Criminology

I. Should Evidence obtained in violation of the 4th Amendment be excluded from a Jurys consideration under the exclusionary rule or should some other remedy be used

The question requires that the concepts of Fourth Amendment and the Exclusionary Rule to be dissected and explained thoroughly.  The Fourth Amendment affirms the right of the people against unreasonable searches and seizures.  Under this constitutional provision, the police officers are required to obtain search warrants before they conduct searches and seizures.  The constitutional mandate also requires prior warrant of arrest before police officers make their arrest.

In effect, the Fourth Amendment limits the power of the state to make searches and seizures and conduct arrest.  Police officers are enjoined to comply with this requirement for the protection of the peoples right to privacy.  However, the Fourth Amendment is not a self-executory provision.  The Fourth Amendment does not state the legal effect and implication should police officers violate the constitutional mandate.  As a consequence, the United States Supreme Court adopted a legal doctrine known as the Exclusionary Rule that allows the party who has been wronged by the police officers who conducted unreasonable searches and seizures to suppress the evidence recovered.  The rule applied even if the evidence recovered from the defendant was illegal such as guns or illegal drugs.  The exclusion of evidence as a remedy for violation of the Fourth Amendment right was first enunciated in the case of Boyd v. United States 116 US 616 (1886).   (Enforcing the Fourth Amendment The Exclusionary Rule, 2010, p.1)

Prior to the adoption by the Supreme Court of the Exclusionary Rule, a private individual whose Fourth Amendment right was violated could only sue the persons responsible for the tort of trespass but the illegally seized evidence was still admitted in court (Tinsley, Kinsella  Block, 2004, p.65).  At the time, persons who adjudged guilty of trespass into another persons property were made to pay damages for their misconduct.  However, over time the courts realized that many of the cases involving violation of the Fourth Amendment right did not involve the affluent individuals but defendants who do not have the financial means to pay for a private lawyer to prosecute the act of trespass.  Consequently, the filing of the case for the tort of trespass became ineffective as a means to remedy the abuse.  As cases involving violation of the right against unreasonable searches and seizures involving financially handicapped defendants increased in number, there was a realization that the filing of the civil suit of trespass was not enough to enforce the requirements under the Fourth Amendment.

Thus, the Exclusionary Rule was created by the Supreme Court of the United States.  The Exclusionary Rule is the rule that excludes evidence recovered in violation of the right against the unreasonable searches and seizures.  It must be stressed that the Exclusionary Rule is not a Constitutional right but it is a rule of evidence.  It prohibits the admission in court of any evidence obtained in violation of the Fourth Amendment.  It serves to give meaning to the Fourth Amendment by giving the courts the authority to render inadmissible any evidence that is illegally obtained.

Judge Guido Calabresi (2003) once said that the Exclusionary Rule should be blamed for the steep decline in the privacy rights in the United States (p.2).  The exclusion of the evidence in court depends on the issue of whether the search was reasonable or unreasonable.  However, speaking from experience, Judge Calabresi stated that judges are not inclined to release a known criminal loose in the streets based on the mere ground of technicality.  Because there is no hard-and-fast rule in determining whether a search was reasonable or not the judge who knows that the defendant has committed the crime despite the violation of his Fourth Amendment right is more likely to decide in favor of the reasonableness of the search or seizure.  In fact, in many border-line cases, a judge will decide that the search, seizure or the invasion of privacy was reasonable (Guido Calabresi, 2003, p.1).

Moreover, Calabresi found that the Exclusionary Rule is not effective in deterring police officers from violating the Fourth amendment requirement.  Rather, police officers will continue with their ways and justify their actions as the correct and proper one.  In fact, many officers now think that placing a known criminal behind bars regardless of the means is a noble cause.  

However, there are those uphold the effectiveness of the Exclusionary Rule as the only remedy in protecting the Fourth Amendment right.  Prior to the decision in the cases of Mapp v. Ohio 367 US 643 (1961), the prevailing view was that evidence even if illegally obtained should be admitted in court.  In fact, the illegally seized evidence was even used to justify the violation of the Fourth Amendment (Tinsley, Kinsella  Block, 2004, p.65).  The majority opinion as penned in the earlier rulings of the Supreme Court before this case was that there are other means and methods by which the constitutional guarantee of the right to privacy may be protected, but it should not sacrifice the ends of justice.

Thus, the Exclusionary Rule was initially not favored because it was feared that it will significantly impair the duty of the law enforcement officers to secure evidence from the suspect that will be used for his conviction.  In the case of Wolf v. Colorado 338 US 25 (1949), the Supreme Court said that Indeed, the exclusion of evidence is a remedy which directly serves only to protect those upon whose person or premises something incriminating has been found. We cannot, therefore, regard it as a departure from basic standards to remand such persons, together with those who emerge scatheless from a search, to the remedies of private action and such protection as the internal discipline of the police, under the eyes of an alert public opinion, may afford. Granting that, in practice the exclusion of evidence may be an effective way of deterring unreasonable searches, it is not for this Court to condemn as falling below the minimal standards assured by the Due Process Clause a States reliance upon other methods which, if consistently enforced, would be equally effective. (338 US 25, 31)

In the recent case of Mapp v. Ohio 367 US 643 (1961), the Supreme Court explained that it is only by making the fruits of an unconstitutional search inadmissible in evidence that the non-compliance with the requirements of the Fourth Amendment may be avoided.  Police officers normally would not want their effort to go to waste.  As a result, they go to great lengths to ensure the conviction of their defendant.  In their zealousness to place behind bars known criminal offenders they violate the right of the individuals against unreasonable searches and seizures.  If it is the intention of the police officers to ensure the arrest and imprisonment of the defendant the courts require them to comply with the Fourth Amendment requirement.

