The death penalty and other issues concerning crime and punishment
The death penalty and other issues concerning crime and punishment
Order Instructions:
The death penalty and other issues concerning crime and punishment, e.g. Prisoners rights’; torture
This assignment consists of building upon the reflective essays you have completed thus far, with the goal to help you expand your writing and critical thinking skills further. Choose one topic from the list below in which you must narrow down.
You are to write a research paper in which there is an investigation and inquiry into a question and/or thesis statement that is analytical, expository or argumentative, therefore answering it with detail and substantial supporting information.
You need to clearly indicate which platform you will be utilizing to express your topic.
You will be graded on the areas of critical thinking, information literacy, written communication, organization of paragraphs, use of supporting literature.
As the writer, you must formulate a persuasive arguments and/or counter-arguments to the reader (Professor Dawkins) providing your point of view on the topic. In your conclusion, be sure to discuss what led to your interest in the topic you have chosen.
Your paper is required to consist of 10 full pages of written content.
Finally, you are required to include an annotated bibliography for one your sources (Journal article) with your list of references.
This paper must include references the least six or more references, scholarly articles and/or journals, books, no website or blogs.
Follow proper APA citation format in your paper and add a section on the references you used at the end of the paper with a heading “Bibliography”.
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The death penalty and other issues concerning crime and punishment
Introduction
Crime and the general conduct that is considered criminal are frowned upon in every jurisdiction. Such behavior has always been viewed as conduct unbecoming, and those who have been involved or suspected to have been involved have had to pay for such conduct with their lives or freedom. They have also been victimized and shunned away by the other members of the society. In an effort to reduce and hopefully eradicate these antisocial behavioral mannerisms, the state has come up with various acts that are considered a crime in addition to prescribing the punishment for each act.
The punishments meted out are meant to be commensurate with the offensive conduct and are meant to have several effects on different groups of people. The most common measure is to be punitive for the deviant and to act as deterrence for the rest of the members of the society. These punitive measures have undergone a lot of changes with the advent of human rights and other movements that seek to promote forgiveness, understanding and embracing the deviants. There have also been a lot of changes in the way that conducts that were once frowned upon as deviant have been accepted and legalized.
Some of the conduct that was once viewed as unacceptable and punishable such as gay and other forms of queer mannerisms have been accepted and promoted in a bid to embrace the unique nature of every human. This, however, varies per jurisdiction. The involvement of human rights organisations and other movements have emerged to advocate for the rights of those regarded as criminals. These rights are applied at every stage of their lives, the arrest, and prosecution, their lives during committal and service of the sentence and finally their lives after serving time.
This paper focuses on the general aspect of crime and punishment in different jurisdictions as they vary with religious and social beliefs, as do the treatment of persons from the point of investigations, arrest, trial and finally committal. The rights of the prisoners have long been neglected as they are considered pariahs in the society. This paper is analytical of the plight of prisoners and the sentences they face in addition to exposing the human rights issues that are to be addressed in the plights of prisoners’ rights.
Crime and punishment
Crime is defined as an act that infringes on the law and therefore punishable. This broad description covers the significant aspect of what crime entails although it is worth noting that some crimes are not against people per se. These actions or omissions result in the suffering of persons. As a general duty of the state and its agencies to guard and protect its citizens, any infringement of the same attracts certain penalties to the perpetrator. Such penalties are out in the criminal laws. These punishments are meant to ensure justice for the victims (Friedman and Percival, 2017). It is also for the maintenance of law and order.
The forms of punishment vary per jurisdiction. These forms are however general, ranging from the death penalty for the offenses considered capital to the payment of fines and community service for petty offences. Some offences are minor to the extent that the penalties given to them are contemptuous, such as offering an apology or even being let off with a warning (John, 2013). In pronouncing the penalties, several factors are usually given due consideration by the judicial officers, apart from the crime committed. Such factors include age, gender and the extenuating factors that led to the commission or omission of the said offence.
The general purpose of punishment has been a subject of research as many governments have dedicated resources to finding the best way to deal with this issue. New studies are being conducted and policies being formulated with the core purpose of finding a way to effectively prevent criminal conduct (Matthews and Young, 2013). In this quest to find a balancing ground, several issues have been addressed such as the rights of the victims vis a vis those of the prisoners and the quest for justice to all. Although the rights of the prisoners have always taken a back stage since as the perpetrators or alleged perpetrators their absence in the society is most welcomed.
