Criminology

Early release schemes provided in state prisons and correctional institutions, are an important incentives for prisoners or offenders, who have been confined for various offences and sentences. Parole systems influence prisoners to behave and co-operate while serving their sentences, through interventions with the goal of rehabilitation. The aspect of rehabilitation is thus aimed at reducing probable risks that inmates present, when they are eventually released to the public. Parole systems have their pros and cons, moreover with various perceptions attached to the issue of conducting parole, and releasing prisoners to the community.

Parole or early release schemes have received different perceptions from different bodies, activists, government institutions, and the community since its inception. Various arguments argue for and against the systems of parole citing various advantages and disadvantages, attached to the issue of suspended periods of incarceration, where prisoners are given an opportunity to re-integrate back in the society. Moreover, parole gives strict conditions to the prisoner to observe, coupled by various objectives to achieve in order to eventually receive full release, and allowed back into the community as a reformed individual.

Sanctions towards prisoners depend on the level of criminal offence committed by the offender, and consequently influence the punishment level handed to the prisoner attributed to the severity, and may be classified as follows active punishment in a prison sentience, community punishment, and intermediate punishment. Early release schemes consequently foster initiatives that help in limiting the population size in prison institutions, with the major factor of giving inmates who have qualified for parole, the incentive to embrace rehabilitation and be co-operative on the release program. This scheme gives prisoners a chance to be productive in the community, and reforming their behaviors that are acceptable to the society.

The aim of this study is to analyze, the issue of parole in the criminal justice system, and how this initiative can be used as an incentive to control inmate behavior. In addition, the study will evaluate consequences attributed to delayed releases and how it impacts of prisoners, who have qualified for parole and probation.

The Parole System
Parole can be described as an early release scheme or system that allows for prisoners to be released to the community, prior to completing their sentences. This process is granted upon various factors, such as crucial reports from probation officers and prison reports. Parole can also be defined as the discretionary decision made by State Board of Pardons in prisons and Parole Boards, which make the decision to release a particular prisoner or offender from incarceration or confinement, after she or he has already served a percentage of the prison sentence. Individuals, who are under parole, remain under the state control and supervision, with se conditions for which if they are violated, the person can be re-imprisoned.

There is a significant difference between parole and probation which at many times is confused (Howard, 2003). Probation can be described as an act passed through the courts, and not from the State Board of Pardons. Probation can be awarded instead of imprisonment by a court of law, for part or all, of an individuals sentence. Probation cannot be equated to parole. Parole on the other hand, involves the Parole Board which can grant a person parole, after he or she has served a part of the sentence in prison. Whether parole is granted or not, various other factors influence this process of initiating early release schemes towards inmates.

Some of these factors include the seriousness and type of the offences committed by the prisoner, the situation at home for the prisoner, future plans for inmates after consequent release, and their behavior while they were in prison, compounded by other mitigating points. Parole entails both a discretionary and a guideline process that have merit. Discretionary parole gives the offender a chance for early release from incarceration, before his or her sentence expires based on the condition, towards sustained lawful behavior which is a focus to monitoring and supervision at the community level. The parole personnel ensure that the prisoner complies with the conditions and terms of release. Discretionary parole is supported by the American Probation and Parole Association (APPA), to be a vital and fundamental part in the criminal justice system that strives for commitment towards public safety, reintegration of offenders as productive and law abiding citizens, coupled with victim and community restoration (Levitt, 2004 p.437). Parole decisions are affected by several factors which primarily weigh the relevancy of punishment, community restoration, and successful reintegration of the offender.
Discretionary parole decisions enable correctional bodies to enhance public safety by confining dangerous prisoners, while those who have qualified for early release get the necessary assistance and structure, so that they can assimilate back into the community as responsible and law abiding citizens. Parole decision guidelines enables the parole board to carefully research on the offenders case, and make sound, consistent and understandable parole decisions affecting prisoners who are serving non-life sentences.

These guidelines are essentially applied to non-life cases only, while in the case of life sentence emphasis is placed to the consideration of the offenders severity and nature of crime committed(Anderson, 2004). Moreover, numerous rules have been implemented that govern the eligibility of prisoners, to qualify for parole and successfully embark on the program that would ensure their early release. These rules are related to the inmates length of sentence, type of offence and the date of sentencing. While the potential prisoners are being considered for parole, they have the chance to see the reports concerning their progress and behavior, while simultaneously make their own reports or statements convincing the Parole Board, why they should be permitted for early release, their future plans after they have been released and many other aspects.

The offender may be interviewed by the parole board, but it is not usually mandatory. The inmates case is deliberated by the Parole Board like two months earlier, before the persons eligibility date. This has two advantages in that the panel will have to discuss the offenders case, while at the same time the inmate prepares for early release, when they are granted. In addition, the main concern in awarding parole for prisoners is security, and the risk the public faces if the prisoner commits another offence while in parole, or fully granted release by the correction institution. Most of the times, the prison is given parole notification concerning an inmate who is serving more than fifteen years, and the case consequently put through to the Home Secretary, who will then make their final decisions (Levitt, 2004 p.440).

In any case, if the parole request is denied, the inmate can reapply again after 12 months from the time his or her parole was denied. However, if the inmate is serving less than six months to complete his or her sentence, is not granted parole, with the logic that by the time their case is deliberated for parole, the release date would be close anyway. Additionally, offenders are considered for parole after they have served usually one-third of their sentence. Exceptions are only towards offenders with a term of years attributed to the severity of felony committed, are sentenced to life without parole including fourth-felony recidivists. Automatically, eligible inmates are considered for parole, whether appeals or legal actions are taken against the offender by their representatives. Moreover, when inmates are denied parole once, they are not reconsidered routinely for another chance for parole.

Consequently, if the parole board receives new substantive information concerning the case, it may be reviewed at the Boards discretion (Shepherd, 2002 p.522). This situation arises as the offender cannot appeal regarding the parole decision made, and can only reapply again after one year, but a procedure for complaints is enlisted when an offender feels, their case has been unfairly dealt with in some way.