Justice Cardozo was right in saying that The criminal is to go free because the constable has blundered. It is in fact still the best argument against the use of the Exclusionary Rule.  Necessarily, without the evidence the defendants who may be criminals shall be allowed to go free because of this technicality.  However, Bernard Swartz (1996) has eloquently refuted this argument by saying that Nowadays, the criminal does not go free because the constable has made an honest blunder or a technical one.  The post-Mapp cases have provided the police with so much room to operate without fear of the Exclusionary Rule that nowadays the criminal only goes free if the constable has flouted the Fourth Amendment  if and when he has blundered badly. (p.137)

It must however be clarified that decades since Justice Cardozo issued that statement the police are still engaged in acts which violate the Fourth Amendment.  Until now, defendants are still deprived of their right against unreasonable searches and seizures.  In fact, many defendants still go to jail even if the Fourth Amendment right was violated.  After the decision in the case of Mapp v. Ohio, police officers still violate the important requirements of the Fourth Amendment.  Indeed, on many cases only those defendants whose Fourth Amendment rights have been seriously and blatantly violated are allowed to go free.

It must be stressed that the requirements of search warrants and warrants of arrest are not simply technical requirements.  These are constitutional requirements which are necessary to ensure that the police officer who is conducting a search or is arresting an individual has reasonable cause to believe that he has committed a crime.  In many cases, the criminals shall be released.  However, this is a necessary consequence of preserving the judicial integrity. (367 US 643, 659) The criminal goes free, if he must, but it is the law that sets him free.  Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence. (367 US 643, 659)

The Exclusionary Rule was also criticized for restricting the development of meaningful alternative to violation of Fourth Amendment rights.  In the case of Stone v. Powell 428 US 465 (1976), Chief Justice Burger once said that the continued existence of the Exclusionary Rule inhibits the development of rational alternatives. (428 US 465, 500)  It is easy to be dissuaded by this argument.  However, according to Bernard Swartz (1996), around twenty four (24) states which admitted illegally seized evidence prior to the promulgation of the Mapp v. Ohio case (p.144) also failed to develop a meaningful alternative to Exclusionary Rule.  It can be concluded that the Exclusionary Rule should not be blamed for the lack of any alternative to it.  In fact, it can be argued that their adherence to the Exclusionary Rule after the Mapp case can be interpreted as a sign that they have failed to come up with anything better than the Exclusionary Rule.
 
The exclusionary rule was never intended to restrict the application of other alternatives intended to punish the law enforcement officers.  Critics of the Exclusionary Rule argue that it inhibits the development of other alternatives.  This argument however is not logically sound since it does not follow that the exclusion of evidence illegally obtained was intended as an only alternative to protect the peoples constitutional right.  Exclusionary Rule may be used together with the filing of suits for damages or the imposition of internal sanctions against the law enforcement officer found to have violated the constitutional guarantee of the Fourth Amendment.    Moreover, theoretically speaking, there are other alternatives that will ensure the protection of the Fourth Amendment.  However, it is not the Exclusionary Rule which thwarts the development of these.  The problem stems from the lack of political will among many lawmakers.  

Other alternatives have likewise been suggested.  One of these alternatives is the filing of the criminal case or the filing of the administrative case against the erring police officers.  However, though the Exclusionary Rule does not prohibit these alternatives, the filing of or criminal or administrative case against police officers for violating the Fourth Amendment is rare.  Even if a case if filed against the erring police officer many of these police officers escape punishment because of the claim of good faith.  They can always allege that they thought their actions were justified under the exception to the Fourth Amendment allowing warrantless searches, seizures and arrest.  In addition, even if the police officer clearly and deliberately did not comply with the Fourth Amendment requirement, it is also a fact that judges are unsympathetic against criminals.

Conclusion
Based on the arguments presented, it follows that as of this time the Exclusionary Rule is still the best alternative that will ensure the protection of the right of the people against unreasonable searches and seizures.  Without this rule, there is nothing else that could prevent the law enforcement officers from its practice of violating the rights of privacy of individuals and from using illegally obtained evidence as a means for apprehending the accused.   If the police officers know that they have a strong case against the accused then the administration of justice demands that they comply with the proper safeguards under the Fourth Amendment.  On the other hand, if the police officer violated the Fourth Amendment the only inference is that he has no solid case against the defendant.

 The filing of administrative or criminal case against the erring police officers is an ineffective alternative to the Exclusionary Rule.  In the first place, the defendants who are victims of these illegal practices have no means to hire private lawyers and file cases against erring police officers.  Moreover, even if the defendant has the means to file cases against the erring police officers, the police officers may always claim good faith.  Even if there was a deliberate omission in securing search warrant and warrant of arrest, the judge will always be sympathetic to the police officer who is merely doing his job as against a known criminal.

Introduction
Police officers are warranted employees of a police force they can also be referred to as policemen or policewomen and sometimes referred to as constables in other countries particularly in Australia. Police officers are generally charged with the apprehension of wrong doers, maintenance of public and social order, prevention and detection of crime in a given society.

Purpose of the police in a democracy
In America, according to Roberts (2004), police officers are categorized differently depending on the State, for instance in Iowa, the officers are categorized in eight groups while in California, the law defines more than thirty roles of the officers. In most countries, police officers are always sworn to an oath, and granted with powers to arrest and imprison suspects. This is well defined in the English Common law and sometimes they are allowed to shoot and kill when faced with a hard choice in dealing with a criminal (Skogan  Hartnett, 1997).

Even though they are trained on different areas such as, surveillance, counter-terrorism, child protection, VIP protection, and investigation techniques into key crime, including murder, fraud, rape, and drug trafficking, they more or less serve the same purpose of maintaining law and order in the society (Pepper, 2005).

Seven principles in the Youngstown Accord
The seven principles of the police force came into existence as a result of the conflict in Bosnia and Herzegovina. As a result, several groups or the interested parties came together to consolidate on the modalities of stopping the conflict and to define the principles that would ensure a harmonious coexistence in Bosnia and Herzegovina. The meeting was held in Youngstown in Ohio which led to the implementation of the accord known as the Youngstown Accord (Walker, 2003).

The seven Principles
According to American Bar Association (1980), the police were to operate in a more democratic manner. In most cases, the police officers were acting against the democratic principles when dealing with crime. The principle was formulated to ensure that the fundamental democratic principle such as the opportunity to be defended or to bring a witness was denied to the majority in the society hence violating peoples rights. The second principle was the conduct of the police officers in accordance to the police Ethics and codes to ensure professionalism in dealing with criminals and crime cases.