The inclusion of social mechanics of the society has had a great impact on the development of this area of practice of crime and punishment. The involvement of human rights organisations and the community as well as the introduction of acceptance in the forms of punishment. These changes have come up through various means, such as vide a court process, for the right of Muslim inmates to grow a beard to the right against torture, enshrined in the Convention against Torture and other forms of Degrading Treatment. These rights are accorded to the prisoners regardless of the magnitude of crimes they committed.
In a nutshell, the punishment prescribed for certain conduct is laid out in law. These are made to ensure that uniformity is achieved in the criminal justice system. In ensuring that justice is done, the prisoners are accorded some basic rights such as healthcare, the practice of their religious beliefs, visitation rights and much more. The treatment of prisoners and their respective rights have improved but still considered as degrading in certain instances.
Death penalty. Since time immemorial, the death penalty has been used as a form of punishment for those offences deemed capital. It was common to be sentenced to death when one kills or commits an abominable act. This practice is however lost its prominence as some jurisdictions have abolished the act and others; though have it as a punitive provision in their laws, rarely put it into practice (Garland, 2014). The uprising by some religious and human rights organisations in condemning this form punishment has yielded a lot of positive feedback. These organizations argue that life is sacrosanct and hence should be respected. They are against the practice of killing as a form of punishment for crimes that considered serious……
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Administrative Justice
Order Instructions:
The United States Supreme Court has had a tremendous impact on the criminal procedure practiced in all three sub components of the American criminal justice system. Discuss the three most important(landmark) Supreme Court cases that have dramatically changed how the criminal procedure is conducted in one of the subsystems (i.e. police, courts, or corrections).
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Which subsystem you choose is your choice as is the three cases, but be sure and say why you chose those cases, what was the substantial change those cases made to that subsystem. Also, discuss whether that change was for the better or not, with reasons for your answer SCHOLARLY SOURCES ONLY
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Reliability of Evidence
Question one
In legality terms, reliability has been used in evidence. The reliable evidence used is that one a lawyer or a judge find it to be credible to depend on upon when making an informed decision.
In terms of consistency, reliability is used evaluate or analyze the notch that various assessment on items do review same concept yield similar items. It is used to determine the correlation coefficient of similar items.
In terms of export testimony, reliability is used in a specialized way of wisdom that help the trier the fact to comprehend the evidence given in order to define a fact in subjects. In this context, the witness is the expert who has the knowledge, skill, well trained, experienced, and education may testify in form of an opinion freely, (Jardine, & Tsang, pg. 87, 2013).
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Question two
Countermeasure are non-violent acts which are often seemed illegal but when executed by one person to another, they become legal. One of the countermeasure is polygraph. Polygraph countermeasure are said to be ineffective since they are usually detected. The polygraph countermeasures are used because the antipolygraph.org proclaims that when used in closed doors, it becomes difficult for the polygraph to be detected easily, (Nelson, pg. 54, 2015).
Question three Bogus pipeline is a performance used by the social psychologists that help to minimize wrong answers when trying to assemble self-report information. The bogus pipeline is fake because it gets to convince the respondents that they are been witnessed and whatever they say will be questioned. They therefore proceeds by telling the truth about themselves, (Brunell, & Fisher, pg, 39, 2014).
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Palmatier, J. J., & Rovner, L. (2015). Credibility assessment: Preliminary Process Theory, the polygraph process, and construct validity. International Journal of Psychophysiology, 95(1), 3-13.
Robinson, C. (2012). Brake check technology: real time, all the time: electronic monitoring addresses the CVSA inspection standard. Bus Ride, 48(12).
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Retaliation
Critical Legal Thinking Case Study
In this case, Miriam Regalado files a sex discrimination charge against North American Stainless (NAS). Her fiancé Eric Thompson is later fired and proceeds to file a charge against NAS for alleged third party retaliation. He claims that he was fired in retaliation because his fiancée had filed a case against the company.
The U.S. District Court and the U.S Court of Appeal rule that Thompson is not protected by Title VII as third party claims are not permitted. The U.S. Supreme Court however rules in his favor, stating that Thompson is protected under Title VII and that employers should not perform actions aimed at dissuading a worker from filing or supporting a discrimination charge.
Retaliation claims are allowed under Title VII in a bid to protect employees from unlawful termination, based on an action that is protected by federal law. This also includes third party retaliation which encompasses protection of a close friend, colleague, relative, partner or other relation from termination for being associated with the person in question.
The law recognizes that an employer may terminate an individual related to the affected person as a form of ‘punishment’ and in a bid to dissuade them from making a claim or supporting discrimination charge and thus seeks to protect such individuals. The absence of such a law would make employees susceptible to unlawful termination for being involved in activities that are protected under the law such as filing for discrimination or supporting violation of such endeavors. Employee relations would also be at risk of termination without any fault. (Nacua, 2006).
