Tag: Criminal Justice

Human Dignity And Capital Punishment: Case Study

Human Dignity And Capital Punishment
Human Dignity And Capital Punishment

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Case Study: Human Dignity And Capital Punishment

Introduction

 Case study 2 describes human capital punishment for two Australian Citizens caught smuggling Heroin to Indonesia. Andrew Chan and Myuran Sukumar were executed after receiving death sentence from an Indonesian court. 

Dignity refers to worth or value, therefore; human dignity refers to human worth and value.  There are various approaches of human dignity which are classified by Kirchhoffer into two categories. Category 1 refers to the understanding of human dignity that is based in belief that human value is high because they are human or they possess certain capacities that are absent in other creatures. In Category 2, human dignity understanding is based on their belief that dignity is acquired or lost through the individual own feelings or specific dignity bestowing behaviour (Dhai, 2013). This paper describes the dignity of Andrew Chan and Myuran Sukumaran in relation to their execution based on Kirchhoffer classification.

            Human dignity claims are mainly used to support or oppose death penalty. It has been argued that some acts such as homicide, death penalty are justified based on retributive punishment framework. Retribution involves respect for human autonomy and the decisions people make. It is also argued that death penalty is effective as it allows the relatives and friends of the victims find closure, facilitate emotional healing as they carry on with their lives (Jones, 2012).  However, is there a possibility that some victims are unfairly executed?  The main issue of significance in this case study 2 is that human life is sacred. It has inalienable dignity. In this regard, this paper explores the concepts of human dignity.  It aims at evaluating if human dignity lie in human life, in the capacity of the decisions made by human or in the societal judgement of their past behaviour (Roche, 2011).

Perspective 1A: “Human has Dignity Simply because they are Human Species”

 According to this perspective, human life is sacred. Most of the religious arguments fall into this perspective because they believe that human beings were created in the image of God.  Non-religious proponents argue that is natural to fight for survival of one’s species, thus; it human species have special value against any intrinsic value or instrumental values possessed by the other species. This indicates that human beings have inherent worth because they belong to human species (Rydberg & Pizarro, 2014).

Based on this perspective, the execution of Andrew Chan and Myuran Sukumar in Indonesia devalued the aspects human dignity. This is because the value of human dignity is inherent is their lives and not their actions. According to religious arguments, people’s actions do not necessarily define their dignity.  It is not what people do or fail to which gives them dignity. It is the purpose of God, creator of the heaven and earth.  People’s action is shaped by circumstances they face (Zylberman, 2016).

Perspective IB “Human Beings have Inherent worth Due to their Distinctive and Special Abilities”

            This perspective interrelates with perspective IA in that all human are equal and possess inherent dignity. This perspective argues that human dignity arises from the fact that they have special distinctive attributes and special abilities. This is supported by German philosopher Immanuel Kant that human beings value is intrinsic in all members of the society (Trojan & Salfati, 2010).

This implies that humans are to live a life as predefined by the societal morals and self-consciousness. This perspective is used to promulgate the aspect of moral values in the society, failure to which the person is punished according the punishment equivalent to the value violated.  Similar to perspective IA, it argues that due to the high capacities and specific attributes possessed by human beings, then they can be rehabilitated through proper treatment and training.  This perspective is supported by the case study as Andrew Chan and Myuran Sukumar has reformed completely; which indicates that their execution was unjustified (Muftic & Hunt, 2012).

2 A “dignity can be acquired or lost through sense of self-worth”

This perspective understands the concepts of human dignity as some type of pride in one self and conscious sense of an individual’s worth as human being, which enables them to live a meaningful life.  The way a person view themselves impacts on their life experiences. People who lack self-worth   tend to struggle to find happiness and success.  This makes them engage in activities that deviate from the society norms, affecting their relationship with the other people.  It leads to further misery and struggle.  However, this does not reduce their human dignity because it is innate (Kirchengast, 2010).

This implies that it was important for the Indonesian society to challenge their thinking.  For example, what criteria were it used to reach to an agreement that Andrew Chan and Myuran Sukumar were harmful people in the society? Did they have evidence on their past actions that indicated that they are extremely violent and threat to the society?  The negative attitude accorded to these Australian citizens did not make sense because their verdict was made with an assumption that these individuals cannot transform, and that they will always be in their worst behaviours which is erroneous (McCormick, 2015).

2B “Dignity can be acquired or lost through Moral or Immoral Behaviour.

This perspective focuses much on the way the society judge’s one based on their past behaviour and not by their self-worth. Some people are the society’s hero because they lived selfless lives and lived their lives in pursuit of high ideals and exemplary conduct. These include people such as Mahatma Gandhi, Martin Luther King Jr., and Mother Teresa. Others may be judged as to have lost their dignity due to their violent criminal acts (Cssidy, 2012). In this case Andrew Chan and Myuran Sukumar were engaged in criminal activities of trafficking heroin. According to the Indonesian society, substance abuse is done by people who have an intent of becoming violent and harming others. The society has negative attitudes towards these two people as they perceive them as threat. For instance, the Indonesian government to surround Andrew Chan and Myuran Sukumar with military security style during transfer indicated that they perceived these people’s character as extremely dangerous which is not true (Kirchhoffer, 2011).

It can be argued that the death sentence is a form of punishment that removes bad/evil people in the society; which aims at increasing survival of good species; the outcomes of this practice are futile.  An effective form of punishment should have a purpose to treat and restoration of the desired behaviour and not to kill. On the other hand, Andrew Chan and Myuran Sukumar determination to die  with dignity so as to prevent their parent unnecessary distress indicates that they had gained sense of self-worth, and passionate enough to ensure that their relatives reach in closure  and vindication (Mattson & Clark, 2011).

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Social Norms, Attitudes, and Other Circumstances Impact On the Aspects of Human Dignity

Proponents of death sentence argue that this practice protects the society from evil people, who inflict harm and distract the society harmony. According the social attitudes; it is the role of each and every government to protect its society from violent and heinous acts that would erode the society moral behaviour. 

All people have the right to live in a safe environment, without the fear that their children will become drug addicts or die of addiction. Removing these people from the society is a measure to maintain public safety. Additionally, seeing people get executed, it deter other youths from practicing such acts (Ryan, 2016).

            Additionally, the society ethics is embedded on the beliefs and ideas if what is wrong or right, good and bad. Human dignity is embedded in the social relationships satisfaction and attitudes held by the society. In addition, it is embedded on the patterns of behaviour that are believed by the society as they bring in harmony and cooperation, fairness and justice.  The beliefs and ideas of human dignity are analysed, articulated and interpreted according to the moral thinkers of the society.

Most of the westernized society are characterised by organized functioning human communities. The ethical systems have undoubtedly evolved their values, values and principles that regulate human behaviour (Kirchhoffer & Dierickx, 2011). Based on the Indonesian society values and believes, then Andrew Chan and Myuran Sukumar punishment was justified.

The main argument for the ruling by the Indonesian court is that it aimed at deterring such actions from happening again. In my perspective, death penalty does not seem to deter people from committing violent crimes. It only deters the likelihood of other criminals being caught and punished.  There lacks a scientific proof that the death penalty resulted to greater deterrent effect than other forms of punishment (Kirchhoffer & Dierickx, 2012).

Therefore, the execution of these two prisoners was harsh punishment on the individuals but not on crime.  The impact underlying societal expectation and values cannot be overlooked. This has resulted in education frameworks that ignore the fundamental values of human dignity but focuses more on wealth acquisition.  For this reason, the society has failed to value life and to cherish human beings above their possessions, power, desires and pleasures (Wierenga, 2011).

Human Dignity is Multidimensional

Humans possess multidimensional qualities including the emotional, physical, social, spiritual, symbolic and interpersonal qualities.  According to Macquarrie, humanity is unfinished product that is moving into possibilities that are still unfolded.  Therefore, during these developments and concepts, human dignity concepts tend to conflict each other.  Human dignity is multidimensional.  It can be described in four different ways, which sometimes they conflict to one another. Human dignity is something that human already have and also something that they strive to acquire (Lee, 2014).