Parole as an Incentive for good inmate behavior
Parole has the fundamental belief that is rooted on the principle that, offenders can gain motivation and further making positive changes for their lives. Inmates are more inclined to cooperate with correctional institutions, when their release or parole is based on the ground of good behavior. Thereby, when prisoners are offered assistance upon their release, will increase the likelihood of them becoming responsible and law abiding citizens coupled by correctional authorities initiatives. This will ultimately result to enhanced public safety, which is usually the major concern for parole boards upon releasing inmates into the society. Prudence is inherent in the criminal justice system at various levels.

This applies to the police who apply discretion when arresting or taking charges against and offender. More so, the court systems utilizes discretion when indicting individuals, granting pre-release trials, the aspect of going to trial, and the recommendation of criminal penalties for an offender. Judges in the same tow line, use their discretion in determining the proper level of punishment upon an offender, given the circumstances of the individuals criminal history and crime committed. In a particular case, an offender might be sentenced to probation while another one sent to serve sentence in prison, for the same crime committed. Parole boards have to closely and carefully consider or examine, each offender who is eligible for parole, their entire records and simultaneously recognizing that correctional authorize have a better opportunity, to manage prisoners who have built incentives to abide by the institutional rules and regulations (Travis, 1995 p.315). The possibility for parole provides offenders with the incentive and motivation to participate into programs, which will enable them to build competency skills in various areas.

It also provides inmates with hope of early release while at the same time being responsible for the tasks or work given to them. The incentive to participate in educational, work and religious programs, and realizing that improved, industrious and responsible behavior will enable them to pass parole easily, consequently will influence the overall behavior of the inmate in the rehabilitation process, reducing the risk concerns by parole boards of re-occurrence of criminal behaviors. Moreover, the parole boards also comprehend that the majority of the offenders, who are incarcerated in prisons, will at one time be released. This board is placed in a unique position, where it can be able to address and listen to the concerns and needs of prisoners and the community. The parole boards provide a framework for control over communication, between victims and offenders and thereby provide assistance to victims, and aid in the process of community restoration with an environment that is free from damage of crime.

Parole boards play a significant role in the criminal justice system, by weighing all relevant factors which are deemed essential to the early release scheme for inmates. In addition, they ensure that offenders who have passed their parole through good behavior and released into the society, are continually managed under community supervision, therefore enhancing pubic safety through the program. Essentially, the parole board applies a reasonable process, during the period at which there is inadequacy of correctional beds, by targeting prisoners with established good behavior and conducts through parole initiatives, and poses minimum risk to community safety, hence scheduling them for early release to alleviate the problem of congestion in correctional facilities (Travis, 1995 p.320).

Core services applied through parole include aspects of release planning, investigations, community supervision, victim advocacy, treatment services and immediate response to violations, in order to enhance and promote good behaviors for prison inmates while simultaneously voicing the concerns for victims, thereby establishing a valuable and natural ally where advocacy groups and victims issues, are heard and heeded. More so, inmates get the opportunity to rehabilitate and conform from criminal instances, with the possibility of parole. Reformed offenders who have proved to be productive and responsible, get the chance to be reintegrated back into the society, and consequently involving themselves with meaningful activities. Support and supervision from both the parole boards and the community at large, can play a tremendous role in completely rehabilitating a convicted person, while ensuring productivity and reform from further criminal activities. 

Pros and Cons of Parole
The primary role of early release schemes or parole programs is to enable low risk prisoners to be integrated back into the society, through good behavior while in prison. Delayed paroles can have various negative consequences in both the correctional institutions and the government. With no possibility of parole or early release schemes, prisoners will not really be motivated to adapt to good behaviors. Moreover, prisoners unrests and fighting have been observed over the past years primarily generating from frustrations of inmates, who feel that they deserve parole and constantly denied the opportunity. Unfair justice systems may consequently demoralize potential inmate candidates who can be enlisted for parole, and later achieving full release and integrates back into the community.

The aim of parole is to give prisoners the incentive to transform and change their attitudes, in the essence of being responsible and law abiding citizens who can be assimilated back into the society, without the fear of criminal re-occurrence or offences (Shepherd, 2002 p.530). Therefore, delayed early release programs not only put pressure upon inmates and correctional institutions, but also the different governments, states or countries with overcrowded prisons. The governments usually end up spending considerable amounts of funds to support the running of prisons, which can be a burden especially on a slow economy. Early release programs through government initiatives, are aimed at saving money, especially in a crippling economic time to ensure that budgets keep afloat.

However, critics towards such government measures, warn that such initiatives are usually destined to fail when they are not accompanied by sufficient supervision and support. Simply releasing prisoners is observed as a myopic move in the initiative of decongesting prisons, and this places the public safety at risk, as contested by critics. Moreover, the issue of parole has received various criticisms concerning the initiative and the procedure of allowing previously convicted offenders back into the society. The major concern for those groups and individuals is the security risk posed by these prisoners, who have acquired release through good conduct while they were serving time in prison.

On whatever stage and ground the prisoners are released early, arguments reflect that the perception of truth in sentencing with prisoner parole somehow means that the offender has escaped his or her just deserts (Shepherd, 2002 p.510). A portion of the inmates released on the scheme of parole, usually re-offend even while on license, in essence which could not have happened if there was no parole or early release of offenders. Moreover, the population size in the prisons ought to be a public concern, because the correctional institutions and authorities incur major expenses while catering for the prisoners. It makes a poor economic sense, in the aspect that keeping more people in prison would get security risks off the community, making the public a safer place. Whatever is contested in favor of truth in sentencing is proving to be an expensive luxury.

Parole and probation are integral part in the criminal justice system that enhances the protection of victims, ensuring good behavior from offenders, and promoting overall community safety. Despite the motive behind the initiative of early release and consequent parole, controversies have arisen concerning early release of offenders from federal penal institutions. However, such controversies are based on the general public ignorance towards the specifics involved in parole. Some of the opinions by members of the public are usually biased in nature, concerning the justice system or criminals. Most of the concerns do not usually reflect the reality of the situation on the ground, regarding the early release system or parole. Adding to these potential misinterpretations from the public, the parole system is in fact rather secretive by nature and the public usually gets wind of the knowledge, through sensational or high profile figures being released.