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North American Stainless was unethical in its decision to fire Thompson and he should not have been fired just because Regalado was his fiancé. The case however does not clearly state the reason for Thompson’s dismissal, leading to a question of whether he may have been fired for a different reason other than retaliation.
This case sets precedence for increased possibility of employers being sued for retaliation following firing other relations such as girlfriends, boyfriends, co-workers, relatives and friends. The decision by the Supreme Court makes it clear that an individual can file a retaliation claim if he is fired due to activities, protected under the law, that a person they are related to is involved in.
On the other hand, the possibility of being sued may decrease because employers are now more aware of the risk of retaliation based on this case. It therefore means that they would be more cautious when dismissing staff.
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Racial Discrimination in the Criminal Justice System
Racial discrimination as a deterrent to public safety efforts in America: A study of citizens’ trust on the criminal justice system
In the past decades, the United States has been proactive in addressing the racial discrimination issue. However, the concern over unfairness and discrimination based on race remains a major cause of controversy within the criminal justice system.
Race and culture influences public safety policies immensely because there is need to design policies that address citizen needs without discrimination. Accordingly, public safety policy is developed through a series of write-ups that must be thoroughly scrutinized to determine that policy seeks to protect all citizens equally. In the event that public safety policy appears to negate from equal treatment public uproar is likely to result. This leads to questioning of values that underlie criminal justice policies and procedures; and the possibility that citizens could lose trust in the system due to unrelenting racial disparity (Lawrence, 2011).
This insinuates that until policies are further revised to create serious consequences for criminal justice officers who discriminate based on race and ethnicity, citizens’ trust on the justice system will continue to diminish (Durant, 2016). It is a mandatory obligation for the government to enhance citizens’ safety; while safeguarding equality grounded on racial or cultural background. This will ensure that public safety policies are effectively executed and that they are considered effective.
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It can be established that the U.S. is significantly committed towards ending discrimination in all aspects. Therefore, the criminal justice system is undergoing copious reforms, all which portray discrimination as unconstitutional and place emphasis on the need for professionalism within the system. However, discrimination still perseveres. A considerable number of citizens have been reported as serving jail term based on erroneous conviction (Smith & Hattery, 2011).
Minorities’ overrepresentation is also rampant, leading to continued questioning of the criminal justice system objectivity and whether every American can feel adequately protected by the system (The Sentencing Project, 2016). The police force is particularly as affected, having been criticized continuously in the recent past as being agents of discrimination. This is a serious predicament that the government must address, if its efforts towards enacting inclusive public safety measures are to be successful.
Based on this topic, the writer will demonstrate how racial discrimination has affected overall trust on the criminal justice system and how this is likely to impact public safety outcomes and policies.
References
Durant, J. M. (2015). Equal Protection: Access to Justice and Fairness in the American Criminal Justice System? Depaul Journal for Social Justice, 8(2), 175-198. Retrieved from eds.a.ebscohost.com/ehost/pdfviewer/pdfviewer?sid=29d32b56-8af3-487f-b80b-041bc4748a07%40sessionmgr4006&vid=1&hid=4205
Lawrence, K. O. (2011). Race, Crime, and Punishment: Breaking the connection in America. Washington, D.C: The Aspen Institute.
Smith, E., & Hattery, A. (2011). Race, Wrongful Conviction & Exoneration. Journal of AfricanAmerican Studies, 15(1), 74-94. doi:10.1007/s12111-010-9130-5
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Moral Dilemma in Criminal Justice
Case 1: The Parole Board
Critical dilemmas require critical decisions to minimize the risks that come with every cause of action. For this case, there is no guarantee that the release of prisoners on the federal process beyond the parole board control will serve its purpose without inflicting breaches in the security of the community. The alternative is therefore to take the less risky route of releasing the inmates by broadening the parole eligibility criteria.
As much as this is ethically wrong, it is a morally acceptable option. This is because prison overcrowding poses many risks health wise and it compromises the safety level in these facilities. For instance, many communicable diseases such as tuberculosis can spread uncontrollably in overcrowded populations. It also becomes impossible for the workforce available to keep law and order in such situations.
According to Pollock (2014), the purpose of prisons is to rehabilitate inmates to make them better people as they go back to the society. It is, therefore, essential to safeguard them from such incidences as well as respect their human rights (Bachman & Schutt, 2013). The moral question in this case Robert is faced with the moral question of the safety standards in the prison and at the same time he had to consider the probability of the inmates reoffending as evidenced by the assessment results.