Based on International Covenant on Civil and Political Rights (ICCPR), all people that have limited liberty must be treated with liberty and respect (1 A). This affirms the argument in that dignity lie in human.  This ideology acknowledges the complexity of being human and the multidimensional aspects involved. Therefore, human beings are not to be reduced to one type of level of functioning (Vanhaelemeesch & Vander Beken, 2014).

Where a deviation occurs, it is important to understand that all humans are equal. It is important to also acknowledge that dignity as an aspect that can be acquired or lost through sense of self-worth (2A).   Therefore, it is likely that Andrew Chan and Myuran Sukumar past actions were due to loss of self-worth, but through rehabilitative processes, their self-worth would have been restored. However, their loss of sense of dignity cannot be equated to their actual possession of dignity (Strelan & Prooijen, 2013).

The quadrant 1B argues that Human beings have inherent worth due to their distinctive and special abilities.Perspective 2B states that dignity can be acquired or lost through moral or immoral behaviour which according to my perspective, they do not support death penalty as human beings have unique capacity of being rehabilitated and become reformed. Therefore, it is rather obvious to state that if human life is complex than on single dimension, then it is unfair to just the person’s dignity based on one dimension.  Although it is important to acknowledge that a person’s moral action indicates their dignity orientation, it is also important to recognize that there is chance for change, growth, compassion, forgiveness and reconciliation (Matthews, 2014).

Conclusion

            The criminal justice system should maintain law and order in the society by punishing the offenders. However, harsh and unjustified punishments will not restore the victim’s behaviours. In my perspective, capital punishment must be eradicated and replaced with rehabilitative services that challenge, encourage and reward the offenders for their transformed attitudes and behaviours.

Most of the offenders engage in criminal activities to seek means of survival. Empowering them with skills will help them get employment, and live by example in the society. In this case, the execution of Andrew Chan and Myuran Sukumar was unjustified as their human dignity was not protected. I believe these past experiences have facilitated change in such policies that devalue the dignity of human.

References

Cassidy, J. (2012). Hollow Avowals of Human Rights Protection – Time for an Australian Federal Bill Of Rights? Deakin Law Review, 13(2), 131-176.

Dhai, A. (2013). Human Dignity in Contemporary Ethics by David G Kirchhoffer. S Afr J BL, 6(2), 74. http://dx.doi.org/10.7196/sajbl.294341..com/login.aspx?direct=true&db=aph&AN=5913723&site=ehost-live,

JONES, D. (2012). HUMAN DIGNITY IN BIOETHICS AND LAW by Charles Foster. New Blackfriars, 94(1049), 114-116. http://dx.doi.org/10.1111/j.1741-2005.2012.01524_2.x

Kirchengast, T. (2010). The Landscape of Victim Rights in Australian Homicide Cases–Lessons from the International Experience. Oxford Journal Of Legal Studies, 31(1), 133-163. http://dx.doi.org/10.1093/ojls/gqq031

Kirchhoffer, D. (2011). Bioethics and the Demise of the Concept of Human Dignity. Human Reproduction & Genetic Ethics, 17(2), 141-154. http://dx.doi.org/10.1558/hrge.v17i2.141

Kirchhoffer, D. & Dierickx, K. (2011). Human dignity and human tissue: a meaningful ethical relationship?. Journal Of Medical Ethics, 37(9), 552-556. http://dx.doi.org/10.1136/jme.2010.041509

Kirchhoffer, D. & Dierickx, K. (2012). Human dignity and consent in research biobanking. S Afr J BL, 5(2). http://dx.doi.org/10.7196/sajbl.237

Lee, C. (2014). Inter-war Penal Policy and Crime in England: The Dartmoor Convict Prison Riot, 1932. Social History, 39(2), 303-304. http://dx.doi.org/10.1080/03071022.2014.896548

MATTHEWS, P. (2014). HUMAN DIGNITY IN CONTEMPORARY ETHICS by David G. Kirchhoffer, Teneo Press, New York, 2013, pp. xii + 356, £16.00, pbk. New Blackfriars, 96(1061), 122-124. http://dx.doi.org/10.1111/nbfr.12103_9

Mattson, D. & Clark, S. (2011). Human dignity in concept and practice. Policy Sci, 44(4), 303-319. http://dx.doi.org/10.1007/s11077-010-9124-0

McCormick, P. (2015). Book Review: Human Dignity in Contemporary Ethics. By David G. Kirchhoffer. Theological Studies, 76(4), 895-896. http://dx.doi.org/10.1177/0040563915605267r

Muftic, L. & Hunt, D. (2012). Victim Precipitation: Further Understanding the Linkage Between Victimization and Offending in Homicide. Homicide Studies, 17(3), 239-254. http://dx.doi.org/10.1177/1088767912461785

Roche, D. (2011). The Evolving Definition of Restorative Justice. Contemporary Justice Review, 4(3/4),

Ryan, P. (2016). CAPITAL PUNISHMENT. Quadrant Magazine, 50(1/2), 127-128. Stapleton, P., & Whitehead, M. (2014). Dysfunctional Eating in an Australian Community Sample: The Role of Emotion Regulation, Impulsivity, and Reward and Punishment Sensitivity. Australian Psychologist, 49(6), 358-368. doi:10.1111/ap.12070.

Rydberg, J. & Pizarro, J. (2014). Victim Lifestyle as a Correlate of Homicide Clearance. Homicide Studies, 18(4), 342-362. http://dx.doi.org/10.1177/1088767914521813

Strelan, P., & Prooijen, J. (2013). Retribution and forgiveness: The healing effects of punishing for just deserts. European Journal of Social Psychology, 43(6), 544-553. doi:10.1002/ejsp.1964. Weatherburn, D. (2014). Strategies for managing criminal justice systems. Australian Journal of Public Administration, 53(1), 67.

Trojan, C. & Salfati, C. (2010). A Multidimensional Analysis of Criminal Specialization Among Single-Victim and Serial Homicide Offenders. Homicide Studies, 14(2), 107-131. http://dx.doi.org/10.1177/1088767910364936

Vanhaelemeesch, D. & Vander Beken, T. (2014). Between convict and ward: the experiences of people living with offenders subject to electronic monitoring. Crime Law Soc Change, 62(4), 389-415. http://dx.doi.org/10.1007/s10611-014-9535-5

Wierenga, A. (2011). Transitions, local culture and human dignity: Rural young men in a changing world. Journal of Sociology, 47(4), 371-387. doi:10.1177/144078311420791.

Zylberman, A. (2016). Human Dignity. Philosophy Compass, 11(4), 201-210. http://dx.doi.org/10.1111/phc3.12317

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Parole: Moral Dilemma in Criminal Justice Case Study

Parole
Parole

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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 is Looking. 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.

Cole, G. F., Smith, C. E., & DeJong, C. (2015). The American system of criminal justice. Nelson Education.

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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Burglary: Criminal Justice

Burglary
Burglary

How the Definition of Burglary Has Changed From The old Common Laws

According to the old common definition of burglary, it refers to any form of unauthorized entry into another individual’s residence without his or her permission and with bad intentions at night (Herring, 2014). This definition emphasizes on the fact that one is to be considered a burglar, if and only if his or her entrance is strictly into another person’s home, and in this case without authority.

Even though not all burglars are thieves, it is assumed that their intention is always to commit crime (Mawby, 2013). However, the modern day definition differs from the previous one in that; any forced entry without authority during the day also amounts to burglary. The sense in this definition is that; burglary as a crime can also take place in the day and in any building that can house people and not just people’s homes.

An Analysis of Burglar Crimes

In most cases, burglars are people who have previously committed different types of crimes, or are doing it to meet their daily needs or requirements (Wright, R., & Decker, 2016). Most of them may be motivated to participate in burglary in order to acquire drugs, money or simply from peer pressure. Cases of burglary usually have a great impact on the affected people, as a criminal offence that involves forced entry or breakage, most of them are left in fear or psychological torture, and they feel insecure when left alone in their residence or business area (Herring, 2014).