Most people complained the way the police officers were handling cases especially before the implementation of community policing in Chicago police officers were feared and people never had freedom to relay critical information to them. The main reason why police officers are employed by the government is to ensure that the rights of the citizens including the right to live are not violated by anybody. In the accord, the protection of individual life by the officers was defined as the major role of the police officers so as to ensure that innocent lives are not taken away by the criminals (According to American Bar Association, 1980).

The fourth principle was more to do with the accountability of the officers. They were to be accountable for any form of crime or criminal activity in a given area since they were given the mandate to serve the community without being bias or one sided when fighting crime in the society. This principle was formulated following the public outcry that most of the criminal activities could be prevented easily when the police officers were involved actively in fighting crime in the society. They were to recognize their role of protecting the properties of the government and the community from destruction and sabotage by the criminals. This was well defined in the fifth principle, to ensure that there was no further damage to peoples properties (Bowling, 1999).

Following the war in Bosnia, many people complained of the police officers. They were worried by the fact that the officers were handling crime in a more disorganized way and that the officers never valued the dignity of the people hence the accord under the sixth principle defined the need of the officers to handle people in a more dignified way. By respecting the fundamental rights of the citizens and obeying the rights of the people such as the right of expression and movement that were denied by the officers, the last principle in the Accord was about the manner in which the police officers were to discharge their duties. In the accord, the officers were to act in a more organized, disciplined and in a nondiscriminatory manner to ensure professionalism in discharging their duties (American Bar Association 1980).

Conclusion
Police officers therefore plays an important role of maintaining social order in the society though they are limited in power depending on the type of crime committed, suspect have a right to complain if the aspect of police behavior is not up to the required standards such as demanding for a bribe, beating the suspect or shooting before observing the stipulated procedures or laws. Even though police officers have the powers to seizure, proper evidence or proof must be checked to avoid arresting an innocent fellow.

Baltimore is painted a gray, lifeless palette in HBOs gritty crime drama The Wire, a perfect backdrop for the fictional depiction of the different facets of organized crime in the urban setting. But, its creators, David Simon and Ed Burns, see it as a realistic portrayal of the sordid life in the urban jungle, the inequalities attributed to race and class, and how every person, every institution reacts to it. One such facet, grimly presented, is the prevalence of youth crime as depicted in the series first season. In reality, Baltimores juvenile violent crime rate is double the state average, wherein 88 are African-American (GBC, 1995 Advocates for Children and Youth, n.d.). These rates are dramatically depicted in the series first season with the central character of DAngelo Barksdale, a young drug dealer working for his uncle, Avon Barksdale, the powerfully ruthless kingpin of Baltimores drug underground.

Surrounded by violence and crime all his living years, DAngelo goes through a tug-of-war of moral values. His is the story of many young men who, despite criminal influences of peers and family, seek out second-chances in order to live better lives. With this in mind, we look into the life and persona of DAngelo Barksdale using Social Disorganization Theory and Moffits Development Theory (1993) to understand how this unknowing youth, and those many real people, came to embrace the life of crime that has, in the end, engulfed them.

In the first episode, we see a brash and impulsive DAngelo standing trial for a murder he committed after an argument in a building lobby turned sour. Despite a seemingly strong case against him, he was subsequently acquitted after a key witness turned her story around having been bribed (or threatened) by DAngelos uncle. Meeting his uncle after the trial, he gets himself a scolding from Avon, urging him to use his good sense next time he feel the emotional need to lash out at those he deems his enemies.

DAngelo then receives a warm embrace from his uncle, saying that they should look out after one another because they are family. With this we see how ingrained criminal life and violence is in DAngelos life. All throughout his life, he has been surrounded by drugs, crime, and violence, and not once did he ever have a moral compass to direct him to the right path. For him violence is an everyday occurrence, and when he encounters such situation, he reacts by mimicking how his uncle and cohorts would react to it if provoked, shoot. Because of this, he has become impulsive, hot-tempered, and crass.

But, we see him recognize the errors of his ways as he contemplates turning state witness when he was captured during a drug bust. His mother, though, pleads him to take the twenty-year sentence instead. And, he does so, regretfully, because at this moment he has been labeled dispensable. Stinger Bell, Avons merciless right-hand, instructs the murder of DAngelo. Found strangled in the prison library, lax investigations into his death led to it being classified as suicide.

A Theoretical Assessment of DAngelo Barksdale
Given his activities and background, we shall use the theories mentioned in a two-point analysis of the character. First, using the Theory of Social Disorganization, we will analyze the downfall of DAngelos immediate community, and second, utilizing Moffits Development Theory, we will see how this has affected DAngelos growth and leanings toward crime and violence.

In his discourse Family Management and Child Development Insights from Social Disorganization Theory (1993), eminent criminologist and expert in the Social Disorganization Theory Robert J. Sampson looks back at the works of Henry McKay and Clifford Shaw on juvenile delinquency and its immediate relation to social disorganization. He defines the theory of social disorganization as the inability of a community structure to realize the common value of its residents and maintain effective social controls (67) and is indicated by low economic status, ethnic heterogeneity, residential mobility, and family disruption. He sums its causality in three parts (1) the communitys inability to supervise and control teenage peer groups or gangs, (2) the ignorance of the importance of friendship and acquaintanceship networks, and (3) the non-participation of the community in informal and voluntary organizations. When all these aspects are left untended it weakens the capacity of the community to defend its local interests (67-68).

Knowing that this hypothesis has never been fully tested, Sampson with W. Byron Groves, developed two surveys that tested the feasibility of Shaw and McKays theory as published in The American Journal of Sociology under the title Community Structure and Crime Testing Social Disorganization Theory (1989). The first survey was tested on 238 localities in Great Britain and was constructed from a 1982 national survey of 10,905 residents. It was consequently replicated on an independent sample of 11,030 residents of 300 British localities in 1984. Showing the strength of Shaw and McKays theory, results from the two surveys sustained their supposition that between-community variations in social disorganization transmit much of the effect of the community structural characteristics on rates of both victimization and criminal offending.

