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Criminal Fraud Investigator
Order Instructions:
Describe the Initiative
Describe the initiative, your role (Criminal Fraud Investigator), the process, analysis and implementation of the initiative and how to contribute to its success. Include information regarding any opposition to the initiative. Please indicate what the final outcome was and what you would have done differently if anything.
Fraud investigators provide subject matter expertise on claims and associated fraud risks, helping to ensure effective resolution of investigations. Fraud investigators perform a variety of tasks for civil and criminal investigations. A fraud investigator reviews the evidence and investigates allegations of fraud.
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Perspective in Criminology
Alcohol-related violence and one punch killings Research question a) How can public debate and political action relating to these offences be seen as related to neo-liberal ideology? Discuss in relation to concepts of risk and responsibilisation.
Please note that for this assignment you are required to cite at least 8 academic references. Note: Wikipedia and media articles are NOT academic references.
Marking Criteria Style & Presentation – Some Dos and Don’ts 1. ESSAY PREPARATIONS AND RESEARCH: You need to relate your essay to the specific topic provided above
You are expected to have basic knowledge about how to do academic research (both online and in the Library). If you would like help, or are unsure about how to research academic material
Wikipedia is not an academic source!
Perspective in Criminology
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Preparation is key to good writing. The more time you spend mapping out your assignment, the more likely it is that you will produce a coherent and convincing argument. Your essay should be 1.5 or double spaced.
Your assignment should be sufficiently titled so as to indicate the question you have selected.
Your reference list must be included at the end of your essay. Failure to include a reference list can result in an automatic failure and can constitute serious academic misconduct.
Avoid overly long sentences. Simple is better.
You need to read your essay prior to submission. If it doesn’t make sense to you, it won’t make sense to your marker either.
RUN A SPELLING AND GRAMMAR CHECK.
Make sure all your references are fully and properly acknowledged (including page numbers for direct quotations).
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The Best Evidence Rule
What is the best evidence rule? Explain in detail.
The best evidence rule in the US Constitution is associated with Article X of the Federal Rules of Evidence (1001-1008). The statute identifies the guiding principles that may require either the plaintiff or defendant to table as evidence the contents of a document, footage or photograph at trial in the absence of original documents. However, secondary evidence can only be allowed, if either party can present tangible reasons for the missing original document.
The rule applies best in a circumstance where the party endeavors to substantiate contents of copy document presented as evidence at trial. Moreover, evidence to the original content can be adduced in the form of testimonies. Modern times have, however, necessitated the application of electronic, motionless and other copies as a substitute for the original (Miller, 2012). The general rule dictates that secondary evidence cannot be tabled at trial if the original document exists.
Why was the best evidence rule implemented into the U.S. court system? Explain.
In the US for instance, the court system held the view that any secondary evidence was inadequate. As such, the judicial system would prefer original content or recorded evident as opposed to photocopies because the substantiation in these documents was reliable and of great significance in a court of law(Miller, 2012).
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A case in point is where the Washington Post did a story based on a leakage which necessitated the fall of President Richard Nixon of the United States in 1972. Bob Woodward and Carl Bernstein wrote the editorial piece that carried grave allegations. The article highlighted a well-orchestrated ploy to rig President Nixon into the office for the second term.
Moreover, the information also led to the Watergate scandal. While the heated the article generated led to the President Nixon’s resignation from office, it also paved the way for the imprisonment of several top officers in the Nixon’s government (Amaya, 2008).The best evidence rule as enfolded in the Federal Rules of Evidence demands the application of original content, footage and photographic material or paintings. The precision of evidence it presents underscores the reason the statute was implemented in the United States court system.
What is the rationale behind its application?
The motivation for applying the best evidence rule can only be comprehended from the circumstances in which it emerges. The 18th Century, for instance, a situation arose where handmade evidence was tabled as evidence at trial. This set precedence for theassumption that in the absence of original content, there was every reason not to rely on the copy adduced as evidence (Miller, 2012).
Two viewpoints underlie the basis of the best evidence rule:
Fraud Deterrence:
The rule safeguards against false evidence. There is a presumption that an original document is less susceptible to falsified exploitation than a verbal testimony about the write-up. By admitting original content, the best evidence rule thwarts fraudulent orchestrations. Regardless of where the best evidence rule applies, it may be irrelevant to foil fraud in a bid to weaken the fraud rationale.
However, advents of photographic and scanning technology have made it probable to forge documents. While the best evidence rule may help to curtail fraud, it does not mean that all original documents tabled as evidence for trial are necessarily genuine (Allen and Stein, 2013).
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CurtailingMisconception of Writings
The justification presented is that the rule was formulated to curtail any likelihood of a deceitful imprint of the writings by demanding for the provision of original documents if they exist. Precluding misconceptions is a critical element; however, modern developments of the discovery weaken this to justify the best evidence rule model(Miller, 2012). The rationale that the judges can examine original documents implies that they can also determine the impreciseness before trial as opposed to unraveling the same problems using the best evidence rule.
Review the following cases concerning wiretapping:
Olmstead v. the United States
Olmstead’s office and the home area were tapped in a stealth mode by the federal agents. It is this evidence from that wiretaps that was used against him in court. The judgment was anchored on a wire-tapped discussion in which Olmstead insinuated a ploy to violate the National Prohibition Act through the importation and selling of illicit beer(Anderson, Schum and Twining, 2009).