There are two factors that have to be taken into consideration when associating an individual with being a burglar, these are; the ‘mens rea’, which in this case refers to the mental state of the burglar, or in other words, the burglar’s awareness of the fact that he or she could be committing a crime; and the ‘actus Reus’, which again refers to the burglar’s objective when committing the crime, or the motif behind his actions (Herring, 2014). Proving the existence of the above two factors is enough evidence to show that a burglary crime was committed.

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Secondly, although the law classifies burglary as a planned crime, several factors have to be considered while analyzing it (Mawby, 2013). These are; whether different but similar crimes have been committed alongside; or if the burglar committed a different crime after the forced entry.

For instance, burglary with physical violence and threats to the victims is a common crime. In this case, the burglar should be arraigned with two crimes; burglary and assault or depending with the crime committed after the forced entry (Herring, 2014). Nevertheless, a burglar takes time to learn and understand their targets’ routine, as such, there is a lot of stalking of their chosen targets to fully come up with a suitable plan, and this also amounts in a crime.

            Since not all burglars are stupid, trends in burglary crimes have changed from the way they occurred before to new styles in this century. Examples of modern day burglar crimes include: non-staff members in a school scenario entering into student residence with intentions of stealing; a student entering into the administrator’s office with the intention to steal her teacher’s purse. Regardless of the fact that such crimes may not necessarily involve forced entry, they still amount to burglarying according to its modern day definition.

References

Herring, J. (2014). Criminal law: text, cases, and materials. USA: Oxford University Press

Mawby, R. (2013). Burglary. London, UK: Routledge.

Wright, R., & Decker, S. H. (2016). Deciding to Commit a Burglary. In P. Adler (Ed.), Constructions of Deviance. Belmont, CA: Cengage.

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ISSUES IN CORRECTIONAL FACILITIES

Correctional facilities
Correctional facilities

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ISSUES IN CORRECTIONAL FACILITIES

Introduction

Correctional facilities like prisons and youth development centers in the California state, are tasked with the responsibility of rehabilitating, deterring, retribution and total incapacitation of individuals who act against social rules and norms (Brust & Ford, 2015). However, this task has often proven to be a challenge to those responsible in the management of these facilities, some of these challenges revolve around resource and budgetary constraints, and are manifested in the rampant cases of overcrowding in facilities, policies that are a threat to public safety, ineffective juvenile rehabilitation programs, and many ethical issues that regard the operation and management of corrections in the state of California (Ouss, 2015).

Due to these and other issues that will be discussed herein, issues of inefficiency and ineffectiveness of corrections are increasingly becoming a concern to many (Brust & Ford, 2015).

Issues in Correctional Facilities in the State of California

The onset of this decade has seen a rise in the number of challenges faced by the authorities of both state and county jails in the state of California, among which includes the prisons of Avenal, Corcoran and kings county jail. The high fluctuation in the number of inmates has for instance been a major issue in Avenal and Corcoran prisons, for example, Avenal prison is reported to have an approximated population of 3216 inmates, which as per the its holding capacity exceeds by around 10%.

This issue has resulted in overcrowding in the facility, and as such, the authorities have been finding difficulty in their efforts to accommodate inmates (Latessa & Smith, 2015). The prison is also reported to have had a case of a population influx that hit 8000, leading to shortage of bed and other accommodation facilities in the prison (Altschuler et al., 2016). Despite the premise that having a high population attracts more state funding, most of these facilities still suffer from poor allocation of these funds (Latessa & Smith, 2015).

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 A worst case scenario in the correctional facilities often occurs during the drought periods, which are marked with limited water supply, this adds on to resource constraints that compels the authorities to give early releases as an alternative (Brust & Ford, 2015). Cases of the early releases are often due to population increase, especially in county prisons, for instance, the criminal justice realignment program sees more inmates being driven from state to county jails, which is done to ease the high population influx by relocating less crime offenders (Ouss, 2015).

On the long run, this results to overcrowding in county jails. This situation is even worsened by the provisions of the Assembly bill 900, which tasks counties with the responsibility of running county prisons (Altschuler et al., 2016).

Early release programs are often adopted to complement the budgetary cuts effected by the state, this result of state and county authorities receiving less funds to run correctional facilities. These early releases have been reported to cause a rise in crime rates in California, as more and more non rehabilitated individuals are released into the streets (Altschuler et al., 2016).

The incapacitation of correction’s authorities has also been a precursor to the ineffective nature of rehabilitation programs, this is primarily because the authorities have a limited ability to provide incentives to prisoners, which is necessary in order to encourage them to subscribe to those programs. The rise in the cases of prison escape may also be attributed to this incapacitation (Brust & Ford, 2015).

Ethical issues in prisons are also a major concern in the running of corrections, for instance, cases of disease outbreak and abuse of prisoners have also been reported to plague the facilities. The outbreak of the valley fever in Pleasant valley and Avenal state prison is an example of the poor ethical consideration in the management of these facilities, the case of sexual abuse in Woodland Hills by authorities is another (Altschuler et al., 2016). The limited ability of the authorities to manage these facilities may also be seen in the high number of drug abuse cases, a good example is that of the 19 prisoners who died from a drug overdose (Brust & Ford, 2015).

Conclusion

Corrections in the state of California are plagued with many Issues and challenges that are becoming a great concern to the public, the ability of these facilities to meet their objectives is also under question (Brust & Ford, 2015). This has mainly been due to the emerging cases of resource constraint, poor ethical considerations, ineffective rehabilitation programs, policies that pose a threat to public safety among many others. It is hoped that a lasting solution will be found to restore the effectiveness and efficiency of the correctional facilities (Latessa & Smith, 2015).

References

Altschuler, D. M., Hussemann, J., Zweig, J., Bañuelos, I., Ross, C., & Liberman, A. (2016). The Sustainability of Juvenile Programs beyond Second Chance Act Funding. Retrieved from http://www.urban.org/sites/default/files/alfresco/publication-pdfs/2000611-The-Sustainability-of-Juvenile-Programs-beyond-Second-Chance-Act-Funding-The-Case-of-Two-Grantees.pdf

Brust, A., & Ford, S. (2015). Speculating on Gold: A Narrative of Private Corrections in California. Writing. Retrieved from http://sites.duke.edu/bakerscholars/files/2015/04/Speculating-on-Gold-A-Narrative-of-Private-Corrections-in-California.pdf

Latessa, E. J., & Smith, P. (2015). Corrections in the Community. Routledge. Retrieved from http://216.69.13.12/faculty/Academics/Syllabi%20Spring%202014/CRJ%20203%2045T1%20WSmith%20Spring%202014.pdf

Ouss, A. (2015). Incentives Structures and Criminal Justice. Available at SSRN 2685952: http://ssrn.com/abstract=2685952 or http://dx.doi.org/10.2139/ssrn.2685952

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JUVENILE JUSTICE CORRECTIONAL FACILITIES

Juvenile justice correctional facilities
Juvenile justice correctional facilities

Juvenile justice correctional facilities

Draft Survey

Research Question: What are the optimal types of programs, implemented in the juvenile justice correctional facilities that would resolve the problem of juvenile delinquency?

Spatial definition of the subject of research (area of research): This case study will discuss juvenile justice correctional facilities in the United States

Time frame of the subject of research: The period from year 1990 to year 2017

Target group: Minors

Methods: comparative method, historical method, qualitative method, description, method of proof

Techniques: data collection, including: interview, surveys, content analysis

Key words: minors, juvenile, correction facilities, program, crime, reintegration, society, substance abuse, recidivism

Results: The main purpose of undertaking any research process is coming to new and undiscovered solutions about the specific topic, as well as coming to those findings which may help the profession and the community itself.  This research study aims to prove that a well implemented program can lead to the reintegration of minors in the society and can therefore have an impact both on social security, improvement of the life of specific minors and at the same time help the government budget.

Terms and definitions:

Minor – under the legal age of full responsibility (this age varies in different countries); the term which legally demarcates childhood from adulthood.

