Queenslands Dangerous Prisoners Act Justified

Question
Queenslands Dangerous Prisoners (Sexual Offenders) Act (2003) provides that sexual offenders to be detained or supervised beyond the expiration of their sentence in cases where a court finds that there is a high degree of probability that they represent a serious danger to the community. Consider whether this legislation can be justified on the grounds of the correctional goals of retribution, incapacitation, deterrence and rehabilitation. Why do you think there is no similar legislation directed toward serious nonsexual offenders

Introduction
Queenslands Dangerous Prisoners (Sexual Offenders) Act, 2003 (the Act) provides that sexual offenders to be detained or supervised beyond the expiration of their sentence in cases where a court finds that there is a high degree of probability that they represent a serious danger to the community. To consider whether this legislation can be justified on the grounds of the correctional goals of retribution, incapacitation, deterrence and rehabilitation, arguments against the measures will be outlined and followed by a consideration of arguments for. These will then be considered as a whole, in consideration of correctional goals. Finally, an opinion will be briefly given to consider why there is no similar legislation directed toward serious nonsexual offenders. These investigations will show that, although it is justifiable to have separate criminal policies for sexual offenders as a type of offender, the measures taken under Queensland law are not justifiable due to less restrictive means, thereby making the limitations disproportional.

Before addressing the arguments in full, the Act should be considered within the context. Pursuant to Sections 8 and 13, the Act essentially allows the imposition of an additional sentence without determination of guilt. However, it must be noted that the Act is very particular.  Before the provisions of the Act can be utilised, it must be preceded by a prior conviction of an offence which is sexual in nature and must be supported by the reports of two medical practitioners to the effect that the perpetrator cannot control their sexual instincts (Campbell, 1993, p.81). The Act has in fact already been constitutionally challenged in the case of Fardon v Attorney-General (Qld) (2004) 210  HYPERLINK httpen.wikipedia.orgwikiCommonwealth_Law_Reports o Commonwealth Law Reports CLR 50. However, such challenge was not accepted fully by the High Court of Australia.

Arguments against the Act
Resistance to the relevant provisions in the Act have been staunched, particularly with respect to the way in which the Act appears to violate widely accepted legal principles under the rule of law. Detractors noted that due to the priority placed upon a citizens liberty, the only reason the state is granted the punitive power of imprisonment is the judiciarys core function, i.e., to adjudge and punish criminal guilt (Keyzer, Pereira  Southwood, 2004, p.247). However, through this Act, the courts are seemingly exercising a non-judicial function in that they prescribe a sentence (after a sentence for a crime has already been served) with no determination of guilt (Gray, 2004, p.42). A fundamental principle of legality  serving to provide the states exercise of power over the citizen with a semblance of legitimacy  is that punishment needs to be based on a finding of guilt, such determination of guilt being based on an actual past act, as opposed to a potential future act (Keyzer, Pereira  Southwood, 2004, p.248).

The Act must then, due to its proposed lack of legitimacy, be passed upon and take into consideration issues of the violation of fundamental human rights. Liberty is one of the most fundamental human rights (OGorman, 1998, p.2). Constituents cannot be arbitrarily deprived of their liberty, within a democratic state at that.

Additional issues relate not only to the challenges in assessing risk, but also in determining a balance between community protection and individual liberties (Biles, 2005, p.3).

Arguments in favour of the Act
Though there are very clear human rights infringement concerns and constitutional questions relative to the Act, proponents have suggested that there are many ways in which the Act can survive despite the continuous challenge of its constitutionality. Studies show that sex offenders are not uniform in their requirements for effective deterrence (Smallbone  Wortley, 2000, p.67, 76). Therefore, it is appropriate to consider a standard for continued incarceration on the basis of a considered enquiry such as this one. This is supported by the fact that offenders are dishonest about their acts which are constitutive of offenses. Thus, an objective standard should be used to determine what their responses to rehabilitation initiatives could be (Smallbone  Worltey, 2000, p.75). The foregoing is in line with the current shift from the punishment fits the crime to the punishment fitting the offender scheme (Ronken  Johnson, 2008, p.7).

Further, proponents also noted that the real scope of the Act must be considered because the Act is not a permanent inhibition to release  and therefore not a permanent deprivation of liberty  but merely just a prolonged one (Smallbone  Wortley, 2000, p.75). It also serves, very importantly, to encourage offenders to properly involve themselves more in their rehabilitation programmes (Ronken  Johnson, 2008, p.6). As Maconochie has quoted, certain types of sentencing are designed to place the prisoners fate in his own hands (Daunton-Fear, 1967, p.335).

The most important benefit of the Act, which also served as the fundamental reason for its drafting, is that any deprivation of individual rights has been done in consideration of the rights of the community, which is taken with priority (OGorman, 1998, p.7 Daunton-Fear, 1967, p.350). The balancing of rights is not only a conceptual act, but also a legitimate one in a pluralistic society (Alexy, 2003, p.136). In other words, the fact that some individual rights may have been potentially violated does not automatically mean that said violation is unjustifiable - rather, it is an inevitable result of competing interests within the society. If one then considers the European Courts ruling that such an infringement can be justifiable (especially if the sentence is particularised and review procedures exist), the non-permanence of the sentence  and its express allowance for review and appeal proceedings - becomes a strong indication of the Acts constitutionality (Biles, 2005, p.52). This is enhanced by the fact that the final decisions in detentions are made by an independent judiciary, which utilises impartial decision-making procedures. As long as the test for risk is strongly connected to considerations of the prisoners ability to reform, the call for other forms of detention is diminished as community protection appears justified (Campbell, 1993, p.83). Practically, too, very few prisoners have actually ever been considered under the provisions of the Act (Campbell, 1993, p.82).

Justifiability under correctional goals
While the positions of each side were briefly expressed, these arguments should be considered in sum against the typical goals of sentencing. Importantly, it has been noted that
 it would be archaic to limit the definition of punishment to retribution. Punishment serves several purposes retributive, rehabilitative, deterrent  and preventative. One of the reasons society imprisons those convicted of crimes is to keep them from inflicting, future harm, but that does not make imprisonment any less of a punishment (United States v Brown 381 US 437 (1965) at 458).

The main purpose of imprisonment is not only to punish an offense, but it also serves as a deterrent (Keyzer, Pereira  Southwood, 2004, p.150). The question then arises what purpose does this form of sentencing serve As seen, the key goal is to maintain community safety (which is neither retributive nor deterrent), but does this goal relate to other correctional goals The proposal seems the best manner to associate its goal to rehabilitative functions (Ashworth, 2005, p.75 Biles, 2005, p.44).

However, even if the goal is intended to relate broadly to a correctional goal, the real question is whether it has successfully achieves its goal. This is because, if the Act cannot achieve its goal, it will not be able to successfully justify the infringement of the prisoners liberty. In Australia, justifiability is considered through examination of whether a law is targeted at a legal objective, which means must then be proportionate to the goal, as well as successful in achieving it (Biles, 2005, p.53). It should be noted from the outset, though, that the Acts application to a general grouping, rather than a case by case determination, is a strong indication against proportionality (Gray, 2004).

Whether or not this Act is proportional must be considered whether there are less restrictive means available to achieve the same goal if it is to withstand challenge (Dershowitz, 1974, p.237). It must be remembered that rehabilitation occurs in and outside of prison (Daunton-Fear, 1967, p.357). However  would rehabilitation initiatives outside of prison be adequate in achieving the goal of protecting the community There are research initiatives which actually suggest yes. The threat to communities comes from recidivism levels. Research shows that what is needed to prevent offenders recommitting sexual crimes is responsive therapy, something which could be served by rehabilitation initiatives beyond prison (Biles, 2005, p.46). Even more interesting is the fact that to prevent sexual offenders from reoffending, due to their high dropout rates from rehabilitation programmes, community support from offenders family and friends has been shown to be key  something which cannot be facilitated at all by continued incarceration (Biles, 2005, p.46).

Examples of alternatives can be seen in Canada, which adapted already existing laws to try and combat the problem of sexual offenders (Queenslands adaption of an existing law would also serve to counter the argument by many that the new form of sentencing violates the prisoners legitimate expectation of release) (Biles, 2005, p.29). Canada has incorporated into the law  working upon their peace keeping laws  long-term offender designations which, on a case by case basis, are a form of continued supervision that incorporate numerous interventions and can last after detention for as long as 10 years (Biles, 2005, p.28). Such interventions are also supported by the concerns that prevention of recidivism interventions should be multi-faceted and should include sociological and situational prevention, which are initiatives that cannot be facilitated through continued incarceration (Smallbone  Wortley, 2000, p.65-70).