The motivator to actors’ response is the fact that by releasing prisoners under the parole board control this department will have full control over them as opposed to the federal process. This is important because it only allows the release of low- and medium-level offenders to the community correction programs (Pollock, 2014). This ensures that these offenders re-enters the community in a well-regulated and managed procedure. Since it deals with inmates who are completing their term, the program acts as a last chance to the prisoners before incarceration.
The consequence of broadening the parole system will be the risk of releasing violent convicts who might disregard their agreement resulting to their return in prison and hence accelerate the overcrowding issue. From the results of assessment, it is evident that the parole system does not provide the right punishment for the prisoners since it has been found out that the prisoners are likely to offend again if they are subjected to the parole system. As such it is the obligation of Robert to decide on the corrective measure of dealing with the issue at hand.
Subsequently, he is supposed to give the correct information to the governor who will execute the plan (Bachman & Schutt, 2013). The federal system is, however, riskier as the released inmates are difficult to monitor and can, therefore, lead to increased crime in the community. This will lead the probationers back to prison, and therefore the overcrowding problem will not have been solved (Pollock, 2014). On the other hand, all the prisoners cannot be held in the same prisoners since as the situation is the prisoners are already overcrowded. This could bring other problems in the picture most importantly the health and the safety standards in the prison.
Considering the risk assessment of both options, it is clear that none would help unravel the problem at hand efficiently. Robert should ask the governor to consider expansion of prison facilities to accommodate more inmates. This will be both ethically and morally considerate because it will ensure prisoners are taken care of without disregarding neither their security nor that of the community. This proves to be the only conceivable way of solving this problem because, the probation and parole officers would experience diverse caseloads with the large numbers of inmates, therefore, limiting their capacities of supervising them (Pollock, 2014).
It is considered the only undisputable way of protecting convicts from the numerous risks that they face in overcrowded prisons without comprising on public safety. Proper prison conditions will also ensure that the lawbreakers will come out as helpful people due to the various correction programs offered to them. Overcrowding will only make the wardens anticipate releasing them without considering whether they have reformed or not so long as they have served their jail term.
Case 2: The Warden
In this case, William is facing a dilemma on whether to compromise on the inmates’ expenditure by cutting the health and food expenses to afford over time officers as well as replacement pay employees. This will, in turn, assist in eradicating the looming danger of understaffing which could lead to several other problems. By cutting on the food and medical budget, he will be able to pay the officers’ overtime as well as increase workforce to control the increasing population in the prisons (Bachman & Schutt, 2013).
It will also motivate the personnel, and they will enhance security and normality in the facility. As much as this may seem like the best alternative Robert has to think critically because denying the prisoners their rights to food and medical care is immoral and will result in severe consequences which might be fatal (Pollock, 2014). The motivational factor for this option is the need to maintain the workforce meant to prevent the triggers that can cause the employees to quit or fail to report on duty as required.
In my opinion, this is the best pronouncement that warden could implement to handle the ethical dilemma. Although this alternative will achieve the goal of maintaining the employees it will compromise on the safety of the prisoners. More so it might result in deaths of the lawbreakers emanating from the tremendous infections that are present in those facilities and are aggravated by the increasing populations.
The prisoners might also become rebellious, and this can trigger them to go on strike or even attack the prison wardens worsening the situation. Also, depriving the inmates of their medical rights will lead to increased epidemics that may further cost the facility a lot of money on treatment (Cole, Smith & DeJong, 2015). On the other hand, by not taking this option, the workers feel insecure and unappreciated, and this will prompt them to quit their jobs or fail to undertake their responsibilities.
They will also be overworked, and this will reduce their effectiveness when performing their duties. These workers will also become reluctant; this will compromise the safety of the facility and with the increasing population, it will be difficult for the limited workers to manage and control the inmates.
William should consider utilizing other amenities such as community supervision programs to decongest the prisons. These programs will take care of the prisoners who are completing their jail terms as well as those with minor offenses (Pollock, 2014). Prisoners with drug abuse and mental health problems should be taken to other rehabilitation centers that fit their needs best. This is because staying will only alleviate their conditions because drugs are also present in prison with inadequate labor it is impossible to keep track of such occurrences (Pollock, 2014).
Community supervision will incorporate prisoners in more useful activities including counseling, life skills training and educational based programs. This will not only help in the reforming of these lawbreakers but will also equip them with the much-needed self-development capabilities. Specialized courts should also be utilized to ensure the inmates placed under parole are complying with the community correction programs (Pollock, 2014).
