Criminal Justice

How is crime measured in the United States What are the strengths and weaknesses of each method

There are three ways or standards of measuring crime in the United States. They are (1) Uniform Crime Reports (UCR) (2) National Incident- Based Reporting System (NIBRS) (3) National Crime Victimization Survey (NCVS). (James, 2009)

According to the CRS Report for Congress (James, 2009) entitled How Crime in the United States is Measured, the Uniform Crime Reports (UCR) is established in 1929  to measure the effectiveness of local law enforcement to provide data that could be used to help fight crime. The data is gathered by the submission of different law enforcement agencies to the FBI in accordance to a particular template of reporting, terminology and other standardized procedure designated by the FBI. In 2005 it was reported that 98 of all the agencies or 17,456 submitted their UCR Reports to the FBI. This make UCR a top choice in different studies and reports from the media, academe or in the government agencies itself  (p. 2).

However, in the 1970s, consensus grew in the law enforcement community that the UCR needed to be updated to provide more in-depth data to meet the needs of law enforcement (p. 11) The main weakness of the UCR is its uniform template of crime reporting which is limited, too shallow and outdated crime categories. As a response, NIBRS data are intended to be a by-product of local incident-based reporting (IBR) systems. Therefore, local and state law enforcement agencies can develop their own IBR systems to suit their local needs, and they can use the data from their own IBR systems to participate in the NIBRS, as long as the data submitted to the FBI meets NIBRS specifications. State and local law enforcement agencies can add additional data elements or data values to their systems (p. 14).

Despite the improvements in the flexibility of reporting adopted in NIBRS, there is still a remaining weakness in both UCR and NIBRS system, it only reports reported crimes. Unreported crimes, commonly found in the domestics or within the residence or family is not regarded. In this respect, the National Crime Victimization Survey (NCVS) was born. The aim of the NCVS are as follow (1) developing detailed information about the victims and consequences of crime, (2) estimating the number and types of crimes not reported to police, (3) providing uniform measures of selected types of crimes, and (4) permitting comparisons over time and population types (e.g., urban, suburban, and rural). (p. 21)

The NCVS sample is selected using a stratified, multistage cluster sample.202 The sampling process starts by identifying approximately 2,000 primary sampling units (PSUs) that are composed of standard metropolitan statistical areas, a county, or a small group of contiguous counties.203 PSUs are stratified with respect to important demographic characteristics, such as geographic region, population density, population growth rate.A sample of households is chosen from each stratum in a manner that is proportionate to their representation in the larger population. When a household is selected for the sample, all eligible people in the household are interviewed. (p. 28)

As much as the UCR and NIBRS have their own limitations, the NCVS also has its limitations. Primarily, its method is statistical and involves sampling. Sampling and non-sampling error is inevitable which entails the possibility that the chosen sample population will not really reflect the general statistics for the whole population. Other weakness of NCVS lies in the interview itself wherein the interviewees are subject to biases ( i.e. uncompleted survey) and incomplete details for answering the surveys ( i.e. in the case of multiple or series victimization). Other problems or limitation of NCVS are (1) changes in household residence (2) limitation on the scope of crime covered (3) survey design and implementation (p. 33-37).

Identify and discuss the basic tenants of the social contract doctrine. Explain its relationship to the development of our system of government and criminological theory.

The Social Contract theory at least for Jean-Jacques Rousseau is a doctrine that states that the government authority is derived through the consensus of the people. This is a direct contrast of an earlier dominant view wherein the government or the king derived his power from God. (Brians et al., 1999)

This entails that every human is free. When this view is expounded in the Hobbes framework, what follows in this scenario is the state of nature. The state of nature is a hypothetical situation wherein there are no laws and governing body that controls or at least guide human behavior. Every individual will pursue its own interest even to the expense of harming, depriving or even killing other people. The social contract is a result of the people acknowledging that the civilization will only develop if they agree to submit some of their freedoms and rights to an artificial governing body that will protect their lives and interest in the expense of the submission of some of their rights and freedom. (Dontigney, 2008)

The consensus of the people to protect their lives in exchange of some of their rights and freedom lead to the creation of the armed or policing forces of the state (the Hobbes Leviathan) to protect their interests. This bears the tradition that the police and the military can use force to protect the population. Criminals are viewed as a breaker of the social contract theory with their pursuing the own self interest that harm other citizens or the system itself. A persons own self-interests are put at the forefront as to why people commit crime and how they should be punished (Pelovangu, 2010). For the social contract to continue, any violators of the doctrine should be put in jail or punishments.