It should be noted that the Canadian measures have meant that more perpetrators have been subjected to their expanded measures than currently have been subjected to the Queensland indefinite sentencing measures (Biles, 2005, p.28). This actually serves, though, to expose one of the most ironic shortcomings of the Act. If the fundamental goal of the Act is to protect communities, the measures to do so are so restrictive on individual rights that courts are hesitant to utilise them, it may actually mean that serious sexual offenders are less restricted by the Queensland measures than the Canadian ones. To justify the infringement of the Act, a high standard of risk has to be shown  it would in fact be more protective of society to have a lower standard of showing a risk thereto. However, dealing with such risks must be through less restrictive means. It is, after all, the civil commitment to prison which opposition finds repugnant  not necessarily the utilisation of other forms of commitment (Keyzer, Pereira  Southwood, 2004, p.247).

Beyond sex offenders
While the Act may be difficult to justify, it nevertheless remains interesting to consider why its scope was limited to sex offenders. In Queensland, the awareness of child sexual abuse is on the rise (Smallbone  Wortley, 2000, p. ix). The communities at the time that the Act was passed had expressed growing concerns not only about the nature of sexual crimes, but also about the fact that with such crimes rehabilitation was seemingly having inconsistent or uncertain results (Biles, 2005, p.18).

Recidivism rates, however, are difficult to prove. Therefore, a comparison of such rates between types of offenders is equally difficult (Ronken  Johnson, 2008, p.7). There has been no actual indication that the recidivism rates of sexual offenders would warrant a specialised intervention (OGorman, 1998, p.7 Biles, 2005, p.43). That being said, perhaps, community response and perception should be more influential indicators of moves in policy to legitimise government response (Ronken  Johnson, 2008, p.7). As the United Kingdom wrote in the forerunning of its own Sexual Offences Act, 2003 (which also shows that the Queensland social movements are in coordination with international ones)
Sexual crime, and the fear of sexual crime, has a profound and damaging effect on the lives and individuals of a community. A responsibility rests on the Government adequately to protect everyone from such crimes... (Biles, 2005, p.22). (Italics supplied)

Without empirical proof of recidivism, this Act must then surely be a risk constituting a form of unfair discrimination The judiciary have always traditionally treated crimes of a sexual nature more harshly (Campbell, 1993, p.83). However, beyond the apparent perception of the nature of such crimes, there may be in fact a greater societal purpose for it there is a known and significant under-reporting of sexual offences which should have had an impact on determining policy and treating known offenders more harshly when the opportunity arises (Biles, 2005, p.59). Further, sexual offenders are not honest about their offending acts, which can make their particularised rehabilitation difficult (Smallbone  Wortley, 2000, p.75). While this may make it justifiable to consider sexual offenders differently from other types of offenders because of public responses to their crimes and the nature of their crimes, this does not mean that the Acts form of specialised consideration is justifiable in the end.

Conclusion
Opposition to the Act tends to only push forward the notion that the Act infringes on individual liberty. At face value, this is true. Still, at least proponents of the Act have correctly identified that the argument must go beyond that  an infringement of human rights can be justifiable. What is problematic is that much of this argument around the Act gets overwhelmed by semantics. Since the question relates to its justifiability and proportionality, the fundamental point should always be to compare its aim to its outcomes in order to properly establish an answer to a very simple question is it effective The method selected by the Act does not serve to effectively fulfil the correctional goal of rehabilitation. Further, this lack of efficacy makes the infringement of individual rights unjustifiable  especially when it is considered that less restrictive means are available. While sexual offenders may be legitimately treated differently by policy, it is possible that there would have been more effective and less restrictive means by which the Queensland lawmakers could have regulated for this distinction.

Institution affiliation

Democratic policing is a new phenomenon which was undertaken in order to introduce a number of reforms in the police department. It is policing that takes place in the democratic society. In a democratic society each and every member of the society is aware of his or her rights and they ensure that they are not subjected to undue pressure or discrimination. According to Innes (2006) the reforms in the police were done in order to come up with a police service and not a police force that was responsive, capable, accountable, effective and humane. This meant that the police to be established would be able to provide customized services according to the needs of the citizens. Bayley D. (2005) notes that the democratic policing have been adopted in most of the developed countries which include United States, Sweden, Australia and Canada just to mention but a few.

The following are the characteristics of democratic policing according to the organization of security and cooperation in Europe (2008)

First and foremost the democratic police are easily accessible. This is because they are located in places near the people they are supposed to serve. The police are also willing to assist the citizens when the need arises. Secondly the police should act professional whereby they maintain and uphold the code of ethics for the police. This makes the police to have a good reputation and as a result they are respected. The public or the citizens have more confidence in the police system if it has a good reputation.

The police should also operate as a service and not a force. This is because they are supposed to be people centered and they should therefore act in humane ways protecting the lives of the people. They should not use force during their activities. In addition to this the democratic police should deliver services in time and without discrimination. The democratic police are aimed at ensuring that all the people in the society are served equitably. This means that there is no discrimination or the use of bribes.

In addition the police are accountable to the government and the people at the same time. This is aimed at ensuring that the people get quality services.  The police are also very careful when carrying out their duties since they know that the citizens are watching and they can influence the decisions the government makes. For example if an officer is said to asked bribes in order to provide a service the government can consider sacking him after discussing the issue with the representatives of the citizens.
Democratic policing should be participatory and consultative. This means that incase the people in the community have information regarding the law breakers they can provide it to the police who then act. A good example of democratic policing is community policing. This shows that both the police and the citizens are involved in the policing efforts.

The following is the mission statement for the democratic police
To change the activities of the police service in order for them to meet the needs of the people in the community and ensure that the citizens are served without discrimination and corruption by police who uphold the democracy policing ethics, discipline and professionalism.

Functions of the democratic police.
They are supposed to serve the citizens at the time when the service is required and without discrimination. They should aim at protecting life and property and their duties should be guided by the constitution and the law of the land.

The following are the functions of the police according to Maguire (2003).The police are charged with the duty of maintaining an environment that makes the citizens in a community feel secure. However under the democratic policing this is not only achieved by the efforts of the police service only. The members of the communities are also expected to contribute by providing any information that can be used to maintain security.

Secondly, they are supposed to resolve conflict which could have occurred between individuals, individuals and the government or between groups.  In view of this the police are supposed to maintain peace in the community. Thirdly the police are still charged with the duty of preventing and controlling activities that could cause harm to property and life. They control the activities in the surrounding. They may for example prohibit the brewing of illegal brews that could cause some sicknesses or even death.

The police also control and facilitate the free and smooth movement of vehicles on the roads. Except for the efforts of the police there could be very many and fatal accidents on the roads daily. The police also come in handy when there is an attack or an accident. They are charged with the responsibility of helping the casualties or those who have suffered. They may administer first aid to the casualties before taking to hospital.

In addition to the above the police are also supposed to help the less fortunate in the society. The less fortunate include the mentally sick people, the children, the old and the young. For example if a child is mistreated by the parent or guardian the police may take custody of the child. The last of the functions of the police is that they should identify problems that if they are not taken care of can turn out to be very serious problems in the future.

The organization structure of the police.
Maguire E. (2003) suggests that the American police have a very complex organization structure since it has very many departments and it has also been in operation for a very long period of time. However for the purpose of this paper an organization structure for the Bloomington police department will be used. The organization was adapted from the following website httpwww.ci.bloomington.mn.uscityhalldeptpolicepoorgcht.htm. However in the case of democratic policing there will be a provision for the citizen groups who work in collaboration with the police service.

The political relationship of the police and the political leaders.
It is the duty of the democratic police to commit them to ensuring that they support democracy and do not become political. In a bid to support democracy they should protect rights of the citizens the serve which are the freedom of assembly, speech and peaceful protest. The police should also be accountable to the government and to the people through some channels such as the representatives of the citizens.

They should only be controlled by the government through the law and not through political parties. The police should also be protected from being used to serve certain political parties at the expense of the citizens. In order for the police to not be interfered by the political system it is important that both the chief of police and the prominent politicians support the view that the police should be separated from the politics.

How the democratic police will work with the people.
According to Oloan (2002) the democratic police should work in a collaborative manner with the citizens. They should serve the citizens impartially but also the citizens should help the police in carrying out their duties. The citizens can do this by providing information they have that the police could use in their efforts of trying to maintain peace and security in the society. For example a citizen may come across criminals who he or she hears planning to attack either an individual or a community. The citizen should call the police and inform immediately.