(http://www.dictionary.com/browse/minor)

Correctional facility – any residential facility with construction fixtures or staffing models designed to restrict the movements and activities of those placed in the facility. It is used for the placement of any juvenile adjudicated of having committed an offense, or, when applicable, of any other individual convicted of a criminal offense (https://www.ojjdp.gov/mpg/litreviews/Correctional_Facilities.pdf)

Program – a plan of action aimed at accomplishing a clear objective, with details on what work is to be done, by whom, when, and what means or resources will be used (http://www.businessdictionary.com/definition/program.html)

Reintegration – restoration to a unified state; to integrate again into an entity; restore to unity (http://www.dictionary.com/browse/reintegration)

Society – an organized group of persons associated together for religious, benevolent, cultural, scientific, political, patriotic, or other purposes

(http://www.dictionary.com/browse/society)

Recidivism – a tendency to relapse into a previous condition or mode of behavior; especially: relapse into criminal behavior (https://www.merriam-webster.com/dictionary/recidivism)

1. Introduction on Intervention Problem

The subject and the intervention problem of this case study is determined by the chosen theme – Juvenile Justice Correctional Facilities. The structure of this case study will be handled by presenting the theoretical basis of the research subject and then the practical basis of the research subject.

The theoretical basis of the object of research will include the research of this topic in the existing literature – Juvenile Justice Correctional Facilities and minor behavior / juvenile delinquency as perceived in the theory, their classification and purpose; the practical part of this case study will include the application of scientific knowledge in practice – finding and implementing the optimal program in selected juvenile justice facilities and the track of its implementation in practice. 

Foundations of this research paper are based on the research and therefore identification of the optimal type of program that would resolve the problem of juvenile delinquency. This case study has the pretension to explain this aspect from various points of view; primarily from the legal, security and criminological point of view.

Why is it important to identify and implement the best program of juvenile justice correctional facilities? In simple terms – juvenile offenders, due to their young age, must be, after leaving the juvenile facility, reintegrated as equal members of the society. 

One other question that arises in this aspect is the following: how can the state ensure the implementation of the given program (program that would lead to the reintegration of the minor) along with the necessary human or material resources needed in order to do so? States are already spending enormous amounts of money in this sector.

Costs and resources needed to obtain juveniles in correctional facilities are quite big. On report given by The Justice Policy Institute in 2009 said that it costs on average of $240.99 per day for one juvenile to obtain juveniles in correctional facilities founded by the state. This is approximately $88,000 per year.

(https://www.ojjdp.gov/mpg/litreviews/Correctional_Facilities.pdf)

But although the spending, this approach does not contribute to improving the problem of minor delinquency. Therefore and due to the budget constraints, many states are rethinking their steps in this area. Implementing a program which would reduce the number of juvenile offenders and contribute to general security is certainly a step in the right direction.

2. Program to Resolve the Problem

 This part of the case study will provide the answer to the previously stated research question: what is the optimal program / are the optimal types of programs, implemented in the juvenile justice correctional facilities that would resolve the problem of juvenile delinquency?

The program that would be optimal for the problem identified in this case study is a program that would contribute both to the deterrence of the existing juvenile offenders from committing criminal offenses while at the same time combating crime rates among this population in general. This is according to Gendreau and Goggin (1996) the main principle of effective correctional programming.

The program that will be presented in this case study represents a program that will be a result of research and discussion between different focus groups and created primly in order to contribute to reducing the number of juvenile offenders. The program provides direct work with minors and individuals employed in selected juvenile facilities as well as other professionals working on its implementation.

The analysis showed that there is a need to introduce effective mechanisms for preventing and combating juvenile delinquency; the need of a program that would be effective in combating crime among minors, lead to less drug and alcohol abuse among this population, educate the minors and would in the long run lead to lower state costs for this particular subject. (Juvenile Detention Alternatives Initiative)

The purpose of the adoption of the program is to sensitize professionals, parents, children and young people as well as the entire society to the problem of juvenile delinquency and increase their level of awareness of the existence of this problem, the establishment of systems solutions and mechanisms of action for the prevention of its occurrence and to alleviate its consequences.

For this purpose, the program is designed as a series of practical steps in the area of ​​prevention juvenile delinquency. This program aims to promote various forms of communication in order to create a healthy and stimulating environment for the targeted group: the minors, and all of this by using different scientific methods and techniques that will be described further on.

Also, special attention is paid to the mechanism of introducing new interactive methods in the existing education system, both in schools as well as while the minor is incarcerated in the juvenile correctional facilities.  Educational background aims to build better grounds providing a healthy environment in which juvenile delinquency is minimized. As it can see, the backbone of this program is education.

2.1. Duties and principles on which the program is based

The main tasks of the Program are as following:

  • to create a positive attitude towards respect for basic human values;
  • to mobilize social resources in promoting the prevention of juvenile delinquency;
  • to teach the culture of peace, tolerance, communication skills and mediation;
  • to develop the skills of critical thinking, analysis and non-violent conflict resolution.

The main principles on which the program will be based are:

  • equality,
  • pluralism of opinion,
  • dialogue,
  • priority of educational tasks,
  • unity of experts from different areas of expertise,
  • creative organization of educational activities,
  • connection with other programs (eg. Program against drug addiction and the like.),
  • maximum involvement of minors in practical activities,
  • involvement of family or community as a source of information and an active participant in the process,
  • implementation of interactive educational forms and methods.

This program does not aim to completely abolish juvenile violence nor has any country done this so far; this program aims to reduce the rate of juvenile delinquency and to put it under social control. Accordingly, in addition to the above, this program is expected to do the following:

  • increase the overall level of knowledge of all participants in the educational process about the problem and the consequences of juvenile delinquency as well as other socially unacceptable behavior (drug and alcohol abuse among others);
  • encourage civil / parental initiatives, initiatives by nongovernmental organizations, as well as initiatives for children and young people in different states and areas;
  • reduce the rates of juvenile delinquency on other types of behavior to a reasonable, socially acceptable level.

2.2. Main aspects of the program – implementation of the program

The initial steps in this program will include the following activities:

  • introduction to the program;
  • mobilization of teams to support the program;
  • training for different professionals;
  • finding the juvenile justice correction facilities which will implement the program;
  • linking with other governmental and nongovernmental institutions;
  • lobbing support for changes in laws and regulations;
  • support of NGOs dealing with the protection of children’s and minors rights, drug and substance abuse and other similar aspects;
  • implementation of the program in specific juvenile facilities on specific individuals –juveniles;
  • track and measurement of the results of the program.

Introduction to the program – the society will be properly introduced with the program and its main elements and purposes. This will be done by promoting the program in the media, different institutions, schools and other relevant aspects of the society.

Mobilization of teams to support the program – prior to the implementation of the program, team of specialized professionals from different fields of expertise will be recruited. These trained professionals will work on different aspects of the program, from its start to the final steps leading to its finalization and implementation.

Training for different professionals – upon their recruitment, professionals will be trained in order to provide their best skills and knowledge in the implementation process.

Finding the juvenile justice correction facilities which will implement the program – various juvenile justice correction facilities in different part of the United States will be approached to participate and take part in this program. Those juvenile facilities that fulfil the set conditions will be made part of the implementation process. It is important that these facilities are based in different part of the US in order that economic, social, cultural and other factors can be taken into consideration when analyzing the results.

Linking with other governmental and nongovernmental institutions – the implementer of the program, will make an effort to link the program with relevant governmental and nongovernmental subjects.

Lobbing support for changes in laws and regulations – the team members will make an active effort lobbing support for changes within the legal framework (introduce the program to relevant policymakers).

Support of NGOs dealing with the protection of children’s and minors rights, drug and substance abuse and other similar aspects – within the entire process, the program shall make an effort to be linked and supported by nongovernmental organizations dealing with similar topic and implement certain strategies together with these organizations.

Implementation of the program in specific juvenile facilities on specific individuals –juveniles – the implementation is the crucial step of the program. The program will be implemented on individuals incarcerated in juvenile facilities, not taking into consideration the following subjective aspects:

  • the gender of the minor;
  • the age of the minor;
  • crime (type of the crime) committed by the minor;
  • number of previously committed felonies,
  • his or hers economic or social background;
  • his or hers national, ethnic or religious background;
  • his or hers family status;
  • his or hers educational level;
  • or any other subjective aspect of the person of the minor.

This will provide transparency, an equal and objective approach as well as the diversity of the given results.

This program will be implemented in at least six different juvenile justice correctional facilities, in different parts of the United States as previously stated.