Apart from various misconceptions by the public, the parole system has its own share of problems in practical application. The decision towards specifying inmates who have qualified for parole or early release, even when it is subjected to intensive examination process, through analysis of inmates reports concerning conducts of behavior, usually presents a large margin to errors. It is not possible to predict on 100 percent accuracy, that when an inmate is scheduled for early release that he or she will not re-offend. Consequently, when the parolee re-offends, leads to the public receiving the information concerning the parole system, further compounding on the negative image the system has.

Conclusion
The parole system has always been at the centre of debate, and will always have both supporters and critics. Early release schemes since their inception had the motive of giving incentive to inmates, to adapt good behaviors and consequently motivate them to indulge in responsible education, work and religious activities while demonstrating productivity and reformed behaviors and character. In this respect, correctional authorities have been able to release low risk offenders, back into the community simultaneously easing expenses of maintaining and running prisons.

Decongestion of prison facilities has been always adopted by various governments in the past years, to save revenue in crippling economic times. However, such moves have usually received criticisms from the public and activists, who view such initiatives to present high risk to the community. The parole system receives its fair share of difficulties mostly in assessing inmates who have qualified for parole, and consequently making the decision hoping that the prisoner will not re-offend. Parole is a common aspect in the criminal justice system, which may vary in specifics of conditions imposed, from one country to another, but the general principle more or less have the same characteristics.

Parole will entail a qualified offender serving his part of the sentence, on community based programs while under supervision from parole officers, with the parolee subject to recall in the event of misconduct or re-offending. Parole in the correctional system has both its strengths and weaknesses, therefore requiring continuous revision and improvement of the system.

This paper gives a strong reflection on corruption with respect to judicial system or legal system. It is easy to assume that legal experts are incorruptible by virtue of their profession. This belief is the same as that of a priest being implicated in evil conduct or a police implicated in acts of theft. As such, their profession necessarily confers to them certain responsibilities that to act differently leads to a deep contradiction. Judicial Corruption can be defined as the maltreatment and exploitation of entrusted power for private benefit or gain. There are factors that make it easy for corrupted judicial system for instance, political interference and bribery. Media serves as the strongest tool in eradication of corrupt cases. There should be a whistle blower policy that will make it more effective in dealing with corrupt legal systems.

Introduction
Corruption is weakening justice in most parts of the world, depriving victims and the accused of the fundamental human right to a fair and unbiased trial. It is not easy to give too much weight to the negative impact of a corrupt judicial system it deprives the international community of its ability to tackle transnational crime and terrorism it destroys trade, economic prosperity and human growth and development and, most importantly, it denies citizens just and objective settlement of disputes with other colleagues or even the authorities. This in turn occasions corrupt judiciaries and divide communities by keeping alive the wounds and injuries incurred due to unjust treatment and mediation. Judicial system where bribery is so rampant undermines confidence in governance by aiding corruption across all sectors of government, especially in the executive arm. Such instances only make the public feel that corruption is part and parcel of their lives. In this sense they public may allude that corruption is tolerated in their country.

It is impressive to note the efforts by the media in uncovering such crimes and bringing them to public awareness and scrutiny. This study therefore, seeks to look into corruption in the legal system paying special attention to the judicial system. Here, crimes committed by judges and lawyers will be discussed.  The response of media and other scholars in regard to this matter will also be considered.

Corruption in the Legal System
Judicial Corruption can be defined as the maltreatment and exploitation of entrusted power for private benefit or gain (Transparency International, 2007). The gain could be material and immaterial, in the case of the furtherance of political or professional ambitions. By and large, it encapsulates any infringements to the objectivity and impartiality of the judicial procedures by any agent within the court system. A good example is when a judge allows or excludes evidence with an aim of justifying the acquittal of a culpable defendant of high political or social status.  This will be demonstrated in the case of Anne Marrow and Gilmore in the course of this study.
         
Judicial corruption may involve the following misappropriation of the scarce public funds that most governments are committed to subject to justice. This is rarely a priority in political terms. Judges may have on board family members to staff their courts or offices, and mishandle contracts for court buildings and equipment. Judicial corruption actually extends from prior trial activities all the way through the trial proceedings to the final enforcement of verdicts by court bailiffs. Even if the judicial system is staffed with competent personnel, appeals tend to support the individuals with the deepest pockets, leaving out individuals with limited resources but with a legitimate complaint.

A good survey will show that there cannot lack a corrupt justice system in most countries across the world. Normally, a just legal system will dispense equity and fairness in its administration of justice. In such a system there will be minimal unfair or delayed trials. Again, decisions and verdicts arrived at during the due process of the law will be in conformity with the national interest or what one would call, common good. There are countries that lack verbatim transcripts and this occasion inaccurate verdicts and summaries on court proceedings or misrepresentation of testimony of the witness by the judges. In fact, the junior court personnel may deliberately lose a file for a price. There are other parts of justice system that may catalyze judicial corruption. Police can also tamper with evidence that supports a criminal indictment before they reach the courts, or the prosecutors may fail in the application of uniform and consistent criteria with respect to the evidence advanced by the police. In states where the prosecution has control of bringing prosecutions before the courts, a fraudulent prosecutor can successfully block off any avenue for legal redress.

There are many instances when criminals are let off lightly and without imprisonment, while innocent people serve long jail terms with no apparent reasons.  A corrupt legal system occasions serious conflicts between the judges and other authorities controlling the system. Citizens are wrongfully and unjustly convicted. Defamation laws hold back corruption and as a result cause people of good will and the media to remain mum and not speak out.

Sometimes corruption in the legal system can be transitive or intransitive. It is transitive if the judges or lawyers are the principal agents of the acts of corruption or misconduct, and it is intransitive if the judges or lawyers are indirectly involved in the acts of corruption or misconduct.  Consider the example below.