Stone C. and Ward H. (2000) notes that police in the democracies carry out their operations just like the regular police but the only difference is that the democratic police are guided by some seven basic principles which are the police should follow the code of ethics for the policemen they should aim at protecting life at all times, the police should act in ways that are known to the people in the community. In addition they are charged with the duty of protecting life and property. The police are also supposed to adhere to the constitution and laws when carrying out their practices. The police are also answerable to the citizens.

The role of the democratic policing is to ensure that the police and the citizens collaborate in ensuring that there is security in a locality. The organization for security and cooperation in Europe (2008) states that democratic police are aimed at serving the people in the community as soon as there is need and provide the services in an equitable manner. The services that the police provide are different since the services to be provided are determined or dictated by the need of the citizen.

Sen, A. (1999) also notes that in democratic policing the police are answerable to the state, the citizens, the law and the representatives of the citizens. To ensure that the police are transparent in all their activities such as recruitment should be monitored by other parties who are independent in that they do not have an interest. This could be guided by citizens who do not have children that they may want to join the police service. In the democratic police there is free flow of information since communication is encouraged in order for them to get a feedback of their service provision form the community.

Despite there being good things in the society there is also some instances of bad occurrences. This means that if the citizens are not satisfied with the services provided to them by the police they should first and foremost complain to the representatives of the citizens who then confront the officer the citizen is complaining about. If the citizen representative and the officer do not seem to come to a consensus the citizen representative then confronts the immediate boss of the officer. This can continue up and until when a solution is found.

In conclusion it is worth noting that the police discovered that change is inevitable. They realized that if they have to remain relevant in the society they should work at changing their ways of running their operations. They discovered that there was a need to provide customized services according to the needs of each and every individual citizen. The citizens were also glad that the police charged from being a force into a service that could interact freely with the citizens. They work in cooperation for the benefit of all the parties involved. The police are also willing to ensure that they produce service equally to every citizen without asking for bribes. They do not also mix the politics with their work which means that there is the provision of better services.

Topic 2 Terrorism.
Each and every state or government has some measures, practices or strategies used by the police and or government in order to prevent and solve terrorism attacks when they happen. Terrorists attacks are mostly political and sometimes they are also aimed at impacting on the public.  Tully E.J. and Willoughby E. L. (2002) notes that the terrorist use violence to make people realize that they have a grievance. However he notes that the acts of the terrorists cause a lot of economic loss to the affected country. Innes M. (2006) argues that the attacks could be directed towards a symbol that is highly regarded in the society. The attacker may be against the symbol and thats why he attacks it. A good example of this is when the pentagon building which was the indication of the United States military power was attacked. The attackers were only trying to protest against the way the United States military officers were carrying out their operations.

Zalman (n.d.) explains that state terrorism is whereby some people in the government use threats and therefore instill fear in the citizens. This is done so that the citizens conform to all the rules and regulations without questioning them. For example some military dictators have maintained power by using this strategy.

Secondly the attack may be directed to certain public places where many people visit. These attacks are likely to harm so many people. A good example is when the World Trade Center was attacked. Laycock and Webb (2005), states that it is important that a Government should protect its infrastructures because these can be targeted by the terrorist. The terrorists know that once they destroy the roads, seas, rails, tunnels and bridges the economy of the country is badly affected. There are so many other infrastructures such as the communication lines for example the postal service. The terrorist may also target the public places such as the hotels and restaurants, movie theaters among others. The water plants should also be protected since they could be poisoned which could result into the death of so many people. Additionally the banking system and the energy plants should be guarded against terrorist attacks.

Oloan (2002) noted that terrorism affects the activities of policing. She continues to state that the police officers are not armed against terrorist attacks but against murder only. As a result the police are not ready to intervene in the case of a terrorist attack. In the contrary the police stations are heavily armed to resist bomb attacks.

She also notes that since Northern Ireland had lived in terrorist for over thirty years in the period between 1969 and 2002. During the period she continues to state that so many people lost their lives. Three thousand and fifty two people were killed and nine hundred and fifty seven security officers among whom three hundred and two were police officers.

Innes (2006) notes that police are usually deployed to the terrorist scenes in order to patrol the place. They ensure that no property is stolen from the scene. In addition she observes that the anti-terrorist branch and the special branch officers are supposed to carry out investigations in order for them to counter terrorism. They should collect necessary information that can be used in the courts. The information can be used to charge the terrorists.

Oloan (2002) also supports the above sentiments because she writes that the anti-terrorist and special branches are the two most important arms of the police. The departments should also be developed in future and they should be fully equipped. This because they could train informants. These people prove to be important since they alert the police whenever they have any information regarding a terrorist attack. The police could also be accused of killing people during their operations.

To avoid terrorism attacks or to be able to act rapidly after an attack all the security officers should work together. The federal, state and local security officers should join hands. 

Perl (2003) feels that in order to ensure that the police are more involved and prepared to confront terrorist attacks the police could be involved in the security screening operations. They should be trained on the tools and materials used in the efforts aimed at intercepting criminals and dangerous chemicals or equipments. These are mostly used in the airports to ensure security in the airports. The police should also be involved in workshops in which they are trained on how to maintain security for example in the ports. In Guatemala all the people involved in ensuring security at the ports are given these trainings.

Additionally all the travel documents used by the travelers should be ascertained whether they are real documents or fake ones. This is because in moist cases the terrorist do not have the real documents since they sneak into a country just to commit an offence and then leave. Customs and immigration security is also very important. All the people involved in this issue are given training for them to work appropriately. They are trained on how to interview people visiting the country, how to examine the luggage among other many things. These are some of the measures that can be put in place so that the police can be involved more in the efforts of combating and preventing terrorism. They can be trained in the above areas as well as their mandate being reviewed so that they can be involved in the counterterrorism efforts. Most police in different locations all over the world are only supposed to handle local criminal issues. They are therefore only deployed on order at the crime scene to keep guard.

The police are concerned with internal security and on the other hand state terrorism may be an issue that is beyond the boundaries of a certain country. As a result of these the police cannot succeed in combating terrorism if they remain within the legal limits.

In conclusion Lock and Webb (2005), notes that the United States and the other countries can fight terrorism in way that no animosity that results. He states that the communities can fight terrorism but still maintain a unified society and the cordial relationships that were there originally. He also notes that of paramount importance in the first instance is trying to avoid terrorism since causes the economy of a country to deteriorate. This is because the investors fearing investing and the already established businesses could also be destroyed losing huge sums of money. There is also loss of life and property.

Defense Against Terrorism

Civilized society is dependent on systems of laws that govern our actions and ensure a peaceful coexistence among people. In the development of governments, several theories have risen through ages as to which philosophy or way of thinking should inform governments and how they relate to other countries. Among the top ideas that govern international relations is the concept of realism. This school of thought advocates a defensive stance for countries and governments, putting more importance to national security over diplomatic relations or similar ideals. The idea is based on the belief that human nature will always take over ones decisions and actions and those biased emotions can lead to conflicts. Thus, governments must accept this reality and be more protective of itself, even to the point of aggression.

Globalization and Terrorism
The emerging global economy has stripped down previously enduring geographic and political boundaries, leading to deterritorialism or the blurring of lines that separate one country from another. As economies and businesses impose itself upon the sovereignty of one nation, it also brings with it threats such as terrorism and war. (Collins, 2007, p. 54) Indeed, the evolving global order has created a community of countries whose fates are so intimately linked with one another.  The irony is that while international relations are more important than ever, it also heightens security risks, which in turn make such relations more important than ever. (Hough, 2004, p. 4) The international system creates a cycle of benefits and risks that perpetuate itself and actions by one country can create a ripple effect that has profound consequences on a possibly global scale. (Evera 1998, p. 40)

The long history that scaffolds the situation in Afghanistan makes President Bushs fight against terrorism on Afghan soil look very controversial. In fact, his platform of war against terror has polarized much of his people. The decisions and actions made in the 1960s during the Afghan-Soviet war were necessary in that day and age, but it cannot justify a full-blast war against a nation whose only tragedy was to be caught in the conflict between superpowers. Indeed, there are those who say that the Taliban is an offspring of the Afghan militia who were once trained by the United States to fight Soviet forces. The people whom American soldiers trained are the very same people they are now coming back to rage a war with. Whatever disagreements or misgivings that countries have over major issues should be discussed and resolved so that a united front can be projected at all times. In any war, the perception of weakness or lack of resolve spells the difference between victory and defeat, and if the world is to have a chance against terrorism, it can only do so with the cooperation and active involvement of everyone concerned. Indeed, our hopes of a better world can only be achieved when we set aside doubts and be resolved in our actions, but that thinking should be tempered with diplomacy and good will.

