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Law Of Suicide: Need To Humanise The Criminal Justice System

Posted on December 15, 2024 | by Laureen

Since the advent of mankind, suicides have been a complex part of society. It is considered as a factor contributing to the premature or unnatural end of precious lives. It is an act of self-destruction. It is an outcome of an unfit mental thought-process. It is not the nature of a person. It is an act which is as involuntarily done as voluntary it seems to be. A person is in such an irreversible ideation that he loses the prudence to decide the correctness of his actions.

The word suicide is derived from the Latin phrase ‘sui cadre’ which means ‘to kill oneself’. The 210th Law Commission Report stated that suicide (felo de se) means deliberate termination of one’s own physical existence or self-murder, where a man of the age of discretion and compos mentis voluntarily kills himself. It is an act of voluntarily or intentionally taking one’s own life.

Suicide is an end result of mixed emotions. It is to be noted that, in most of the cases a person does not want to die, but rather ease themselves from the sufferings that they’ve been going through.

Major Reasons for Suicide

There are myriad of reasons which can be attributed as the causes of rising suicides. Some of the reasons are mentioned below:

Mental Illness- The Prime and the most common reason for suicidal tendencies are depression, anxiety. Other reasons could be- bipolar disorders, schizophrenia, and various other mental illnesses.
History of Abuse- Substances of abuses creates ideation of suicide. People who have been physically or sexually abused or young children who have been bullied by peers or at home have high risks of committing suicides
Drug and Substance abuse- People who consume drugs and alcohol on a consistent basis are often found to be depressed. They use drugs as a means to escape their harsh reality, not realising that it is a short-term relief and in long run leads to a very opposite situation.
Social isolation and loneliness-There are many reasons which lead to social isolation, like the death of close one, relationship crisis, mental illness, fear of rejection and etc.
Erosion of prestige- Another possible reason could be a loss of prestige or a feeling of shame to such an intensity that it leads to self-harm.
Unemployment and lack of financial resources- A person who is unemployed and unable to find a job followed by financial desperation where he fails to support his family, can develop severe stress condition and a feeling of unworthiness.
Family history- Sometimes, suicides could be due to genetics and family history. Family members share common traits like aggression, anxiety, stress sensitivity and a family having a history of suicidal tendencies ignites the risk of suicides
Existential crisis- It means that a person considers his life as void or when he questions his purpose of living. It could also happen due to a huge failure or due to lack of interest.
Prescription of drugs- Lastly, the side effects of prescription drugs such as antidepressants can also result in suicidal ideation. The results of these medicines vary person to person and could sometimes affect very negatively, hence, triggering negative thoughts.

In all the reasons mentioned above, one thing is noted to be common, that is a ‘mental element’ which leads to the idea of suicides. Be it a social, political or economic crisis in a person’s life, it all ends up being a psychological factor which leads to suicide. Mostly, suicide-prone people are diagnosed with stress issues, depression or anxiety, to the level where they need to seek medical help. However, in India, rather than providing medical help, we treated these faltered people as criminals.

Furthermore, the Supreme Court has observed that suicide is a psychiatric problem and not a manifestation of criminal instinct. This Section of the Indian Penal Code says, ‘whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year or with fine, or with both’

It is a self-explanatory provision and doesn’t need to be translated into simple words. It is one of the most inhuman provisions incorporated into law. It is erroneous to the extent that the act when committed is not a crime, making a person out of reach of the law, but its failed attempt makes him a criminal.

Although, this provision was introduced by the Government with the intention of saving lives. It is believed that the lives of the men are not only valuable to them but to the state which protects them. The State intended to stop perspective suicides by imposing a punishment, thinking that this will reduce the suicide rates. To the contrary, most of the suicide cases went unreported and it silenced most of the needy people from coming forward with their issues. Hence, this has been a complete failed attempt and must be repealed.