The ethical basis for this decision is to ensure everybody in this situation is suited by the final decision that is made. The decision should entail the well-being of the prisoners and at the same time ensure that the prison is appropriately staffed. By utilization of other facilities, the overcrowding problem will be solved without compromising on the safety of the workers or cutting the food and health budget for the inmates. This will ensure that the personnel will feel secure in their working environments and will, therefore, be able to manage the remaining number of inmates.
It is, therefore, the duty of the warden to ensure that proper measures are established and implemented. Regarding drug and alcohol dependency, addicts recover better and faster when placed under specialized programs as opposed to incarceration. Therefore the warden should make plans to ensure that other institutions are engaged in taking care of the high inflow of the criminal offenders. It is therefore in the interest of all individuals to ensure that community supervision strategies are specifically used to ensure that all the lawbreakers are punished properly.
Therefore in the meeting it will be appropriate that William responds in respect to alternative strategies of handling the increased rate of prisoner’s inflow. Designation of some of the prisoners particularly the petty offenders to community based work release is one of the most effective strategies that would ensure that the facilities are not overcrowded. On the other hand, the problem of understaffing will be automatically addressed if overcrowding is addressed (Pollock, 2014). This is because it will be easier to cut down the costs in the prison when it is not overcrowded.
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Case 3: The District Attorney
The moral question that faces Martha is the question of being supportive of the governor or stand with her campaign platform of plea bargaining and reduced sentences for convicts. It would seem morally right to make good of her words during her campaign, but this option will compromise the security in the community as well as her relationship with the mayor (Maxfield & Babbie, 2014).
This brings about the dilemma since the district understands that the criminal records suggest that majority of the arrests are from the drug culture. It would be, therefore, unethical since a district attorney should be more concerned about the people’s security rather keeping her word to the convicts. However, she will appear like a traitor, and this is not a good picture to her future campaigns. Martha should be critical in her decision making for her to make the most out of this dilemma.
Martha is motivated by the fact that she will need the mayor and the community in her future campaigns for it to be a success. By deciding to support the mayor she will be assured of a smooth relationship between her and the police chief which will play a major role in the success of her campaigns. She will also secure support from the mayor and other stakeholders in law keeping during her future campaigns (Pollock, 2014). Apart from that, it is seemingly morally wrong to go easy on gun-toting drug merchants by reducing their sentences or plea-bargaining.
This is because such an action will be seen as collaboration with the wrongdoers which will imply that the district attorney is collaborating with the wrongdoers which can be likened to blackmail (Cole, Smith & DeJong, 2015). However, by going back in her words, she might as well forget future support from the community as this will portray her as a betrayer. She will, therefore, reduce her chances of remaining attorney general if the community loses faith in her. Also, it is morally wrong to deny the prisoners a fair trial by supporting the governor to exercise aggressive arrest of the drug felons (Braswell, McCarthy & McCarthy, 2014).
According to the analysis of both options, Martha should ensure that the arrestees face the law and are responsible for their offenses. This should, however, be done in that makes them face a fair trial and a sentence that matches the crimes committed by each (Cullen, & Chouhy, 2016). She should ask her staff to convict the lawbreakers each according to his/her crimes and not by treating and judging them as a group.
She should also ask the mayor and the chief police to introduce new sentences for the drug dealers especially those who do not involve murder or other serious crimes (Banks, 2016). These sentences can incorporate life training skills that will help the prisoners with alternative means of livelihood. This will reduce the art of drug hawking without necessarily being tough on the convicts. Subsequently, if she considers the morally right course of action, then it is most likely that she will get the support that she aspires to get.
This option also ensures that the convicts will be equipped differently as they go back to the community. Otherwise convicting the drug felons harshly will only result in bitter inmates who will be back to drug dealing as soon as they finish their jail terms. Also, by grouping the arrestees according to the level of their crimes, it will help the prosecutors determine the best sentence for each of them (Pollock, 2014).
This will result in long term cleaning of the streets in one way instead of convict and release style. The community’s security and the inmate’s interests will be met without compromising Martha’s ethical and moral responsibilities. It will, therefore, be a win-win situation for both her and the mayor (Pollock, 2014). This will ensure that she will have future support from the mayor, the police, and the entire community.