War is always controversial because it means the mass killing people and the destruction of a way of life. As such, it should always be an option of last resort, after all other avenues have been explored and have failed.

The Just War Theory maintains that war can only be justified when several elements have been met. They are the following that the damage caused by the aggressor is severe and enduring that all other options for a peaceful resolution have been exhausted and ineffective that the war must be viable or should have a high probability of success and the use of armed violence will not sow greater conflict of greater evils. (Orend, 2006)

Taking these elements into consideration, the latest war on Afghanistan by the United States may not fall into the category of a Just War. While the 9-11 attack on the Twin Towers of New York City is truly fearsome and devastating, the group who perpetrated the attack are composed of terrorists from several countries, not from Afghanistan alone. Very little effort was made to seek out a peaceful resolution to the war against terrorism. In fact, there was a call to arms immediately after the 9-11 attack. This may be largely attributed to the swelling of emotions, but emotions should be the last consideration for war because emotions are never reasonable. War should be decided through lucid deliberation because of the long-term and polarizing effects it can have on the psyches of the people whose countries are involved in the war. The United States could have launched isolated attacks on known Taliban strongholds instead of proclaiming war on the entire helpless country. (Orend, 2006).

The United States could have again asked for the help of Pakistan to negotiate with the Afghan people to bring the Taliban down. (Riedel  The Annals of the American Academy of Political and Social Science 2008) There were so many other options that were not done in the haste to look for justice. The only requirement that would justify this war is that it has a high rate of success, which eventually it turned out to be. But at what price Have we really ended the war on terror or have just created a new breed and generation of enemies The United States should be careful and never employ too much violence in order to get justice. After all, this is cause of many wars over the course of our collective histories and we should be careful that we are not caught guilty of doing the same acts of terror that we are trying so hard to put an end to. (Orend, 2006)

The success of some countries at preventing an extremist operation has brought to fore the importance of diligence. It has been said time and again that insurgents are always one step ahead, but they are only humans, and are prone to error as well. Europe as a target must come together in the effort to discourage would be attackers, and intelligence reports must always be given proper attention. The success of Germany against this recent terrorist threat is a testament to the things that could be achieved with an efficient and dedicated police force as well a vigilant and alert government, willing to be criticized in order to protect its people.

On yet another front, most people are baffled that while Bush has been aggressive on Iraq and Afghanistan, he has been rather taking a consistently soft stance on other known havens for terrorism such as North Korea, Syria, and Iran. Hillary Clinton has been particularly vocal about classifying Irans Iranian Revolutionary Guard as a terrorist group, and thus take appropriate, UN-approved sanctions against them. However, while the move is getting support in the United States, other countries have taken a more cautious stance, saying that to classify an Iranian group as a terrorist is to openly invite conflict against the country. (Smelser et al, 2002, p. 192) While most of Europe is agreeing that additional pressure must be exerted on the Iranian government, some, especially Russia, France, and Germany, has been particularly concerned about how this recent move will affect current negotiations with Iran.

The disagreement over the imposition of sanctions against Iran may send out wrong signals, especially to terrorists who may see this as a weakening of the resolve to stop extremism. As such, the United Nations must always be clear in sending an image of unity because to do so will be to the advantage of the enemy. Whatever disagreements or misgivings that countries have over major issues should be discussed and resolved so that a united front can be projected at all times. In any war, the perception of weakness or lack of resolve spells the difference between victory and defeat, and if the world is to have a chance against terrorism, it can only do so with the cooperation and active involvement of everyone concerned. Our hopes of a better world can only be achieved when we set aside doubts and be resolved in our actions.

These examples underscore the fact that the international system and the global order have influenced the way governments have ruled over their own countries. (Booth  Dunne, 2002, p. 48) As such, countries can no longer afford to become overly protective. World leaders, as led by the newly elected Barack Obama should take an idealist stance and reach out to countries and seek avenues of peace. Leaders should trust that while human nature can drive people to violent acts, they will only do so when threatened and afraid. People, regardless of culture or race, will always prefer a peaceful and orderly coexistence over endless war and terrorism. (Vermaa, 2007, p. 217)

Anarchy in Order
If there is one particularly adverse effect of globalization, and one that heightens the risk of terrorism, is the homogenization of culture and the subservience of minority or ethnic cultures and languages under the dominant one. (Whittaker, 2006, p. 86) It is a phenomenon that if allowed to continue unabated can lead to the extinction of minority cultures, which in effect can lead to the loss of the identity that renders individuals with their own creative uniqueness. In a world that purports to celebrate diversity, it is ironic that the international system seems to be leaning towards homogenization or the standardization of forms. (Howard, 1992, p. 91) Globalization necessitates the need for the homogenization of communication and business culture because only in this kind of atmosphere can trade relations and transactions thrive.

In the process of seeking homogeneity, the international system goes against the very nature of humanity. The rules of conformity suppress the need to be able to express ones self in an individual manner, and thus find expression in other ways. That is why the international system, while seeking homogenization, is inherently anarchic because the very people that it seeks to homogenize are inherently different and free. This can be seen with the consistent fate of oppressive political leaders. Eventually, the people will rise up in arms to revolt against an overbearing government. An oppressive government will always succumb to the power of the people. It is only a matter of time. And history has proven this time and again.

The same goes true for an international system. Sooner or later the economies of scale would tip the balance and one party would suffer in the arrangement. International systems are fragile in the sense that it seeks to impose standardized ways of doing and thinking. Eventually citizens would feel the imposition and begin acting in defiance. When this rebellion reaches critical mass, the whole country may lash out at the imposing foreign country, resulting in what we now call as war and acts of terrorism. (Booth  Dunne 2002, p. 53)

We should do well to remember that wars are acts of pain, acts of anger towards a perceived sense of violation. Wars and terrorists are products of their times and circumstances. They are the manifestation of a world gone mad. Indeed it may be said that terrorists are only instruments of those have vested interests in keeping insurgency alive. Ideologies are being used for commercial ends. (Sen, 1999, p. 15) In the final analysis, the war against terrorism is not about who is right or wrong, but is more about who stands to earn more from the death and suffering of so many innocent lives.

If the global order is to have any chance for success, every country should seek to respect the culture and traditions of another. Rather than imposing conformity, the international system should hope to find common ground amid the diversity. (Baylis 2007, p. 18) Developed countries that encroach upon poor countries should keep in mind that the root of any insurgency is always a sense of violation, and it can only be healed with acceptance and respect. We all should very well heed the lessons of history and begin taking steps towards reconciliation and acceptance. Anarchy is inherent in any repressive system.

Indeed the war against terrorism involves the very delicate and difficult task of recognizing insurgents even before they become they commit a terrorist act.  This is a very sensitive issue that is highly prone to misuse and abuse by the authorities. Patels case should serve as a model because it was done with careful investigation and discretion. As such, extreme caution must be taken in order to ensure that our need to weed out terrorists will never be used as an excuse to step on our rights and dignities as human beings. The cause of peace and stability should not be advanced at the expense of a world where our individual freedoms are respected an upheld.

The public should be careful in making hasty conclusions. People have the right to express their opinions, no matter how contrary it may seem to the majority. In our efforts to curb terrorism, we should be wary of making hasty judgments, which can worsen an already dire situation. While laws should govern actions such as the ones exhibited by Siddique and should have its proper consequences, the fact still remains that a supporter of a belief does not necessarily make one a terrorist. For all intents and purposes, Mohammed Atif Siddique is guilty because he advocated the use of violence, and that is what separates the extremists from supporters, and the authorities and the public should always bear that in mind. We all have the right to support a cause, but never to support violence to advance an ideology.

Democratic Policing
If the fight against terrorism amidst a global economy is to have any chance for success, every country should seek to respect the culture and traditions of another. (Lesser et al, 1999, p. 78) Rather than imposing conformity, the global community should find common ground amid the diversity. (Baylis 2007, p. 18) Developed countries that encroach upon poor countries and impose their products and services should keep in mind that the root of any insurgency is always a sense of violation, and it can only be healed with acceptance and respect. We all should very well heed the lessons of history and begin taking steps towards reconciliation and acceptance. Anarchy is inherent in any repressive system. (Cragin  Chalk, 2003, p. 138)

A big part of the war against terrorism can be conducted without an actual war. It can be fought on so many fronts, like economic sanctions. (Ahmad  Barsamian, 2002, p. 65) Indeed the global community can have a far greater chance at success of fighting terrorism if it capitalizes on the unique heritage indigenous to a country rather than imposing uniform products without any room for variations. (Laqueur, 2004, p. 17) The war against terrorism in the face of globalization should be about celebrating diversity rather than homogeny. When each place has something unique to offer, we protect our heritage and we keep the worlds tenuous peace.