The pronouncements to employ wiretapped discussions as implicating evidence did not violate their Fifth Amendment safety against self-incrimination as the conversationwas not illegitimately executed but were volunteered between the two parties. Independently, the party’s 4th Amendments rights were contravened because the whole issue of wiretapping does not entail a search and appropriation the sole impression of the 4th Amendment. Moreover, for ethical reasons, the jury ruled that wiretapping could be immoral, but no court can exclude such evidence.
Nardone v. the United States
In the case of Nardone v. the US, it’s challenging to understand the information used in the investigation the purpose as a result of security alert, a significant amount of data was recorded. In the identification of data that breaches privacy, lawmakers should be in a position to realize, hear and comprehend information, which is not relevant to the primary goal of the investigation. It is also intricate how a regime uses words spoken by an individual to convict them. In such a government, an individual can choose to speak or keep quiet while wiretapping fulfills the credentials for use in the court of law (Miller, 2012).
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Goldman v. the United States
In this case, the court ruled that dictaphones did not breach the Fourth Amendment. The dictaphone was placed on the office wall to record private discussion. Such a ruling the court reported that there was no physical violation of the intercepted discussion(Miller, 2012). It is evident that the Fourth Amendment protected the individuals in this case as well as areas from unwarranted search and seizure.
Berger v. New York
In the Berger v. New York case, Mr. Berger was charged with the crime of bribing the Chairman of Liquor Authority of New York State. It began when Ralph Pansini complained to the District Attorney regarding the state of New York agents raiding his bar and seizing accounting records. Pansini alleges that the raid was due to his refusal to pay the license fee. As such, he uses are cording device to interview and record the views of workers about the actual license fee.
Katz v. the United States
In this case, Katz purchased a public phone booth and used it in transferring illegal betting wagers. Unfortunately, the FBI was monitoring his conversations using electronic eavesdropping tool fixed on the booth. Katz appealed to the court but, the pleas were rejected since there was no physical violation to booth regardless of various constitutional issues that were brought into perspective.
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Summarize the current status of wiretapping restrictions according to the reviewed cases above.
Based on the above situations, they have different views regarding the legitimacy to use wiretapping in the court. In Goldman and Olmstead cases were diluted by their views. However, the main issue is that whether the seizures and searches are constitutional and meet the required standards as stipulated by law. The government’s decision to not only listen but also record electronic data of petitioners is against their right to use the phone booth.
Alleging that electronic tools used in recording information did not violate the booth is not constitutional(Anderson, Schum and Twining, 2009). The administration is adamant stating that the officers acted in that manner as defensive approach while the investigationwas initiated after the suspect was confirmed to be using the alleged phone booth to disseminate betting content to individuals in Boston, Miami, and Los Angeles, which is a breach of the federal laws. In these cases, wiretapping used by government officers is solely used for security reasons and also restricted to data that violates federal laws.
How must evidence derived from wiretapping be packaged and preserved? Explain.
Evidence collected from wiretapping is relevant in the above cases. As such, it should package and preserve in large containers. But for crime related cases such as stained clothes, the evidence should be stored in plastic bags to prevent proof from being interfered with because it is likely to compromise with original proof. With regards to ammunition cases, evidence must preserve in dry areas so avoid rusting such as plastic equipment. Another important fact to put into account is the use of safes and access should be done by certain individuals (Miller, 2012).
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How does wiretapping evidence relate to the “fruit of the poisonous tree” doctrine? Explain.
Wiretapping involves the use of electronic tools are secretly fixed to record theconversation of unsuspecting individuals, which is used later as proof in the court(Miller, 2012). On the other hand, “fruit of the poisonoustree” doctrine evidence is not employed if obtained in a way that calls for pervasive searches. The “fruit of the poisonoustree” doctrine was instigated to avoid law enforcers from breaching the rights of people through unnecessary searches as well as seizures.
What is the likely outcome of your case in court if the originals are not located? Explain.
This may lead to the dismissal of such a case sincethe judicial system allows for the recording of any case as adequate proof. Moreover, the parties may not agree on the data that its originality is not located. In the court of law, the accused attorney determine the proof against their clients and in instances where the evidenceis not validated, they (attorney) can easily win the case (Anderson, Schum and Twining, 2009).
References
Allen, R. and A. Stein, (2013). “Evidence, Probability and the Burden of Proof”, Arizona Law Review, 55: 557–602.
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Criminal behavior, the Legal Consequences that Follow and the Causes of Crime
In the criminal justice system, deterrence refers to the lawful act of taking peoples’ ability to commit a crime in order to prevent them from committing it. Rehabilitation is on the other hand aimed at ending an individual’s desire to commit a crime by curing him/her from the desire and habits that incline them to felony (Andrews & Bonta, 2010). In that sense, deterrence is seen as a consequence that involves the punishment of the offenders, while rehabilitation involves practices that changes their perspectives and personalities in such a way that their criminal tendencies are eliminated.
The main objective therefore rests on the development of effective measures that prevent crime from happening, as such, it is necessary to understand the reasons why people are inclined to committing crimes. There are many theories that have been advanced in order to understand, explain and find solutions to criminal activities, and as such, they form the basis on which criminal psychology and forensic science operates in the criminal justice system.
The main theories that have been developed to explain criminal activity are the Psychological, Biological and Sociological theories. Each one or a combination of all the theories is used to understand criminal behavior, and the information obtained is used to determine the best ways to control crime.