Case 4: The Officer
The moral and ethical aspect, in this case, is that Linda cannot decide on whether first to arrest the suspect or honor the dispatchers call and act as back up. It is immoral for her to let the suspect go despite the fact she has the evidence that the suspect is a drug dealer (Cole, Smith & DeJong, 2015). Although there have been several complaints regarding the fact that the police in the area have been engaging in making minor arrests, the officer happens to encounter such a case.
Coincidentally the officer happens to be in the middle of making an arrest regarding drugs when she receives the call to attend to a burglary in progress. However, it is also her responsibility to assist officers in patrol especially in times of emergency such as this one (Banks, 2016). Linda should, therefore, be critical to the most prudent decision for this dilemma. She should make a move that will benefit the interests of the community’s security as well as the nature of her job.
The fact that Linda might lose her job for handling a ‘petty drug case’ instead of serving as backup for the progressing burglary is the motivator for her course of decision. The easier route is letting loose the suspect and declare herself available for the backup (Albanese, 2015). By so doing she will secure her job and avoid the griping that comes with her colleagues about her not being available for this call of duty (Banks, 2016).
She will also save time and spare the already clogged up system. After all, it is also impossible for her to arrest the suspect without the help of the contraband. As much this seems like the right thing to do, it is unethical for Linda to leave a drug dealer suspect for whom she has evidence. This will compromise on the community’s security because drug dealing comes with many other crimes (Bazemore & Boba, 2007).
It will also encourage other culprits resulting to drug-dealer laden streets, which might be uncontrollable or cost the law keepers a lot of money to control. Letting the suspect go would also indicate that such a crime is not as important and therefore would encourage other drug peddlers (Bazemore & Boba, 2007).
Putting all these factors into considerations, Linda should truthfully tell the dispatcher that she is unavailable. Being a backup for the progressing burglary is essential but arresting and charging the suspect is equally important (Banks, 2016). She should also ask for a backup to help her arrest this suspect instead of risking her life trying to arrest this man alone. Disregarding the fact that there have been complaints regarding the situation at hand attending to it would be the appropriate course of action rather than setting free a probable convict (Albanese, 2015).
As much this will put her at risk, it is the moral and ethical thing to do. Since she has evidence that the suspect is indeed a drug dealer, it will not take her long to convict this suspect. This will therefore not be one of those cases that clog up the system. Furthermore, the evidence that she already has at hand could be used to build a case for the suspect, and the only remaining step would be to take him to the station. This is because the only thing she needs is to identify the suspect to be able to charge him.
It would be advisable that other officers especially those who are off duty should be utilized in such a case to act as the backup. She should also let her sergeant see the dangers posed by such drug dealers especially if they are left uncontrolled (Braswell, McCarthy, & McCarthy, 2014). This cause of action might result in Linda losing her job, but it is important to protect the people and save the law keepers time and money in the future instead of staying employed and only serving out of obligation.
References
Albanese, J. S. (2015). Professional ethics in criminal justice: Being ethical when no one isLooking. Pearson.
Bachman, R., & Schutt, R. K. (2013). The practice of research in criminology and criminal justice. Sage.
Banks, C. (2016). Criminal justice ethics: Theory and practice. Sage Publications.
Bazemore, G., & Boba, R. (2007). “Doing Good” to “Make Good”: Community Theory for Practice in a Restorative Justice Civic Engagement Reentry Model. Journal of Offender Rehabilitation, 46(1-2), 25-56.
Braswell, M. C., McCarthy, B. R., & McCarthy, B. J. (2014). Justice, crime, and ethics. Routledge.
Braswell, M. C., McCarthy, B. R., & McCarthy, B. J. (2014). Justice, crime, and ethics. Routledge.
Castellano, U. (2007). Becoming a nonexpert and other strategies for managing fieldwork Dilemmas in the criminal justice system. Journal of Contemporary Ethnography, 36(6), 704-730.
Cullen, F. T., & Chouhy, C. (2016). The role of theory, ideology, and ethics in criminal justice policy. Advancing Criminology and Criminal Justice Policy, 40.
Finkel, N. J., Harre, R., & Lopez, J. L. R. (2001). Commonsense morality across cultures: Notions of fairness, justice, honor and equity. Discourse Studies, 3(1), 5-27.
Maxfield, M. G., & Babbie, E. R. (2014). Research methods for criminal justice and criminology. Nelson Education.
Pollock, J. M. (2014). Ethical dilemmas and decisions in criminal justice. Nelson Education.
Williams, C. R., & Arrigo, B. A. (2011). Ethics, crime, and criminal justice. Pearson Higher Ed.