Guantanamo A Case of Defense Gone Wrong
The Guantanamo Bay or Gitmo, became more important during the Cold War. When Cuba allied themselves with Communists, all diplomatic ties were severed between the neighbors. The base has been subject to much tension, which forced it to became self-contained and self-sufficient in order to continue its operations in the volatile area. Right now it remains one of the most controversial bastions of Cold War paranoia and the military and intelligence tactics that continue to be practiced among enemies. Over the years, the Guantanamo Bay has evolved to become a detainment facility for prisoners of war and enemy combatants.  The Gitmo is believed to be the venue for keeping suspected international terrorists, in light of a post-911 world.

The issues surrounding the modern use of Guantanamo Bay in the war against terrorism lies in the possible abuses that may be done on prisoners of war and enemy combatants. In the United States, the term enemy combatant has a more sinister meaning. The term is usually referred to alleged or suspected members of known terrorist groups such as the Taliban. They are being held in the Guantanamo Bay as part of the United States war on terror. Thus enemy combatants are actually perceived as those who are active enemies of the United States and their allies and are not just enemies because of circumstances such as an ongoing war. Enemy combatants do not have the same rights as prisoners of war who are protected by the United Nations. As the United States uses it, the term enemy combatants refer to unlawful or unprivileged combatants who engage in extreme acts of terrorism to advance an ideological cause. The nature of their war requires them to use deception and they are not easily identifiable as soldiers. Those that are reported to be enemy combatants can be held and interrogated for an indefinite period of time. They are denied any legal rights and cannot implore the right to an attorney or to trial. As such, to be designated as an enemy combatant can spell the end to ones life, given the current tensions that surround the war on terror.

Indeed the war on terror and the use of enemy combatant status to keep a person in detention lies on an effective system of intelligence. There should be no room for mistakes especially when it is a matter of life and death and national security. One cannot make the designation arbitrarily just because one looks a certain way or subscribes to a religious belief. (Corlett, 2003, p. 91)

Prisoners of war on the other hand are necessary products of a war. Countries that wage war against one another draft soldiers to fight in the frontlines. These soldiers do not necessarily believe that the other country is bad, they just happened to be on opposite sides of the battlefield. Prisoners of war may be captured during the conflict and may be detained longer for several reasons, but not without guidelines under the Geneva Convention. Prisoners of war should be well provided for and treated humanely by their captors. They cannot be executed without due trial and are usually freed after debriefing or formal repatriation plans have been planned.

The Guantanamo Bay has held many enemy combatants and prisoners of war, especially in light of current terrorism acts. The important thing is that whether one person is a POW or an enemy combatant, they are still human beings whose inherent rights should never be violated. The United States should be careful and never employ too much cruelty in order to get information. After all, this is cause of many wars over the course of our collective histories and we should be careful that we are not caught guilty of doing the same acts of terror that we are trying so hard to put an end to.

Conclusion
As an idealist, this writer subscribes to the philosophy that whatever values we hold true in our country should be the same values that we use to frame our relations with other countries. If we are keen on upholding human rights and peace within our countries, then it should be the same ideals with which we use to deal with other countries. We cannot straddle the moral and ethical fence when it comes to international relations because we cannot support an ideal and discard it in the name of national security. Such an attitude would only wreak more conflict in the end.

Humanity is never gone, even in the most hardened of criminals. In particular, terrorism is a highly emotional situation, and those who become one are never without any feelings. On the contrary, their strong emotions are being used by other people in order to get them to do what they want. Keeping that in mind, we should all do well to remember that an act of terrorism is an act of pain, an act of anger. (Marks  Fleming, 2006, p. 311) Terrorists are products of their times and circumstances. They are the manifestation of a world gone mad. And as long as people can be pushed towards acts of terrorism, then that means that we all have to step up and be more concerted in our efforts to create a kinder, safer world for all of us.

Psychological, Sociological, and Economic Factors That Affect Recidivism Rates in Maryland

This research will explores how psychology, sociology, and economic well-being of the community all play a role in a criminals offenses. Often, psychological disorders are paired with non-conformity in a bad economical state. When all three mix, the tendency for the criminal to repeat the behavior is increased. With a partnership among criminologists, psychologists, and sociologists, plans can be developed to individually treat and rehabilitate each offender. The study will identify what psychological, sociological and economic factors affect rates of recidivism.

Psychological, Sociological, and Economic Factors That Affect Recidivism Rates in Maryland
Introduction
One important study in the field of criminology is that of recidivism.  Once recidivism is explored and well understood, it may be possible to reduce the crime rate in certain scenarios.  When researching recidivism, it is important to look at all factors that may be of influence to the offender.   This paper will take a thorough look into psychological, sociological, and economic factors that may play a role in repeat offenders. Once knowledge is gained regarding common psychological, sociological, and economic issues that trigger repeat offenders, those issues can be addressed and the person can be rehabilitated after the first offense so that he or she does not continue circulating through the system.

Significance of the Study
The results of the study will be critical in reducing the rate of recidivism by addressing the psychological, sociological, and economic factors that affect recidivism rates. It is imperative that the causes of the increase in recidivism be established so that the justice system will have a basis on what needs to be done to reduce it.

Literature Review
Before exploring what causes recidivism, it is important to understand the definition of recidivism. The word recidivism, according to the Merriam Webster, is a tendency to relapse into criminal behavior.  Recidivism is more common in certain crimes such as property offenders and drug criminals. The study of repeat offenders has been a major issue in hopes of reducing crime committed by individuals who have previously been involved in the judicial system.  According to the Bureau of Justice Statistics 67.5 of prisoners released in 1994 were arrested within three years, an increase over the 62.5 found for those released in 1983. Even though rearrest rates increase for property and drug offenders, the rearrest for violent offenders remained relatively stable (Langan  Levin, 2002).

The 1994 recidivism study estimated that within 3 years, 51.8 of prisoners released during the year were back in prison either because of a new crime for which they received another prison sentence, or because of a technical violation of their parole. This rate was not calculated in the 1983 study.  (Langan  Levin, 2002)

According to the Organized Crime Digest in 2006 fifty-six percent of the violent felons convicted in the seventy-five most populous counties from 1990 through 2002 had a prior conviction (56 of violent felons are repeat offenders).  Having this large amount of repeat offenders is a major issue facing criminal justice professionals. This large amount of repeat offenders clearly shows that all aspects of the criminals life need to be evaluated. It is critical to attempt to rehabilitate offenders before letting them merge back into society. As the judicial system continues to delve into the study of recidivism, sexual offenders are treated with caution. According to Ryan King, researcher at The Sentencing Project, the corrections system is clearly being very cautious about who is being released from prison for sex offenses. Its a very significant concern with the public (Associated Press, 2003).

One of the first things that should be explored with criminals upon their first offense is the stability of the offenders psychological state.  J. Steven Lamberti, M.D. published Understanding and Preventing Criminal Recidivism among Adults with Psychotic Disorders. Lamberti begins the article by writing
The high prevalence of adults with psychotic disorders in the criminal justice system had received much attention recently, but our understanding of this problem is marked by diverging opinions. Mental health professionals point to deinstitutionalization and our fragmented mental health system as primary causes. Criminologists minimize the role of mental illness and contend that persons with and without mental illness are arrested for the same reasons. Meanwhile, practice guidelines offer little guidance to clinicians about how to address the problem. (Lamberti, 2007)

Majority of criminals possess some sort of mental illness. There must be a great working relationship between mental health professionals and criminologists. Oftentimes, a psychological problem has not previously been diagnosed for different reasons. Most criminals have not had access to a mental health professional until they find themselves in prison. Since mental health professionals are not always accessible, patients with schizophrenia and other psychotic disorders are unlikely to receive adequate treatment within correctional facilities (Lamberti, 2007).  The Department of Justice shows that inmates that have been diagnosed with a mental illness only receive medication to treat their disorder (Ditton, 1998).  While criminals are in custody, their mental health should be carefully studied, diagnosed, and treated. If the criminals psychological disorders can be treated with therapy andor medication, successfully rehabilitating them may be much easier.