One legal defense that is used in serious criminal cases is the insanity defense. Discuss the various standards used for this defense and state which one makes the most sense to you.

In the last 150 years, there at least three major changes in the standards used in ruling the insanity defense. The 1843 acquited case of Daniel MNaghten who tried to assassinate the Britains prime minister and killing the prime ministers secretary in the process had pushed the what so called M Nagthen Rule which dominates the court for about 100 years. The M Naghten Rule says
To establish a defense on the ground of insanity, it must clearly be proved that, at the time of the committing of the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing or if he did know it, that he did not know he was doing was wrong (Melton, 1997, p. 191).

The basis for the decision will later be expanded in the 1950 he Durham v. United States case. In the Durham case, the court ruled that an person was legally insane if he would not have committed the criminal act but for the existence of a mental disease or defect. (Martin, J. 1998)

Different criticism had arisen from this standard due to its leniency. The result is the Model Penal Code which can be regarded as a compromise to the two earlier systems. The MPC states that, if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law. (Montaldo)
The Modern Penal Code makes much more sense since the penal code test is much broader than the MNaghten Rule and the Irresistible Impulse test. It asks whether defendants have a substantial incapacity to appreciate the criminality of their conduct or to conform their conduct to the law rather than the absolute knowledge required by MNaghten and the absolute inability to control conduct required by the Irresistible Impulse test. (Pelps  Cengage 2003)

The Model Penal Code is an attempt to incorporate the different elements of the earlier standards. Its strength lies to the incorporation of the strengths of earlier standards while keeping at bay the weaknesses it has.

What role do victims of crime play in the criminal justice process and how has this changed over the years (5 points)

Today, victims of a crime role in the judicial process are characterized by being a passive spectator or at most a witness subject for questions.  Organizations such as the Prison Fellowship International argue against the position of the victims in todays world. In a paper of Wemmers (2008) for example, argue for a more active participation of witnesses in the judicial process through a historical analysis of the role of witness in earlier times.

According to Wemmers (2008), in the 11th century in common law countries, the victim is responsible for apprehension, charging, prosecution and even the punishment of the criminals or offenders which was then referred as private prosecution. This is even referred as the golden age of the criminal justice system due to the extensive role played by the victims in exercising justice.

However, in the rise of monarchical system of governance, the role of the victims in delivering justice was reduced dramatically with the idea that crimes committed are not primarily directed to the victim itself but rather seen as a threat to the entire social and public order.  In this era, the compensation or what is commonly referred as fines are paid not to the victim but rather to the state. This practice still exists today. (Wemmers, 2008)

However, today we can witness the revival of the role played by witness in the judicial process, the introduction of Victims Impact Statement. Introduced in California in 1974, VIS has since been introduced in several common-law countries including Australia, Canada, England and Wales. VIS offers victims an opportunity to express to the court how they were impacted by their victimization. The VIS is typically a written statement, although in some countries (e.g. Canada) victims can read their statement aloud in court. The VIS is presented to the court after a determination of guilt and before sentencing (Wemmers, 2008).

The VIS is regarded as a small starting move to bring back the role of the victims in the judicial process. Organizations such as the Prison Fellowship International which promotes Restorative Justice as an alternative to the mainstream judicial process is making its way for pushing for the more active role of victims in the judicial process. (PFI, 2009)

Assume you have been commissioned by the Governors Office in the state of Missouri to develop a plan to reduce violent crime in the state. Kansas City has one of the highest homicide rates around. You first have to lay out a comprehensive explanation as to the causes of violent crime. Write an essay explaining the theoretical perspective that best explains this type of crime. Place your selected theory in context with regard to schools of criminology, the theorys basic concepts, proponents, and its implications for the public policies that you might be recommending based on this theory. (20 points)

The first thing to do in determining necessary actions in this kind of situation is to assess and determine the reality of the situation itself. Focusing on a particular crime like homicide, we should answer specific questions about the particulars of the crime. This will help us in assessing the necessary actions that we must take and for us to know how urgent the situation is.

In this respect, the statistics from the UCR or NIBRS (if available) will greatly help our assessments and recommendations. Additionally, reports and statistics from the NCVS will also add to the details and facts that will be used in the assessment. Some of the questions that are vital in the goal of reducing homicide in the state are the ff (1) What is the age group of the victims (2) Where do the crime takes place, at home, at the workplace or on the streets (3) Are there any criminal groups involved in the majority of the crimes or each scenario has its unique actors

Suppose your findings shows that homicide in the said city is due to the theft and robbery in the streets wherein students and young adults are the common victim by the particular crime syndicate in the city.