According to Psychologists, there are three theories or approaches that could be used to explain criminal tendencies and behavior. These are; the biological approaches; the psychological approaches; and the sociological approaches (Bartol & Bartol, 2014). The psychological approach is based on the assumption that an individual bears the responsibility of his or her actions, and as such, prevention of criminal activity is focused on specific persons through programs that educate, train, rehabilitate or change the social and psychological perspective of the individual. However, this is based on the premise that the past behavior of an individual can be used to predict their future behavior (Bartol & Bartol, 2014).
The biological approaches are based on the assumption that people commit crimes because of some problem in their biological make up that could be hereditary or caused by trauma. As a result, crime prevention through biological approaches is usually achieved through un-natural interference in an individual’s body through initiatives such as psychosurgery, stimulation of the nervous system, and the use of chemical therapy among many others (Bartol & Bartol, 2014).
On the other hand, the sociological approach looks at crime from a broader perspective. It focuses on societal aspects that influence the environment in which the criminal lives in, and as such, does not directly hold an individual as being entirely responsible for his actions, but rather having acted from the pressure exerted on them by the social environment (Bartol & Bartol, 2014). Consequently, the sociological approach focuses on positioning how political and economic factors in the environment contribute to the occurrence of crime in a particular society.
Deterrence vs Rehabilitation
Deterrence as an approach that is aimed at preventing criminal activities takes place prior to the occurrence of criminal activity. Therefore, deterrence works towards preventing a crime from occurring and if done effectively, there would be zero cases of crime, and this because deterrence makes the subjects fear committing crime or takes away their physical ability to commit crime (Stein & Levi 2015).
It is therefore easy to argue that deterrence is less costly when compared to rehabilitation since is it is effectively done, loses from crime would not be incurred, and that the state would have not prisons to run or criminals to secure and incapacitate. Rehabilitation as an approach that is aimed at preventing crime may be effective in that; it works towards taking away an individual’s desire to commit a crime.
The approach is therefore taken into consideration after an individual has committed a crime as a means of eliminating the desire to re-commit the crime in the future (Andrews & Bonta, 2010). Therefore, it can be argued that rehabilitation is more costly to the state when compared to deterrence since costs associated with the loss that result from criminal activity coupled with those of rehabilitating the criminal are shouldered by the state at the same time. In other words, deterrence may be seen as a preventive approach and rehabilitation as a curative one.
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Deterrence is effective in that it prevents anyone from committing a crime regardless of their inclination towards it, while on the other hand, rehabilitation only focuses on those who participate criminal activities with the intention of changing their behavior (Stein & Levi 2015). This implies that while deterrence is a sure way to preventing crime, rehabilitation depends on the individual’s willingness to avoid crime in the future.
In the criminal justice system, deterrence has proved to be more effective in preventing crime as compared to rehabilitation, which is mainly because most individuals who attend rehabilitation programs only do it to be given early release. The state would therefore find it more effective to adopt deterrence as a fundamental approach and maybe integrate rehabilitation programs in the system for those individuals who wish to benefit from the service (Stein & Levi 2015).
The fact that deterrence takes the individual’s physical ability to commit crime is satisfactory in as far as prevention of crime is concerned. However, the individual’s desire to commit crime may still be present, implying that the individual may revert to criminal activities whenever he or she is released (Stein & Levi 2015). In contracts to deterrence, rehabilitation would prevent the individual from desiring to commit a crime even when supervision is withdrawn. As such, it would be more effective to provide rehabilitation services to in mates so as to discourage them from reverting to crime when they are released from prison (Andrews & Bonta, 2010).
Bartol, A. M., & Bartol, C. R. (2014). Criminal behavior: A psychological approach. Boston: Pearson, c2014. xxiii, 644 pages: illustrations; 24 cm.
Stein, J. G., & Levi, R. (2015). In Partnership with the Center on Law and Security at NYU School of Law and the NYU Abu Dhabi Institute: Navigating Deterrence: Law, Strategy, & Security in the Twenty-First Century: The Social Psychology Of Denial: Deterring Terrorism. NYUJ Int’l L. & Pol., 47, 409-855.
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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.
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The Crips and The Bloods: Made in America
The documentary, “Crips and bloods: Made in America”, portrays the rise of gang life in Los Angeles and throughout the United States. Stacy Paralta presents the inherent growth of gang and crime life in the post-World War Two American Society. With the onset of the economic recession, the living standards of many Americans greatly deteriorated. Many young men found solace in deviant activities to manage the tough economic conditions.
Many youths in the United States Predominantly African-Americans, Hispanic and Latino’s were facing segregation in the access of services and opportunities. The current paper seeks to analyze the historical timeline of gangs and gang activities in south central Los Angeles as presented in the documentary, “Crips and bloods: Made in America”.
Racism during the economic recession led many marginalized American citizens to live in deplorable conditions. Greater resentment and mistrust of others among African-American communities emerged due to the inequality and injustice imposed against them.Brutality and victimization was at an all-time high, with injustices against African Americans in police arrests. In addition, there was open intimidation, with random police checks and a continued scrutiny of African-Americans. In August 1965, the Watts riots in Los Angeles were fueled by the arrest of African Americans for driving while drunk. This form of inequality stimulated deviance and development of gang life in American society.