Anne Marrow is a Texas Business woman who has succumbed to injustice due to corrupt judicial system. She is a wealthy woman with strong political connections and sources of money. After losing her husband, she operated a successful gift shop where later she expanded her business down into Corpus Christi. Like any normal businessperson, she signed a lease agreement for space she occupied at a new shopping centre belonging to a gentleman called A.C. Gilmore. It happened that the lessor failed to adhere to some verbal agreements and therefore, Anne decided to take the matter to court. She filed a case implying that the lessor had breached the contract. She noted that the landlord had interfered with the initial wordings of the lease document in a bid to justify his breach.

This clearly, is an outright criminal fraud act and the courts without further notice ought to have fined this landlord. Little was done to this matter since the landlord was protected by the corrupt local judicial system which was also linked to the local law firms. In fact this landlord was involved in drug trade and was transferring his profits by investing in shopping centers and other legitimate businesses.  This financial tactic is what many would call money laundering. It dawned to Ann that attorneys were very reluctant in addressing the issue. Lawyers turned out against her and convinced her that she did not have a case. Now, as mentioned earlier, this serves as an example of how judges can be indirectly involved in corrupt cases. As in, they occasion corruption just as how darkness occasions misbehavior and malicious acts. This example demonstrates a corrupt legal system in the intransitive sense.

Having looked at the above example, it would be worthwhile to consider another case with respect to corrupt judicial system in the transitive sense. Randi Hempel (2009) narrates a story of a lawyer charged with child molestation. The lawyer was charged for molestation cases for three times. In fact, he was convicted for three counts of child abuse, two counts of sexual battery and public indecency. He served as Savannah Lawyer. Emilie (1993) writes of a Pennsylvania Supreme Court justice who was convicted for prescription drug offences. He was accused of conspiracy and twenty six felony drug counts for dissuading a doctor to inscribe prescriptions for anti-anxiety drugs for him. Marcia Myers (1995) writes of a lawyer who pleaded guilty in a conspiracy where he was charged of laundering profits in FBI sting. The lawyer by the name, Eric Martin, confessed that he was a drug trafficker trying to launder his profits. He advanced 50,000 to Margolis law firms escrow account and pledged to launder it in a separate business.

There are allegations that the American Legal System is by far corrupt beyond recognition. These remarks were advanced by Judge Edith Jones who serves at the U.S. Court of Appeals to Federist Society of Harvard Law School. Edith notes that notion of what is morally right is regularly sacrificed to what is politically expedient. This is occurring because legal philosophy has been subjected to nihilism. The integrity and authenticity of law, its religious foundations, its metaphysical quality is fading away. In her opinion, the modern threat to the rule of law shoots from within the legal system itself (Geraldine, 2003). 

Media  Corrupt Judicial Systems
Media has a great responsibility in shaping public opinion on fundamental social issues. Public opinion connotes the expressed views by a large collection of persons on a specific situation. These expressed views could be formulated by the public spontaneously or may be through solicited appeals made to them. These views could be for or against the topic of discussion so long as the theme in question is of public significance (Allport, F. cited in. Adelah, A. (2010).

The reactions of the public towards a particular topic of discussion steered by the media connote the measures they would take in tackling a social issue of importance to them. Therefore, the establishment of an effective and feasible public opinion requires the existence of a liberal, free and responsible press. In this sense, it can invite the communities to express their views on the ways in which they would like things done. In fact, the media instills in the public a craving in airing their opinions so that they might influence the course of events the way they wish.

The media has a responsibility in fighting corruption in the judicial system. It ought to sensitize the public on such matters so that there can be a collective responsibility. It is an ethical for media to learn about corrupt judges or lawyers and yet cover them up. The Mass media are at liberty to expose the situations of corruption-related matters, particularly in the judicial system. It is a constitutional right of a journalist to publish any information. Therefore, the journalists should not be afraid to carry out investigations and expose corrupt judicial officials.

The Scope of Judicial Corruption
There are judicial systems that are relatively free of corruption and there are those that succumb to systematic manipulation. In the latter case, it covers all those societies where corruption is so rampant across the public sector.   There exists a fundamental relationship between judicial corruption and economic growth and prosperity. This is because the investors expect that contracts will be honored and disputes resolved justly this underpins sound business development and growth. An autonomous, objective, and unbiased judiciary has significant consequences for trade, investment and financial markets.

The goals and objectives of corrupt behavior in the judicial sector differ. Notably, some corruption disorients the judicial process to fabricate an undue outcome, but, there are many individuals who would opt to bribe to achieve a just outcome. Whichever the case, none can be justified. However, this is encouraged in the judicial circles. It is proven that one third of countries in the world, 10 of its citizens who interact with judicial system or their family members do pay a bribe to obtain a fair and favorable outcome in a judicial case (Transparency International, 2007).

There are two main corruption incidences that affect judicial systems political meddling in judicial processes especially by the executive arm of government and the legislative, and the other is bribery. In spite of the widely championed reform efforts to protect the sovereignty of the judiciary, judicial officials continue to succumb to pressure to dispense justice in favor of powerful political or economic entities, and not according to the rule of law. Political powers are increasingly gagging the judiciary. This is evident in Russia and Argentina. Judiciary are providing legal shielding to those in power for doubtful or illegal operations such as embezzlement of funds, crony privatizations, nepotism or those political verdicts that might otherwise bump into  opposition from the legislature and the media. Political interference takes the form of threats, intimidation and simple bribery of judicial personnel, and more so, the manipulation of appointments in the judiciary, remuneration terms and conditions of service.
In order to eradicate such interference, sound constitutional and legal mechanisms should be reinstated they should shield the judges from arbitrary termination or transfers. These mechanisms should ensure that, courts, judges and their roles are independent of external manipulation. It is important to note that judicial autonomy and independence is founded on public confidence. Over the years, the head of the British judiciary concurrently acted as the speaker of the UK upper house of parliament and as an executive member, and this occasioned conflict of interest. Notably, in the United States, judicial elections are flawed since the judges election campaigns unavoidably influence judicial decision making.

Tackling Judicial Corruption
It is worthwhile to note that judicial corruption takes many forms whether legal, cultural, social, political or economic. However, the government must always staff the judicial system with competent authority. They should be given just compensation as well as accord them chances for growth and improvement there should be accountability and discipline transparency in court cases so that the media and civil society can monitor the proceedings and even exposing their judicial corruption.