Seeing it in the theoretical framework, the classical school of criminology views people as hedonistic and will only be discouraged to commit crime if he or she is facing a much stronger deterrence compare to the urge that he feels. When this theory is used in assessing and solving the crime problem of the city, the government should dispose additional counter-measures in the hotspots of the crimes. Placing checkpoints, uniformed and civilian police officers and educating the citizen for a basic self defense can act as a strong deterrence for the offenders.

However, actions stated above also have their limitation. Though it can really provide protection for many citizens and can be relied to reduce the crime in the city, it still has its loopholes and limitation. First, the root of the crime (in this case, the crime syndicate) is not really neutralized. It can easily relocate its forces and operation to other cities or other parts of the city which have weaker security and protection. Also, the moment the security and guarding of the city weakens, the operation of the syndicate can easily go back to its former operation on the city.

As quick solutions such as the strengthening of the police force can be quite effective, we must not also deny that there is a need for a slowly effecting long term approaches to the problem. As stated, the main problem is the crime syndicate that operates within the city. If it can be proved that the syndicate arose from bigger problems such as unemployment and poverty, there will be now an urgency to address these problems. Livelihood projects and wealth distribution reforms can help to remedy the situation slowly. While it is undeniable that there is a need for quick solutions just like mentioned above, we must not also disregard the bigger problem that is really the root of growth in the crime rate in the city.

History and role of Law enforcers in the society

In the United States the main role of the police was to enforce the law, as well as to enforce the political powers, check and controlled the number of aliens as well as protecting properties. The growth of necessities in the civil government brought about the growth. As the valuable properties and subsequent inequality amongst the citizens increased, people continued to divide into two main groups-the rich and the poor.  The rich were at no peace as the poor continued to seek for equality and satisfy their envy.  The law enforcement body was thus developed to quench the need to safeguard the rich from the poor and to secure their property.

Levels of Jurisdiction
The jurisdictions are based on the geographical location for example division, a country within a country or involving many countries. Every level has a level in which it operates. For example across many countries, the jurisdiction hardly deals with direct law enforcement, rather it participate in activities related to law enforcement. The international level of Jurisdiction sorts out issues related to forum shopping.

The supranational level of jurisdiction involves various convention obligations and treaties in order to acquire litigants rights and judgment and there after to enforce the judgment (Mark, 2004, p. 24-30).
National level of jurisdiction is practiced in large nations which require subunits. The legislature and executives defines the subunits to involve the court system in exercising the jurisdiction
State level of jurisdiction is practiced within different states, with the states government determining and allocating the jurisdiction.

Multiple functions of modern law enforcement agencies
Law enforcement agencies operate every hour of the day year-round. The agency maintains order by ensuring that every citizen is at peace. This is achieved by curbing behaviors which limit peaceful living, for example a barking dog.

The agencies use their power to ensure that the states Laws are adhered to. This is achieved by identifying both the law violators and the suspects. (Bernard, 2007, p. 89).

The agencies are committed to rendering services to all citizens. The services include giving guiding information to various people in need such as directions to the tourists, and education to drug users, as well as first aid to victims of crime and accidents.

Apart from responding to trouble, the agencies also help in sorting out inconveniences. For example they refer citizens to other agencies, participate in finding lost properties

Historical events that has shaped modern policing practices
Many events have occurred that have shaped modern policing practices. Among these events include the policing protest events, and many fight to curb trafficking. The ethical decisions, together with professionalisms, sum up to law enforcement. (Cole and Smith, 2004, p. 45).Focused citizens also play a role in shaping modern policing practices as they serve as role models.
Scenario responses.

Question 1
 If I found an intoxicated driver as a neighbor I would handle him her as a law breaker. With this I will have contributed to law enforcement and I will have rendered my service without bias. Historically, the agency wound use physical force together with the power, but today professionalism and ethical decisions are used to ensure that the law is enforced

Question 2
In any case of robbery, it is ethical to investigate the robbery irrespective of who the robber is. One being known as a drug dealer and the other being colleague does not mean the drug dealer is guilty and the officer innocent. This needs to be proved since a drug dealer can be innocent and vice versa.

Question 3
The international level of jurisdiction is responsible. It is good to get to the site of the bank in company of the citizen. This will ensure that the citizen is accountable for the statement he or she made. Incase it is a lie, the citizen should be punished.

Question 4
As a law enforcement agency, it is my duty to ensure everybody is at peace. In this case I would identify the individual threatening to commit suicide and investigate on how true the accusation is. If true, then he or she will have violated the law by disturbing others and threats to commit suicide.