Economic slowdown drastically reduced employment opportunities for marginalized groups and directed increased advocacy for equality. As a result,there was emergence of more civil disobedience and escalating violent demonstration to articulate the inequalities.The challenges had a significant impact on family structures where most children ended up as orphans due to crime. Further, owing to the tough economic situations, family members resorted to join gang life because of the economically lucrative and simple life. In addition, others saw these as a viable avenue of deviance to fight the banal inequality in the American society.
As presented by Stacy Paralta in the film, the Crips and the bloods gang were formed over 30 years ago in Los Angeles and have now spread to over 123 cities and 33 states in the United States. The Crips was established by two African-American students Raymond Washington and Tookie from South Central Los Angeles High School. It emanated from gang which was named “Baby Avenues” during the time in 1960’s. The motive of establishing the gang according to Raymond was for protection against other violent gangs committingcrimes.
The Crips expanded to the most parts of the Los Angeles city with most of its activities based on the high school campuses. Initially, the Crips entailed three factions; the Eastside Crips, Westside Crips and the Compton Crips. According to the documentary, most of the other gangs within the area of Los Angeles affiliated, labelling of their gangs to the Crips. The criminal activities of the Crips revolved around extortion of other gangs, assault and robbery.The pioneer founders of the gang dissociated themselves from the gang. Raymond Washington was killed in 1979 and Tookie imprisoned for murder.
With the spiraling of the Crips dominance throughout Los Angeles, the Piru street boys, a gang composed of the mostly African-Americans emerged in the 1970’s. Both the Crips and Bloods had rituals for all the members before they join and also a symbol of loyalty. They had a membership of youths aged between fourteen to twenty-four. Further, the gangs were territorial exhibited brutal violence in their expansion. Initially, the gang was a set of the Crips until the confrontation of Sylvester Scott and Benson Owen by the Crips. They later broke off its membership after calling on other gangs victimized by the Crips which led to a serious conflict.
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The gang was formed to fight against the increasing dominance of the various Crip gangs in the city. Sylvester Scott and Vincent Owens created the gang based in West Piru Street in Compton Los Angeles. Piru street boys enjoyed new membership from members who exited the Crips. As a result, they formed an affiliation and was named the “bloods”gang. A serious feud between the Crips and the Bloods ensued which saw one of the most violent and bloody gang related killings in South Los Angeles.
The continued violence between the Crips and the Bloods was greatly fueled by the Narcotics trafficking business. In the 1980’s, inception of crack cocaine into the American market led to the increased gang based violence. The Crips and the Bloods are credited with most distributions and drug dealing activities throughout the United States. The fight for new territories among the two gangs has continuously sustained the highly violent feud. The high stakes in the drug business augmented the new heights in the crime the gangs are willing to engage in.
The gang life has gradually been entrenched into the popular American culture.Social organization of the youth have fostered the integration of practices such as graffiti and tattooing. These are very important symbols in the communicating among the gang members. In the education system, schools have become crucial socializing agents for induction of most teenagers into crime life. Crime norms and ideals are learnt through socializing with other students in addition to provision of incentives to joining crime life.
The high level of bullying evident in most high schools in America can be attributed to the gang socialization in community. In the business sector, gang life has permeated into the daily operation of legal businesses. Entrepreneurs engage in extortionists activities to solicit money and business deals. In addition, bribery and protection fees for businesses have become part of everyday business transactions.
In conclusion, the advent of gang life in the United States as depicted by the documentary is largely ascribed to economic challenges and social injustices. Most of gangs were formed to contest against the blatant segregation of African-Americans, Hispanics and Latino communities. Formation of these gangs disintegrated the conventional way of businesses and family operations. Bloody violence increased number of violent murders leaving many orphaned. Furthermore, intimidation was entrenched as the new way of conducting business.
References
Stacy Peralta, S. G. (Writer), & Paralta, S. (Director). (2008). Bloodz &Crips – Made in America [Motion Picture]. Retrieved from https://www.youtube.com/watch?v=vdv08c0aiTE
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B. Is he/she elected or appointed? If appointed, by who and for how long?
If elected, how long is the term?
1. A. Ronald Davis is the warden at San Quentin State Prison. He has been in this administrative position at the facility since 2014. He was previously the head of Valley State Prison in Chowchilla up to 2014 and was deputy warden at Avenal State Prison from 2010 to 2012. He has served in other similar positions in Salinas Valley State Prison ranging from the lieutenant, correctional officer, and sergeant.
2. A. Discuss the main function/responsibility of the correctional department or facility? (Do not answer anything related to the welfare/care/safety/well-being-feeding, medical care, bathing/education/training/rehabilitation/social programs/preparation for release. If the Dept. only had funds to do ONE thing what would that first thing be? ). Think about this one; you already know the answer, the basics.
B. Describe the population’s “classifications” of the inmates. Hint: Is it pre-sentence, post-sentence, or both? Male, Female, Juvenile or a combination, if so list percentages.
C. Describe and discuss the security classifications (maximum, medium minimum, etc.)
2. A. The primary function of San Quentin State Prison is to ensure criminal offenders are housed in a secure way. This is the State’s only gas chamber, and all condemned inmates are located here. The prison facility has death row divided into three sections; the north segregation for prisoners who don’t usually cause trouble, the East block and the Adjustment Center for the worst criminal offenders. There is a psychiatric facility that serves the prisoners and a converted shower bay for holding religious activities.