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Surveillance as Casework: Supervising Domestic ViolenceDefendants with GPS Technology
Ibarra, P. R., Gur, O. M., & Erez, E. (2014). Surveillance as casework: Supervising domestic violence defendants with GPS technology. Crime, Law and Social Change, 62(4), 417-444. doi: http://dx.doi.org/10.1007/s10611-014-9536-4
The author’s topic is directed towards establishing domestic violence defendants through the use of the GPS technology. According to the author, there has been a continued effort that ignored the relevance of traditional approaches directed towards supervising humans, an aspect that critically intrigues the need of a surveillance approach embedded in the judicial system casework. The author therefore makes an effort to conduct a comparative analysis with the aim of illustrating the manner in which the problem population differs across different segmented community correction agencies in the implementation of the surveillance regime.
The author therefore conducts a study to establish the manner in which surveillance styles reflect the capacity of agencies that are directed towards curbing crime and managing risks, an aspect that provides assistance and treatment through an observed process. According to the author, the programmatic element of these systems expresses the manner in which officers relate with offenders in their cases, as aspect that contrasts to the ambient approach of monitoring populations and the environment through the inclusion of data bank technology thus highlighting the essence of the surveillance style in caseworks.
The methods depicted by the author in this material detail how the systems are utilized in collecting personal information that are accessed through the data banks that are needed by government and market based actors. These efforts reflect a digitalized form of data that is conducted routinely and silently, an aspect that entails the visiting of websites, the acquisition of telephone dials, swiping of ID cards on entering a secured entity and using the images that are captured from a closed-circuit television (CCTV). The primary theoretic basis of the study lies on the use of surveillance as an object of inquiry, an aspect that achieves the objective of applying technology within the criminal justice systems.
The study provides no theoretical framework and extensively reviews existing literature in validating the views of the author. The author clearly communicates the need to examine the styles of surveillance among different community correction officers through the use of an EM through a comparative analysis that establishes the studies objectives through a review of several literatures, an aspect that uses and builds on the existing literature in establishing the study’s goal.
On the other hand, the material provides a research method that is not fully appropriate since it only details the data collection method and does not detail the research methodology used in the collection and analysis of data. The sample size detailed in this study involves the inclusion of three jurisdictions-West, Midwest and the South criminal justice workforce that are involved in the dispensation of GPS in DV caseworks either directly or indirectly.
The sample size is therefore appropriate since these agencies have distinct approaches in the operation of GPS in DV programs, an aspect that enables the study to conduct a comparative analysis of the surveillance systems and its application. Considering the several biases noted in the research, the study does not provide adequate control measures in addressing some of the research biases noted. This depicts the fact that the study did not consider using a paradigm solution in eliminating the biases, an aspect that intrigues the need for s strategy that handles validity of the study.
This study may therefore be replicable considering the fact that technology evolves and different surveillance systems are bound to change with time. The limitations of this study are evident in its inefficiency in establishing the difference between interactive and ambient systems, an aspect that effaces the responsibility and roles of human labor in the use of surveillance systems.
This clearly makes the studies objective obscure, thus giving the study a different interpretation. Lastly, the study’s conclusions are justifiable, in consideration of the fact that the surveillance regime is quickly gaining prominence within the judicial system. However, the author does not take into account the different cultural and social contexts since the study is only based on single research demography.
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This source is primarily different in structure as compared to other studies; since it details the legitimacy of different approaches of interactive surveillance an aspect that denotes the varying philosophies and approaches of community corrections. To clarify this, the author addresses the manner in which supervision is conceptualized in the literature review on using EM technology an aspect that is affirmed by an examination of the surveillance systems in three U.S based programs. This source therefore informs my future research since it creates a gap in addressing the roles of human labor in the use of surveillance systems a gap that the material fails to fill in the study.
The application of these methods within my project will be centered on an effort to enhance security within my work environment considering the constant threats that the society is currently experiencing from terroristic activities. On the other hand, the study would be applied in establishing some of the erroneous activities of different individuals who commit to upheaval activities in the community by detecting their missions and curbing them before they turn harmful. The article may not be considered universal since the context of the study varies.
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Individual rights and the public protection
Explain your philosophy and approach for balancing these two (2) issues: individual rights and the public’s protection.
Explain your philosophy and approach for balancing of these two (2) issues: use of reward and punishment in criminal justice.
Explain your philosophy and approach for balancing the use of immoral means (e.g., lying in interrogation) to accomplish desirable ends.
Recommend at least three (3) ways to use ethics in decision making about these issues in criminal justice.