But, despite the seeming prominence of Social Disorganization Theory in the field of criminology, there had been a time when it was thoroughly dismissed, as discussed by Robert J. Bursik, Jr. in his article Social Disorganization and Theories of Crime and Delinquency Problems and Prospects (1988). Many people had disregarded this theory despite its contributions to the criminology because it is not...a necessary condition of criminality, let alone a sufficient one (Bursik 1988, p. 519). But, with the new writings of Byrne and Sampson (1986) and other criminology scholars regarding this most underestimated theory, we realize its importance to modern day criminology.

This importance is put into light as we use this theory to explain the psychology behind the DAngelo Barksdales actions. First, we look into the characteristic of the community that reared DAngelo and analyze it under Shaw and McKays social disorganization structure. With Avons rise in the criminal world came ill-gained wealth, but there is no doubt that he, along with DAngelo and his family, rose from a low-class community, like the one called the Pits as depicted in the series. This community consisted mostly of African-American families, a small percentage of which is educated. There is also a great probability of a large number of disrupted families. All these taken into consideration, we can say that DAngelos relations fall under the standard description of a socially disorganized community.

This community also tolerates the existence of drugs, as depicted in the first episode wherein DAngelo begins work in the Pits. He and his cohorts do business in the epicenter of the tenement, dealing drugs in clear view, with the rest of the neighborhood looking on indifferently. Members of the community even help by stopping an addict who gave fake bills to DAngelo and his crew. The gang immediately beats the addict up as, once again, the rest of the crowd watch. We can also see that there is no other organization that exists within the community except that of the Barksdales drug empire, not a civic nor government group. Without a third party to look into the dealings of the community, no check-and-balance to ensure that rights are not trampled on, we become witness to a society that alienates itself from Constitutional rule and that follows their own version of the rule of arms.

With this glimpse into DAngelos relationship with his community, we now move into how this has transformed him into the person that he is. Using Moffits Development Theory, we analyze DAngelos criminal patterns and how it fits into this theory.

Development Theory was introduced by University of Wisconsin psychology professor Terrie Moffit in 1993, following the steep climb of youth-related crimes in the United States from the 1980s to the 90s. Through a study of empirical data retrieved from a research of New Zealand boys, he deduces that delinquent and criminal behavior in juveniles, and progressively in their adult selves, are products of environments that promote it (Thornberry 1997, 2). He also says that these deviant behaviors are also thoroughly influence by peer groups even after parental variables are taken into accounts. Moffit divides the delinquent group into two categories early starters and late starters, with their own project trajectory of delinquent activity. He does this as a predictive method of knowing when a child who has expressed anti-social tendencies will most likely show further delinquent traits.

Many educators and scholars have come to see the value of Moffits work in a society plagued by underage criminal activity. A particular study done by Raymond Paternoster and Robert Brame titled Multiple Routes to Delinquency A Test of Developmental Theories of Crime, published in Criminology (1997), tackles the many different routes to delinquency as seen in modern day youth crimes. Using theories by Moffit, Patterson, Gottfredson, and Hirschi, Paternoster and Brame find a method that best explains the causes behind juvenile delinquency. He compares the older, more traditional approaches of Gottfredson and Hirschi, to the more complex studies of Moffit and Patterson. During the course of their research, they found that neither category is deemed most applicable. Their findings appeal to a theoretical middle-ground that synthesizes the two ideas, stating in their abstract that this middle-ground is an assumption of the pathways to crime and that they are more similar than different, allowing for a causal effect of past offending and life experiences on future criminality (Paternoster and Brame 1997, 49).

While the previous research tested the viability of Moffits theories in comparison to more traditional beliefs, a study done by Andrea G. Donker, Wilma H. Smeenk, Peter H. Van der Laan, and Frank C. Verhulst called Individual Stability of Anti-social Behavior from Childhood to Adulthood Testing the Stability Postulate of Moffits Developmental Theory, looks into the scientific method by which Moffit undertook to get to his conclusion regarding the stability of longitudinal antisocial behavior regarding aggressive (overt) and non-aggressive (covert) anti-social behavior. Their research revealed that overt behavior is more present during childhood to adulthood versus childhood to adolescence, thereby concluding a recently proposed adjustment to the starting of the adult phase should be considered. In essence, their research on Moffits study reveals its substantial influence in the analysis of the human development.

 Based on Moffits studies and other subsequent researches, we can clearly say that DAngelo Barksdales history of crime can be attributed to peer-influenced mimicry. We have previously established the kind of community that has reared DAngelo, one that promotes violence and criminal behavior. DAngelo sees this attribute of his neighbors and friends, and, to fit in, he mimics or copies their actions, carrying over their aggression and misdemeanor. By doing so he secures for himself a position within his immediate community, and protects himself from any violent acts that he knows would befall those who do not conform.

With a core group of friends and no problems with peer-relations, DAngelo falls under Moffits late starter category. These late starters or children with a life-course persistent trajectory starts delinquency at an older age, and then leaves it after his or her 18th year. This person is characterized by serious aggression at a short period of time, little or no problems with peer rejection, and the ability to build lasting relationships. As a late starter, DAngelo was expected to veer away from a life of crime after fully realizing that there are far more better rewards should you follow the rules. In the series, he does recognize this, but his redemption is unfortunately cut short upon his death.

Conclusion
The youth crime and juvenile delinquency is a most unfortunate characteristic of the past few decades, as we have seen in The Wire. Used by larger illegal organizations to do their legwork, the delinquent youth are the unfortunate pawns of more dangerous, more heartless criminals. But though we cannot completely say these youths bear no fault in their situations, we see that there are still factors beyond their reach that contribute to the makings of their attitude and actions. This research helps in assessing this dilemma following a more theoretical, highly psychological, approach.  Hence, based on this study, we have deduced that a youths propensity towards crime can be traced to two sequential factors a disorganized society, which will breed equally disorganized civilianscivilians that will become standards for that society. Through Social Disorganization Theory we have characterized DAngelos community and with Moffits Developmental Theory we have garnered the ways through which DAngelo could have picked up his attitude towards life. Through this research we have also realized the interconnecting quality of these theories, recognizing its intense complexity.

Putting this all in a more realistic context we see that this serves as a framework for creating solutions that will instantly target the epicenter of a communitys penchant for crime and violence. Knowing where it begins, we can begin to plot our way towards its end.