There should be a whistleblower policy which will enable the lawyers, court users, police, media, prosecutors and civil society to report suspected or actual breaches of the code of conduct, or corrupted judges, court administrators or lawyers. There should be freedom of expression that will enable the journalists to comment fairly on legal proceedings and report alleged or actual corruption cases or bias. Policies that criminalize defamation or give judges authority to award measures of compensation in libel cases suppress the media from finding out and sensitizing the public on any suspected criminality. All this should be subjected to reform.

Conclusion
Indeed, the mass media is in a position to provide one of the most effective remedies of corruption-fighting strategy. It is the most preferable forum for an open discussion and the best prevention tool for the public officials not to take bribes. This is because they will fear to be exposed in the public. Strong institutions of civic society like in the case of an independent journalist and the good will of every citizen can challenge the corrupt state machinery. When all seems to fail where all seems to be pessimistic there is only one cure and that is a free mass media.

I concur with the recommendations stated above in tackling judicial corruption. I believe that there are more that can be mentioned.  These recommendations agree very well with the international standards on judicial integrity and independence, as well as various monitoring and reporting models that have been developed by NGOs and governmental entities. I believe that there is no magic set of structures and practices that will lower the rate of judicial corruption in all situations. The recommendations serve as a guide for reform endeavors to foster judicial independence and accountability, and hearten an effective, efficient and fair reinforcement. I believe that the multi-faceted holistic reform of the judiciary is a vital step toward enhancing justice and restricting the corruption that degrades legal systems and ruining lives all over the world. 

According to the social learning theory, people learn new manners through punishment or through learning by observation the societal aspect in their surroundings by coming to close contact with them, imitating their superiors, having role models and understanding the behaviors.

Relationship between the human bond to moral order and criminal behaviorAccording to Sutherlands differential association theory, crime in any individual is learned as any other behavior. According to this theory criminal behavior like the actual techniques of committing crime and the motives behind committing any crimes, in any individual is learned through communication by other criminals within close-knit groups. 

Akers theory of Social learning however disputed this. According to the social learning theory, an individual becomes a criminal when they develops attitudes toward the behaviors and attaches definitions to those behaviors, defining them as good or bad, acceptable or unacceptable. These definitions help reinforce behavior and serve as cues for behavior. The more positive the definitions people have of a given behavior, the more likely they are to engage in it.

The directions preferred by individuals are decided by the relative balance of reinforcements, definitions given and behavior models. In this model, family and peers were accredited as having a great impact on deviant and criminal behavior amongst individuals. This was because criminality among parents tended to be predictive if the childrens future behavior and even if the parents exercised strict moral settings in the family, young ones with delinquent siblings were more likely to follow in the shoes of their siblings behaviors.

Nyes control theory on the other hand emphasized that moral order and criminality were controlled either by punishment being awarded for disobedience. Obedience, on the other hand, is rewarded by parents, or by indirect control where a youngster refrains from criminal activities as this would hurt the parents and families and lastly by internal control whereby the conscience of an individual prevents them from engaging in criminal acts. Nye gave much emphasis to the family as the social institution that was primarily responsible for the criminal behavior or moral order of an individual.

Hirschs theory of social bonding argued that the bond of individuals to the society is the key to criminality. This bond is formed when there is attachment to other people such that we care what these people think of us. Commitment to certain social activities such as education involvement with certain activities with well-known people in the society also helps form the bond. Beliefs in the norms and rules of the society and the belief that these rules should be followed and obeyed is also a factor. If these bonds are as much as broken, then criminal activities will manifest themselves in an individual. This theory suggested that a childs attachment to the parent determined whether the child would be a criminal or not. It also showed that individual with a positive attitude towards their accomplishments believed in the moral values and rules of the society and conformed to them.

Evaluate the effect of positive and negative reinforcement on crime. Differential reinforcement refers to the balance of actual or anticipated rewards and costs, both social and nonsocial that follow a behavior. (Reid 200) Positive reinforcement is the act of doing something that will persuade a person to replicate good behavior. Negative reinforcement on the other hand is punishment that results in the removal of the criminal or criminal behavior. Positive and negative reinforcement can be either intended or unintended.

Positive and negative reinforcements have various impacts on criminals. These impacts include
Criminal activities crime occurs in a society when this crime is frequently reinforced, i.e. criminals are rewarded for their criminal activities and when there is intermittent punishment of the crimes. If reinforcement of the crime leads to large amounts of rewards like money, respect and fear among peers and pleasure, and less punishment is given to condone this, then crime rates go higher. Crime may also escalate if reinforcement is given preference over upholding alternative behaviors of the delinquents.

Motivation positive and negative reinforcements can affect the motivations and beliefs of an individual to do either wrong or right. Punishment for example, when implemented harshly on disobedience may motivate a child not to do wrong for fear of being apprehended for mistakes done. This may go well if the parent in turn chooses to reward the child every time they do the right thing.

Self-recognition it has already been established that negative and positive reinforcements determine whether an individuals behavior will turn out to be moral or criminal. In the event that the behavior turns out to be morally upright or criminal due to the reinforcements given either negative or positive, then the individual will gain self-recognition. In the first case, the individual will recognize their accomplishments and status in the society as someone responsible while in the latter case, the individual will get self-recognition from the satisfaction that the criminal friends they have respect them and not the society. This will either lead him to strive to be accepted by the society or turn and become more violent.

Influence of older theories on developing contemporary theory
Older theories provided the foundation ideologies on which the modern theories now drew their ideologies from. These theories were critiqued by upcoming theorists for lack of failing to consider the entire variable in criminology. Sunderlands theory for example was critiqued for not being testable and hence the need to reformulate this theory to become testable. This led to the development of the Akers Social Learning theory, which made an effort to provide a more adequate specification of the learning process required in the theory of differential association. (Reid, 2000). This led to the refining of Sunderlands theory into a more acceptable one.