It was well stated in the case State v. Sanjay Kumar Bhatia , that ‘the continuance of Section 309 IPC is an anachronism unworthy of human society like ours… the provision like Section 309 which has no justification has no right to continue to remain on the statute book’. Moreover, this section has been questioned on the grounds of its constitutional validity. Furthermore, it has been struck down by Section 115 of The Mental Healthcare Act, 2017.

Constitutional Validation of Section 309 IPC

Article 21 of the Indian Constitution states that ‘no person shall be deprived of his life or personal liberty except according to procedure established by law’. It clearly asserts that every person has a right to live a dignified life. This right is devoid from any sort of inequality, discrimination or injustice. Now, the question arises whether a person has a ‘right not to live a dignified life’ inclusive of the ‘right to die’. There have been certain leading cases which have dealt with this issue.

The question whether Article 21 incorporates ‘right to die’ was for the first time witnessed in the case Maruti Shripati Dubal v. State of Maharashtra , where the Bombay High Court contended that the right to life guaranteed by this Article includes a right to die and held that Section 309 is unconstitutional and struck it down. Furthermore, the Judges while enumerating different sets of circumstances in which a person may attempt to commit suicide, pointed out that ‘the purpose of the prescribed punishment is to prevent the prospective suicides by deterrence, it is difficult to understand how the same can be achieved by punishing those who have made the attempts. Those who make the suicide attempt on account of the mental disorders require psychiatric treatment and not confinement in the person cells where their condition is bound to worsen leading to further mental derangement. Those on the other hand who make the suicide attempt on account of acute physical ailments, incurable diseases, torture or decrepit physical state induced by old age or disablement need nursing homes and not prisons to prevent them from making the attempts again.’ Moreover, the court also asserted that ‘no deterrence is further going to hold back those who want to die for a social or political cause or to leave the world either because of the loss of interest in life or for self-deliverance. Thus in no case, the punishment serves the purpose and in some cases, it is bound to prove self-defeating and counter-productive. On this account also the provisions of the section are unreasonable and arbitrary’ .

Interestingly, the validity of Section 309 was again challenged in the case Chenna Jagadeeswar v. State of Andhra Pradesh . But the court, in this case, stated that Section 309 of IPC is not violative of Article 21 and upheld its validity. Furthermore, the court contended that the right to life enshrined under Article 21 does not include the right to die.

In the case P. Rathinam v. Union Of India , the apex court consented the view of the Bombay High court in the Maruti Sripathi Dubal Case and held that right to life means right to die. The court in this landmark case asserted that a person has the right to not live a forced life under the right to life. The court while contending Section 309 to be void said that ‘a person cannot be forced to enjoy right to its life to his detriment, disadvantage or disliking. Moreover, Section 309 of the IPC is cruel and irrational provision’ . The court was of the opinion that this section deserved to be effaced from Code to humanise our penal laws. This Section is so irrational and it punishes a person who has suffered agony and would be undergoing ignominy because of his failures to commit suicide.

The above case was overruled by the Supreme Court in the case Gian Kaur v. State of Punjab , and held that ‘right to die’ cannot be incorporated under ‘right to life’ made available to us under Article 21 of the Indian Constitution. It stated that a person cannot be permitted to take away his own life. ‘Right to life’ is a natural right enriched under Article 21, however, suicide is an unnatural termination or extinction of life being incompatible and inconsistent with the nature of ‘right to life. Hence any aspect of life which makes life dignified may be included in it but not that which extinguishes it.

In the above case, the Supreme Court upheld the constitutional validity of Section 309 of IPC. It is pertinent to mention that the apex court while giving the judgment did not get into the retention or continuance of this Section.

Recommendation for the Repeal of Section 309 of IPC

The 210th Law Commission Report agreed to the apex court’s judgment in Gian Kaur case but also encouraged for repealing Section 309. It also provided for the following recommendations-

Life is a gift of God and cannot prematurely be terminated by any person nor can it be approved by society. But even then, it would not be just and fair to aggravate such a person’s pain by punishing him.
Where any law is illogical or does not prove to be effected, it should cease to exist.
Section 309 of IPC is a stumbling block in the prevention of suicides and in improving the access of medical care to those who have attempted suicide.
The repeal of the anachronistic law contained in this section would save many lives and relieve the distress of his suffering.
The Commission is of the view that abetment to suicide must continue to be an offence (section 306) but Section 309 needs to be omitted from the Code.

