children. It is presumed that the trauma they went through affect their instinct for self-preservation and hence their ability to avoid dangerous situations. It is also suggested that the victims dressing, behavior, the ability to resist and say no in a way that the perpetrator understands, and the physical attractiveness cause some people to be in more danger than others (Dignan, 2005). These arguments may be the reasons why a perpetrator will pick one child from a house with many, as his victim. However, due to the inadequacy of research, it is not known whether these are the precise reasons or whether there are others (Williams, 2005).

Police discretion

Discretion of police is a tool they use that provides them with the capacity and ability of applying the laws of the land to the latter as opposed to enforcing the latter to the law. There are some people who argue that latitude in making of decisions by the frontier staff is a major way of describing the human service institutes characteristics. Discretion mainly involves making the best and right decisions on the basis of the prevailing circumstances and the situation input the police officer is surrounded with. The regulations and the laws established under police discretion in the US do not put into consideration the nature of human beings thus giving some room for abuse of such discretion by some officers. However, police officers have over the years proved prudent in the application of the discretion powers given to them and hence discretion in the US should not be curtailed (Scott, 2010).

Police discretion
The discretion of the police is a very crucial component in the functions they carryout while on duty. On a daily basis, police are faced with decisions regarding arresting people, releasing them before taking them to court or police stations with simply a verbal warning or citation. The discretion of the police has a lot of power, and it is notable that despite the fact that there are a few incidences of abuse of this power, most officers rarely abuse it. In virtually all instances, power is accompanied by responsibility and the power of the police discretion is no different. In order for them to be in a good position of exercising the power of discretion, it is very important for the officers to have adequate knowledge of the law. The officers must be in a position of establishing whether the crime which has been committed by an individual is a felony or a misdemeanor, they can only know this through proper knowledge of the law elements which has been broken. The training of the police officers in the US, together with various upgrading programs enables them to acquire ample knowledge in the field of law and hence they are in a position of applying discretion in the right manner. Their discretion should therefore not be curtailed as it serves a very crucial purpose, instead their training should be upgraded in order to enable them apply it even more effectively in future (Urbonya, 2003).
Police officers have to know the significant case laws, like Miranda warning and Terry frisk and so forth. Making a choice of whether to give court summons or to arrest should remain at the discretion of the police. If officers were compelled to only arrest and never give court summons to crime suspects, then numerous unnecessary arrests that would be made by officers would be overwhelming thereby increasing not just their work but indeed the entire judicial system. It is very important for the police to be allowed to have some discretion and hence give them a chance of making reasonable decisions based on the prevailing circumstances (Moody  Musheno, 2000).

Police discretion is inevitable and every officer has to face it on a daily basis in the course of his or her duty. It is in fact one of the most essential tools they have that enables to carry out their duty with considerable effectiveness. Police discretion basically enables a police officer to make a reasonable decision that is objective on whether to arrest someone or not. Despite the fact that discretion is not well defined and thus gives a police officer the freedom of making a decision on whether or not to make an arrest, most police officers make good decisions when arresting a wrongdoer. By giving the officers the discretion of making verbal warning to individuals who have committed a petty offence for the first time, deters such a person from repeating such offences and thus prevents them from committing more serious crimes in the future (Moody  Musheno, 2000). 

In traffic violations where a driver fails to stop at when necessary such as when the red light appears, the officer should have the discretion of either arresting the driver or releasing him or her. It is possible for the driver to fail to stop because he or she has accidentally missed the red sign, or is not conversant with the road. If the police officer verifies such and does not detect any use of narcotics or alcohol by the driver, he can opt to release such a driver but only warn him or her. In this case, police discretion is applied effectively and without it, police officers might be compelled to make several unnecessary arrests. The discretion of the police should therefore not be curtailed as it will add no value to their work, in fact by curtailing it will make it even more ineffective (Scott, 2010). 