Because mental health has become such a pressing issue in the courts, mental health courts have been formed. The goals of mental health courts include

To improve public safety by reducing criminal recidivism to improve the quality of life of people with mental illnesses and increase their participation in effective treatments and to reduce court-and-corrections-related costs through administrative to incarceration. (Almquist  Dodd)

Policymakers and practitioners have partnered to address the issue of psychological disorders among the incarcerated.  Both recognized a great opportunity to address and rehabilitate the psychological problems.  Not only will mental health courts help these offenders return to society as productive citizens, but it will also help with the costs involved with keeping them in prison or another type of institution. Upon the partnership of policymakers and practitioners, Mental Health Courts have become one of the most popular outcomes. The mental health court combines court supervision with community based treatment services, usually in lieu of a jail or prison sentence (Almquist, et al). If a mental illness plays a major role in the repeat offender, there is a good chance he or she will be better served through a mental health court. The offender has previously been in the system and obviously was not completely rehabilitated. Rather, they commit the same type or crime or a totally different crime. If a serious psychological disorder such as schizophrenia or depression is found, that person may not be best served by being incarcerated. With the implementation of mental health courts, the options of retribution as well as rehabilitation are increasing. According to Mental Health Courts A Guide to Research-Informed Policy and Practice

Mental health courts are more effective than the traditional court system and jails at connecting participants with mental health treatment services. Over time, mental health courts have the potential to save money through reduced recidivism and the associated jail and court costs that are avoided, and also through decreased use of the most expensive treatment options, such as inpatient care. (Almquist, et al).

Once the people studying mental health courts research a bit more who is best served by this type of court, the court can be improved and perfected. In 2006, eighty-seven mental health courts only accepted offenders convicted of misdemeanor crimes. Ten percent of the mental health courts accepted only those convicted of felonies while fifty percent accepted offenders convicted of both felonies and misdemeanors. Those organizing the mental health courts recognize the importance of diagnosing mental disorders and treating those disorders in hopes of decreasing the percentage of recidivism. 

While mental health courts are in place, it is criminal recidivism as it pertains to the adult psychotic offender.  Cognitive behavioral therapy reduces recidivism in both juvenile and adults (Clark, 2010, p.22). There are mental health professionals available to employees within the judicial system and within the prison, but in order to acquire the best results in reducing recidivism, the criminologist needs to be aware of causes. In order to develop effective prevention strategies, it is necessary to understand why adults with psychotic disorders enter the criminal justice system (Lamberti 36). Often, a fragmented mental health system is blamed on psychotic adults entering the system.  However, this cannot be the only case as not all adults with serious psychological disorders become criminals (39). When researchers have studied criminal recidivism, they found that while a psychological disorder may be present and may play a role in the offender committing a crime, it is often not only the motivating factor for the crime.

In addition to the psychological state of the repeat offender, it is also relevant to explore the sociological past of the criminals. The prevalence of antisocial personality disorder is significantly higher among adults with schizophrenia than in the general population (Lamberti, 44).  During 1981 and 1982, the Minneapolis Police Department conducted a study to determine the effect of offenders repeating a criminal act of some sort. The research showed that recidivism increased among those that did not conform to societys norms (Shermen  Berk, 1984).  When people are raised without the respect of what society considers normal, such as marriage and employment, they are at a higher risk of committing a crime. Without a normal sociological upbringing, the lines between right and wrong become intertwined. Once the experiment conducted by the Minneapolis Police Department culminated, Sherman stated, If we ask whether arrest influences the subsequent violence of those arrested, the answer are that, in general, it depends on the arrested persons stake in conformity. Arrested persons who lacked a stake in conformity were significantly more likely to have a repeat offense (686).

There is more in the realm of sociology to be explored than simply non-conformity. It is also important to look at that group of citizens committing the crimes and the repeat offenses.  When theories and research revolving around chronic offenders, the question was raised  is it a small amount of the population committing crimes or is it a large amount of one time offenders  Robert Tillman discovered that, recent longitudinal studies of criminal careers have drawn attention to the existence of what are referred to as chronic offenders or career criminals who appear to contribute disproportionately to the crime rate (561). Since non-conformity to socio-norms among offenders and the fact that repeat offenders are contributing largely to the crime rate, it would be beneficial to incorporate employment into some offenders rehabilitation.  Sociologists have explored turning points in peoples lives, including the lives of repeat offenders.  During that research, come concluded things such as employment made for a turning point. With employment, the offender begins to feel important as well as a contributing factor to society (Uggen  Staff, 2004, p.529).

Along with psychological and sociological disorders, the offenders current economic state plays a huge role in whether or not the offender will commit a criminal act once again.  When offenders are able to find and maintain employment, their rate of repeating criminal behavior is reduced greatly (Myers 1983). When the economy is thriving and jobs are plentiful, offenders are able to find work. Employment keeps them busy, and they do not have free time on their hands to commit crimes. A good economy also means plenty of money is circulating therefore, there is not much need to steal from another (Boland 126).

Methodology
The research methodology will utilize existing data. It will constitute of a literature review and an analysis of existing data on recidivism rates in the state of Maryland. The researcher will coordinate with the local Justice Department and Bureau of Jail Management in order to get data recidivism rates. The data will be analyzed taking into consideration what psychological, sociological and economic factors have been found in existing literature

Discussion
Psychological disorders paired with substance abuse andor sociological issues are common factors among repeat offenders. The economy also plays a role somewhat when things are bad.  Until rehabilitation is more individualized and focused more on the actual treatment of the offender, the recidivism rate will not increase. Treatment plans need to be personalized and it needs to deal with the mental disorders as well as show the importance of conforming to society.  Criminologists should be more concerned with healing the offender and finding what keeps them out of trouble, rather than retribution.

Description of a Parole Officer

Parole officers as defined by Feldman (2003) are the persons charged with supervision of criminals who are freed from jail on parole. This is to ensure that the released offenders are compliant with the terms stipulated in their parole. They help in reintegration of the ex-offenders in the community and in reducing their possibility of committing crimes in future. There is a thin line between the parole officers and the probation officers. While the parole officers supervise those released on parole from jail, the probation officers are charged with the supervision of offenders placed on probation as an option for jail term. According to Gardner (1996), the two roles are sometimes done by one person as is the case in some states.

In this article review, the major issue is the model the parole should use to contain the surging crime rate in America. Crime has been a major issue in the US society and most authors contend that building more prisons and locking offenders longer would not help much in the fight to reduce crime rate. The problem with the system is that most criminals would still find their way back into the society and in most cases find themselves on the wrong side of the law (Cote, February 2003). There are calls to find means of turning the American criminals into good citizens who would obey the law. And tougher laws to fight crimes would not yield much if the previous statistics on re-offenders are anything to go by (Kleiman, July-August 2009).

A study was done among adolescents with Emotional and Behavioral Disorders in juvenile correctional institutions to determine whether reading problem could be minimized through instructional programs. The study attempetd to research on the ways of improving reading skills among adolescents especially those with EBD (Deboer, Malmgren,  Glass, 2006). This was done through generating of some of the importance concepts in reading within the shortest time possible and at the same time considering the situational constraints that characterized this vulnerable group of students (Feldman, 2003).

Methodology
In the study, four adolescents with Emotional and Behavioral Disorder were chosen to participate. They were give different pseudonyms Kelly, John, Ken, and Moses. When the children were diagnosed, they had various mental problems, such as conduct disorder, attention disorder, depression, hyperactive disorder and lack of keenness. These students had come into the correctional institution with various offences, ranging from retail theft, disorderly conduct, and burglary to rape of the minors (Deboer, Malmgren,  Glass, 2006). They aged between sixteen and eighteen just before the study and had at least once encountered special education in EBD. In the sample there were 3 African Americans while the other one was white. Their reading capability varied from that equivalent to those of 4th grade to those of 5th grade.

The students were in a correctional institution that also served the adult males who were suffering from EBD. At the time of the study there were fifteen adolescents who also expected to attend four lessons in a day. Four teachers who were qualified in special education were in charge of these students. They would be placed in groups to study together based on individual students capability. The students were locked up in their cells except when attending classes (Deboer, Malmgren,  Glass, 2006).

Outcomes
The findings were really striking and the intervention was said to have achieved much on the students ability to read considering that the intervention was done within a very short period of time. Deboer, Malmgren,  Glass (2006) Suggested that although the gains made by the individual students was gradual, which was much understandable since mastery of reading takes longer period, there was a recognizable growth for every students from the start of intervention. There was also substantially improvement in the reading fluency of the students which was from 0.6 to an average of 2.3. While in comprehension the improvement saw a rise from 0.3 to an average performance of 4.1 grades.

These growths and improvements can be said to be much important in the overall development of the students. Considering that the students had not had much experience in their reading abilities before, the increases may help the students in their academic performance as well long term effects in their lives. Another important result noted during this study was that there were no significant gains made in the oral reading skills. This study therefore showed that these youths had the ability to perform well in the reading and other subjects (Deboer, Malmgren,  Glass, (2006).