Question 5
Being winter the individuals could not be law violators so I would ensure a close surveillance.

Question 6
The law should be bound by any citizen irrespective of his or her work. Law enforcers also need to bind to the states law. In this case, I would not take my colleagues side as this would mean violating the states law as well as professional ethics.

Summary Reaction
Policing profession encounters evolving threats. To ensure that the mission of the profession is achieved ethical decisions should be incorporated with code of conduct. Without the ethical ties we can end up with bias in policing profession

It is important to always maintain ethical and professional behavior as the drive force in order to render quality service to the society. With the ethical and professional behavior the norms can be eliminated from the society, either directly or indirectly. To ensure the law enforcement agencies are effective in their work, their training should be carried out in a way that will equip them with the standard values, mission statement and code of conduct.

Social Problems A UK case Study

Social problems have been prevalent in peoples lives for as long as humanity has existed. In recent times, these problems have continued to choke the world and the fight to bring back sanity has continued relentlessly. Social problems have been brought about by many factors among them intense greed, poverty, jealousy, anger, fear, pride and revenge among others. Some of these social problems include crime and drug abuse.

1. Crime
Overview
The United Kingdom ranks highly in the world in issues that relate to criminal activities. A lot of violent crime has been reported all over Europe. These rankings are considered the highest ever in the world. With time, violent crimes that involve murders, sexual offences, robberies and assaults have increased. This has made the United Kingdoms security appear wanting. When compared to countries like Australia, America, South Africa and even Canada, Europe still topped the chats. The blame has been laid squarely on the government for its apparent failure in fighting crime as it happens. A research carried out in 2007 showed that the United Kingdom registered the highest number of murders. Robbery crimes ranked it fifth in Europe. Burglaries have also found a home in the United Kingdom and they also recorded a high number. Statistics show that 10 crimes happen in every one minute this is up to 5.4 million crimes which were reported to the authorities in 2007. This great failure has been attributed to the recycling of strategies to fight crime that have failed in the past. This has necessitated a change of plan which has been long overdue (Edwards, 2009).

Factors that have led to increased crime

Alcohol abuse
Many people in the United Kingdom have a record of drinking alcohol on a 24 hour basis. This has been established to be the major cause of crime. People have been murdered or even maimed in street fights whose perpetrators have been known to be drunkards. Drunken driving is also a vice that has claimed many lives through fatal accidents that involve crashes and hit and run situations. Hospitals in the United Kingdom have recorded high numbers of casualties who have been brought in as a result of being assaulted in brawls. Some of them have been bitten, hit, scratched or even kicked thus necessitating medical attention. (Edwards, 2009).

Fake Identity Cards
Many crime perpetrators in the United Kingdom have often used fake identifications in a bid to cover up for the crimes they commit. These crimes include alcohol abuse which is common among the youth. They use fake IDs to prove that they are over 18 years. Criminals have also used other people identity cards to conceal their own as they go about their vices. (Home Office, 2009).

Material gain
Many people in the United Kingdom will engage in crime in an effort to become rich. They do not see themselves leading a better life unless they get involved in robberies and burglaries. Other crimes which they will find themselves in include auto and white collar thefts. These people will take their time to plan these crimes and hit when least expected. The ugly thing about crime is that one successful crime calls for another and this becomes a habit. (Home Office, 2009).

Desire for power
Some people are obsessed with this strong desire of being in control and thus commit crimes to gain it. These people seek to suppress their victims and that is why they result to killing, raping and assaulting among others. By doing so, they feel on top of their game though not for long. Many of these crimes happen in a rage and are thus not planned. The perpetrators thus lead a life of guilt and regret after the harm has already been done (Home Office, 2009).
Initiatives towards crime reduction

Alcohol abuse
Most young people are known to be irresponsible drinkers and the United Kingdom government has embarked on putting a stop to this vice. With many crimes being known to result from alcohol abuse, young people as well as adults have been advised to drink responsibly. Strong measures that curb the drinking by young people in public places have been put into place. Measures to ensure that young people do not possess alcohol in public places have also been effected. A tiered law that curbs the same in three phases has been introduced in the Policing and Crime Act of 2009, Section 30. It states that people under the age of 18 must not be caught with alcohol repeatedly. The defaulter faces a fine of up to 500 UK pounds (Home Office, 2010).