The discretion of the police mainly involves the making of decisions and choices by police officers in order to achieve their institutional goals. Police officers have the obligation of enforcing the laws of the land and hence ensure that neighborhoods are secure and safe. It would however be very difficult for the police officers to be in a position of carrying out their duties effectively and diligently without the discretion power. Denying police the use of discretion power would basically make them more of machines than human beings and therefore carry out their duties mechanically. Police discretion should therefore not be curtailed since it is more of a blessing than a curse, it should in fact be enhanced.

THE OCCURRENCE OF CRIME SOCIOLOGICAL AND BIOLOGICAL THEORIES

Crime is one of the most complex and critical issues that every society faces. For many years extensive research has been carried out to understand the exact nature of the circumstances that lead a person to commit crime. This research has lead to various theories that try and explain to some extent the occurrence of crime and helps to make one understand the mind set of a criminal. These theories have two major groups, crimes occurring due to the surrounding or sociological and the crimes occurring due to problems within the person or biological. These sociological and biological theories have long contributed to the understanding of crime and criminals, and their findings have been widely used in the field of criminology.

    This post focuses on a number of theories that tries to explain the individuals propensity to crime.  This paper discusses the sociological theories of crime, namely the strain theory, the social learning theory, the labeling theory, the social disorganization theory of crime, the situational theory of crime, the critical theories and the institutional anomie theory. The paper also briefly discusses biological theories including biological positivism.

      The sociological theories deal mostly with the effects of the surroundings or the society we live in. The strain theory explains the cause of crime in a society. According to this theory the root cause of crime in society is based on the strain that an individual or groups in society have that push them to commit crime. The strain placed on groups or individuals that commit crime prevents them from achieving their goals. The strain can be caused when something that is valuable or important to the group or the individual is taken away from them. Another cause of the strain could be because the group or individual are perceived negatively in society. The causes that may trigger the criminal behavior could be the desire to acquire money, higher status or respect. According to this theory, if an individual is hindered from achieving their goals, strain is placed on them and the only way that they can restore money, respect andor freedom is to use violent behavior, theft, drug dealing and any other means that they see fit to achieve their goals. Males in general are perceived to have a higher Ego and if they feel that they are not recognized by other members of the society they might be propelled towards crime, because the situation causes strain on them. (Crutchfield, Bridges  Weis 2000, pp 207-213).

    According to the strain theory, there is evidence that people of the lower classes commit crime because they are unable to earn money. Since money is considered so important in developed countries, the strain that they face in earning money or not, may incline them to commit crime.  Middle class people may turn to crime to maintain their living standards if they can not get enough money legally. Some studies have revealed that noxious negative stimuli can also cause crime. For example, studies have revealed that negative conditions and events can increase the likelihood of crimes such as child abuse, criminal victimization, physical punishments by parents, negative school relations, and poor relationships with the teachers, neighborhood problems and other life events that can cause strain on an individual. These problems that exert strain on the individual makes himher commit crime (Thornberry 2004, pp 7-10). The higher class people also commit or are involved in crime. These types for crimes occurring in positions of high respect and position are called white collar crimes, defined by Edwin Sutherland Edwin Sutherland as a crime committed by a person of respectability and high social status in the course of his occupation (1939). Sutherland was a proponent of Symbolic interactionism Symbolic Interactionism, and believed that criminal behavior was learned from interpersonal interaction with others. White-collar crime, therefore, overlaps with  Corporate crime corporate crime because the opportunity for Bribery bribery, Insider trading insider trading, Embezzlement embezzlement,  Computer crime computer crime, Identity theft identity theft, and Forgery forgery is more available to White-collar worker white-collar employees.