Apparently, now Section 309 of IPC has been struck down with the institution of the new Mental Healthcare Act 2017. To put it in other words, the right to live does not include right to die but at the same time, there is no punishment for the same.

Mental Healthcare Act 2017

The Act provides for the ‘presumption of severe stress in case of attempt to commit suicide. It lays down that-

(1) Notwithstanding anything contained in section 309 of IPC, any person who attempts to commit suicide shall be presumed, unless proven otherwise, to have severe stress and shall not be tried and punished under the said Code.

This Section asserts that a person who tries to commit suicide is presumed to have severe stress. The Act uses the word ‘shall’, indicating a strict interpretation. Hence, Section 309 stands ineffective. What is important here, is that this has not been done with the intention to promote suicides, but with the belief, that imposition of punishment neither supports the survivors nor does it help in reducing the rate of suicides in a country. It merely serves more suffering to the person who is already suffering.

To put it in other words, the intention of the legislature is to provide the due medical help. It is believed that a person who has a suicidal tendency cannot think prudently. It happens in the heat of the emotions and in such a fraction of time, the right and wrong becomes blur. Hence such a person does not think rationally and needs support equivalently provided to other general mental illnesses.

Humanising the Criminal Justice System

It is pertinent to mention here, that in order to humanise the criminal justice system, decriminalisation of an offence is not enough in itself. In some cases, it requires more efforts and initiatives. Like in the case of suicides, the Government needs to introduce certain measures which can provide medical guidance to the survivors and control perspective suicides.

Every person has a fundamental right to live a dignified life. It means a life without any harm or danger. On the other hand, the State has an obligation to ensure this eventuates and if required it acts, to protect its people from every possible harm. This obligation extends to self-harm as well. To the contrary, it is impossible for the State to stop a person from committing suicide, or, to reach out to every suicide. But, it shall help in prevention and cure. To put it other words, the State shall help in preventing suicides by providing counselling, education, and awareness and on the other hand it shall protect the survivors by providing cure like treatment, care, and rehabilitation. This is explained below:

Means of Prevention

The Mental Health Care Act not only decriminalises suicides but also, though in general, provide for preventive programmes and awareness schemes

Promotion of Mental Health and Prevention Programmes- As per section 29(1) of the Act promotes that the appropriate government shall, in particular, plan, design and implement public health programmes in order to reduce suicides and attempted suicides in the country.
Creating Awareness About Mental Health and Illness and Reducing Stigma Associated With Mental Illness- It is quite necessary to have awareness regarding mental health and illness. This duty is also imposed on the State. As per section 30 of the Act, the appropriate government shall take all measures to ensure that-

a) The Act and its objectives are given wide publicity through media, including television, radio, print, and online media at regular intervals.
b) Introduce programmes which help in removing the stigma associated with mental illness. Such programmes must be planned, designed, funded and implemented in an effective manner.
c) Periodic sensitisation and awareness training must be given to the appropriate Government officials including public officers and other officers.

National Level Strategies- The Government must create national wide strategies in order to give a proper commitment to suicide prevention. This will help in planning prevention for the long run.
Promotion and Supports to NGOs- The Government must encourage and support various NGOs, Medical clinics and other organisations which help in providing support to the suicide-prone persons.

Means of Cure

The Act also incorporates provisions for the cure that can be provided to the survivors. As per Section 115(2) of the Act, the appropriate Government shall have the duty to provide:

a) Care
b) Treatment
c) Rehabilitation

It is available to the person having severe stress and who attempted to commit suicide, to reduce the risk of recurrence of an attempt to commit suicide. The act lays the procedure and establishment authority at the Centre as well as State level for better implementation of the above-mention cures. It also provides the rights of persons with mental illness and the right of admission as an independent patient.