Intelligence analysis can be considered different from criminal analysis but both of them are essential in the process of law enforcement. Intelligence pertains more to the gathering of covert information. In intelligence analysis the information coming from the intelligence units are generally considered highly confidential and most of the time considered very valuable and sensitive in nature. Unlike criminal analysis, the information here are less sensitive and the data they produced are common and found in the whole agency. Still the products or information provided from the two are very useful for crime enforcers in the process of crime prevention and suppression.

Criminal analysis on the other hand employs formal criminal justice theory, research method, comprehensive data collection and in-depth examination to evaluate crimes. Intelligence analysis and criminal analysis are both considered to have 3 levels of operations and this includes tactical intelligence, operational intelligence and strategic intelligence.

Among the different forms of crimes-violent crimes, organized crimes, narcotics and white-collar crimes, Crime and Intelligence analysis best served organized crimes and even narcotics crimes. Organized crimes are among the common target of intelligence analysis. Data collection concerning these offenses is very useful for identifying culprits or confirmation of suspected criminal groups. Law enforcement agencies may have recorded previous crimes associated with certain crime gangs. This aids in further search of criminals to abolish criminal organizations and threats. Application of the analysis can also be executed in investigating drugs or narcotic crimes.

With the help of modern investigation and data gathering systems, these organizations can be tracked down and suppressed. Compared to other kinds of law offenders and criminal groups, white-collar crimes and even violent crimes are the most difficult to track down being much complicated and elusive to monitor.

In the modern world today international security is a priority in the government agenda. It is evident that some countries take nuclear weapons as necessary instruments in safeguarding their international security. However, there are different opinions to this since nuclear weapons are regarded as destructive and a threat to national and international peace and stability. Cohesiveness and co-existence among nations has been attributed to reduction of nuclear weapons. This study looks at the history of nuclear weapons since time immemorial and how it has evolved since then. Background of Nuclear Weapons the dangers of nuclear weapons the value of nuclear weapons the conflict between pro-nuclear weapons and anti nuclear-weapons will be considered. An analysis of how the peace movements in Europe shifted the widely held conception about nuclear weapons will also be considered. This hypothesis will be supported by some the ideas of the realist theory and Nuclear Weapons Free Zone (NWFZ) movement and its influence on the treaty of Non-proliferation of Nuclear Weapons (NPT).

Background of Nuclear Weapons
Use of nuclear weapons is not a recent affair. Back in 1945, United States is on record for having exploded the first nuclear bomb. It was seconded by the Soviet Union when it exploded a bomb in 1949. Other countries followed suit. Britain first attempt took place in 1952 France in 1960 China in 1964 and India in 1974. Notably, the use of nuclear weapons rose with time. In 1952, United States exploded thermonuclear bomb at Eniwetok atoll in the pacific. Other countries followed suit where the Soviet Union experimented its first thermonuclear bomb in 1955 China on 1967 Britain in 1957 and France in 1968. The pace of nuclear testing grew rapidly as the mentioned countries intensified their nuclear weapons testing. 2,044 tests have been carried out worldwide. Every country has maintained a pattern since its first nuclear weapon test. For instance, U.S. carries out a nuclear test every 17 days since its first test the Soviet Union tests are approximated at 23 days from its first test France every 63 days Britain every 349 days and China every 222 days. India has only performed a one test so far.

These explosions take place in different environments. The tests can take place above ground, underground, and underwater. Explosion attempts have occurred top of tall buildings, onboard barges, hanging balloons suspended on the earths surface. Other tests take place underwater to depths of 2,000 feet, underground to depths of 8,000 feet, and in horizontal subways.  Dropping of test bombs by aircraft and firing them up to 200 miles into the atmosphere are another major ways that nuclear weapons testing has been carried out. It is believed that nuclear weapons tests have spread all over the world. Some of the sites are as follows Bikini Atoll (U.S.) Christmas Island (U.S. and U.K.) and Eniwetok Atoll (U.S.) just to mention a few. Nuclear weapons tests, however, lead to environmental problems as a result of radioactive emissions in the atmosphere. This emanates from the underground nuclear tests. Natives succumb to serious illness and health complications and this extends to the generations that follow.  

The value of Nuclear Weapons
Insecurity has become a major omen across the world and every government is treating this issue both locally and internationally very seriously. One of the worst fears is the danger posed by terrorism attacks. Indeed, several countries especially United States and Britain have fallen victims of this and it has necessitated establishment of high security measures. In this regard, nuclear weapons despite their moral encroachment have been used as a remedy and as a solution to safeguard nations against malicious intruders.  It is obvious that majority of countries have a feeling of fear and insecurity.

Anarchy has been presented as one of the reasons why countries are increasingly concerned about the welfare of their territory. As Lebow notes, Anarchy subjects the state to strengthen its approach to security and to add more to power as compared to other values (Lebow 1994).  Therefore nuclear weapons become the avenues for peace and stability. A number of international relations Scholars and historians believe that nuclear weapons contribute in preservation of peace and stability an opinion that Waltzs Theory concurred. Waltz softened his position and affirmed that nuclear weapons have been the second force in promotion of peace in the postwar world (Waltz 1981). He went further to argue that long lasting peace was dependent on bipolarity and nuclear weapons (Waltz 1990).

The Conflict between Pro-nuclear weapons and Anti-nuclear Weapons
To some it is considered that a world without nuclear weapons is impossible. As mentioned above, nuclear weapons are regarded as reservoirs for peace and stability. However, proliferation of nuclear weapons is a recipe for nuclear wars. In a bid to reduce the risks of getting into nuclear wars establishment of Nuclear Weapons Free Zone (NWFZ) is on the rise. As Mitsuru notes, the sole objective of the Nuclear Weapons Free Zone is to safeguard against use of nuclear weapons but more importantly the eradication of the possibility of attracting nuclear war (1999). When one is in possession of a gun it cannot be trusted that she is going to use it wisely. The chances are that the person may open fire in given circumstances. This example helps us understand why possession of nuclear weapons is risky and a reason to worry. As noted earlier, peace and security rests on the possession and use of nuclear weapons on the contrary, nuclear disarmament is considered as a key player in promotion of peace and security both in the region and globally. Proliferation of nuclear weapons is an issue that should be accorded serious consideration. It is an issue that cannot be looked down upon whatsoever since it is a matter of general security and the general good. In this regard, the establishment of more and more Nuclear Weapons Free Zone is a valuable way for attaining security on a regional basis, which at the long run can be sewed into a global community with free nuclear weapons regions (Okashiwa 2002).