The social learning theory suggests that  juveniles learn behavior through association and exposure to others, and particularly, the family and other intimate groups have a large influence on what one learns. Ones association with miscreants is the best predictor of delinquency other than prior delinquency. One does not have to be in direct contact with miscreant groups in order to learn from them. One might learn to engage in violence through observing criminals via the television. This observation may lead one to admire criminals and then later, become one. Individuals can teach others to engage in crime through reinforcements and the punishments that they provide for such behavior. Crime is more likely to occur when it is infrequently punished, and receives frequent large amounts of reinforcements for example money and pleasure, and when it is more likely to be reinforced than other behaviors (Akers 2009, pp 60-75).The social learning theory postulates that some individuals live in environments that are more prone to reinforcement of crime or criminal activities. This reinforcement can be unintentional, for example parents with overly aggressive children at times unintentionally encourage and reinforce aggressive behavior outside the home. One example, a parent who might decide to buy a screaming child whatever it wants in shop, so doing the parent reinforces the behavior of the child instead of eradicating it and aggressive behavior then can develop in the child. (Crutchfield, Bridges  Weis 2000, pp 152).

    The labeling theory of crime lays emphasis on the official reaction to crime. Official efforts to control crime have the effect of increasing crimes for the individuals who are resisted, prosecuted, and punished and labeled as criminals. Other people view and treat these individuals as criminals. This increases the likelihood of subsequent crime as individuals who are labeled may have difficulty getting employed, which increases the level of strain they suffer reducing their conformity with the set rules and regulations. Labeled people might face rejection from society simply because they have been labeled as criminals. Labeled individuals may have trouble obtaining legitimate employment, which increases their level of strain and reduces their stake in conformity. This reduces the bond that they have with other members of society, which leads them to crime. Such individuals commit crime because they want to take revenge on a society that does not accept them and therefore they feel no remorse when committing a crime. The labeled individual may eventually accept the label as criminal and continue to commit crime.

Current research on this theory is looking at informal means of labeling and how that can contribute to crime. Informal labeling refers to labeling by teachers, parents and peers of an individual. Informal labeling is influenced by the individuals delinquent behavior and position in society. Powerless individuals are more prone to labeling. Informal labels can affect an individuals level of criminology by affecting their perceptions of how others view them. If they perceive that other people see them as delinquents and troublemakers then they are more likely to act in accordance with this perception and engage in delinquent behavior.
   
Labeling can either increase or reduce crime. Labeling increases the propensity to crime if no attempts are made to incorporate a criminal back into the society. However, labeling can reduce propensity to crime when offenders are made to feel guilty or ashamed for crimes that they have committed, but are eventually forgiven and accepted back into society, especially by the family and peer groups. Integration back into society may occur through acts such as words and gestures or forgiveness ceremonies to remove the label of criminal. This process is referred to as reintegrative shaming and is said to be more acceptable in certain settings than others. It is more likely acceptable in social settings where the individual is closely connected with friends, neighbors, family and others in society. It is also more common in humanitarian societies, which place great effort and trust on peoples mutual obligation to help each other.
   
The social disorganization theory of crime explains why some individuals are more susceptible to committing crime and why some groups have higher crime rates than other groups. This theory draws heavily on the central ideas in the theories of strain, social learning and ideas of control. This theory identifies the characteristics of communities displaying higher crime rates using the social control theory to explain why these characteristics contribute to crime. These factors apparently reduce the willingness of society members to exercise effective social control.

    Residents of high crime societies lack the required skills and resources to effectively assist each other. Most of the populations in such residential areas are poor and single parents and struggling with family obligations. These factors constrain them in socializing their children against crime or providing them with a stake in conformity, like the skills to do well in school or make connections that secure a good job. These residents are also less likely to have close neighborly ties and to care about their community. They do not own homes reducing their investment in the community. They are less likely to intervene in neighborhood affairs or monitor the behavior of neighborhood residents and so preventing crime. These residents are less likely to support community, educational, religious, and recreational organizations. This can be attributed to their limited resources and lower attachment to society, serving to further reduce control since these organizations exercise direct control and provide people with a stake in conformity and socialize them. These organizations help secure resources from the larger community for example, better schools and police protection. It therefore implies that if these communities do not form such groups, then they are more susceptible to crime.