Help You Can Provide

Suicide in itself is not a mental illness, however, mental illness or disorders lead to suicides. Apart from the State, a person himself, his family, friends, and society at large plays a very vital role in the life of a suicide-prone person. Following are some means that can help in saving a life:

Check for warning signs. This plays a very crucial role. Every person who is about to suicide indicates his feelings in some way or the other, which must not go unnoticed.
Comfort the person and let them know that you care and are deeply concerned for them.
Be an active listener. Communication is the best way to assess whether a person is suicidal or not. And not only this, it helps in assessing a real cause behind being suicidal as well.
Never leave a suicidal person alone. This is the key to save a person’s life. Often, the thought of suicide is merely product of some difficult and unbearable moments which passes away with time.
Lifestyle changes. Many times changing one’s lifestyle can also help in preventing suicidal tendencies like getting out of toxic relationships, avoiding alcohol and drug consumption, exercising and sleeping well.
Seek Medical Help. The best way to prevent suicide is to seek medical help. Mental Health Practitioners are well trained to deal with such problems. They shall:

a) Assess the reasons of suicide
b) Provide counselling for travail matters leading to stress
c) Furthermore, provide medications if required.
d) In addition to medications, they provide therapy

In earlier times, mental health problems were widely spoken off topic. It is all right for a person to die out of cancer, but when it comes to having a mental illness, even as small as depression or stress, such a person is considered falter. Not only this, the doctors dealing with mental illness were considered as the doctors of mad people. However, this is changing with time and people are starting to understand the value of mental well-being.

Suicide is not something which can be taken lightly. A step in the right direction can help save a life.

Conclusion

To sum it up, Suicide is not a manifestation of criminal instinct. It is a mental illness, or as stated in The Mental Healthcare Act, 2017, a result of severe stress for which a person shall not be punished under Section 309 of IPC. However, ‘right to die’ is not a part of ‘right to live a dignified life’ under Article 21 of the Constitution. Hence, the ‘right to life’ including ‘right to live with human dignity’ would mean the existence of such right up to the end of natural life. Pursuing this further, it does not mean that an act of suicide could be slipped into our Penal Code. Hence, it is recommended that Section 309 of IPC is ineffective and must be repealed, once and for all. A person having suicidal ideation needs medical help and not a punishment.

The concern now is not to decide whether suicide must be criminalised or decriminalised. This has been rightly covered by Section 115 of The Mental Healthcare Act. Our prime concern now is how to make our Criminal Justice System more humane. It is correct for the State to decriminalise offences which don’t hold a logical value. But, in addition to this, it is equally important for the State to introduce certain preventive and supportive measures in order to help in controlling it. Like in the case of suicides, the Government must promote the importance of mental health. It must encourage awareness programmes for educating people and to reduce the stigma associated with mental health issues. This will help in preventing suicides. Not only this, the State must provide full support to the survivors by providing proper care, treatment, and rehabilitation.

Lastly, it is not only the duty of State but of its people too, to keep a healthy and safe environment. Every person must take care of their near and dear ones. One must take every precaution possible to help prevent suicides. Moreover, no one has the power to stop a person from suiciding, but, one step towards its prevention or cure can save a life and help in Humanising The Criminal Justice System.

Mental Illness and Justice System

Posted on December 15, 2024 | by Laureen

How are individuals with mental illness approached by law enforcement? Taking calls for service for individuals with serious mental health issues and drug misuse consist of a small portion of police calls, but nevertheless consistent (AMelissa et al., 2018). Dealing with people with serious mental health issues represents roughly about 6-7% of all community contacts (AMelissa et al., 2018). Providing services to the mental health community continues to have exertions on resolution strategies throughout the U.S., while law enforcement tries to create stability between the safety of the public and connections to mental health treatment (AMelissa et al., 2018). Additionally, among the complexities that law enforcement agencies create for assessing people with serious mental health problems is that substance abuse and mental health problems share similar symptoms (Koziarski et al., 2021). Verification of this difficultness can be located in almost each hospital ER where professionally trained psychiatrists oftentimes mistake indications of mental health problems as if they were substance abuse (Koziarski et al., 2021). In this essay we will look at the moral dilemmas between mental illness and the criminal justice system, the costs that are associated with it, and programs that may alleviate the problem.