Vigilance
The United Kingdom government has put down measures to ensure that all its citizens are well equipped when it comes to crime. It ensures that its people are trained on how to handle this antisocial behaviour. The government is working hard to ensure that people have tools to use against this vice. It is also sensitizing the people on how to prevent crimes from being perpetrated. Offenders that are known to the residents of a place have been handed over to the authorities. Most of these offenders are known jailbirds who are arrested every now and then. This measure has been activated in areas that are prone to crime activities and this has led to a decline in the vices (Home Office, 2010).

Advisors for the sexually abused
Many crimes in the United Kingdom revolve around abuse and sexual violence. To curb this crime, the government has put up advisors in the regions whose work involves counselling the sexually abused and urging them to report this vice once it happens. The advisory body is independent and is funded by the government to ensure that the victims are supported fully (Home Office, 2010).

Tough laws on use of fake IDs
The United Kingdoms government has passed strict laws on the instance where people use others ID cards. The punishment for the defaulters is confiscation of the ID as well as prosecution according to the law in the Fraud Act of 2006, section 2. This is geared at reducing the numbers of underage drinkers and other criminals (Home Office, 2010).

2. Drug Abuse
Drug abuse is the use of drugs for a non therapeutic effect. It also involves the use of illegitimate drugs as well as those that are prescribed but for other purposes that are not medical. (Health Scope, 2010).
Drug abuse in the United Kingdom is prevalent with statistics showing that up to a third of its population have abused drugs. This translates to about 11 million people. The rest who are up to 4 million have admitted to having used the drugs in the previous year. The most abused drugs include alcohol, cocaine and heroin. Cocaine, popularly known as coke is however widely in use by many people who cite its easy availability. Drug misuse has its roots in the United Kingdom which is rated first in Europe. However, drug use has gone low over the years and there have been no increase in the figure of those abusing them. The ages between which people have attested to drug use are between 16 and 59 (BBC News, 2005).

Drugs are classified in four main groups. These include
Depressants
Depressants are used to cause the nervous system to slow down. Examples of depressants include tranquillizers, alcohol and barbiturates. These drugs are also used as sedatives or sleeping pills in the normal setting by medical practitioners. Excessive partaking of these drugs leads to their abuse. These drugs are mainly used by anxious people to calm them down. The effects of overuse of these drugs include addiction which could lead to death and unconsciousness. Withdrawal from these drugs may cause insomnia, restlessness, convulsions, anxiety and eventual death (Cyswllt Contact, 2010).

Stimulants
These are drugs that are taken by people to increase physical activity and alertness. They stimulate the nervous system. They include Cocaine, amphetamines, inhalants, crack as well as caffeine found in soft drinks, coffee and tea. These drugs are mainly in the powder, capsule or pill form and they make the user have dilated blood vessels, high adrenaline levels and affect the body and brains normal performances. This results into speedy thinking which is characterized by clarity as well as high physical energy. Caffeine on the other hand will keep a person awake. Many people abuse it unconsciously as soft drinks such as tea and coffee often appear harmless. Caffeine abuse leads to headaches and anxiety and hinders one from falling asleep easily (Cyswllt Contact, 2010).

Hallucinogens
These are also referred to as psychedelics and their main effect in the body is perception. They alter peoples response to smell, sight, touch and sound among others. They affect a persons self awareness and how they think. These drugs include ecstasy, psilocybin, MDA and LSD. They are available in tablet form, capsule or liquid. People taking these drugs will feel relaxed and distance and colour will appear distorted to their eyes. Extreme use of these drugs will lead to anxiety, fear and psychosis (Cyswllt Contact, 2010).

Analgesics
These are substances that are used by people to reduce pain. These include paracetamol and aspirin. There are other painkillers that are more powerful such as opium, heroin, morphine and codeine which come in the form of liquids, powders and tablets. Abuse of these drugs leads to eventual death with methadone been blamed for many deaths in the United Kingdom. Administration of many of these drugs involves injections of the powder and this leads to blocked veins which may result into stroke and gangrene. Though these drugs give the user relaxation, negative effects like vomiting, restlessness and nausea may be experienced as well (Cyswllt Contact, 2010).

Why do people abuse drugs
Peer pressure is the leading reason as to why young people abuse drugs. They have a great urge to conform to what their friends are doing in an effort to fit into a certain social group. Other people seek healing from lifes issues such as stress, depression and ailments and thus result to self medicating. They feel that they are treating their condition. Escape is another reason as to why people abuse drugs. They do so to run away from the problems that are engulfing their lives. Other drug abusers do so just for pleasure. They enjoy the good feeling that comes with these drugs. They give them an effect of ecstasy and this takes them to a world of pleasure where nothing matters. Drugs will be used by others in an effort to boost their confidence in cases of anxiety and low esteem. Drugs are very addictive especially when their consumption becomes habitual. Many people will consume them in order to conquer the withdrawal symptoms they will be experiencing every time they do not consume these drugs. Drugs heighten peoples  energy levels and they will thus continue their use to feel more energetic and up to the tasks they maybe performing. Children who grow up in homes where their parents are constant drug abusers can inherit the vice. Uncontrolled medication for any ailment may also build a firm base for drug abuse as people will learn to result into drugs for any ill feeling (Zurko, 2010).