In this aspect the juvenile justice correctional facilities play a huge role: if these facilities are established in a way that the juveniles exit them “transformed”, this has a significant value for the entire society. (Snyder, H, 1999)

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Federal Constitution and international treaties or agreements: Case Analysis

Federal Constitution
Federal Constitution

Federal Constitution and international treaties or agreements: Case Analysis

Reid V. Covert

I. Facts of the case

Mrs. Covert was a civilian dependent on her husband, Mr. Covert, a sergeant in the United States air force who was stationed in the United Kingdom. Mrs. Covert murdered her husband in an airbase in the United Kingdom. Pursuant to an agreement between US and UK, which granted permission to martial court to take action against criminals for any offence committed in the United Kingdom by any American armed force serviceman or any of their dependent, Mrs. Covert was convicted by martial court as per article 2(11) of the Uniform State Code of Military Justice   without any protection of indictment by the grand jury or right to jury trial.

Initially, the US court confirmed her conviction. She filed for a writ of habeas corpus and alleged that she was denied her constitutional right to have her charge presented to a grand jury or a right to jury trial as provided under the fifth and sixth amendments. She was sent to the US to await rehearing on her case. On rehearing, her petition was accepted (Haljan, 2013).

II. The issue

The main issue of the case is to solve the conflicting provisions of the Federal Constitution and international treaties or agreements and to know whether an American employed in the armed forces or their dependents living abroad found guilty of capital offence retain their right to jury trial as conferred under the Federal Constitution, thus rendering the trial by martial court as per article 2(11) of Uniform Code of Military Justice unenforceable.

III. Rules

The case involves two decisions so we have different set of rules which are given as below.

(a) Rule applicable during first decision

The first hearing on the case was based on Article 2(11) of Uniform Code of Military Justice (UCMJ) provides that all Americans serving with the armed forces or their dependents living in the UK are subject to provisions of this Code. Section 118 of Uniform Code of Military Justice provide for trial by the court martial for any capital case.

(b) Rules applicable during second Decision
  • Civilians found guilty of any crime are entitled to their constitutional right of protection on indictment by the grand jury as provided under the Fifth Amendment and right to jury trial as provided under the Sixth Amendment. The supremacy of the Constitution provides all rights to American citizens even if they are residing abroad.
  • Any legislation, treaty or foreign agreement must comply with provisions of the Constitution. The supremacy clause does not provide that any treaty or foreign agreement or any legislation passed does not have to comply with provisions of the Constitution. If the US government enters into any agreement or treaty with the foreign government and implement any legislation which is in conflict with provisions of the Constitution, then such agreements or legislation will be invalid.
  • The US government can act against its citizens residing abroad only if the specified limitations are imposed under the Constitution including Article III, section 2, 5th and 6th amendments.
IV. Analysis
  • First hearing on case

The Federal Constitution provides the right to jury trial to any American before his conviction. During the hearing of the case for the first time, the interpretation given by the US government was that the Constitutional right to the jury trial is available to Americans residing within the US territorial limits and is not available for American servicemen or their dependents living abroad.

Mrs. Covert, an American citizen, was tried by the martial court for the murder of her husband in the United Kingdom. She was denied to her constitutional right because she was living outside the United States and her conviction was affirmed by the US court. The court also provided for the provision of the jury trial if Congress finds it to be reasonable.

  • Second hearing of case
  • Second time, the decision was based on Article 2(11) which empowers the military courts to act against offences committed by American servicemen or their dependents in the UK territory without any jury trial cannot supersede Article III, Section 2 and the sixth amendment of the Federal Constitution which grant the right to jury trial to civilians abroad. The constitutional rights extend even beyond the boundaries of the US to Americans overseas. When the US government approaches out to punish a criminal, the constitutional rights of American citizens in abroad to protect own life does not go away on the ground of being in another land. So civilians cannot be tried by the court martial.
  • The supremacy clause given in Article VI of the Federal Constitution does not provide about non-compliance of provisions of the Constitution after enactment of any agreement or treaty with the foreign government.
  • There was no such intention of the law makers to set up a rivalry system between civil courts and military courts, where they compete with each other to exercise their jurisdiction over the civil criminals who are dependent on someone employed in the armed force. It seems incredible if the civil criminals are tried by the martial court and denied their right to jury trial.
  • The founders of the law used to accept the trial of soldiers by martial court for any offence during peace time with grudges. It will be again an annoying fact if Mrs. Covert is tried by martial court for the capital case committed during peace time.
  • Moreover, whatever jurisdiction the military court acquires as a result of the application of article 2(11) of UCMJ is lost when the convicted is handed over to the custody of the United States authorities. The article 2(11) of Uniform Code of Military Justice (UCMJ) became inoperative when Mrs. Covert was sent to the US and handed over to US authorities. On the basis of above rules, the petition of Mrs. Covert for the writ of habeas corpus was accepted.
V. Conclusion

The decision on this case was given twice in the US Supreme Court. The decision given during the second time was reversed by the court itself which happened for the first time in the US history.

Mrs. Covert who was convicted by martial court for the murder of her husband on the basis of Article 2(11) of Uniform Code of Military Justice (UCMJ) and was denied her constitutional right but was ultimately granted this right on the basis of the Supremacy clause of the sixth amendment which provides for compliance of all provisions of the Constitution by all treaties and foreign agreements. The Federal Constitution is a supreme source of law and no other state law, treaties or foreign agreements or legislation can supersede it.

Reference                    

Haljan, D. (2013). Separating Powers : International Law before National Courts. The Hague: T.M.C Asser Press.

Prison and Jail System

Prison and Jail System
Prison and Jail System

Criminal Justice: Prison and Jail System

Question 1

Prison litigation refers to cases filed by inmates in the public courts of law. The number of prison litigation in the 1980’s skyrocketed to 23,230 filed in the US district courts under the Title 42 within the Federal Statute.  The number increased by 49% in the 1996 an aspect that necessitated the Congress to pass the Prison Litigation Reform Act (PLRA) to reduce the number of cases (Bureau of Justice Statistics, 2014). The PLRA has two pillars, which are the prospective relief provision and the prisoner litigation provisions.

The two pillars have three major facets that hold the prison litigation in place. The prisoners need to go through all the administrative channels before going to the federal courts. Secondly, prisoners filing forma pauperis are required to pay the courts and filing cost via their funds that are present in the correctional trust fund. Lastly, the prisoners are not permitted to file forma pauperis if they have filed cases that have were terminated by the courts due to malevolence (Campbell, 2009).

The PLRA amendments served to benefit one party that is the courts by reducing the number of cases in the courts but were disadvantageous to the prisoners. The amendment makes it difficult for the prisoners to be guaranteed fair hearing in the federal and state courts. The amendment provides a long chain for the prisoners to follow before they file their cases in the court termed as exhaustion requirement.

According to Margo Schlanger who has done research on the impact of PLRA, she discovered that most of the cases filed within the system are discarded for frivolous issues. Some of them include missing a deadline, filing the documents with red ink or attaching medical records to support their claims in their submissions. The aspect makes it harder for the prisoners to not only file their cases but also win them (Sullivan, 2013). The legal system needs to make sure that the rights of all citizens by the fact that they are human beings are upheld, but inmates are shunned under the pretext of the PLRA.

The second effect is that it does limit the number of experienced lawyers willing to represent the prisoner. The reason for this is that the PLRA does limit the contingent rates that the lawyers can recover to 150% of the judgment and the hourly fees to 150% of the appointed counsel rates by the courts. This aspect coupled with the fact that the chances of winning are minimal deters them from taking the cases hence placing the inmates at a disadvantageous point.

 Based on Booker (2016), only 5% of the cases involving inmates in 2012 was represented by lawyers when compared to 65% of the cases involving non-incarcerated individuals. The disparity reduces the chances of the inmates to get a fair trial and have an equal chance of winning the cases filed against the system.