The chief role of nuclear weapons is keeping U.S., their allies, or their vital interests safe from the attacks of potential adversaries (Younger 2000). Notably, a number of countries are modernizing and intensifying technology behind nuclear weapons. Russia upholds strategic and well-planned nuclear forces. China is enthusiastically refreshing its nuclear arsenal. India and Pakistan have considerably manifested ability of midlevel technology status to grow or obtain nuclear weapons. There is a rapid expansion of nuclear weapons in countries such as North Korea, Iraq, and Iran an indication that nuclear era is far from over. As Younger notes nuclear weapons continue to play a key role in supporting international security during the latter half of the twentieth century. Notwithstanding the fact that they are the most destructive tools ever made-up, they have a stabilizing effect on superpower relations by making any conflict unacceptably costly (2000). As noted above, America still maintains that nuclear weapons safeguard them from potential enemies and their vital interests. This role is not expected to change in the future but for as long as the military forces act as the custodian of nuclear weapons. Peace movements across Europe have held talks in regard to nuclear weapons. Due to this, the popular conception about nuclear weapons has undergone a metamorphosis.

The war against Nuclear Weapons
The cold war is believed to have began in 1949, a period which the USSR exploded its first atomic bomb. As mentioned earlier long, cold war was characterized by the disagreements between the United States and the Soviet Union. This intense conflict evolved after the Second World War. Some time around 1947, there emerged a division of states of states between the West and the East where United States and the Soviet Union represented respectively. The West accused the Soviet Union of jeopardizing democracy and encouraging communism in Eastern Europe as well as Germany. This attempt to undermine democracy crippled the economic system and freedom of occupation within Eastern Europe. The Soviet Union justified their actions hence leading to a conflict between them and the U.S. The Soviet Union accused United States by saying that the U.S. were enemies to communism while the U.S. accused the Soviet Union of its plan to undermine liberal democracy across Western Europe and the United States.

The Americans signed an alliance agreement with Asia and eventually in 1950, a peace treaty with Japan. In addition, in 1952, other states, for example, Australia, New Zealand, Thailand and the Philippines joined the alliance. The Soviet Union signed an alliance agreement with China in 1950.As a result, the war in Korea stopped in 1953. In the 1960s, there were changes that took place in the world and this lessened the Cold War. Both camps had begun to notice the futility of their conflict and the importance of establishing a better union.

The termination of the Cold War witnessed dramatic reductions in the Tactical Nuclear Weapons (TNW) on both sides. This reality was not as a result of the singed treaty but as a result of declarations by the presidents. President Bush in September 27, 1991, led the U.S. in eliminating short-range nuclear weapons and withdrawal of tactical nuclear weapons from surface ships, submarines and land-based naval craft. President Gorbachev followed suit and in October 5, 1991 declared that the Soviet Union would obliterate all nuclear artillery missiles and the nuclear warheads. He went ahead in declaring that nuclear warheads for anti-craft missiles would also be done away with. The entire TNW would be removed from surface ships and heavy duty submarines. All weapons of this kind would be destroyed. On January 29, 1992 President Yeltsin reaffirmed the commitments in these duo declarations (Taina, 2002). In June 1992, the French also joined in by cancelling the manufacturing of a tactical nuclear missile referred to as the Hades (Goldblat, 2002). Britain declared that both its ships and aircraft would not offer transportation to its tactical nuclear weapons.

It had been indicated above that it is almost an illusion to fathom a country without nuclear weapons. It has been demonstrated as a basic and fundamental requirement for a state in promoting its international security. Little was it thought that die-hards of nuclear weapons would soften their stand in this regard. The scope of nuclear weapons for a country is beyond its regions and localities as it covers the interests of the national internationally.

In a bid to exercise arms control European community shared in the sentiments of their U.S. counterparts on the future of arms control. This led the formation of a Liberal Internationalist Community characterized by the same political values and policy concepts. The liberal arms control community in U.S. was among the first to promote the idea of arms control. This community focused mainly on specific proposals in the nuclear arms control area. The main focus during that time was to resist the Reagan administrations efforts to do away with nuclear arms control. As Such, the community concentrated on promoting a comprehensive nuclear test ban and on preserving the 1972 Anti-Ballistic Missile (ABM) Treaty threatened by Reagans Strategic Defensive Initiative (SDI) (Caldwell 1991). Common security took center stage compared to the conception of national security.

They settled for a stable cooperative arrangements and peace orders in regard to the security dilemma in international relations. Common security stressed that attainment of security in the nuclear age could not be limited to unilateral measures.

Security partnership begins with the acknowledgement that war can no longer be won and that destruction cannot be restricted to one side. There cannot be any reliable security against an opponent, but only with an opponent.  There is only common security and everybody is partner in it not despite potential enmity, but because of this enmity (Bahr 1983).

It is said that she who desires peace must prepare for war. This dictum has been quoted to justify the establishments and expansion of large military forces and development of nuclear weapons. As per the Correlates of War projects preparation for war only leads to arms races, subjecting the participants to risks rather than the peace they aim to achieve. The best way forward is to uphold unilateral restraint in the acquisition of new weapons systems while seeking every opportunity to negotiate bilateral and multilateral agreements to limit development and deployment (Wallace 1981).  

The rise and fall of Soviet power influenced the trends of the cold war. The rise of Soviet power intensified the cold war and the decline of Soviet power ended the cold war. As mentioned earlier long, Soviet was the second to explode a nuclear bomb and its authority had a lot of influence as far as nuclear weapons are concerned. Nuclear Weapons Free Zone contributed a lot to the anti-nuclear weapons campaign. Such establishment was mobilized in 1950s and become a regional approach in discouraging the world from using nuclear weapons. The Nuclear Weapons Treaty elevated the Nuclear Weapons Free Zone (NWFZ) as a complementary element of the nonproliferation regime established by that treaty.  The Nuclear War Free Zone (NWFZ) have made it possible for states in a region to attend to the limitations of the NPT regime, by fully doing away with nuclear weapons and establishing greater transparency and stronger verification measures. NWFZ apparently is a strong disarmament measure since it involves the eradication of nuclear weapons region by region. It unswervingly deters any possible deployment by Nuclear Weapons State of their existing nuclear weapons. It prevents any nuclear tests activities from being conducted in a region.