Effects of drug abuse
All these drugs have common effects on their users. These effects include lack of self control leading to crimes such as rape, murder and assault. Many crimes in the United Kingdom are related to drug abuse. Impaired judgment due to problems in the bodys normal functions leads people to commit crimes and even cause accidents. Emotional breakdown is another effect of drug abuse whereby its users become overwhelmed at a point and succumb to this effect. Hyperactivity or lack of it characterizes drug abuse with those who consume drugs becoming hyperactive. This condition at times occurs in the negative and results to a state of low morale of the individual. Vital organs in the body such as the brain, the heart, liver and pancreas are damaged due to constant drug abuse. This slows down the individual and makes them unproductive since they would become bedridden. Over reliance on these drugs results in addiction which takes time to get out of the system thus causing the body more harm. The final effect of drug abuse is death. This results from the various health conditions that a drug addict will suffer from continuous drug abuse. Prevention is better than cure and everyone should take a personal responsibility of curbing drug abuse (Helpguide, 2010).

A Critique of an Article on Public Attitude Towards White Collar Crime

The article addresses the issue of white collar crime and the attitudes towards the punishment of white collar offenders in comparison to ordinary or street crime offenders in the United States of America. White-collar crimes date back to the  robber barons  of the late 19th century when greed became the primary motivator of these individuals in robbing the public through  legal  means.  The term of  white-collar crime  was coined in the 1930s and is characterized by crimes committed by respectable people in society and status in the line of their profession. The article shows how the public has been duped into seeing as victorious the parades of corporate executives going to jail for decades while the institutions they left behind are not changed to prohibit such crimes from recurring. The article criticizes the conspiracy by the government and others in powerful positions to parade a few executives and have them sent to jail for long periods of time while failing to close the gaps that provide people in such opportunities to commit white collar crimes such as embezzlement.

Discussion
The authors initially look at how public attitude towards white collar crime has changed over the years to become what it is today where Americans have a significantly harsher attitude towards white collar crimes. The article states that the American public was largely  inattentive to the problem of crime in the upperworld  where it can be inferred that they appear to be  harmless  as compared to those committed by underworld characters (Cullen, Hartman, Jonson, 2008, p. 32).  However, incidents such as the Watergate scandal, Vietnam War and the civil rights movement led to a rise in concern about white collar crime. The article shows how public willingness to punish white collar crime has increased with increased awareness of its existence. This article talks about how the invention of the opinion poll in the 1930 s led to a scientific and accurate way to examine public opinion. It shows how national polls have in recent years showed that about 70 of respondents have requested tougher punishments for white collar criminals. It talks about how such polls have even been cited in U.S. Supreme Court judgments in death penalty cases to show how the public  supports a get tough approach to crime (Cullen, Hartman, Jonson, 2008, pp. 31, 33).

Furthermore, this article looks at how opinion polls such as Newsweek poll have over the years focused on ordinary crime by mostly asking questions that relate to street crimes. They have done this by asking questions such as do you feel safe when you walk on the streets at night He thus justifies his article by stating that research on white collar crime has been sparse in comparison to opinion polls on attitudes towards violent or other forms of crime that are ordinarily committed by the poor and minority groups. This article talks about three periods in relation to awareness and attitudes towards white collar crime. The fist is before the year 1970, the second period is from year 1970 to year 2000 and the third period is from year 2000 to the present as evidenced by the scandals that  rocked such big businesses such as Enron and WorldCom.. The article states that awareness has increased gradually over the years and currently over 70 of Americans support imprisonment for white collar criminals (Cullen, Hartman, Jonson, 2008, pp. 35-37).