Thirdly, the policy restricts the inmates from recovering from mental or emotional injury without proving a physical injury took place. In the prison case scenario, inmates are at times coerced into sex, discriminated against regarding religion, ethnicity among other violations within the constitution that do not involve physical injury. The prison and the legal system have a duty of ensuring such aspects do not occur, and in the case, they do the perpetrators face punishment. Based on this aspect the inmates end up adopting violence as a coping mechanism in the harsh environment while some commit suicide as a way of escaping their torture (Bark, 2014)

Prisons are areas where the criminals are expected to reform, but with the PLRA the reform involves infringing immensely on their rights as human beings. The courts have minimal authority when it comes to altering the prison policies to protect the inmates. The incapacitation of the courts gives more power to the administrators to set up more hurdles when the inmates are filing their cases (Schlanger and Shay, 2008). The increase in procedures and policies set do frustrate the inmates as it limits the chances of addressing their grievances.

Question 2

According to Schlanger and Shay (2008) jails play an integral role in the criminal justice system as they hold inmates as they await their trial, sentencing or charges. The jails serve to separate the criminals from the innocent people in the society. The aim of the separation is to keep the society safe from the criminal who wants to create havoc. Jails are typically run by the local government while others by cities or managed by people privately through contracts with the local government

The jail system holds criminals who have done petty offenses or those serving a sentence of less than one year. The inmate, in this case, is run through a system that will help them change their perspective on life, in other words, make them fit in the society. Jail system has a rehabilitation program that does give the inmates skills that will enable them to get employment after their sentence (Terry, 2009).

Furthermore, the jails decongest the state prisons hence ensuring manageable numbers. The USA as an estimate of 3,300 jails that hold 1/3 of 2 million inmates, the number has increased tremendously over the years due to the lifestyle changes in the society. It is true that there is a negative correlation between the rate of criminal increase and the jails in the country resulting in overcrowding in the system (Sullivan, 2013).

I believe the jail system is necessary as it does deter people from engaging in crime. The harsh conditions in the present jail system make many people rethink their decision to commit a crime. Moreover, the jail system does punish the criminals by taking away some privileges they enjoyed in the free world and aid them in reforming. Retribution is part and parcel of the jail system as it saves to bring a reformed individual to the society.

Question 3

 Three punishment and incarceration theories form the basis of treatment programs they include utilitarian, retributive and denunciation. The utilitarian theory focuses on punishing the criminals to serve as a lesson to them and other members of the society. Under the utilitarian theory, offenders go to jail or prison to deter them from engaging in the same crime for a period (Mallik, 2014). When they are under the system, the system does introduce harsh living conditions that will make them regret their mistake.

The regret is what leads to the next step, which is rehabilitation. Rehabilitation deals with treating mental illness, violent behavior, and drug dependency. It also does incorporate educational skills that give the inmates skills and knowledge that will enable them to get jobs when they integrate into the society (Schlanger and Shay, 2008).

The second treatment program focuses on the retributive theory where the criminal gets punished for their offense (Mallik, 2014). In the USA, some states still have the capital punishment for offenders. The capital punishment serves to punish the offenders for the crime they committed and does give justice to the victims. The severity of the issue does make many potential offenders abstain from engaging in any criminal activity that will cost them their lives (Gottschalk, 2006).

The last one is the denunciation whereby the society subjects an individual to societal condemnation (Mallik, 2014). An example is when someone gives out information to a competitor in the business world. The publication of their name in the newspapers and the media serves to condemn them for their actions, and the business industry will shun their serves.

Treatment programs serve as a means of reforming the criminals into productive citizens. The programs give the criminals a second chance to achieve their potentials which do result in the growth of the nation. The treatment programs give the society an opportunity to deter potential criminals from engaging in crime. The major disadvantage is that managing the programs is costly and does add an immense burden to the state and federal system (Lowenkamp, Latessa and Smith, 2006).

Based on my analysis, I can conclude that they are necessary for ensuring that the victims get justice and the offender gets punished for their offense. The treatment programs provide the society with an opportunity to move forward from a negative event in their lives.

Question 4

Correctional system in the USA has undergone many amendments with the aim of formulating means to reduce the over congestion in the prisons and jail system. The first correctional policy is the reduction in the harsh sentences within the criminal judicial system. Many states in the USA have eradicated capital punishment in preference for the rehabilitation sentences (Lowenkamp et al., 2006).The adoption of the utilitarian approach with the aim of appearing democratic has increased the number of offenders hence increasing the number of inmates in the system.

Secondly, the AB 109 also known as the realignment bill serves the purpose of diverting the risk of punishing low-risk offender to the counties from the state. It also altered the three strikes law……” where the defendant convicted of any new felony, having suffered one prior conviction of a serious felony to be sentenced to state prison for twice the term otherwise provided for the crime…,’’ (California’s Three Strikes Sentencing Law – criminal_justice, 2017).

The AB 109 does increase the chances of criminals viewing the system as being lenient hence increasing their chances to engage in serve crimes.  An example of the negative impact of this is the shooting of Whittier police officer Keith Boyer by an offender who was on a locally supervised probation instead of jail (Realignment (AB 109) in California, 2017).

The third correctional policy is the hands-off doctrine that eliminated the supreme court’s involvement in prison operations. The policy has resulted in the correctional facilities being under the direct control of the administrators. In the case, an inmate feels offended by the jail system and want their grievances addressed the long channels tend to limit them from getting justice (Gendreau, Goggin, and Smith, 2000). The hands-off policy is closely tied to the denunciation theory where the society does shun the inmates, in this case, the administrators. The aspect as resulted in the increase in violence in various jails and prisons around the country.

As discussed in this paper there is a conflict of goals that tend to affect the future corrections system. Different states apply different correctional policies when it comes to dealing with offenders. The drive is often political, civil or economic pressures faced by the legislature. The conflict in goals leads to lenient policies that favor one party while ignoring the other party directly or indirectly involved in a crime.

The second challenge is getting adequate funding. The correctional facilities in the current are underfunded by the federal and the state government. In 2016, the total budget allocated to the correctional facility was $71 billion which is not proportional to the high number of inmates in these facilities.

Thirdly, the correctional facilities have understaffed an aspect that makes it difficult to enroll the correctional programs fully. The aspect results in the offenders viewing jail term as a break from their real lives instead of a period to reform. The perception has led to the increase in the number of second-time offenders across the country (Gottschalk, 2006).

Lastly, there is a lack of proper coordination between the different agencies involved in the criminal justice system when it comes to correctional activities. The lack of a seamless flow of information on how to reform the inmates and decongest the system has rendered the correctional system ineffective (Gendreau et al., 2000).

In conclusion, the future seems bleak in the correctional system if the legislature and the society do not take a step to work together. The joint effort will enable the future generations to grow up with morals and the institution of progressive correctional policies that will reduce the rate of crime in the country.

REFERENCES

Bark, N. (2014). Prisoner mental health in the USA. Int Psychiatry, 11, 53-5.

Booker, M. (2017). 20 years is enough: Time to repeal the Prison Litigation Reform Act | Prison Policy Initiative. Prisonpolicy.org. Retrieved 1 July 2017, from https://www.prisonpolicy.org/blog/2016/05/05/20years_plra/

Bureau of Justice Statistics, US Dep’t of Justice, (2014). Survey of State Criminal History Information Systems.

California’s Three Strikes Sentencing Law – criminal_justice. (2017). Courts.ca.gov. Retrieved 2 July 2017, from http://www.courts.ca.gov/20142.htm

Gendreau, P., Goggin, C., & Smith, P. (2000). Generating rational correctional policies: An introduction to advances in cumulating knowledge. Corrections Management Quarterly, 4, 52-60.

Gottschalk, M. (2006). The prison and the gallows: The politics of mass incarceration in America. Cambridge University Press.

Lowenkamp, C. T., Latessa, E. J., & Smith, P. (2006). Does correctional program quality really matter? The impact of adhering to the principles of effective intervention. Criminology & Public Policy, 5(3), 575-594.

Mallik, A. (2014). Theories of Punishment in the Ethics of Philosophy. Scholarly Research Journal for Humanity Science & English Language.

Realignment (AB 109) in California. (2017). Shouselaw.com. Retrieved 2 July 2017, from http://www.shouselaw.com/realignment.html

Schlanger, M., & Shay, G. (2008). Preserving the rule of law in America’s jails and prisons: The case for amending the Prison Litigation Reform Act.