Conclusion
In conclusion, the paper has discussed the shift in thinking on the topic of nuclear weapons in a detailed manner. However, we cannot deny that nuclear weapons play a fundamental role in ensuring international security. I agree that their arbitrary use is what creates trouble. They should be viewed as tools for self-defense but only if necessary. Countries planning to go to war should adhere to the international policies as to when they can declare war against another country. Nuclear Weapons Free Zone role in curbing the proliferation the proliferation and disarmament of nuclear weapons is laudable.

This task of (NWFZ), however, is not easy at all. Approaching the issue from a global point of view makes it a hard task. It will be easy if they approach it from a regional point of view and by induction control it globally. In this sense, basing on the logic of NWFZs to reinforce the growth and expansion of nuclear weapons it can be taken as a measure towards global disarmament. The fight against nuclear weapons should continue no matter what. But, as I mentioned earlier we cannot discredit them but what should be controlled or prevented is their arbitrary use.    

Theodore Kaczynski, also known as the Unabomber, was arrested by Federal Bureau of Investigation officials in April 1996, after more than 18 years of evading capture.   Kaczynskis crime spree, notable for his use of home-made bombs, injured 23, and killed three, during the course of his anti-technology fervor.

The first bombing occurred outside of Chicago on the campus of Northwestern University in 1978.   Fortunately, the victims only suffered minor injuries.   From 1979-1982, there were six more bombings with varying degrees of injuries.   In 1985 Kaczynski sent a bomb to the offices of Boeing. It was spotted by workers, and defused by bomb experts.  (Fortune, 1995).

The first death from one of Kaczynskis bombs occurred when he disguised a bomb as wooden construction debris in the parking lot of a computer store in the city of Sacramento.   The stores owner, Hugh Scrutton, picked up the package to throw it away.   It exploded, and he died instantly.  (Fortune, 1995).

Since the materials Kaczynski used in making the bombs consisted of lamp cords, batteries, scrap wood and iron, it was hard to trace.  (Bruni, 1996).   Kaczynski, however, did leave his signature FC on each device.   The initials stood for Freedom Club. (Fortune, 1995).

The first real break in the case occurred during the 1987 bombing in the parking lot of a Salt Lake City computer store which maimed an employee.   A witness saw the man who deposited the bag that held the bomb.   Investigators were able to have a sketch of the man drawn from the womans memory.  (Bruni, 1996).

Investigators developed a profile of the bomber, and released the crude sketch with the information.   The man had a mustache, wore sunglasses, and a hooded sweatshirt.   He was in his late 20s, and had reddish blond hair.  The bomber did not hit again until 1993.   (Bruni, 1996).

A profile in 1991 portrayed the bomber as a white-man who was obsessive compulsive.   It suggested the man held many menial jobs over the course of the years, and moved around the country frequently.  (Bruni, 1996).

In 1993, Dr.  Charles Epstein, of Marin County, a geneticist at the University of California at San Francisco, attempted to open a padded envelope he received in the mail.  The envelope exploded, causing serious injuries to the doctor.   Shortly thereafter, Yale computer science Professor David Gelernter received a package in the mail, and received similar injuries after it exploded.   (Fortune, 1995).

As the bombings continued, Kaczynski graduated from the use of gunpowder mixtures, and match heads to high explosives triggered electronically.   Needless to say the new formula yielded little help to the investigators trying to isolate the culprit.  (Fortune, 1995).

One issue that hampered the case was managerial.   Three different government agencies worked on the case at the same time.   This meant that there were three sets of notes, three sets of interviews, three collections of evidence, etc.  Finally, with the support of the U.S.  Postal Inspection Service, and the Bureau of Alcohol, Tobacco, and Firearms, it was decided that there should be just one task force on Kaczynski under the auspices of the FBI.  (Fortune, 1995).

Therefore, all the information from all agencies went to the FBI.   The amount of paperwork was enormous.   Sifting through 15 years of information proved daunting.   Finally, officials agreed that they were getting no where with the investigation.   There was just too much information, and trying to sort through it all was taking too much time.   With this in mind, the FBI decided to reinvestigate the bombings.   There were 14 different crime scenes in eight different states over the 15 year period of Unabomber activities.  A second sketch of the bomber also was drawn.   (Fortune, 1995).
Two bombings occurred in 1993, and Kaczynski mailed a letter to the offices of the New York Times.   Investigators saw the letter had a postmark of Sacramento.   Therefore, the FBI moved its field offices to San Francisco where it stationed 45 agents.   Also, on the writing, investigators noticed the words, Call Nathan R.   Wed.  7 p.m.  Investigators began studying this new lead.   That same year, the FBI established a toll-free number for tips regarding the bomber, and offered a 1 million reward for any information that led to his arrest.  (Bruni, 1996).   The FBI received more than 15,000 tips.   (Fortune, 1995).

In June of 1995, Kaczynski sent the New York Times and Washington Post a 35,000 word document titled, Industrial Society and Its Future.  Kaczynski gave the newspapers three months to publish what he termed a manifesto, or he would leave a bomb at an undisclosed location.   In September the Washington Post ran the document in its entirety.  In the piece, Kaczynski told of his dissatisfaction with the technological advances in the world today.   He said that as technology grew, humans were more like robots.   He said technology took away our freedom.   (Unabombers Manifesto, 1996).

Investigators discovered through Kaczynskis writings that he grew up in the Chicago area.   Therefore, they met with more than 50 teachers, who gathered at Niles North High School, asking questions and showing the sketch of the man they were looking for.   Investigators also sent Kaczynskis document to 75 college educators and scholars to see if anyone could identify the work.   (Tyson, 1995).