The article criticizes how many white collar crimes are done with impunity since the law is not strict enough to specifically outlaw their activities. Politicians and the government are unwilling to specifically outlaw some of these crimes which are not yet outlawed in sufficient detail. Apart from using evidence from opinion polls this article also uses credible sources such as E.A. Ross Sin and Society. Ross warned against the white collar  criminaloids  and said that the  United states was experiencing a cultural lag in that its laws and public sentiments were not consistent with the new threats posed by advancing industrial capitalism.  Ross was warning about a lagging public attitude towards white collar crime and its punishment (Cullen, Hartman, Jonson, 2008, pp. 34, 41). A similar argument is shown in this article in White Collar Crime by Edwin Sutherland. This article analyses various opinion polls on public attitudes and shows the change until people doing white collar crimes were considered as equal to ordinary criminals such as a burglar or mugger (Cullen, Hartman, Jonson, 2008, pp. 34-35). This article cites relevant material and establishes a consensus that the problem being investigated is relevant and important. The article calls for further research on the issue of attitudes towards white collar crime and relevant laws. The author concludes that the structures that enable corruption, embezzlement and other forms of while collar crime be reviewed and altered.

Measures and Data Collection

What type of data did the authors collect (self-report, official data, etc.)
The authors of the study used both self-report and official data. Self-report data came from the police officers discretion regarding incidents of simple domestic assaults where both suspect and victim are present. Also, interviews on the victims after the police intervention fall under the self-report type of data. The official data were used to compare the outcomes of the experiment from the self-report data.
How did they collect it (surveys, case review, etc.)

The data were collected through forms given to police officers when they encounter a situation which falls into the requirement of the study. They were to take actions indicated by the report form. Then, they were to compose a brief report that will be submitted to a research staff. Follow-up interviews were also conducted on victims after the police intervention.

What types of measures were used (e.g., nominal, interval, etc.) to measure the independent and dependent variables

To measure the results from the officers reports, a multinomial logit formulation (nominal measure) was used. Variables from the police data sheet regarding the victims and suspects characteristics were grouped through getting their mean. With regards to the interviews, a binary logit equation was done for the dichotomous outcome. Regression analysis was also implemented on the study. The independent variable in the study is the type of deterrent measure  arrest, order (categorical  these are dummy variables). The dependent variable is the response to domestic assault.

Name three additional measures (just the name of the measure) did the authors include Why were each of these measures included

Three other measures were included by the authors in their study. These three analyses performed were 1) using a linear probability model 2) using a logit formulation and 3) using a proportional hazard approach. The said analyses were performed to measure the two outcome measures 1) a police-recorded failure of the offender to survive the six-month follow-up period and 2) the interview with the victims. These two outcomes were formulated in two opposite ways 1) as a dummy variable (categorical) and 2) the amount of time elapsed from the treatment to either a failure or the end of the follow-up period.

In sum, what were the results of this study Based on these results, how would you assess the research question and hypotheses posed by the authors
The results showed that the prescribed action by police officers regarding simple domestic assaults was 80 percent of the time implemented. Also, the deviance amplification model of labeling theory beyond initial labeling was falsified. On the other hand, the study falsified the specific deterrence prediction for a group of offenders with a high percentage of prior histories of both domestic violence and other kinds of crime.

What are the strengths and weaknesses of the measures used by the authors
One of the weaknesses on the measures used was that they have uncertain construct validity. The official measure in fact neglected a large number of recur incidents, since a number of them were not reported. On the contrary, internal validity of the study is sound unless there is differential undercounting by the experimental treatments. The strength of the study lies in its theoretical cohesiveness and methodological design. Note that the research design is based on theory  the design follows theory. In short, reliability is ensured as far as deign is concerned.

How should research in this area be improved (strengthened) in the future
To improve this research in the future, all of the involved persons in the study must be dedicated on their goals. For example, police officers should be properly oriented on their roles on the study since half of the data needed in the research involves them.

When Judges and Jurors Nap

When judges and jurors are found napping during a criminal trial proceeding, it is a violation of the defendants rights.  The key player in the adversarial process has traditionally been the jury.  Judges play a more active role in the conduction of the trial.   In 1987, in the case of Tanner versus the United States, he was suing because his attorney received information from Daniel Hardy, a juror, that seven of his fellow jurors drank alcohol during lunch breaks, some smoked marijuana, another took drug paraphernalia into the courthouse, and one fell asleep during his trial (Helper, 1).  In Tanners trial, he was convicted on several counts of mail fraud.  If the majority of the jurors were under the influence of alcohol or a drug substance, or even asleep, they could not have been 100 percent focused on the trial at hand.  The District Court denied a motion for a new trial. Supreme Court Justice OConnor argued that Although ingestion of alcoholdrugs etc is wrong, it is no more than an outside influence such as a virus, poorly prepared food, or lack of sleep.