    Social disorganization theorists and other criminologists state that the number of communities with characteristics conducive to crime especially the ones that have high concentrations of poor people have increased since the 1960s. These communities exist primarily in inner city areas in the western world and mainly comprise, minority groups due to the effects of discrimination.

     The situational theories of crime focus on factors that create a general willingness and predisposition to engage in crime locating such factors in the immediate and local environment. This category includes the rational choice perspective and the routine activities perspective, postulating that people disposed to crime generally commit more crime than these who are not.  However, the theories suggest that predisposed individuals are more likely to be engaged in crime in some situations than others and that crime is more likely in the situations where the benefits of crime are seen as high and the cost is low. In this aspect, this theory is more compatible with the social learning theory. The routine activities perspective was advanced by Lawrence Cohen and elaborated by Marcus Felon. This theory argues that crime is more likely when motivated offenders come together with attractive targets in the absence of capable guardians. The attractive targets may be valuable, accessible and easy to move. The role of capable guardians may be placed on the law enforcers but it is more common for ordinary people to play this role for example family members, neighbors and teachers. This theory states that the supply of suitable targets and the presence of suitable guardians is a function of every day routine activities like going to school and work.                

Cohen and Felon point to an example in the changes of peoples activities that led to people spending more time away from home. This change was reflected by women working more outside the home. According to the theory, criminals are more likely to be motivated to encounter such suitable targets in the absence of capable guardians. Homes are left unprotected during the day and at times in the evening when people go to public settings for entertainment. When the people go to the public setting they become prey to the offenders.    The rational choice perspective theory discusses the characteristics of situations that are more conducive to crime and tries to explain human decision making. According to this theory people chose to engage in crime because of its benefits. Prevention of crime is aimed at altering decision-making processes so as to increase the risk or effort involved in the act of the crime and decreases the rewards associated with it (Maguire, Morgan  Reiner, 2007, p 10)                        

The critical theories of crime tries to explain the group differences of crime rates in terms of the larger social environment, focusing on class difference as a cause of crime and on gender and societal differences. Some of the theories that fall under this category of sociological theories include the Marxist, the institutional anomie, and feminists theories.

The Marxist theories state that people who own factories, industries and other large businesses have more power and this group uses the power to its advantage and forms the capitalist society that passes laws that affect those who are poor. But they ignore the harmful actions of their businesses and industries such as pollution and unsafe working conditions. The capitalists aim to increase their profits but they resist any improvements in working conditions and attempt to hold down the salaries of the workers. The workers are then motivated to commit crime because they are unable to achieve their economic goals thorough legitimate channels. Marxists argue that crime is the result of the poor living conditions experienced by workers and the unemployed. Some of the Marxists draw on the control theory arguing that some workers have little stake in society and are alienated from the governmental and business institutions. This kind of rejection processes forces some of them to engage in crime.

The Institutional Anomie Theory tries to explain the high rate of crime in the United States, postulating that it results from the emphasis placed on American dream, which encourages everyone to strive for monetary success with little emphasis on the ways and means to get it. The emphasis on monetary success parallels the dominance of economic institutions in the United States. Some major institutions are subservient to economic functions. The non-economic functions such as teachers and parents are devalued and receive little support therefore they try and accommodate themselves to the demands of the economy. The economic norms have penetrated these institutions so that the school system lays emphasis on competition for rewards. Institutions like the family, government and the school therefore are less effective in socializing individuals against crime and sanction the deviant behaviors.

The Feminist Theory focuses on gender differences as a major source of crime. This theory addresses the reason why males are more involved in more forms of crime than women and the reasons why females engage in crime. Females are taught by society to be passive and focused to the needs of others. Females are more supervised than the males because fathers and husbands desire to protect their property from other males. This therefore explains the reasons why there are less female crimes (Heidensohn 2006, pp 211-220).       