Sullivan, K. T. (2013). To free or not to free: Rethinking release orders under the prison litigation reform act after Brown v. Plata. BCJL & Soc. Just., 33, 419.

Terry, C. (2009). Prison Litigation and What It Means To You as a Corrections Professional. Corrections.com. Retrieved 1 July 2017, from http://www.corrections.com/news/article/22872-prison-litigation-and-what-it-means-to-you-as-a-corrections-professional

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Punishment in the Criminal Justice System

Punishment in the Criminal Justice System
Punishment in the Criminal Justice System

Punishment in the Criminal Justice System

All over the world, the criminal justice system of any state serves two major objectives; enforcement of the law of the land, and correction of offenders through various reform institutions. In this regard, criminal justice can be construed to mean a system governed by standard practices that aim to uphold social control, detecting and preventing crime, and most importantly sanctioning offenders through the use of various forms of punishments.

Significantly, criminal punishment is applied as a way to encourage proper conduct between individuals in the society and at the same time make one take responsibility for a wrongful act committed against another. In this respect, retaliatory acts are avoided because victims of crime will be satisfied that the wrongdoer has faced equal punishment in comparison with the act done. Notably, Lollar (2014) asserts that punishments can also be used as a compensatory tool towards victims of crime.

Retributive punishment

Foremost, this type of punishment is founded on the belief that the best way to respond to a wrongful act is by using a proportionate punishment. According to Flanders (2014) retributivists are of the opinion that when an offender commits an illegal act, the criminal justice system should make such a person suffer an equal and proportionate punishment.

Amusingly, retributivists attach their justification for proportionate punishment from ancient religious laws such as the ones contained in the Holy Bible, for instance, Exodus 21:23 avers that if any person commits harm, then the resulting punishment should be equal, hence the catchphrase “a life for a life, an eye for an eye, tooth for tooth, hand for hand, foot for foot.” Notably, similar sentiments are proclaimed in Biblical verses such as 5:38 and Deuteronomy 19:21.

Retributivists argue that as long as the damage has been done, there is nothing that can be done to reverse such damage hence the only way to administer justice is by giving equal punishment (Flanders, 2014). Seemingly, such reasoning can be said to be backward looking such that it does not take into consideration that at times crime may be committed in a unpremeditated way such that punishing an offender for the same would be harsh or excessive.

Another going concern for this form of punishment is that it may encourage revenge and promote retaliation in the society. Also, in some instances, it may be hard to draw the line between punishment that is sufficient and from the punishment that is excessive.

An example of a retributive form of punishment is the death penalty which according to Luliano (2015) is no punishment at all because it only seeks to insert pain as a measure of administering justice but does not address the root causes of crime or even ways of helping individuals refrain from such crime.

Utilitarian Punishment

First, from a wider scope, the utilitarian theory developed by Jeremy Bentham emphasizes that any action within the society should be directed towards achieving maximum satisfaction and catering for the well being of the majority members of the society. The utilitarian form of punishment, threads on the same footing by asserting that the laws that guide the conduct of the people in the society, should be used to maximize the happiness of the society (FERRARO, 2013).

Hence, crime and punishment should be kept to a minimum because they are inconsistent with happiness which the utilitarian theory of punishment asserts. Importantly, proponents of this theory of punishment recognize that having a crime free society may be a fallacy as such recommend that the form of punishment handed down to a wrongdoer should be directed to producing “good” from the person. In this respect, the punishment should not be unlimited.

Unlike the retributive form of punishment, which is said to be backward looking, the utilitarian form of punishment is largely presumed to be proactive on crime. For instance, the laws that direct how punishment should be handed down on crime should be designed to deter future crimes of the same nature.

Accordingly, rehabilitation of criminal offenders can be said to be one of the methods that the utilitarian form of punishment emphasizes as a way of administering justice.  Rehabilitation mainly aims at reforming an offender rather than punish so that they may be integrated back into the society. Equally, jailing as a form of incapacitation of an offender also falls under the utilitarian form of punishment because, by removal of the offender’s ability to commit offenses from the society, future crimes of the same nature may be prevented.

Preferred rationale/form of punishment

First, it is important to appreciate the fact that in certain instances, the commission of a criminal act may not be planned such that one will be deemed unswervingly guilty of the act. Offenses such as murder may happen due to provocation such that one may end up taking another one’s life in the heat of passion. Similarly, minors and persons of unsound mind are not spared either when it comes to the commission of a crime. However, such a category of persons may be deemed to a special group because of the underlying issues such as the lack of understanding of the consequence that a particular act may lead to.

From the examples mentioned above, a retributive form of punishment will certainly administer justice in the wrong way because of its backward-looking nature of offering proportionate punishment. Without taking into consideration factors that may have led to a crime, any form of punishment handed down to an individual may be excessive or uncalled for.

By the same token, criminals are presumed to be ordinary persons such that one factor changed that status, for instance, one may seek to steal due to poverty. Alternatively, another person may engage in crime as an act of revenge for a wrongful act done on them. Under such circumstances, the form of punishment handed down should be directed towards enabling such a person reform and be integrated back into the society so as to continue developing.

Notably, even under religious laws, the principle of forgiveness is widely discussed. In this respect, retributive punishment does not give individuals any opportunity to reform or even afford the wrong persons with the chance to deliberate on pardoning the person after serving their sentence as an act of compassion.

Hence, I will argue that the utilitarian form of punishment stands out as the best-placed method for punishing offenders because it not only takes into considerations of the underlying factors that may have led to a crime but it also focuses on handing down the punishment that in the long run will stem out goodness from a person. Goralski (2015) is of the same views by asserting that models of punishment that presume criminals to be bad people who deserve harsh punishments should be relatively be avoided because this leads to vengeance rather than reform.

Philosophy of Imprisonment

Borrowing meaning from the Law Dictionary (2016), imprisonment means restraining or putting an individual in confinement such that his liberty is subjugated. In this respect, imprisonment can be said to be a tool of crime deterrence going by the fact that is limits one’s movement and activities.

Arguably, the rationale for imprisonment as a form of punishment can be said to have stemmed from the belief that by subjecting a person to a place whereby their rights and freedoms were limited to a minimal level, then people would be careful not to commit crime because of the hardships that one would experience while in prison.

However, one can say that imprisonment only acts as a form of banishment of an individual. This is to say, prisons only act as means of putting an individual away from his ordinary life such that he is disassociated with the society. Hence, for imprisonment to reform an individual, an extra effort must be provided a failure to which the individual will only lack his privileges which may not be enough to deter future crimes.

Stuart Greenstreet (2017) argues that imprisonment does not serve its purpose of preventing crime. In his discourse, “Prison Doesn’t work” he asserts that the reason why prisoners even after being released are likely to commit crime is based on the fact that by putting together equal minded people that share similar criminal mindsets, the likelihood of having a worse crime is high because of the perception that jail is used as a way of punishing them.

Also, innocent persons may be subjected to imprisonment such that if they are not helped in having a changed mentality of a criminal justice system, then the likelihood of prisons remodeling such a person by just having them locked up can be equaled to a time bomb.

From a personal point of view, imprisonment only serves to confine people to a place whereby they can no longer commit the crime, but it is not effective in deterring the occurrence of future crimes. Imprisonment should be supported with other special programs that help prisoners have a different perception of prisons and importantly assist them on being integrated back to the society.

Restorative Justice

Restorative Justice largely emphasizes on the usage of alternative measures to solve crimes and social disorders. According to Walgrave (2013) restorative justice embraces the ideology that wrongdoers should be empowered to rehabilitate, reform and be reconciled back to the community. Seemingly, any form of crime causes harmto another as such focusing on repairing the harm in perceived to be vital in assisting the warring parties. United Nation’s office on drug and crime asserts that restorative justice seeks to put things right between conflicting parties while at the same time preventing occurrences of similar misconducts through the use of corrective strategies and programs.