However, in April 2009, two jurors were replaced at a fraud trial for falling asleep.  One was caught falling asleep during opening statements, which tells everyone the whole reason that they are in court.  The other was caught sleeping twice.  The trial involved Evergreen Holmes, a financial firm.  The former bookkeeper and sales manager were involved in defrauding homeowners and investors out of hundreds of thousands of dollars.  Owner and president, David Willan, was convicted of 86 felonies in December 2009.

These cases discussed dealt with white-collar crimes.  The life of the defendant was in the hands of the jury.  A juror cannot know all of the details of a case if he is sleeping.  In the Tanner case, it was never discussed if the jurors allegations about his fellow jurors were true. They didnt test their blood alcohol levels or perform drug tests. In the second case, two jurors were actually caught sleeping.  If one cannot stay alert and awake through a very important trial, then he should be dismissed.

Civil Liberties and the Rights of Convicted Offenders

This paper discusses in brief the salient points about civil liberties in relation to the rights of convicted criminal offenders.  Much has been said about civil liberties as being one of the most valued provisions in the US Constitution.  In fact, while the rest of the charter may be unknown to many Americans, the Bill of Rights, which contains all the articles regarding civil liberties, has been memorized almost by heart.  Oftentimes, controversies have hounded law enforcers and the criminal justice system itself because of malpractices that led to violations on the civil liberties of the people, including those suspected perpetuators of crimes as well as those already convicted.  It is the aim of this short essay to restate the basic principles regarding civil liberties and the limitations and privileges that convicted offenders may enjoy under it.  This paper is a contribution to the discussions and debates surrounding the rights that may be enjoyed by convicts.

Civil liberties are essentially the freedoms and rights that citizens benefit under a democratic government or a non-authoritarian state.  These protect the people from any abuse of power by the government or from any unjust restrictions enforced by the state.  Because these are rights that people can assert against an abusive regime, these must always be struggled for before these can be respected by those in power.  Civil liberties in the US are not by-products of a benevolent government.  One of the main reasons that spurred the American Revolution was Britains undemocratic rule and its tyrannical practices on Americans.  Provisions on civil liberties were among the first to be established in the Constitution through amendments, the Bill of Rights. (Rutland)   Since then, civil liberties have been guaranteed by the US Constitution.  The changes that were introduced later, as what the Fourteenth Amendment did in 1868 only meant to strengthen these further.  These include freedom of religion, the well-regulated militias right to bear arms, the freedom of expression, the right to be free from cruel and unusual punishment, and the right to a fair and speedy trial for those suspected of committing crimes.

Civil liberties are a combination of man-made and common laws. Many of these started out as man-made though.  The rights and freedoms of individuals, which the US Constitution has, were fruits of the early Americans struggle against colonial rule and efforts at establishing a nation that no longer bore the hallmarks of the undemocratic ways of its former ruler. These were later made into basic laws by the framers of the Constitution.  As the years went by, however, and as issues arose on the interpretation of the Bill of Rights, more implementing laws and amendments to the charter itself were introduced.  Therefore, common laws evolved and were later accepted, enriching the provisions on civil liberties in the US Constitution.  The Fourteenth Amendment created in 1868 is a prime example of this.

A convicted criminal offender is still covered by the Bill of Rights.  However, there may be some limitations to these.  His rights as a citizen may be respected but he may not be allowed to enjoy some privileges to protect the interest of the public and to maintain order in the penal institution he is in.  He cannot invoke his right to refuse search and seizure in his prison cell.  Aside from the fact that his conviction has limited his right to property, such methods employed by the penitentiary are meant to create order and to protect the rights and lives of the entire prison population.  Debates have emerged regarding the compulsory DNA profiling of prisoners.  Those who are against it have said that this is a violation of the right against self-incrimination.  However, this has actually led to the exoneration of many prisoners as well as the connection of others to crimes they have not been convicted of yet.  Crime-solving has become faster with the DNA Initiative Act.  (Lazer, et al.)

The convicts right to vote must still be respected even if they are already in prison.  Unless they have been convicted of crimes against the state or the government, their electoral right must still be in place.  Committing a crime against life or property does not mean that one renounces his citizenship.  However, this may still have to be worked out through lobbying and legislation first.  In fact, freed ex-convicts in several states have just won back their right to vote.  (Moore)  The right to free expression must also be respected even while they are spending time in prison for as long as this does not violate public interest.

The US Constitution and not just the implementing laws should lay the bases in determining the civil liberties that convicts may continue to enjoy.  Laws have been made in the different states but many of these are based only on what is expedient at the time of formulation. Although these did not counter the charters principles, these made its interpretation looser.  Therefore, in ascertaining what civil liberties can convicts still enjoy, the basic principles of the US constitution itself must be the standard.