Individual rights and the public protection
My Philosophy and Approach to Criminal Justice Issues
Introduction
Criminal justice constitutes a very crucial part of any country since it is a system of institutions and practices of governments aimed at upholding social control as well as mitigating and deterring crime. However, ethics in criminal justice provides us with ways of making moral choices during uncertainties concerning what to do in situations that involve moral issues (Garland, 2002). Hence, in everyday operations of the criminal justice systems, moral rules or ethics are highly necessary, not because of expressing absolute truth, but their role in helping to uphold ethical conduct in criminal justice issues.
My philosophy and approach for balancing individual rights and the public’s protection
Everyone has his/her individual rights which must be respected but striking a good balance must be attained when they conflict with public protection. This is because despite the priority and supremacy given to individual rights of someone, nobody should be allowed to endanger the public on basis of individual rights because public protection is also of eminent significance (Hinman, 1998).
Thus, my philosophy and approach towards the best ways of balancing between individual rights and public’s protection is that, at all time individual rights should be given priority but without unnecessarily threatening public protection (Garland, 2002).
For example, my philosophy and approach to freedom of interaction and expression as individual rights is that, they should be given a top priority but whenever it’s evident that someone is putting the public at risk, then public protection should prevail and these individual rights should be withdrawn. Fuller (2005) reiterates that an individual is part of the public and upholding individual rights eventually results to public protection.
For instance, in case of an outbreak of potentially deadly epidemics which are a threat to the public, individual rights such as freedom of movement may be suspended through quarantines in order to prevent the spread of the disease to the general public in other places. This should also apply in case some people are potentially dangerous to the public.
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My philosophy and approach for balancing use of reward and punishment in criminal justice
The society has developed criminal justice to allow people live with others without violating their liberty, and in case of violation of these laws punishment is almost the usual measure. Use of rewards in criminal justice is very rare, and the only well known reward is to refrain from committing crimes and avoiding punishment (Walker, 1980). Therefore, options to use rewards are severely diminished in our criminal justice system.
However, my philosophy and approach is that, both rewards and punishment should be used in promoting good behaviours. For example, persons who have not severely stumbled into the criminal justice system, the rewards should be used to rehabilitate them whereas in severe cases punishment should prevail.
My philosophy and approach for balancing the use of immoral means to accomplish desirable ends
My philosophy and approach is that, at all times the criminal justice should refrain from using an immoral mean to accomplish desirable ends. These immoral means such as torture, coercion, lying in interrogation and verbal trickery should be strongly shunned because they don’t align with ethics which should be governing criminal justice (Fuller, 2005). Hence honesty and transparency should be maintained at all times irrespective of whether desirable ends will be accomplished, after all criminal justice is about ensuring justice prevails but not convenience.
Ways to use ethics in decision making about issues in criminal justice
Holmes (1998) argues that when faced with criminal justice ethical dilemmas the first thing to use is our intuitive level of moral thinking because it provides us with principles which are relatively simple and derived from our past experiences of decision making. Moreover, the use of ethics in criminal justice issues also requires critical thinking which applies principles established by moral concepts and philosophy.
Thus, when making decisions on issues of criminal justice, we may require application of both intuitive and non-intuitive forms of thinking to identify the most effective and ethical courses of action in making decisions on issues of criminal justice ethical dilemmas (Hinman, 1998). Hence there are several ways on how ethics can be used in decisions about issues of criminal justice.
Firstly, the initial appropriate way to use ethics in making decisions on criminal justice issues is to make sure there is collection of all the relevant facts and knowledge to aid decision making (Wolfgang, 1990). This is crucial to enable making informed decisions. Secondly, the other way to use ethics in making decisions about criminal justice is to ensure that you apply the necessary ethical principles, theories and approaches to guide for the most appropriate course of action.
Thirdly, identification of available options should take place followed by selection of the most appropriate for the criminal justice issue under consideration (Fuller, 2005). Considering these factors will allow someone to choose the option that is most ethically appropriate.
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Conclusion
In conclusion, it is evident that ethics is undoubtedly the most crucial component of criminal justice, and there is a need to uphold ethics in the practice and operations of our criminal justice systems. Hence the right philosophy and approaches should be embraced in the course of addressing all the issues of criminal justices in order to ensure that efficiency, honesty and transparency is maintained.
Garland, D. (2002). Of Crimes and Criminals. In Maguire, Mike, Rod Morgan, Robert Reiner. The Oxford Handbook of Criminology, 3rd edition. Oxford: Oxford University Press.
Hinman, L. (1998). Ethics: A Pluralistic Approach to Moral Theory. Fort Worth, TX: Harcourt Brace.