However, most of the functions and programs available at the facility are not accessible to death row inmates. In 2007, a new execution chamber was built at san Quentin with a 230 square feet injection chamber and three viewing areas for family, victim and members of the press. Other than state executions, the prison facility carries out federal executions although in rare cases. So far, only three such executions have taken place on criminals who had been incarcerated at Alcatraz Island federal penitentiary. Notably, this is the only inmate-produced newspaper in California and one of the few in USA.
B. Initially a combination of both male and female inmates, San Quentin bay facility is strictly a male prison. It houses post-sentence criminal offenders who have committed serious crimes such as murder. The original plan for establishing the facility was to replace a prison known as Waban and since the French revolution of 1852 during the Bastille Day, the state prison has been known as Bastille by the Bay.
During its construction, inmates slept on the prison ship at night and labored to build the new facility during the day. San Quentin house used to house both male and female inmates until 1933 when Tehachapi women’s prison was constructed. (http://www.cdcr.ca.gov/Facilities_Locator/SQ.html)
C. Although the Quentin State Bay Prison has a death row operation for serious criminal offenders, it does not fall under the category of maximum, medium or minimum security prison. Rather, it exhibits all the features and facilities of the three security classifications. There is one maximum security cell block known as the adjustment center, and a medium security setting. There is also a minimum security firehouse, and a central health care service. The walled prison comprises four elephant cell blocks; West, South, North and east blocks.
3. What is the Mission Statement? (Can be a cut and paste, in quotations)
“We enhance public safety through safe and secure incarceration of offenders, effective parole supervision, and rehabilitative strategies to successfully reintegrate offenders into our communities”.
B. Is the agency accredited? If yes, what is the title of the accreditation and since when?
A. Correctional accreditation is meant to enhance the operations of prison facilities by ensuring they adhere to standards relevant to all areas of operations. These areas include safety, security, inmate care, administration, justice and programs. The accrediting body ensures the correction facility follows to these standards by continuous assessment, contracting, preparation, and audit for final accreditation decision. The body works hand in hand with the facilities being examined to introduce them to the process of accreditation, provide necessary documentation, assign auditors to each levels of the facility and discuss various requirements for each standard.
5. B. The prison agency was accredited by the Commission on Accreditation for Corrections in 2015. The commission had in previous year accredited eight additional California departments of corrections and rehabilitation prisons, such as Chukawalla Valley state prison and Folsom State prison.
San Quentin State Bay Prison was accredited alongside Avenal State Prison, California State Prison-Los Angeles County, Deuel Vocational Institution, California Medical Facility, California State Prison-Corcoran, Salinas Valley State Prison and California State Prison-Los Angeles County.
6. List the number (how many) of sworn personnel and the number of civilian personnel.
As of March 22, 2017 San Quentin State Bay prison had a total capacity of 3, 760 inmates. This is in excess of the initial design capacity, given that the facility was meant to house a maximum of 3, 082. This facility is 122 percent occupied, with a staff capacity of 3, 956 personnel.
7. A. Staff Personnel Diversity- What percent of the personnel in the agency are minorities, give breakdown, if it’s readily available (website)?
B. Inmate Population Diversity- Advise on the inmate populations (percentage or actual numbers) information: Male/Female, Adult/Juvenile, Race, and Ethnicity.
7. A. The facility hosts personnel of diverse cultures and origins, age and gender. The minority are female personnel.
7. B. Given that the facility is a male-only prison, there is no diversity of the population of inmate. There are 3, 076 male inmates who the occupy 122 percent of the facility’s capacity.
8. Inmate housing classification. How are they segregated: Is it by offense type, age, sex, and medical, all of the aforementioned? Explain.
Correctional officers are permitted to impose a wide range of disciplinary actions to maintain order in the prison. Reasonable sanctions may be imposed to classify and segregate inmates in terms of crime, mental illness and their conduct within the facility. However, corporal punishment, extreme isolation conditions, handcuffs, restraint chairs and any other form of cruel treatment is not acceptable. In the most severe cases of disciplinary crimes, inmates may be isolated for safety and security reasons.
Prisoners can also be segregated in protective custody or any other form of restriction than those used on the general population at the facility. This is mainly done to protect the prisoner from sexual abuse, manipulation, physiologically harm, verbal abuse or physical torture. This can also be applied to prisoners who request protection from other violent inmates. This type of segregation cannot exceed 30 days unless there is a serious and credible threat to the prisoner’s safety and the officers are unable to sufficiently offer protection.
9. Staff Personnel Work Schedules: How are the staff personnel that directly supervise the inmates assigned? (i.e. what are the shifts, 5/8s, 4/10’s, 3/12’s, or other) ?
The personnel work schedule involves three shift commanders who are changed after every eight hours. The commanders have the power to make decisions at the post unless they are litigating eventualities from top a senior manager.
10. Your text Chpt. 12 discusses Centralization vs. Decentralization in prisons. A. Is your correctional department operating as centralized or decentralized, or is it in transition?
B. Explain what specific factors are present in the management and administration that resulted in your answer for A.
10. A. Effective management of San Quentin facility requires the implementation of an approach to management that appreciates the complexity of the correctional organization and the inmate’s environment. As a result, the management has adopted a decentralized system that effectively integrates inmate supervision and quality service delivery to the larger population while recognizing the needs of the staff.