CONCLUSION
The social learning theory of criminology is the most overriding theory of crime nowadays. This is because it covers the aspects of individual responsibility to crime, social groupings and the society as well as the beliefs about crime, the reinforcements and punishments received and the models an individual is exposed to.

Positive and negative reinforcements go hand in hand in ensuring whether a criminal is made or not. One cannot do without the other. When implementing reinforcements, whether positive or negative, one should consider how one will affect the other and the effects of these on the individuals behavior.

The process of repeat victimization (RV) constitutes both challenges and opportunities related to policing and domestic violence. This theory coincides with the capacity to recognize that within a specific location, violence and crime can continue to occur accordingly. Given these trends, there are indeed favorable situations and corresponding responsibilities that need occur in the realm of law enforcement and criminology.

On one side, we see that the prevalence of RV constitutes questionable approaches that the process provides. Here, it challenges the law enforcement sector in creating peace and stability within the community. At the same time, the lack of communication and interaction efforts can also spell troubles in ascertaining domestic violence and repeated acts of deviance by criminals. Such directions then limit the capacity of inducing favorable changes and increase insecurity and doubt in the capacity of law enforcers to address its duties and corresponding responsibilities.

On the other hand, RV can also be seen as an opportunity to further analyze the prevalence of crime within the region. Here, it tries to administer effective means of outlining supplemental strategies related to policing and victimization. Such directions then reinforce the long-term strategy of every law enforcement agency to combat domestic-related crimes and harness the skills necessary to administer valuable efforts to reach out towards community needs.

Overall, whatever outcomes or situations that RV creates, it seeks to determine the valuable outcomes for reinforcing policing and crime analysis. Though at one point it can question its overall purpose and validity, it can help create dynamic interpretations in fostering culminating aspects in reaching out and cultivating areas related to ensuring safety and security.

The situation definitely constitutes a case of sexual harassment since it satisfies the definition of the Equal Employment Opportunity Commission (EEOC). Specifically, the EEOC states that Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individuals employment, unreasonably interferes with an individuals work performance, or creates an intimidating, hostile, or offensive work environment (U.S. Equal Employment Opportunity Commission-a, n.d.).
I do not have to do an in-depth analysis just to ascertain that the actions of the male officer were unwelcome since it was mainly the reason why the victim complained to her fellow female officer. Obviously, therefore, the first part of the EEOC definition of harassment has been met the actions of the male officer were unwelcome sexual advances. The information, therefore, should be treated seriously before the situation gets out of hand. Being an officer with a supervisory rank, it is my responsibility to act with dispatch.

If the information is true, the situation acquires more urgency because then the second part of the EEOC definition of sexual harassment may have also been met. It is possible, based on the narration of the informant female officer, that the unwelcome advances may have already created an intimidating and a hostile workplace environment. It follows, therefore, that the performance of the victim is being unreasonably interfered with. First, the alleged sexual advances were made during roll call and in the presence of other police officers. In other words, the actions were inevitably witnessed by the other officers. In spite of this, it is obvious that not even one male officer who witnessed the acts did not do anything about them. I would have already heard of them even before the informant came to me if somebody actually did do something to defend the victim, since the incidents would surely have reached me through the grapevine.

This only proves that the male officers did not only condone the acts  they might even have encouraged the harasser to continue making them. As a matter of fact, it is also possible that the atmosphere in the workplace has already reached an intolerable level because, also according to the informant, the victim already fears that if she files an official complaint, her perception is that her fellow officers would strike back at her for being a tattletale. In other words, a discrimination based on the gender of the complaining female officer may already be taking place in the department in actual violation of Title VII of the Civil Rights Act of 1964 (EEOC-a, n.d.).

As a supervisor, my first responsibility is to treat the information seriously even if such information was not given to me directly by the primary victim herself. As a matter of fact, the informant could not be considered a third party in this case since according to the EEOC, the victim in an act of sexual harassment does not have to be the person harassed but could be anyone affected by the offensive conduct. Technically, therefore, the informant is also a victim in this situation (EEOC-a, n.d.). As a supervisor, I could not ignore the information because failure on my part to act promptly on a sexual harassment complaint could be interpreted later that our organization officially and intentionally failed to act on the case. It could therefore expose the police department to the risk of a sexual harassment case (Strategic HR Services, n.d.).

This was the essence of the decision of the United States Court of Appeals for the Second Circuit in Duch v. Jakubek ( 588 F. 3d 757 2d Cir. 2009). In that case, the Court said that the supervisors purposeful ignorance of the nature and extent of harassing behavior does not shield an employer from liability under Title VII of the Civil Rights Act of 1964. Based on that decision, if it could be established later that I have learned of this case of sexual harassment but failed to act properly and promptly on it, the police department of which I am a supervisor could be held liable (Peikes and Brown, n.d.). In other words, although I could not be held personally liable, I could only free my employer - the police department  from liability if I could prove that I took immediate and appropriate corrective actions on the complaint brought before me (Sexual Harassment Support, n.d.).

My immediate reaction would therefore be to talk personally, albeit confidentially, with the primary victim so as to protect her from possible retaliation even before the investigation gets fully underway. Such an interview is necessary not only to verify the information given to me by the informant but also to get as much details as possible directly from the primary victim. The interview should also allow me to gauge the severity of the effect of the alleged harassing conduct on the primary victim herself. Based on the interview, a report would have to be prepared and submitted to upper management. If the primary victim proves credible, my report would recommend that a formal investigation should immediately be conducted.

In my interview with the primary victim, I would ask her what specific sexual advances were made. I have to establish the severity of the actions or conduct of the harasser. I would also ask her whether the actions were done only once or were, in fact, done repeatedly. This is because if it could be established that the conduct of the harasser was severe enough, a hostile environment was consequently created even if the action was only done once. On the other hand, although the conduct or action was not severe enough, if the action was done repeatedly, then such a repetition would have created a hostile environment for the victim just the same (Strategic HR Services, n.d.). This is because in Merritor Savings Bank v. Vinson (106 S. Ct. 2399, 40 EPD 1986), the United States Supreme Court ruled that for sexual harassment to violate Title VII, it must be sufficiently severe or pervasive  to alter the conditions of the victims employment and create an abusive working environment (EEOC-b, 1999).