Moral Dilemmas in Law Enforcement and Mental Illness

The beginning works of criminalization is well provided with examinations in which people with serious mental issues (PSMI) are arrested for demonstrating indications of mental illness (Lurigio, 2011). These encounters between police and people with serious mental issues are often escalated to a more consequential means of breaking the law (Lurigio, 2011). Moreover, there has been no record obtained from studies that have suggested that law enforcement were prejudiced towards people with serious mental issues or purposefully treated them cruelly or disdainfully (Lurigio, 2011). It is merely the opposite, law enforcement occasionally exercised arrest in order to acquire assistance for people suffering from serious mental health issues (Lurigio, 2011). Further, law enforcement would conduct a ‘mercy-hooking’ where they ensure the person who was suffering from a mental illness crisis could acquire what is called ‘three hots and a cot’ in which the person would have three warm meals and a place to sleep (Lurigio, 2011). There are a lot of police jurisdictions where people with serious mental health issues are arrested for the mere fact of being provided with a safe environment until a treatment bed would become accessible (Lurigio, 2011). These types of measures comprise moral dilemmas on what steps to take so that the person experiencing a mental health issue is treated fairly (Lurigio, 2011). Majority of people with serious mental issues who get arrested and normally charged as well as convicted with felonies and processed through the criminal justice system, are the reason for behaving criminally rather than being criminalized (Lurigio, 2011). Common discussions on people with mental issues that are criminalized rarely address the levels of criminality and mental health issues exist at the same time within the same people (Lurigio, 2011).

Alleviating Programs

Majority of law enforcement agencies depend on the traditional law enforcement perspective to mental health linked occurrences with no special intervening (AMelissa et al., 2018). However, this type of approach is coming to a change (AMelissa et al., 2018). According to the National Council for Behavioral Health, a great amount of 10,000 law enforcement officials have been trained in Mental Health First Aid (AMelissa et al., 2018). Moreover, when attempting to increase law enforcement response to people with serious mental issues, these law enforcement agencies have embraced crisis intervention teams, or recently developed the co-responder model (AMelissa et al., 2018). Although there is a sufficient amount of research for crisis intervention teams, there is not much about the co-responder model (AMelissa et al., 2018). Furthermore, there is a shortage of examination and writings accessible assessing the co-responder and the results of it (AMelissa et al., 2018). Additionally, in 2015, there were only 11 peer-reviewed reports that entailed examinations of a combined law enforcement mental health response (AMelissa et al., 2018). The co-responder model was developed in California as early as the 1990s (AMelissa et al., 2018). The first program that paired a police officer with a trained doctor in mental health was the Los Angeles Systemwide Mental Health Assessment Response Team through the Los Angeles Department of Mental Health (AMelissa et al., 2018). What is the co-responder approach? The co-responder approach usually includes a peace officer and a specialist in mental health, in which together they respond to calls for service that are dealing with individuals with mental health issues in crisis (AMelissa et al., 2018). The goal of the co-responder model is designed for both the law enforcement officer and the doctor to bring each of their designated skills to the call, which successfully decreases the necessity for the individual to be sent to the hospital and the need for emergency medical services as well as enhancing divergence of individuals with serious mental issues from the criminal justice system to the mental health system while simultaneously putting a stop to injuries to law enforcement officers and people with mental health issues and increasing interactivity between these two categories (AMelissa et al., 2018).

Conclusion

Techniques In Forensic Science And Their Utility In The Criminal Justice System

Posted on December 15, 2024 | by Laureen

‘Today we see enomorous changes being realized by science. The entire setting of life is changing .As a self evident actuality, glancing back at any rate 50 years with which I have been pretty much concerned and some of you additionally observe that huge changes have been realized mainly by science and innovation. This pace of progress is developing and I have almost certainly that an additional fifty years thus you will see considerably more noteworthy changes not simply in spaces inquires about yet something influencing human life so as to take part right now, should develop yourself in the science and innovation.’