10. B. Like most of the US prisons and jails, San Quentin prison bay is a decentralized collection systems. The federal government, states and a lot of counties operate individual but interconnected networks. The prison organizational structure involves several individuals and agencies responsible for decision making and running of the facility. This relies on team environment at various levels in the organization where each individual has some authority to make decisions.
11. A. Are the personnel that directly supervise inmates assigned to the same area for any period of time? (3mo/6mo/year).
B. What is the process for them to change shifts? And Change Assignments?
A. The personnel that supervise inmates are assigned to the same area but a specific [period of time. This can range from months to one year.
B. For change in assignment or shifts, the personnel can fill in one staff is missing, and the next above them takes the position of whoever was assigned that duty.
12. Organizational chart- detailed (can be an attached sheet). Do not provide a link.
13. Your text, chapter 5 explains Organizational Conflict and how it can be used to bring attention to issues and ultimately result in a positive outcome. These issues in a correctional setting can be potentially explosive, and diffusing them quickly is paramount. Discuss a real example that occurred in your selected Correctional Department.
The complexity of San Quentin prison facility makes it difficult to manage, and even harder to resolve conflicts that arise from perceived opposition of values, needs and interests between the management and the inmates. On august 2015, the facility almost exploded into chaos after the first of six prisoners tested positive for legionnaire’s disease. The outbreak started with inmates for death row to solitary confinement, with 95 more inmates reporting the disease’s symptoms in the last few days.
None of the 95 inmates received official diagnosis of legionnaire’s infection. The California department of corrections and rehabilitation department sought to identify and treat potentially infected inmates. The outbreak was a result of water contamination with Legionella bacteria was aspirated, and the inmates possibly breathed in as moisture in the air conditioning.
The diseases claimed the lives of 12 people who had been sick because of contaminated cooling towers .This resulted to unusual lockdown of the facility, where visitors were prohibited from seeing inmates while the prisoner’s movement was highly restricted. The staffs were also subjected to difficult measures, being expected to be clean and many programs coming to a standstill.
14. A. What is the ratio of corrections staff to inmates?
B. How does management ensure security in a facility/Dept/Prison when the correctional staff is always so out-numbered (basic principle used in all jails/prisons) ? Explain the physical settings and procedures that ensure officer safety and prevent inmates from taking over and escaping? This includes Physical barriers/ allocations of inmates/officer safety procedures and disciplinary deterrence’s. Address each of these.
C. What inmate medical, social services, educational/training programs, and religious opportunities are available for inmates?
D. What inmate services would YOU say are lacking at the Department or Facility.
14. A. Currently, San Quentin State Bay prison has a total capacity of 3, 760 inmates and staff capacity of 3, 956 personnel. This will result to a ration of correction staff to inmates of 989: 940
14 B. The physical settings include level 2 housing; an open dormitory with secured perimeter and armed coverage. There is a Condemned Unit, and a reception center that provides housing on short term basis to process and evaluate inmates. Maintaining security in prison facilities involves cooperation between the inmates and the correctional officers. Sometimes, the correctional officers may be outnumbered by the inmates, and the management needs to highlight strategies to handle such an eventuality.
Having strong leadership is the first key solution to ensure the officers have all the support they need. Good leadership ensures prisons are well supervised ad there is minimum level of violence within the prison. The administration can ensure strong leadership by subjecting the officers to quality training and sufficient time on the job.
14 C. Inmates at the facility are allowed to engage in various social activities such as sports. Since 1994, prisoners have been allowed to play baseball with players from outside the prison- the games take place twice a week through the summer. There is an on-site degree granting program run by the Prison University Press that begun in 1996. Counter force is a non-profit organization that educates and supports people who are incarcerated. It has various programs like the peer health education program that offers effective health information to prisoners, and the Back to Family Program that enables men to effectively re-connect with their families. ( http://www.cdcr.ca.gov/Facilities_Locator/SQ.html)
14 D. Despite the numerous social and educational services and programs available at the facility, there are services that are lacking. There are no sufficient religious programs to take care of diverse inmates needs effectively, and the available ones are lacking in terms of support and effectiveness. Only baseball sport is available, yet there should be more activities ranging from football, rugby and athletes.
15. A.Citing from the various specific Management and Leadership Styles discussed in your textbook, what leadership style would best for use by the Director or Warden towards his staff personnel? Comprehensively explain why?
B. What leadership style would be best for correctional line personnel towards the inmates? Comprehensively explain WHY?
A. For effective running of the facility, a Laissez-faire leadership style would be best suited to deliver quality services while paying attention to the missions and goals of the organization. Using this style, the warden will be able to give subordinate staff enough freedom in doing their work at the facility. This leadership will result to job satisfaction by the correctional officers.
B. Due to the complexity of managing and getting inmates to do what is expected of them, an autocratic leadership style by the correctional personnel would be highly effective. An autocratic officer will make decision without asking or consulting with inmates, an appropriate style when decisions have to be made quickly. In most cases, agreement with the prisoners about key issues affecting the facility is not relevant.
16. Discuss THREE problems/issues related to the administration or management of the department or facility and explain how YOU would resolve each one IF you were the C.E.O. (Warden or Director, or …) List them as A. B. and C. (Hint: This could be budgetary, corruption, staffing, grievances, organizational, disciplinary, or …)
One of the major problem facing the prison is overcrowding of inmates. This has resulted to increased difficulty in execution of key operations and has fueled grievances from the prisoners. With an overcrowded facility, there is risk of controlling inmate behavior, minimizing incidences of violent attacks and it becomes problematic to monitor disease outbreak such as Legionnaires infection.