According to this theory most of female crimes emanate from the fact that juvenile females are often sexually abused by family members. This kind of sexual abuse is based on the concept that males have more power than females. The abused females frequently run away but face difficulties surviving in the streets. They are labeled as delinquents which makes it impossible for them to obtain work. Those women are further abused by men on the streets. Consequently they resort to crimes like prostitution and petty theft to survive in the harsh streets (Cordella 1996, pp 319-340).The financial difficulties faced by single mothers can propel them into crime as a solution to those difficulties. Female crime has been argued to result from frustration over the constricted roles that are available to the females in the society.

Some  forms  of  biological  theories  were  also  proposed  to  make the  understanding of crime simpler. The theory of biological positivism has its roots in Charles Darwins theory of evolution. According to this theory, the causes of crime lie in the propensity of individual offenders who are biologically distinguishable from law-abiding citizens. Lombroso (1835-1909) is one of the researchers who pioneered biological theories of crime and there is a direct contention between his theory and the evolutional theory postulated by Darwin. Lombroso, who began his research after discovering an anomaly in a robbers skull, believed that some people were born predisposed to antisocial behavior, in other words that biological and genetic characteristics were related to crime. Lombroso then focused on the traits that could easily be observed (Hunter  Dantzker 2005, pp 46-52) and identified some physical characteristics such as big ears, fat lips and high cheek bones as those associated with criminal behavior, holding that criminals belonged to a past evolutionary form (Schmalleger Frank 2006, p 147). In his research Lombroso tried to first seek all the elements that correlate crime to attempt to make sense of them. Although he began with a biological theory of crime, Lombroso encountered some criminals that did not fit the set criteria. He soon included variables from other disciplines and came eventually to see his own theory as accounting for a small group of criminals. Lombrosos ideas have been disregarded by subsequent research but it is worth noting than even through most researchers disagree with his findings, Lombrosos research was important for the development of other theories about crime since it directed the relationship between genetics and criminal personality. Another biological theorist, William Sheldon (1898-1977), shared Lombrosos idea of a crime gene, the belief that criminals had certain genes, and developed a classification that related the human physique to crime, called somatotyping. According to his classification, there were three body styles the endomorphic (fat and soft), the ectomorphic (thin and fragile) and the mesomorphic (muscular and hard). Some of the research conducted at the time that this theory was developing supported the theory, but other research did not find a correlation. William Sheldon claimed that among samples of the research that he carried out on those involved in criminal activity, there were a large number of mesomorphs, some endomorphs, and a few isomorphs and that this pattern differed from that of the control group of normal civilians. Sheldons work has received criticism both on methodological and subjective grounds because he rated his subjects body type himself without the use of an external frame of reference. It is hard to evaluate empirical evidence in these circumstances. This theory has also been criticized on the basis that should the criminal justice system believe that delinquents tend to be of a particular appearance then decision-making within the system could be influenced. As a result this theory has been regarded with a lot of ambivalence. The concept that criminals can be selected from the public by just looking at their physical features is regarded as a superficial solution to the problem. It still remains unclear to most researchers whether there is a link between mesomorphy and crime. Modern researchers do however link body size and athleticism to overly violent behavior because large strong individuals have the capacity to use violence while inflicting less or no harm on their own bodies.

    Hans Eysenck, another researcher who supported the biological theory, claimed that there was an intersection between certain environmental conditions and features of the central nervous system. Eysenck believed that neurophysiologic aspects correlate with criminals. According to his theory, extroversion, neuroticism, and psychotics are included in the personality of the majority of criminals. This theory posits that extroverts may commit crimes in order to keep themselves stimulated as extroverts and need a great deal of stimulation, change, excitement, leading them to be impulsive thrill seeking individuals.