The idea of law is dynamic and not static, so the law likewise changes when society change. The law is the concrete of the general public and the legal executive has the duty of deciphering the law for the more prominent good. The use of science and innovation to the location and examination of wrongdoing and examination of wrongdoing and organization of equity isn’t new to India. Inspite of this numerous individuals don’t know from the way that science assumes a significant job in the recognizable proof of wrongdoing and hoodlums. The region of its activity is very wide and extensive .In its application to the organization of law, it is known as ‘Legal Science’. Prior it was criminological medication, which previously went to the field of the science in all things considered as clinical man’s supposition has been looked for all through the ages to discover the reason for death of an individual both if there should arise an occurrence of regular or of unnatural demise.

The region of legal science is changing quick by the new advancements and techniques. These days utilization of DNA tests, superior fluid chromatography, mass spectrometry, 3-D PC imaging, and other advanced advances are utilized by researchers to remake the offense and the accident. The advanced scientific science can separate follow component and natural materials down to the degree of simply two or three hundred molecules.

Given the affectability of the instruments, legal researchers require clinging to thorough systems and models to verify that their result are legitimate and trustworthy and can withstand investigation in the official courtrooms and the network. The ongoing legal sciences can encourage to uncover disguised offense, convict the liable and vindicate the guiltless on the off chance that it practices with care. At present, multifaceted science assumes a significant job in perceiving sufferers of offense, incident, disaster, and battle which gives confirmation, end, and powerful help for dispossessed’s survivors.

The quality of our criminal equity framework is the mindful search for the real world. Our system of request, rules of criminal technique and investigative method are generally intended to verify that the mindful are rebuffed while the guiltless are secured. Be that as it may, while our own is a framework to be valued, it’s anything but a perfect framework, and those accused of the organization of equity have an obligation to look for its proceeded with progress.

Science and law, two particular callings have increasingly more become mixed together, for ensuring a reasonable technique and to see that equity is finished. These days the legitimate framework needs to agreement with new logical evidence on numerous occasions, which has presented significant difficulties for the law. At essential level, a large number of these difficulties happen from key contrasts between the logical and legitimate strategy. The pickles are plainly obvious. On one hand, logical verification holds out the charming possibility of immensely exact certainty finding and a reduction in the uncertainty that every now and again goes with lawful dynamic. At the same time, logical procedures regularly contain dangers of uncertainty which the lawful framework is reluctant to bear.

Furthermore, at each occasion, logical evidence assessment of the capacity of judges and legal counselors, every one of whom may come up short on the logical capability to comprehend the verification and assess it in a casual way. Legal advisors must put forth attempts to comprehend the trouble of logical examination and articulations on the off chance that they are to completely grasp testing strategies and results, and their effect in the legitimate field. One present day advancement in established researchers that has had a generous and practically entrancing effect on the legitimate calling is the improvement of falsehood recognition and Narco-Analysis in criminal cases.

Generally, criminological science is the use of science to discover the appropriate response which required by the legitimate framework. These answers may identify with common or criminal activities. At present it is additionally particularly related with logical field. Legal science which is utilized to respond to criminal inquiry furnishes answer however the examination with, controlled substance, organic confirmation a guns that might be found at the site of the offense. In Addition to this, with the assistance of follow evidence and impression verification like fingerprints, tire tracks and footwear impressions and all other confirmation that might be found in a scene of offense, the necessary responses for criminal assessment can be found with the assistance criminological science.

The confirmation found on the site of the offense is for the most part delivered in the wrongdoing research facility and it is this part of measurable science that is utilized in the media and appeared in fiction stories and projects. Other than this, criminological science has different orders. It is utilized for settling debates as in measurable bookkeeping which is the investigation and comprehension of bookkeeping proof. At the point when one talks about scientific financial matters, it identifies with the part of measurable science which contemplates monetary harm that prompts the passing of a business, family administrations or business profits.