The interview would also allow me to establish the severity or pervasiveness of the alleged harassers conduct based on the standards of a reasonable person. This is in observance of the ruling of the United States Supreme Court in Zabkowicz v. West Bend Co. (589 F. Supp. 780, 784,35 EPD 1984) declaring that Title VII does not serve as a vehicle for vindicating the petty slights suffered by the hypersensitive. The reasonable person standard should also be used in determining whether the alleged conduct could be considered sexual in nature. In other words, according to the Court ruling, if the work environment is not affected substantially when judged according to the standards of a reasonable person, no violation of Title VII has occurred. The same is true when the conduct or action is not sexual in nature according to a reasonable person. It also important for me to interview the primary victim because, according to the Courts ruling in Cf Rabidue v. Osceola Refining Co. (805 F 2d 611, 6th Cir.1886), the reasonable person standard should be employed according to her perspective (EEOC-b, 1999).

Regardless of the results of the interview, I would advise the primary victim that if she has not yet done it, she should first confront the harasser and tell him to immediately stop what he has been doing. In the past, this has proven to be very effective. Harassers were found to desist when the victims made it clear that they did not welcome their actions and that they should immediately stop doing them. A simple and direct statement like Please stop what you are doing because I do not like it would usually suffice. I would also assure the primary victim not to fear any retaliation  whether from the harasser himself or from the other male officers -because it is prohibited by Title VII. I would further advise her to promptly inform me as soon as any retaliatory moves become evident from any quarters so that proper corrective or disciplinary actions could be taken (Strategic HR Services, n.d.).

If the male officer continues harassing the victim even after the victim tells him to stop what he has been doing, I would strongly recommend to my superiors that formal investigations should immediately commence. Evidence would then have to be gathered by talking to every possible witness. Once a sexual harassment case is proven, it is expected that management would have to subject the male officer to proper disciplinary action. On the other hand, even if the male officer heeds the warning of the victim and consequently puts a stop to his conduct, I would nevertheless make it a point that every officer in our command is informed that sexual harassment would no longer be tolerated in the future. 

Question one
Historical Development of Probation in England and America
Though probation was already known and practiced in Massachusetts by the 1860s, the probation service has its origins in the voluntary work of the Church of Englands Temperance missionaries in police courts in London in the 1870s (Crow, 2001). Its work would grow to include prison after-care, but for a beginning, probation services were associated with release of offenders on account of good behavior besides involvement in investigations, matrimonial dispute resolution, and making recommendations to trial judges as well home visiting.

The Missionaries efforts were officially recognized through the enactment, later in 1887 of the first offenders act allowing courts to release offenders into the Missionaries care. The reliance of recognizance of good behavior as a basis of parole was replaced with a statutory basis by the introduction in 1907 of the probation of offenders act.

But since the acts were in the main permissive and probation service relied largely on the Missionaries resources, who were largely concerned with social factors, the probation service developed unequally across the country. The enactment of the Prevention of Crimes act in1908 allowed for the probation officers to provide after-care to prisoners as well as the setting up of borstal institutions to offer training.

A key landmark in the development of probation as a service came in 1912 with the establishment of the National Association of probation Officers  as well as the setting up by the Home Office in 1922, of a  Departmental committee  to determine the appointment, remuneration and other work conditions of the probation officers. The Criminal Justice act in 1926 which was replaced by the Criminal Justice amendment act in the same year that provided for the setting up of probation committees based on localities with express rules and regulations on the appointment of probation officers who were to be present by law at every sessional division. The development of probation still depended on local initiatives but it had effectively evolved away from the informal serviced that was thought helpful to a formal service with the continued involved of the Home Office and the progressive  development of laws and rules to refine and regulate it for greater effeteness.

As mentioned at the outset, probation was known and practiced in the State of Massachusetts as far back as 1841 when a Bostonian boot maker persuaded a judge to give a convicted drunk whom he then helped to appear rehabilitated before sentencing (Cole, Pond  Smith, 2007). Courts released offenders on cognizance of good behavior, handed down suspended sentences or simply did not take further action on offenders without any formal statutory provisions for such practices.

Later in 1878, a police officer was appointed by a Boston Mayor and charged with functions similar to that of a probation officers. In 1880, the state of Massachusetts developed a probation system and other States followed its example, one by one. It was until the Federal Supreme Court held in 1916 that Federal judges had no authority to hand down suspended sentences that in 1925 the National Probation act was passed allowing judges to place offenders on probation and saw the establishment of the Federal Probation Service.

Probation has grown to become an important part of the correctional facilities with the immediate effect of  reducing congestion in Federal Penitentiaries across the world and  thusly reducing the costs of running and maintaining such facilities (Crow, 2001). In addition, the shift to use of psychological counseling of offenders geared at alleviating social as well as psychological problems of offender served to take care of the causes of crime rather than treatment of its effects and thusly curbing repeat crimes in the nib. The community service undertaken by probes as well the assistance accorded to the in finding jobs or acquiring vocational skills are vital in alleviating poverty in America alongside other social problems such as homelessness, crime among others thus helping build a better America.

Question two
Parole and Probation
People serving sentences in prison, if eligible as per their sentences, can be granted parole which shortens the maximum amounts of their prison sentences. This decision is reached by the parole board and especially helpful with non violent offenders in decongesting prisons.

Committing crimes on parole goes against the spirit and conditions of parole and would lead to re imprisonment.  In addition, parolees must meet parole officers regularly and refrain from leaving the State without notice to, and permission by the probation officers (Pond, 1837).

Probation is handed down as part of, or instead of a sentence. During the duration of the probation Probees must not commit other State, local or Federal offences, refrain from any unlawful use of or possession of illegal or controlled substances, avail themselves to drug tests as well as collection of DNA samples, failing drug tests would result in incarceration pending further investigations, pay up all outstanding fines levied by the court.

Probees must allow search of their properties at all times, not leave their States without notice or permission by probation officers, report to probation officers regularly and submit a true written report to the same officers on every fifth day of each month.