Some the findings of the study also showed an overall improvement in the academic performance of the youths. As one of the teacher reported, some students who had found it difficult to read aloud in class, enjoyed reading and even volunteered to read in front of everyone after the intervention study (Deboer, Malmgren,  Glass, 2006).. Much changed as the students now had a much growing interest in the study. The students would ask their teachers about the changes in their graphs and some even carried with them their performance graphs to class.  The growing interest was also observed in their attendance of the intervention lessons. In all the 175 meetings organized by the investigators, the students did not miss any and would always ask about the next session. The study summarized that graphic representation of performance works to motivate the students as was evidenced in this study where visualization of the students performance acted as motivator.

Limitations
The study was found to have generalized the possibility of success and forgetting that this was an isolated case. The investigators had one-on-one situation to monitor their subject and again they the students felt much at ease because they encountered people from outside the correctional facility (Deboer, Malmgren,  Glass, 2006).. That freedom of having on-on-one evaluation of the subjects would not be possible with the teachers within the facilities. The strict rules employed by the investigation who basically have to be keen to have the best results possible, cannot be adhered to closely by the teachers at the facility who have a lot to do.

Although it is important that the approach should be tested more and more for its effectiveness, it would also be suitable if the teachers within the facilities are handed the role of interventionists. One major success of this study was the much improvement in the students grades which was very much remarkable since they had low grades at the beginning of the study. The individual needs of the students would be hard to achieve considering the few available teachers comparable to the number of students. The problem is compounded by the low budgetary allocation and logistic constraints that would make meeting individual needs of the students unrealistic (Deboer, Malmgren,  Glass 2006).

The data collected could not be reliable. The data on oral reading skills showed that success was nearly 98 per cent which arguably was high. But since the data were taken much later in different sessions from the interventions ones, the result can only be said to be unreliable. The teachers and other language classes could have had an influence on the improved performance of the students (Cote, February 2003).

To minimize these biases, it would be wise to have the approach used on a large scale student with similar or different configurations (Gardner, 1996). This would help to try and test its efficiency. It would also be in order if the teachers within the facilities are used as interventionists as oppose to the external investigators. This would shed much light on the reaction of students towards their teachers in such programs. Most students tend to be rebellious towards their teachers which might just limit the success of the approach.

Importance of the Study.
This study shows that with good intervention methods Emotional and Behavioral Disorder students can indeed improve in their reading skills. The finding is much important considering that most youths in the juvenile correctional facilities have a problem in reading. In most cases they are only able to read 4th grade level (Cote, February 2003). Another remarkable significance of this study is that interventions programs can have tremendous effects on the overall academic performance and the general wellbeing of the students. The period of stay in the correctional facilities is arguably short for achieving any result in remedial education. But the research has shown that with proper organization much can be achieve in reform the behavior and the educational progress of the youth. It is therefore a challenge to the planners, educators and law enforcers to look for w3ays of improving on the setbacks that hinder the reformation of youths in the correctional facilities (Paparozzi, August 2003).

Conclusion 
This study has provided the best platform for more intensive research to ascertain the efficacy of this approach in helping students or youths with serious behavioral problems and academic needs. It would be through such studies that the recidivism crime could reduce in the American society.

Book review of Death at midnight by Donald A. Cabana

Death at midnight is the story of Donald Cabana of his encounters while working in a prison called Parchman Penitentiary which was located in Mississippi. When cabana first landed in Parchman, the prison was somewhat human what with inmates being subjected to tasks such as planting cotton, vegetables and slaughtering the pigs and cows for their own consumption. On leaving Parchman a year later, Cabana returns as a warden only to find that it had been altered what with the crops now lacking and a new gas chamber put in place.

We can tell that cabana is against the death penalty judging from his adamancy to enter the chamber for years. Moreover, we note Cabanas efforts to visit the men on death row. He observed that all these men had one thing in common a disadvantaged background. In his escapades, he cultivates a special friendship with one inmate named Connie Ray Evans whose crime was murdering a convenience store clerk.

They manage to form a strong bond and through this, he is able to see just how humane Connie is judging from how sorry he is for his crime. In one instance, Cabana says, Executions strip away the veneer or life for both the warden and the prisoner. Connie Ray Evans and I transcended our environment, and the roles in which we had been cast. The two of us had somehow managed to become real people to each other. There were no more titles or social barriers behind which either of us could hide. However, their union is cut short when Connie is randomly chosen for execution by the state of Mississippi in a tide of anti-crime fervor. (Cabana A., 1998)

According to Cabana, death penalty is not the solution to getting rid of the roots of crime. He proposes first examining the causes and consequences of the protracted warfare that our system of justice fosters and then proceed thereof depending on whether we find it palatable or not, even in the face of bitter contrary experiences. He is of the belief that every human being has a spark somewhere hidden in him that will make it possible for redemption and rehabilitation.(Cabana A., 1998)

Clearly, the aim of this book is to oppose the death penalty and to show just how irrelevant it is in rooting out criminal behavior. The theme of friendship and disillusionment is well portrayed here. Cabana tries to demonstrate this using his relationship with Connie who he feels did not deserve to be executed.  The authors style in this book is both narrative and analytical because as much as he narrates his encounters and experiences in prison, he is also quick to analyze and form an opinion regarding the justice system.

Direct Supervision Design in Jails

Should there be a jail design for the new generation The world was thirsty for a new jail design and perhaps their quest was answered when, after 200 years in 1983, new concepts of jail design were introduced, among them direct supervision (Beck, 2006). The new jail designs evolved to address the increased violence caused by the overflowing jails (Sechrest, 2002). They were accepted by several professionals and institutions such as National Institute of corrections, NIC. Direct supervision was then embraced by AJA (American Jail Association), ACA (American Correctional Association) and not withstanding, Committee on Architecture for Justice of the American Institute of Architects (Beck, 2006). Direct supervision jail design has been used in hundreds of jails and is credited as the best when compared to other designs (Wener, 2006).  Choosing a design that is effective by commissioners is a difficult task because these concepts on jail design may be unfamiliar. In addition, in selecting a design, a commissioner must accommodate mistakes that are bound to affect the inmates and their staff, as a result of the employment of the new design (Beck, 2006). This is not to say that all the new designs that are introduced are perfect and must be embraced.  It should take careful consideration before a new design is adopted. There are three major designs that have been put forward direct supervision, indirect supervision and linear surveillance (Beck, 2006). Direct supervision has stood a shoulder high above the rest due to its numerous advantages, to name but a few, reduction of both the required staff and incidences of violence within the correctional environment.

Direct supervision design
This is also referred to as podular-direct surveillance (Nelson, OToole, Krauth  Whitemore, 1983).  It involves a continuous observation process that places the station of correctional officers in the living area of the inmates or in what is referred to as pod. The officer directly observes the inmates and is in a position to have a face to face interaction with them. During the day, the inmates stay in a dayroom (an open area) where they are not allowed into their rooms. If they have to, they have to seek permission from the officers and are expected to return quickly. There is a control panel from where door locks are controlled. The panel is designed in such a way that when the officer in charge leaves the station, it is possible to switch the functions of the panel to a central control that is in a remote environment. The officer also carries a small radio whose function is to allow him or her to communicate immediately with the control center of the jail in case the need be. Furthermore, central control is equipped with video camera to also help in monitoring the pod (Beck, 2006).  It is what Nelson, Krauth and Whitemore (1983) in their article, New generation jails, calls new generation jail. Direct supervision is convenient in minimum and medium jails as inmates are less violent and less disruptive. However, it can be risky for the officers if applied in maximum custodies as would be required to be in direct contact with more violent criminals (Beck, 2006).

Comparing and contrasting direct supervision with other confinement methods
Indirect supervision
Indirect supervision is at times referred to as podular-remote surveillance (Nelson, OToole, Krauth  Whitemore, 1983) or simply, remote surveillance. It also involves a continuous observation just like the direct supervision. The only variation is that the station of the officer is not confined in the living areas of the inmates or pods. The station of the officer is in a very secure room. To enable the officer to observe the inmates, a protective window is placed in the front part of the officers desk. In addition, a microphone is also placed at the front right part of the desk or console as Beck refers to it in his article, Deciding on a new jail design (Beck, 2006).  Speakers are also available in the room and they are connected to the pods. The microphones together with the speakers enhance communication between the officer and the inmates (Beck, 2006). Incase of any misconduct, the officer calls other jail staffs who deal with the situation (Nelson, OToole, Krauth  Whitemore, 1983). It is not only effective with minimum and medium supervision pods but also in the maximum pods. However in the maximum pods, indirect supervision involves smaller areas of housing. More so, inmates cannot be allowed to move out of their cells into a dayroom. They are only allowed out individually for exercise. Owing to this reason, maximum pods are big with durable doors and other fixtures (Beck, 2006).