In measurable building, one would have the option to discover the reason for the disappointment of a gadget or structure. Then again, measurable human sciences is a part of scientific science which helps in the acknowledgment and recuperation of any skeletonized human remains. At the point when the lawful framework needs etymological skill, criminological semantic is for the most part depended on. Odontology is the part of criminological science which manages the investigation of teeth.

An extra part of scientific science is legal photography, in which the precise multiplication of a wrongdoing scene to be introduced to a courtroom is included. Criminological brain research and psychiatry are mulled over by the courtroom for giving human conduct in legitimate issue. Legal science in which the impact of medications and toxin on an individual is managed is known as toxicology.

In the field of entomology, one discovers the result of creepy crawlies found in, close by human stays with the assistance of this, it is plausible to discover the area of death and time of death and if the body was moved after death, the area of spot. So it very well may be seen that criminological science assumes a compelling job in fathoming the confounded and unsolved cases.

From the days of yore wrongdoing has been a piece of human culture. The necessity of law and different sorts of enactments was felt when wrongdoing began the very presence of the human culture. There are different sorts of laws and guideline which battle against the wrongdoings in the general public. Wrongdoing is both social and monetary wonder, by which entire human culture gets bothered. The idea of the wrongdoing has been additionally changing and expanding with the development and advancement of the general public. By and by, the watchman of law took the assistance from numerous strategies and progression of science for battling against wrongdoing. Numerous headway have occurred in the field of measurable science which has been invited in the criminal examination. Some of such progressions are examined beneath in short. In any case, any inconsistencies that may have sneaked in are regretted.

It tends to be said that wrongdoing was available from days of yore. Similarly, the examination and identification of wrongdoing is additionally very old. With the progression of science and innovation, the hoodlums have received new strategies and methods for perpetrating offense, however science likewise helped the researching experts in their endeavors to discover the crooks or genuine offenders .The Forensic Science is one of cutting edge systems utilized in perceiving violations and lawbreakers .It is extremely testing, beguiling, dynamic, and leaving science. The use of advance science which grasps all foundation like Chemistry, Ballistic, photography, Physics, Brain Fingerprinting, Toxicology, Narcotics, DNA Profiling, Narco-Analysis, Biology, and so forth in criminal law is usually comprehended as the measurable science in the field of law.

Overview Of Criminal Justice System And Explaining Imprisonment

Posted on December 15, 2024 | by Laureen

The purpose of this essay is to explore the criminal justice system and its operations as well as dissect a chosen agency from within the CJS, considering the many thriving, hopeful developments that have been made in this field as well as the scrutiny of some decisions made and thus discussing where clear areas of improvement may lie. The agency chosen is imprisonment, this process sees a gap in research, proving many positives right as well as leaving much room for further development.

The penal system can be broadly described as a system that delivers official punishment to those who have broken the law. The penal system exists primarily to punish those found guilty of crimes and is part of a larger entity known as the criminal justice system. The criminal justice system can be seen as a regulated body which responds officially to all commissions of offences (Cavadino, et al., 2013).

The criminal justice system is comprised of many different legal and legislative bodies, which all stem from the body responsible for the passing and repeal of law as well as the scrutiny of government proposals where deemed necessary, this body is known as Parliament. Within Parliament there are two houses, the House of Commons and the House of Lords which both see the discussion of proposals and activities in relation to crime and criminal justice. Dissecting the broad term of government, shows us that there are three main government departments that are relevant when it comes to crime and justice. The Home Office is a significant department, holding much responsibility when it comes to the police, prisons and probation. The Minister of Justice was appointed in May 2007 and this role sees the responsibility of the Magistrates Courts, Crown Courts, Appeal Courts and the Legal Services Commission. The Attorney General is the final significant contribute to governmental processes and they are seen as the chief legal adviser to the government and as someone who oversees all branching responsibility of the Solicitors Department (Newburn, 2017).