Excessive consumption of alcohol is prohibited as well use or possession or distribution of illicit substances. In addition sex offenders must attend state approved rehabilitation programs, report of any special romantic involvement among other conditions which if violated would mean violation of the terms of probation and thus the offender would have to serve out their sentences as well as any additional sentences.
 
As such the sanctions imposed on probees and parolees are nearly the same but while violation of a parole would automatically lead to an offender serving out their sentence as well as any subsequent sentences, violation of probation would have to be determined by the probation officers or the court.

Revocation of a parole would add to the congestions in prisons translating to a loss of money by the society in maintaining these facilities as well as the loss of valuable community service that parolees may have been rendering to society.

The court has requested for a pre sentence investigation report to assist in determining your sentence. All responses should be true and misrepresentation of information is punishable by law.

1. NATURE OF OFFENCE
Explain what happened and how you were involved in the offence.
I came home one day from work to find my wife on the floor bleeding profusely. There was a knife full of blood next to her. I immediately called 911 them took the knife. That was when police walked in and found me holding the knife. They accused me of attempting to murder her.
Before the incident, was everything okay between you and your wife
No, we had had an argument that morning because I suspected she was having an affair.
This information will assist the court with a clearer picture of what happened before, during and after the offence and the circumstances that might have led to the offence.

2. PRIOR RECORD
Did you ever have any juvenile adjudication No
If yes, when any over what
Have you ever been arrested as an adult Yes
If yes, when and why On February 24th 2010 over allegations of murdering my wife.
Have you ever been convicted as an adult No
If yes, when

Previous criminal record will be useful in determining your sentence. Repeat offenders usually get more harsh sentences. Stiffer penalties are by law given to those likely to repeat a crime. Your criminal record will assist in determining whether you are likely to repeat the crime and whether you are a danger to the society at large. According to The role of criminal record in the federal sentencing guidelines (para.1), the publics attitude towards a sentence is largely influenced by number and frequency of previous criminal records.

3.  PERSONAL INFORMATION
Name John Jones
Social security number    65778
Date of birth 5th June 1968
Age 47
Sex male
Height 5ft
Weight 80kg
Religion Muslim
Scars     -
Phone number 987 8756
Home address 786 Hill view
Have you ever been homeless If yes, explain Yes when my parents separated in 1976 and I could not stand living with my step mother. I never knew where my mother lived so I moved to the streets

4. FAMILY LIFE
Provide a list of your close family members
Name Mary Cate Jones
Relationship Wife
Occupation Waitress
Name Peter Jones
Relationship father
Occupation plumber
Name Lily Jones
Relationship Step sister
Occupation Teacher

Does either of your parents have a criminal record Yes (x)           No ( )
Has any of your family members ever been arrested Yes (x)  No ( )
Did your parents live together Yes ( ) No (x)
Describe your childhood and your relationship with your family members
No one in my family really cared about anyones business. Its almost like they never existed.
As a child, were you sexually or physically abused If yes, explain Yes. My step mother sexually assaulted me severally.
Are you satisfied with the level of your family support currently No
Have you ever been married Yes
How many times Once
Are you currently married Yes
What is your spouses occupation Waitress
Do you have any children Yes (x) No ( )
If yes, how many one son
How old are they 12years
Information with regards to your family background will be important to the judge in determining the reasons behind you attempting to kill your wife. The motive of an action determines whether an act was accidental or not (Adler 2001). If it is viewed to be accidental, the punishment is slightly lenient, the information you give will be used to determine whether you have any dependants who will be affected negatively by your incarceration .In case such where dependants exist, the court might give you a sentence that you can serve from home. Alternatively, you might be given some time before incarceration so that your dependants can get some time to adjust to your absence.

5. SCHOOL BACKGROUND
What is your highest level of education High school
At what age did you graduate 16years
Were you ever suspended from school Yes (x) No ( )
If yes, explain I slapped a class mate for not moving out of my way in the corridor
What other education training have you received None

6. WORK EXPERIENCE
Were you employed at the time of your arrest Yes (x) No ( )
Are you currently employed Yes
If yes, for how long Six months
Current employer eagle ltd
Address 9876 Jepol
Job title Plumber

7. FINANCIAL CONDITION
What is your current salary 500 per month
What are your total assets Two cars, one house, cash
Total amount 100,000
What are your total liabilities Mortgage repayment, tuition fees, loan repayment
Total amount 60,000
Your education background, work experience and financial condition will help the judge to determine whether you are in a position to raise bail. It will also be used to determine whether your beneficiaries will suffer in case you are sent to prison.

8. MILITARY SERVICES
Have you been in any military service No
If yes, where and when

9. HEALTH CONDITION
PHYSICAL
How do you rate your physical health perfect ( )       Good(x) Fair ( )           Poor ( )
What physical problems do you have Broken limb
Are you currently receiving any medical care None
If yes, which one
Doctors name phone number
What medication are you currently taking

MENTAL
Have you ever undergone mental counseling No
If yes, when and where
What have you been diagnosed with
Have you ever attempted suicide Yes
If yes, what was your plan To jump out of a moving. That is how I broke my limb
Do you feel you should be under a doctors care for any mental problem No
Your medical history will assist the judge to determine whether you require any kind of preferential treatment whether in or outside jail. It will also assist in determining whether there are any psychological issues that might have triggered you to act the way you did. Incase you have any health issues the court will contact your health practitioner in order to have detailed information regarding your health. It is not in any judges interests to put a persons health in danger.
 
Please bring the following documents to verify the information given above.
Drivers license
Social security card
Educational certificates
Proof of employment
Proof of residence

I recommend that the accused be given a jail term from where he can be rehabilitated since it is clear that he has an anger management problem from his childhood. His total assets are not sufficient to raise bail and therefore it should not be given.

The background of the individual indicates that his sense of right or wrong is very low since he has been surrounded by negativity since childhood (Adler, 2001).Growing up in a broken family, dropping out of school and having been sexually assaulted are all negative forces that might interfere with his capacity to differentiate between right and wrong.