Kaczynski was a mathematician educated at Harvard.   It was at Harvard that he first developed the ideas about evil in society that led to his justification of his actions.   Kaczynski was considered an angry person by family since his junior high school days.   But it was at Harvard that he began to consider revenge against all those he felt were evil.   (Chase, 2000).

After graduating Harvard, Kaczynski came across a book by the French philosopher, Jacques Ellul, called The Technological Society.  The books main thesis was that man did not use technology as merely a tool, but as an end in itself.   The book claimed society served technology.   (Chase, 2000).

In 1998 Kaczynski said that he developed most of the ideas found in the book on his own.   But that when he read the book, Kaczynski said, I was delighted, because I thought here is someone who is saying what I have already been thinking. (Chase, 2000).

At the age of six months, Kaczynski was hospitalized.   During this period, his family was not allowed to touch or hold him.   When he came home from the hospital, he was withdrawn, and listless.   Throughout his childhood, he avoided contact with others as much as possible.   He was bored in high school, and administrators developed an accelerated program for him.   Therefore, he entered Harvard at age 16.   (Lacayo, 1996).

While at Harvard Kaczynski participated in a psychiatric research study.   Although the study was odd, there is no evidence that it had a negative effect on Kaczynskis personality.   (Margusee, 2003).

Upon graduation, Kaczynski took a teaching job at Berkeley.   However, his stint did not last long, and he began to spend more time at his cabin in the woods.  (Lacayo, 1996).   Kaczynskis brother David worked as supervisor of Foam Cutting Engineers.   He hired Theodore to work for him.   Soon, however, Ted began to date a female employee.   When she dumped him, he posted ugly limericks around the office.   David had no choice but to fire him.   In a follow-up letter, Ted Kaczynski said that he thought about hurting the woman, but changed his mind.   (Lacayo, 1996).

In the years that followed, Ted Kaczynski borrowed several thousand dollars from his brother, David.   The money was never paid back.   (Lacayo, 1996).   David Kaczynski began to be concerned about his brothers activities after learning that the Unabomber grew up in the Chicago area, and lived in Berkeley, and Salt Lake City.   David read the manifesto, and heard his brother, Ted, in the language.   (Lacayo, 1996).

David Kaczynski turned to a friend of his wife, Susan Swanson, a detective with an investigative office.   Ms.  Swanson went to Clint Van Zandt for help.   Van Zandt worked for a security consulting firm as a behavioral science specialist.   Swanson asked Van Zandt to compare the Unabombers manifesto to two of Ted Kaczynskis letters.   Van Zandt worked with a linguist and psychiatrist, and found a 60 percent probability that the letters and manifesto were written by the same person.   (Lacayo, 1996).

The letters were sent to a communications specialist who compared them to the manifesto.   He agreed with the previous finding, and stated there was an 80-90 percent probability that the same person wrote all three.  (Lacayo, 1996).   Washington attorneys were contacted, and they called the FBI.   David Kaczynski spoke with investigators at length regarding his concerns.   (Lacayo, 1996).

Kaczynski was arrested by the FBI on April 3, 1996 at his Montana cabin.   FBI investigators found that Kaczynskis cabin was more like a bomb lab.   They found tools, wire, bomb making supplies, diagrams of bombs, and even a live bomb under his cot.   (Curley, 1996).

During his trial, Kaczynski asked if he could represent himself as attorney.   The judge responded by hiring a psychiatrist to judge whether he was psychologically fit to take on that task.   The expert psychiatrist, Karen Bronkfroming, said Kaczynski had a predisposition to schizophrenia. During the course of the trial, the attorney for the defense asked two psychiatrists to provide testimony concerning Kaczynskis mental state.   Both doctors indicated that Kaczynski suffered from schizophrenia.   The judge in the case said that Kaczynski was capable of defending himself however, he did not permit him to do so.   (Chase, 2000).

In conclusion, Kaczynski remains in prison today.   In exchange for the government taking the death penalty off the table, Kaczynski plead guilty to 13 federal bombings.  May 4, 1998 he was sentenced to life in prison without the benefit of parole.  (Chase, 2000).  This case was the longest and most expensive investigation in the history of the FBI.  (Chase, 2000).

There are numerous theories that can be found in Canadas book. However, the focus of this essay will revolve around two theories namely differential association and social bonding.

Differential association as defined in criminology terms is a theory that explains that ways by which criminal activities are learned by individuals through various social interactions with different people. This theory suggests that a person might not necessarily want to learn the criminal ways of his generation but because of his exposure to human aspects of attitude, values and beliefs heshe learns the criminal ways. Furthermore, differential association suggests that an individual has a higher chance of being a criminal if the environment surrounding him advocates more to criminal activities that legalities. This environment of an individual plus the different interactions that heshe encounters adds up to the  learning base  of criminal activities of an individual. Choosing to do a criminal act or not is not the point but learning the criminal ways little by little or unconsciously will lead to criminal behavior which is strengthened by interactions an individual makes.

In Canadas book, differential association has played a huge role in undermining the personality development of each person. Canada recounts the numerous interactions and encounters that he has had with criminals and criminals activities. As a young kid, Canada was exposed to these environments and he recalls the time when he was asked to buy some pork and beans from the store. He then met a new friend at the store and while walking back home his new friend held him up in a corner and said  Give me you money . Another instance of exposure was when one of his brothers were robbed on the way home. This led Canada to bring a bladed knife for protection although he was also accidentally cut by his weapon. Later on, Canada recalls that their mother talked to them seriously and said that they live in a violent region and they all must stick together and be accustomed to their neighborhood.

Another theory that can be found in Canadas book is that of social bonding control. This theory simply means that the different relationships and interrelationships among people which also include their beliefs, and values plays an important role in encouraging an individual to follow or go against the law. This suggests that the social bonding that exists can greatly motivate an individual to accept or reject any ideas or concepts that they may have learned. Furthermore, in the book of Canada, Social bonding control is best exhibited by the scenario of their family and their mother. Canadas mother played the role of a real mother who took care of them and advised them to adhere to laws. Canada also recalls their mother saying,  I will not tolerate you becoming victims so better wise up.  Using the social bonding control theory, Canada and his brothers were led to the right path by her mother through the continuous provision of good values and advices which was backed up by a stronger family relationship soon after their father left them.