At times, this design is made such that one officer can attend to more than one pods that are adjacent to each other. The officer will observe into the pods though inmates in one of the pods cannot see what is happening in the other adjacent pods. This ensures that no communication takes place between inmates in different pods (Beck, 2006). The officers physical view of the inmates is uninterrupted and he or she is restricted from moving from his or her post. However, there is no direct contact with the inmates hence observing inmates behavior and administering the right correction is not immediate like in direct supervision. Beck (2006) adds that, Indirect supervision does not afford the same level of control over inmate behavior as direct supervision. The correctional officer loses much of the immediate sensitivity about communications within the inmate group by being separated in a control room.

Therefore, officers are unable to correct problematic situations (National Institute of corrections, ND). He further suggests, as separation compensation, the use of a rover who will occasionally move into the housing units to establish contact. Despite the fact that this may make improvements in indirect supervision, it still does not equal direct supervision in conflict management of the inmates (Beck, 2006).

Linear design
Linear design is the traditional method of jail surveillance that has been put in practice for a long period of time (Nelson, OToole, Krauth  Whitemore, 1983). Nelson William in his article, New generation jails, refers to the traditional jails that employed this design as the jails of our-not-so-glorious past. (William, ND). It can also be called intermittent surveillance design. Linear design does not apply continuous supervision like the direct or indirect supervision. With a picture of a hospital design in mind, it is easier to understand the structures of a linear supervision design. There are many rooms in rows arranged alongside a corridor. Beck (2006) in his article Deciding on a new jail design, points out that, A common variation is to suite housing units, instead of individual cells, along the corridor.

In each unit, there is a narrow window that enables observation into the pod and an entry door. A jail officer then walks along the corridor, looking through the windows into each of the housing units and may even enter if a strange behavior is observed. Closed doors ensure that barely any sound from the unit is heard outside in the corridors (Beck, 2006). This design suffers a major drawback in that it may lead to violence between inmates as the officer is not always in the pods as is the case for direct surveillance (Beck, 2006).

Electronic surveillance is used to help overcome the limitations in linear design. It involves use of video cameras enabling the officers to view the cells from video screens. This also does not heal the condition as officers are sometimes engaged in other things and they also get tired of viewing too many cameras. Moreover, inmates can decide to move to a place off-camera making it hard for their illicit behaviors to be captured by the camera. This makes it difficult then for the officers to notice all the inmates behaviors and for this reason, the latter can even engage in violence. Direct supervision jail design is therefore a better option as the officer can view the entire pod and hence cases of violence are minimized (Beck, 2006).

Though the linear design has been found to be less expensive in terms of construction costs, it can lead to deadly violence that can leave some of the inmates dead either by suicide or murder, sexually assaulted among other harassments as the officer is most of the time not available. The money that officials want to save using linear supervision is not equivalent to a human life or his or her dignity. Direct supervision therefore helps a lot in curbing this kind of violence as the inmates are very sure that they are being observed at all times (Beck, 2006). Some professional administrators avoid this design as they are aware of the damage that it can cause. This therefore leaves us with only one option, direct supervision (Beck, 2006).

Reasons why direct supervision is most effective method used today in a correctional setting
One of the most outstanding benefits of the direct supervision design is that it has fewer or no violation of the formal rules (Senese, 1997). Fights are easily terminated as the officer is always within the vicinity to intervene. The inmates cannot use weapons in the fights as it is absolutely impossible to find anything that can lead to harm in these pods. On the other hand, sexual harassments are almost unheard of. The known danger zones, toilets and shower rooms are constantly checked and this makes them safe (Correction Center for North Ohio, 2010). 

Regarding the reduction of violence, direct supervision can take the number one position when compared to other methods of jail supervision (Correction Center for North Ohio, 2010).  By the use of the reward and punishment concepts, inmates are aware of constant supervision and if they become uncontrollable, they can be removed from their pods that have certain privileges to different pods with reduced privileges such as, not being allowed to leave their pods. Inmates in higher level ponds on the other hand, will work to reform their behaviors with the hope of being placed in a low custody pod that has more privileges. More so, inmates know that the security officer is armed with video monitoring equipment and a radio alarm and hence they fear attacking him. This can result to overall transformation of the inmates behavior. Direct supervision in this case will have assisted to mould the inmate into a responsible citizen (Beck, 2006). They have a higher chance of living productively long after their jail term (Oswego County Sheriff, nd).

Another benefit of podular-direct method is that inmates are in total control. This is because the security officers are with the inmates 24 hours a day, providing leadership, monitoring the inmates behaviors and setting standards. Inmates in this case are discouraged from forming gangs that could become unruly. Furthermore, any inmate who is difficult to control can always be removed from the unit to a higher one where the conditions are harsher and the privileges are withdrawn. Direct supervision therefore helps in controlling the inmates and ensuring that their behaviors are monitored (Corrections Centre for North Ohio, 2010).

Direct supervision also helps to reduce noise in jails as shouting or any unnecessary sounds are prohibited. In addition, the prisoners will keep their voices low as they are aware that they are being monitored (Correction Center for North Ohio, 2010).

Most jail staff if asked would better chose the direct supervision design. This is because they are allowed to mix freely with the prisoners and to solve problems in their pods without involving the administration. In the process, they gain experience in leadership skills that can put them in future management roles. Most of them find the job more satisfying as they can live courageously and more relaxed paying more attention to their tasks (Correction Center for North Ohio, 2010).

Officer can immediately respond to the inmates problems or questions unlike in other models when there may be delays (Correction Center for North Ohio, 2010). There is quick response and the inmates like such kind of the setting. Farbstein  Wener (1989) in their article, A comparison of direct and indirect supervision correctional facilities, feel that there is stopping of problems before they start. The inmates feel more protected within the direct supervision design. This also is away of reducing stress levels of the inmates (Beck, 2006).

This design is most preferred as it ensures that the officers are at all the time with the inmates unlike in either linear or indirect method where officers spend a lot of time at their respective desks, chatting with others and giving little attention to the inmates. Officers in other models often lose touch and are unfamiliar with the inmates (Farbstein  Wener, 1989).

It has also been put across that direct supervision method is, as compared to indirect method, cost effective. Its facilities cost less to fix (Farbstein  Wener, 1989). In addition, the costs of maintenance are low because fulltime supervision decreases the chances of equipment, wall furnishings destruction and misuse (Beck, 2006).  The jails liability and generally that of the county is reduced because the inmates behaviors are closely monitored and hence cases of suicide, murder, fights, rape, accidents and medical emergencies are controllable and attended to with immediate effect (Beck, 2006). It also requires less or equal number of staff with indirect supervision. Despite the reduced number of staff, they produce desirable results in achieving their mission, improvement of security and stress reduction (Farbstein  Wener, 1989).

Whatever has an advantage must have a disadvantage. The officers in direct contact with the inmates are faced with a hard time in dealing with the latter as they have to deal their unending questions, complaints and requests. Despite these challenges some have a call for their work and they love it with passion. Menke (1986) in his article, Model personnel selection process for podular, direct-supervision new generation jails, states that, not everyone is cut out for the life of a teacher (or police officer, social worker, etc), so is it evident that not everyone is cut out for the demands of the New generation jail workplace.

Furthermore this design is only suitable with minimum and medium inmate custodies where inmates are less violent. It can endanger the lives of the officers if also used in maximum inmate custodies. Inmates here are crazy and they can do anything even killing the officer without minding the consequences (Beck, 2006).

Conclusion
Evidently, most of the jails around the world are still stuck to the old designs of supervision despite the wave of change that is taking place in other institutions. No one needs to be told that the methods are not up to standard. So many methods have been adopted. For instance, in the United States of America, more than 50 models are in use. They vary in philosophy and their outcome. Are the correctional systems successful The obvious answer that everyone will shout is no (Alexander, 1960). There is therefore a call for prisons to adopt the one and the only effective method in terms of staff number and violence reduction in jails the direct supervision design. The Sarasota county sheriff in their article, Direct supervision, admits that Direct supervision is the wave of the future for jails (Sarasota County Sheriff, nd). There should be total supervision (direct) as opposed to intermittent supervision (linear and indirect) in prisons if the government wants to reduce both the staffing and the level of violence (Sony Emerson, 2005)