.Classification of inmates in terms of their ethnicity and race is another problematic issue related to the administration of the facility. This is especially the case with prisoners of Jewish origin, who fall somewhere between White and Asian. Accusation have been forwarded against the administration for using race as a predominant factor in categorizing cellmates and putting Jews in dangerous positions when classified as White. As a result, the Jews might find themselves in same cell with racists and end up being mistreated.
The third administration challenge that requires immediate intervention is the question of correctional officer- inmate relationships. While some inmates make it harder to administer the facility due to their violent and stubborn behavior, there are cases when officers use extreme measures to achieve order. This has resulted to complain from inmates, human rights activists and other stakeholders demanding better treatment of the prisoners. The Adjustment Center (AC) is one cause of problem. Now partially exposed by the media, the AC has resulted to hunger strikes at the facility by inmates who demand an end to extreme torture.
17. A. Define the managerial concept of span of control as it relates to management of a CJ agency.
B. Apply the concept and tell me what the span of control is for TWO management or supervisory assignments.
17. A. Span of control refers to the number of employee who report to the manager in a hierarchy of command. When there are more people under the control of the manager, the span of control becomes wider. Less people mean a smaller span of control. It is the highest number of people supervised by a manager, and the number may be increased or reduced according to the nature of the work done. Span of control allows an organization to experience a smooth running of functions.
B. For an organization with two managements, span of control concept means that the employees will be reporting to two managers within the same organization at different levels of management. This also means that the organization has only two levels of management where decisions are made.
18. Describe the physical layout of the correctional facility. IF you selected to do a Department, pick one facility in the department and describe its physical and staffing facets. Publicly available information only, include the address, number of dormitories, etc. Google EARTH may assist you with this question. If they tell you that its confidential for security, they are misunderstanding the question. You want the public basics only, if they have a concern, advise them of this.
The physical address of San Quentin prison facility is CA 94964, California. The complex is mounted on Point San Quentin which entails 1.75 Km2 northern San Francisco Bay. It stretches 275 acres and has its own ZIP code for mail sent to prisoners. It’s bordered by San Francisco Bay to the south. They prison comprises four cell blocks, one maximum security block, central healthcare building, medium security dorm n a firehouse house.
19. Hierarchy of command.
A. Define it (in the context of Criminal Justice)
B. List all (hierarchy of command) ranks of correctional personnel that are responsible for custody of the inmates, from bottom to top. Start with title of the persons that directly have care and custody responsibilities of the inmates (often titled “correctional officer”) and End with the C.E.O., often titled the “Warden” or “Director” (note: Its not the Governor or President) , or they may have another title in your selected Department. Do not list the NAMES of personnel, ONLY the title, like Ofc. Sgt, Lt. …. or similar for YOUR selected Department.
19. A. A chain of command refers to a group of individuals who execute orders based on authority within the group. Its part of structure that delegates how power is distributed form the top most management to the rest of the people in an organization.
19 B. Shift Commanders
Commanding Officer
Sergeant
Lieutenant
Captain
Warden: Title for the administrative head
19. Answer ONLY A or B and C.
A. IF your agency has a DEATH ROW, describe how many males and females are housed there. Also, describe the cell (size and what’s in it, sink? Bed? Toilet? Desk? And describe the daily life activity of a death row inmate (how many hours of outside area time, etc.).
San Quentin has the largest death row for male inmates, and the largest in United States. The different units house 725 male inmates. However, there has not been any death execution for the past ten years as a result of challenges to the execution protocols. The cells in the facility look old, given by the fact that much of the structure were built 100 years ago. There is nothing automatic with the sinks, beds, doors and cells. Each cell must be locked manually using hands.
20. No right or wrong answer: Just a personal survey, with 5 easy points credited.
A. How many actual hours did it take to complete this assignment? Between 40 to 50 hours.
B. Did you find it difficult? Yes. The assignment was a little frustrating but become easy and interesting towards the end.
C. Did you find it was a good review/repeat of the text material that ensures a student a student learned/understood what was to be learned in the course? Yes, the assignment is a good review to help understand classroom knowledge.
D. Most write that at first it looks tough and.. But later write that it was a great asset to the course, mostly only repeating the same concepts and terms, do you feel that way, that you learned a lot? Yes, it looked challenging given that information is not readily available. In the end, I realized there is much about correctional facilities that I learned.
E. What would you change? F. Any personal comments? This is all used to improve the content and RA for the future. The assignment should not be limited to correctional facilities in states of Alabama, Illinois, Kansas, Texas, New Orleans, Utah, California, Minnesota, Idaho, or Wisconsin
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Impact of criminological research on social policy
Criminological research can impact social policy in a considerable way, given that crime and criminal justice are generally considered social issues. While criminal justice is involved in studying crime, social policy aims at establishing how the society promotes the welfare of individuals. Both areas are also related to social problems that relate to crime and are concerned about how better responses can be undertaken to prevent crime (Wincup, 2013: 5).
Therefore, research in criminology provides useful findings on crime, criminal behavior, causes of crime, ways of preventing crime and how to deal with offenders in order to reduce crime, all which provide solutions that can be applied in social policy development to make the society a better place to live.