Other genetically oriented theories have been developed and try to explain the role that genes play in the making of a criminal. They try to explain violent crime in terms of an identifiable genetic characteristic that is the XYY syndrome. A human being has 46 chromosomes in pairs and these chromosomes act as the determinants of the sex of an individual. The XX pair is for females and the XY is for males. There exists a variety of possible chromosomal abnormalities and one of them is the presence of an extra Y chromosome in males. This particular genetic variation is usually linked with above average height and low intelligence. The suggestion was made that prisons have more than their fair share of these people and that these individuals have a severe inclination towards violent crime. The XYY defense was used in some criminal trials and suggestions were made that mass screening should be carried out to detect these individuals at an early age. A comprehensive Danish study that was carried out on 4000 Danish men in 1976, tested them and found less than 1 of them had this syndrome. The conclusions were that the over representation of XYY males in prisons and special hospitals was more likely to be as a result of other characteristics such as low intelligence and above average height and the social reactions that these characteristics may have produced ( Frank Schmalleger, 2006, pp.160).

    Another biological theory of crime that has emerged states that certain individuals suffer from a combination of symptoms which render them incapable of moral control because of the low levels of arousal the normal environment presents. They are constantly seeking stimulation from the environment, which is more to do with individuals that suffer from Attention Deficit Hyperactivity Disorder (ADHD). Brain dysfunction has been noted to account for impulsive and seemingly irrational crimes. Brain scans could be used to scan and identify disorder in young children who display behavioral problems. Treatment before they mature into adult can be helpful in preventing them from becoming antisocial. A brain tumor which could appear in late age, can also cause abnormal urges like pedophilia and homicide   (Frank Schmalleger, 2006,p.142-143  Crime Times, n.d.,  HYPERLINK httpwww.crimetimes.org03aw03ap5.htm www.crimetimes.org03aw03ap5.htm , accessed on 16th October 2009). The history of biological criminology has been a turbulent one. It is however possible to track the development of the biological criminology. The view that genetics and evolution play a role in the development of criminals has been ruled out because of the negative criticism it has received. The biological theories have ceased to be appreciated after the sociological theories emerged. There however exists a certain link between genetics and crime (Gottfredson  Hirschi 1990, p 84).

    The exact reason as to why crime occurs has a complex answer. The theories that were proposed till date to understand the occurrence of crime only help us to understand to a limited extent about the possible mindset and circumstances leading up to the final act of the crime. The theories discussed in this paper give an idea about the certain reasons for occurrence of crime. The actual occurrence of crime and the criminal mentality is a series of combinations of the factors mentioned above. Certain cases may be more influenced sociologically whereas some may be more influenced due to the biological factors. Each individual criminal or crime is as diverse as the crime in itself. These theories were suggested after in depth research and analysis. hey all certainly have they right point of view based upon deep studies and research, but we can clearly see that they arent fully supported by real life situations. How do we advance this statement By looking deeply at all the theories compared to modern life we will still find individuals who match the theories, but dont commit crime. Certainly to some context, where people live and grow up can influence their propensity to be inclined to commit crime, but we will find many people that will not. If we look into all the single theories, especially the sociological ones, we can see that many people in these context are inclined towards crime, but we can also add that those inclined, are the weak, that have poor personality and are insecure, and which have no base moralities. This leads them to be more influenced negatively and fall into criminality as a consequence.

     The brain of the human being is still considered a big mystery for scientists and morality, emotions and religious beliefs of people are subjects of much study and debate. However, the sociological explanations of crime seem entirely legitimate as opposed to the biological theories. The sociological theories unlike the biological theories go a long way in explaining almost all crimes. Although much criticism has been leveled against biological theories by modern and early researchers, the criticism has opened up the researchers way of developing alternative theories that better explain crimes and criminals.

More than adopting only biological or sociological theories, only the combination of all theories together with medical and scientific research will help to better explain and try to prevent the occurrence of crime. Scientific studies have an important role to play, as every day moves forward with new discoveries and new technologies to help the understanding of reasons why people commit crime.