Nevertheless, this concept has been purported as being too ambitious in a bid to restore ties between the victims of crime and the offenders, especially when compared with traditional models which emphasizes on the punishment of offenders for any crimes committed. However, restorative justice must be applauded for promoting values such as forgiveness, dialogue, accountability and fraternity (Arlene Gadreault, 2015). Evidently, the main aim of restorative justice is to give both the offenders and victims of crime a bigger role to play within the criminal justice system so as to yield positive outcomes and at the same time offer the necessary assistance to both parties.

Notably, restorative justice can be regarded as an alternative dispute resolution mechanism, which uses less punitive channels often in the form of diversion programs under various state agencies that are meant to aid the involved parties to resolve the previous conflict. Accordingly, restorative justice affords offenders with the opportunity to take responsibility for the harm or injuries caused to victims and consequently, make adequate compensation.   

Bentham project

Foremost, Bentham being a prominent law scholar that developed various law theories such as the utilitarian school of thought theory, it is then important to have a deep understanding of the message that he intended to put across through the use of his works. Thus, the Bentham project can be said to largely focus on Bentham’s writings and how they can be made relevant to the modern world’s activities.

The Bentham Project also can be said to focus on how to formulate basic codes of conduct within the society. For instance, the utilitarian theory of punishment can be said to follow the guidelines of Bentham’s utilitarian theory.

Lastly, this project is of great significance especially for learners to get to know the foundation and originality of various concepts that are applicable in today’s world. Having a deep understanding of the origin of things or events is important in assisting one to comprehend their significance in the society.

References

Arlene Gadreault (2015, January 7th). The Limits of Restorative Justice, School of Criminology,

Universite de Montreal, [online]. Retrieved from http://www.victimsweek.gc.ca/symp-colloque/past-passe/2009/presentation/arlg_1.html

FERRARO, F. (2013). Adjudication and expectations: Bentham on the role of the judges. Utilitas, 25(2), 140-160.

Doi: http://dx.doi.org/10.1017/S0953820812000349

Flanders, C. (2014). Can retributivism be saved? Brigham Young University Law Review,

2014(2), 309-362. Retrieved from https://search.proquest.com/docview/1567682599?accountid=45049

GORALSKI, M. W. (2015). LET THE JUDGE SPEAK: RECONSIDERING THE ROLE OF REHABILITATION IN FEDERAL SENTENCING. St. Louis Law Review, 89(4), 1283-1310. Retrieved from https://search.proquest.com/docview/1860286122?accountid=45049

Lollar, C. E. (2014). What is criminal restitution? Iowa Law Review, 100(1), 93-154. Retrieved from https://search.proquest.com/docview/1633992433?acccountid=45049

Luliano, J. (2015). WHY CAPITAL PUNISHMENT IS NO PUNISHMENT AT ALL. American University Review, 64(60, 1377-1441. Retrieved from https://search.proquest.com/docview/1719903823?accountid=45049

The Law Dictionary (2016). What is imprisonment? [Online] Retrieved from https://thelawdictionary.org/imprisonment/

UNITED NATIONS Office on Drugs and Crime (2016), ‘Handbook on Restorative Justice

Programmes’, Vienna. Retrieved from https://www.unodc.org>06-56290_Ebook

Walgrave, L. (2013). Perceptions of justice and fairness in criminal proceedings and restorative

encounters: Extending theories of procedural justice. Tijdschrift Voor Criminology, 55(2), 229-233. Retrieved fromhttps://search.proquest.com/1426081042?accountid=45049

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Criminal Justice Workforce

Criminal Justice Workforce
Criminal Justice Workforce

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Criminal Justice Workforce

Define Management, organization, and leadership

Management explains all activities involve in establishing an organizational strategy alongside the coordination of worker efforts to achieve its goals by using the available technological, human, natural, and financial resources.  An organization describes a group of individuals having a specific objective. According to Basran et al. (2019), leadership is the act of motivating people towards accomplishing a common purpose. In the business environment, leadership is giving directions to employees and colleagues with the required strategy to meet company goals.

Criminal Justice Workforce

Roles of Manager and Leader in Criminal Justice Workforce

A manager executes duties including organizing, planning, directing, controlling, and staffing. These functions are necessary for the effective operation of a criminal justice workforce and achieving their goals. Planning is an essential step for establishing goals and strategies for the coordination of tasks. The organizing function determines the tasks to be completed, the method of execution, grouping the tasks, and areas where decisions are made.

Directing functioning is about giving directives and motivation of subordinates to achieve their objectives. In the criminal justice system, the leader sets the vision. When the team members understand the goals and vision of the criminal justice system, they are focused and understand the way their duties help to accomplish success. A leader also delegates tasks and ensures that everyone is on the same page. A leader is responsible for ensuring that all workers work towards ensuring that people receive justice and fairness.

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Criminal Justice Workforce

Need for Learning Organizations in Criminal Justice Workforce and Agencies

A learning organization has a learning culture that is vital for all criminal justice agencies. A learning culture explains where the organizational systems, practices, and values encourage and support both the organization and individual to increase competence, performance levels, and knowledge. In turn, it ensures the criminal organizations have continuous improvement and support the accomplishment of the agencies’ objectives, innovativeness, and ability to address changes.

A learning organization in the criminal justice system challenges workers to change their status quo, think critically, and ensure that the steam is not always stuck in its thinking approaches (Basran et al. 2019). Instead, it advocates for the creation of capacity and adaptability that is necessary for change. The criminal justice system is evolving, and new cases come up every day.

Technology has changed the landscape, and the way decisions are made. This explains why a learning organization must be in place. More specifically, a learning organization increases efficiency, productivity, and profit while also reducing employee turnover rates because it increases their satisfaction levels.

Criminal Justice Workforce

Different Generations in today’s changing criminal justice workforce and organization

A generation explains people who are born in a particular era and are defined by their age limitations. In the United States, there are four main generations in the workforce. These are the baby boomers, veterans, millennials, and the Generation X. in the modern-day criminal justice organizations, and each generation has its distinct trait, behavioral patterns, values, personalities, attitudes, and beliefs towards work.

The veterans are very loyal to their vocation, are highly dedicated, conformist, and security-conscious (Skibba, 2018). They have a strong dedication to teamwork and collaboration. Baby boomers work effectively and are optimistic, loyal to their employers, results-oriented, and self-reliant. They exert much effort into their personal life and work. When it comes to their leadership styles, they must be directed by their managers and follow a given chain of command.

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However, they hate changes in their companies and are not technologically updated. Independent needs often drive Generation X, and they dissent leaders. They are loyal to their employers and have strong technical prowess. They are also tech-savvy and very interested in their technologies and knowledge at work.

Generation Y is ready to work hard but are also collaborative and non-conformist (Vargas, 2016). They are always happy to be involved with a team, resilient to changes and can multi-task. Besides, they are also tech-savvy and still keep up with the modern trend, which is suitable for the criminal justice system.

What aspects of leadership and management would be successful with the different generations of the Criminal Justice Workforce?

Millennials are the workforce’s largest demographic, and their needs are driven by the desire to have fulfillment and purpose. Leaders must define all the roles that are assigned to the millennials based on their mission. The leaders must look at an individual holistically. Their concerns and needs outside work influence their work performances. Millennials also require employers to handle issues that impact their families, such as maternity and paternity leave and medical insurance (Hunt & Fitzgerald, 2018).

Baby boomers need servant leaders. This is because they are goal-oriented, loyal, and resistant to change. A servant leader will recognize all these aspects and understand the best way to cultivate and turn them into people who embrace change. Generation X and veterans require transformative leaders. These groups need leaders who can influence them about the need to adapt to the changing market trends, which they will follow without complaining. A transformative leader is not imposing. The age of the veterans needs a leader who understands the workers and not imposing himself on them.

References

Basran, J., Pires, C., Matos, M., McEwan, K., & Gilbert, P. (2019). Styles of leadership, fears of compassion, and competing to avoid inferiority. Frontiers in psychology, 9, 2460.

Hunt, J., & Fitzgerald, M. (2018). Styles of Leadership. Leadership: Regional and Global Perspectives, 62.

Skibba, M. E. (2018). Recommendations for law enforcement retention practices and the impact of generational differences.

Vargas, M. A. (2016). Generational supervisory gaps in law enforcement.

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