Sociology aspect: Criminological Research
Crime is considered a social problem and social policy concerns itself with addressing social problems. In this relation, criminology and social policy have a direct relationship in that criminology studies provide solutions for addressing crime in order to promote societal welfare. The application of criminological research provides a more comprehensive approach to identifying social problems that lead to crime.
It provides a more scientific approach in the collection of data, analysis and presentation, which provides highly relevant information for use in managing crime (Liebling, Maruna & McAra, 2017: 58). A majority of these interventions revolve around social policy and this implies that criminological research has significant implications on criminal research. This could also explain why criminological research as a course is offered together with social policy, given that they both have a beneficial relationship.
The more recent research on whether prisons are more useful or harmful in promoting reducing crime is an example of research in criminal justice that has a direct impact on social policy. This is because while the use of prisons has been predominant over the decades as a means of correction, statistics have also shown that the use of prisons has only resulted in overcrowded jail facilities and increased crime as witnessed in the rate of recidivism among former criminals.
In this relation, criminology research has also focused on determining social interventions that would be more effective in reducing crime such as poverty reduction, education, early child development programs, job creation, war on drugs, help for mental problems and community-based punishments for crime (Liebling, Maruna & McAra, 2017). This would impact social policy in that based on the recommendations from criminology research, it is possible to implement such measures to provide solutions that improve social welfare.
Such actions have been observed in the United States there is increased efforts towards addressing underlying social issues that influence crime. A notable intervention has been the implementation of prison education programs that ensure that prisoners are able to take reintegrate into the society through finding decent jobs (Davis, 2014: 1). The same applies for prison overcrowding, where criminological research has been prevalent and established that overcrowded prisons have led to more problems in the United States’ attempt to reduce crime.
The government has consequently called for action to address the problem of prison overcrowding to promote the welfare of prisoners and reduce deaths, injuries, immorality and recidivism associated with prison overcrowding. To address such issues, social policy must rely on findings from criminological research because they are more accurate and are based on well researched theories, such that interventions are likely to lead to better outcomes.
References
Davis, Lois M., et al. (2014). How Effective Is Correctional Education, and Where Do We Go
The changing nature of crime has a significant impact on criminology, leading to more intriguing research on new aspects of crime. As noted by Barlow & Kauzlarich, 2010: 18), criminology theories have established that the complexity of behaviors and criminal actions as explained in different criminological theories point to the fact that the nature of crime will continue to change.
The modern times are characterized by unique crimes including unusual cases of terrorism, larceny and cybercrime among others. Criminals have become more tactful and the advent of technology and crime-based films have further increased expertise in criminal activities. The need to address the changing nature of crime in a proactive manner is absolutely necessary and criminology must adjust to accommodate such developments.
Besides, there is need to investigate the impact of traditional forms of crime correction and punishment to establish its effectiveness in the wake of the changing nature of crime. Accordingly, criminology has been affected by the changing nature of crime and there is need to keep studying such crimes and ensure that they are amicably addressed. Criminology is tasked with the duty of studying crime and developing solutions; such that urgent research is required to address new aspects of crime.
The changing nature of crime could be a reflection that theories in criminology have been outdated and that new focus is needed in order to manage modern crime. New paradigms need to be explored in order to ensure enhanced crime management. In the case of terrorism for example, the field of criminology is tasked with determining the major motivations of crime and the possibility of preventing the attacks before they can happen.
Changing nature of crime: Terrorism
Recently, there has been a surge in the number of terrorist attacks in the form of lone shootings, an illustration that terrorism goes beyond the alleged question of religion where research has mostly been focused. The recent shootings in Las Vegas that left 59 people dead and nearly 500 injured on October 1, 2017 were perpetrated by a lone gunman whose motive of crime is yet to be identified.
Stephen Paddock as he has been identified planned the crime for a long time, purchasing guns and rounds of ammunition and booking hotel rooms that gave him a clear view of the venue (Yan & Karimi, 2017: 1). The attack raises questions on how such a crime could be executed under the tight security measures that the United States has taken against terrorism.
Paddock did not only purchase numerous guns and explosives but also managed to transport them in his car and into the hotel room without being flagged by security. It is possible if he managed to escape the scene as originally intended, he may have committed another crime such as a bombing, given the police found explosives in his car.
Paddock was mostly a private person and since no accomplice has been identified so far, finding the motive may require an investigation into his psychological health. Barlow & Kauzlarich (2010: 15) note that psychological causes have been linked to crime but its relation to terrorist attacks is still a new subject of study.
The changing nature of crime as far as terrorism is concerned needs to explore more theories than are currently being studied. This insinuates that criminology would have to change the direction of study towards investigating the impact of psychological issues and other factors as a trigger of terrorism (Corner, Gill & Mason, 2016; 561).
References
Barlow, H. D. & Kauzlarich, D. (2010). Explaining Crime: A Primer in Criminological Theory.
Lanham, Maryland: Rowman & Littlefield.
Corner, E., Gill, P. & Mason, O. (2015). Mental Health Disorders and the Terrorist: A Research
Note Probing Selection Effects and Disorder Prevalence. Studies in Conflict & Terrorism, 39(6), 560-568.
Yan, H. & Karimi, F. (2017). Las Vegas killer had more explosives, 1,600 rounds of ammo in