Racial Profiling

The history of the United Stated is abound with stories of racism, from the annihilation of the American Indians, the enslavement of the blacks, formation of the Ku Klux Clan and Neo Nazis to prejudice against all other people of color or nation.  In our most recent history the tragedy of 911 was used to justify racial targeting against people of Arab origin.  But that, as they say, is history. We have after all elected our first African American President.  But has our fight against racism ended  I want to know about the effect of race or ethnicity on law enforcers in apprehending criminals, this is why I chose racial profiling as my topic.

I learned that a law enforcement agent does not only refer to members of the police, it also includes any person engaged in a policing activity whether for a public or private purpose.  This includes security guards at shopping malls, at airports and even recently airline pilots who have ordered passengers off the plane because their ethnicity aroused the pilots suspicions (American Civil Liberties Union, 2005).  This means that racial profiling permeates every aspect of our lives. 

Our law enforcement agencies were created to protect and serve not only those who they believe is of significant color, the whites, or race, but all citizens of our country.  In numerous examples I have read the contrary is being practiced.  I have learned from Randall Kennedy (1998) that racial profiling is not merely using race as the sole basis of apprehending a suspected criminal but also using race as a predictor or indicator of criminality.  This broader definition covers the racially influenced policing by law enforcers (Police Executive Research Forum, 2001). 

Racial profiling also includes discriminatory omissions (American Civil Liberties Union, 2005).  In discriminatory omissions, law enforcers fail to act against whites when they have been accused of committing a crime.  The proliferation of the Ku Klux Klan and their invisibility from criminal prosecution shows that in areas where the group operates law enforcer almost always turn a blind eye to the lynching.  The American Civil Liberties Union reported of an African American man in Maryland who was repeatedly harassed when he moved into a white community while the law enforcers were unresponsive to his reports and complaints.  But when he tried to defend himself from the mob outside his house, he was arrested for firing a warning shot in the air (American Civil Liberties Union, 2005).

I learned that not all instances of racial profiling involve racism some were just the influence of culture and media created stereotypes of a typical criminal on the subconscious of our law enforcers.  The proliferation of movies depicting African Americans and Latinos as gang members and trouble makers helped permeate racial profiling into the minds of the law enforcers.  

I believe that law enforcers may not necessarily be racists when they stopped and beat to death an African American driving a Jaguar in a predominantly white community for tapping his brakes (Godesky, 2005).   Driving While BlackIndianBrown or Asian is not a criminal activity but racial profiling by law enforcers has cost the lives of many innocent citizens.  Law enforcers stop and frisk drivers based not only of their skin color but also, for Indians living in reservations, on regional license plates (American Civil Liberties Union, 2005).    

    Another practice where racial profiling plays a major role is in Terry Stops or criminal suspicion encounters.  Terry stops have often resulted in the death of numerous civilians hailed and harassed by law enforcers.  How can a law enforcer determine whether a person is a criminal element just by looking at him  I believe that simply because a person looks different due to his color, eyes or even clothes, doesnt justify a law enforcers act of stopping and frisking him.  Stopping and frisking doesnt only occur on the roadside but also happens to pedestrians and even shoppers.  Who hasnt heard of cases where minority women were stopped by security guards from shopping malls, suspecting them of stealing, searched and humiliated only because of their ethnicity or clothes 

    I have noted that the State Attorney Generals Report of New York City Police Departments Stop and Frisk practices showed that racial profiling was rampant and pervasive.  Blacks comprised 25.6 of the population yet 50.6 of the stops were made against them.  Hispanics comprised 23.7 of the Citys population yet 33 of the stops were made against Hispanics.  The whites comprising the biggest portion of the population at 43.4 only accounted for 12.9 of the stops.  The blacks comprised 62.7 of the stops made by the NYPD Street Crimes Unit (SCU) (American Civil Liberties Union, 2005).      I wonder how many of those stops actually resulted in apprehension of the real criminals. 

I learned that Terry stops are also often defined by law enforcers with investigatory stops or investigative detentions.  Ive read that investigative detentions is literally briefly detaining someone for the purpose of conducting on-the-scene investigation of some suspected unlawful (although not necessarily criminal) behavior (Susswein, 2005).  Any seizure of any unlawful element from such stop would be excluded unless it is proved by the law enforcer that the seizure was reasonably related in scope to the initial reason for the stop (Terry vs Ohio, 1968).  A violation of the Fourth Amendment results in the failure of the law enforcer to satisfy the required quantum of proof.  The evidence seized from illegal searches and seizures are deemed excluded for being the fruit of the poisonous tree. 

    I believe that the practice of racial profiling is the most significant issue that law enforcers are facing today.  The results of racial profiling  includes the alienation of law abiding citizens, the invocation of the exclusionary rule,  civil suits against law enforcers and their departments, limitations on the authority of law enforcers to conduct investigations, the loss of public support and valuable sources of intelligence information and the advent of de-policing  (Susswein, 2005)

    When law abiding citizens in the community are alienated from the police, law enforcers are deprived of a mass base from which to gather support against criminal activity and information about criminal activities in the area.  This alienation can lead to bias against the law enforcers by minority citizens.  Expecting the law enforcer to be practising racial profiling, some of those who are stopped, either fight or flee from them.  This is risky for both the law enforcer and the civilian.  Fleeing is seen as a sign of guilt and the civilian is in danger of being killed.  

    Racial profiling can be raised to exclude physical evidence of incriminating statements.  The dismissal of the case or conviction based on plea bargaining tend to frustrate police officers who have worked hard to apprehend the factually guilty criminals.  Some police officers are now reluctant in doing their jobs and going after criminals because they dont want to be accused of racial profiling.  They grow timid and thus the advent of de-policing (Department of Criminal Justice, 2005).  Instead of apprehending criminals the police turn their heads the other way.  I dont know whether to be thankful that law enforcers are now timid because of their awareness of th impact of racial profiling or to lament that the police are using avoidance of racial profiling as an excuse not to apprehend criminals. 

I find the New Jersey Racial Profiling Policy encouraging when it stated that except when an officer is trying to determine whether an individual matches the physical description in a B.O.L.O. (Be On the Lookout), or is pursuing specific leads in an ongoing criminal investigation, a police officer in this State may not consider a persons race or ethnicity as a factor in deciding whether that person may be involved in criminal activity, or in deciding how to treat that person. Unless an officer is responding to a suspect-specific or investigation-specific B.O.L.O. situation, a persons race or ethnicity may play no part in the exercise of police discretion (Department of Criminal Justice, 2005).
I believe that Terry Stops are legal provided that indeed the law enforcer observed that another person is behaving in a criminally suspicious manner.  Before a law enforcer even decides to consider a person to be criminally suspect he must first also consider answering the question, if the suspect were white would he still find the behavior criminally suspicious  Criminals may only be prosecuted based on their unlawful acts and not on their skin, race or ethnicity.  A person may fit the stereotype of a criminal but stereotypes dont win convictions.

With the New Jersey Race Profiling Policy, I think law enforcers will be more effective.  Law enforcement agencies must rely on their profiling skills in apprehending suspected criminals.  When they do conduct investigatory stops or investigative detentions they do so based on information and circumstances that they have gathered.  Race or ethnicity can only be taken in consideration in instances where the Be on the Lookout (B.O.L.O) description specifically states the race or ethnicity of the suspect.  This will eliminate not only the harassment of law abiding citizens but also cut the unnecessary workload of the law enforcers.  They will no longer waste their time stopping and frisking every colored man or woman they suspect which will also give them more time in pursuing the real suspects based on specific information that they have gathered.

I hope to see in the future that Driving While BlackBrownIndianAsian will no longer be an issue.  I would also like to find out if indeed New Jerseys Racial Profiling Policy is effective.   Has racial profiling cases decreased in New Jersey  Are there other states with similar Racial Profiling Policy  I would like to do a comparison of racial profiling policies of other states and determine their effectiveness.  I also would like to determine which methods work better in applying racial profiling policies.