(Hucklesby & Wahidin, 2009) believe that the criminal justice system in Northern Ireland is presented as a dual system of criminal justice, one system dealing with ‘ordinary’ criminality and the other system dealing with those offences deemed as terrorist by the State however, it is believed that both systems had political motivation which stemmed from the Catholic community in Northern Ireland. The signing of the Good Friday Agreement 1998 seen the reform of much of the criminal justice system and despite Northern Ireland making slow progress in relation to the peace process, this was a major influencing factor in pushing NI to reach peace. Following the signing of the Good Friday Agreement, NI became a region of devolved administration within the UK with much power being transferred to the Northern Ireland Assembly.

Delving into the work of the criminal justice system and studying the many specific agencies involved, shows us both the development and progress as well as the mistakes and failings of crime and criminal justice through imprisonment. Through identifying the mistakes and failings of imprisonment, shows us that without mistakes and failings, improvements and developments could not have been made and that is why both the positive aspects of the system and the not so positive, are both vitally important.

There are six distinctive aims of imprisonment which are used by authorities when imposing a sentence of imprisonment. Rehabilitation is one aim and this aim implies that prisons should allow offenders to develop skills to aid reintegration into society. (Hale, et al., 2009) found that there has been much development of rehabilitation through programmes in prisons in recent years to address ‘criminogenic needs’ of prisoners. Under the ‘Making Prisons Work’ programme introduced by the Government, there has been much positive development in relation to drug use and violence as well as education and training programmes and despite critics arguing that the primary purpose of imprisonment militates against rehabilitation, the programme has thought to have been successful. (Joyce, 2006) found that while there was much opportunity for rehabilitation, it was at the discretion of the offender whether or not they availed themselves of the services, with reform being primarily subject to the offender’s determination, it was very much so a personal decision.

Looking back on past centuries, it is important to recognise the major changes that have occurred. The 1960’s seen a security crisis and the official response to the security crisis had a detrimental effect on the prison system ever since. It is important to note that during this period of time, security was not seen as a priority by authorities and many high-risk prisoners escaped which seen the Prison Service catapult security to the top of their agenda. Inquiries took place investigating the escape of two of the prisoners and as a result, The Home Office 1995 introduced two policy changes, the introduction of the security classification for prisoners and prisons and the introduction of a dispersal policy, which both still stand today. This shows that despite many mistakes in previous centuries, it has strengthened the criminal justice system in the long run by implementing policies which are still vital in the criminal justice system today. Following on from the 1960’s, The May Report 1979 seen the reduced faith in the rehabilitation welfare approach as well as continued prison overcrowding. Progressing through the centuries, the 1980’s seen the prison population continue to grow and major disturbances take place. While it seems throughout these centuries, the prison service was all negative, there was much positive taken from it. The May Report seen a massive building and refurbishment programme starting at £1.3 million and the 1980’s seen the government introduce alternative means of limiting prison population such as bail schemes, time limits for cases being brought to trial and increased provision of community sentences.

There is often a highlight reel placed on the range of issues raising concerns when it comes to prisons. Public concern is a major issue, with those taking a stand protesting the cost of prisons are far too high, with one night in prison totalling £158. The management of prisons came into question after the death of Colin Bell. Colin died due to staff lying in bed and watching tv on shift rather than keeping a close high on vulnerable prisoners. There was an increased concern in relation to the rates of mental health, self-harm and suicide and this was all primarily put down to the overcrowding of prisoners and the lack of prisoner officers and staff members. In September 2016-2017 there was a total of 42,837 self-injury incidents and 295 deaths, statistics that are far too high. The problem that arose when authorities attempted to act on these problems was outlined by the Prison Review Team 2011 whereby, they stated ‘politicians literally cannot afford to stand over a system which is wasteful of public money and fails to deliver a safer society’. The same report set out much scope for improvement among prisons and their developing staff as a result of their public view of the current conditions of much of our prisons. New proposals included agreeing more flexible and efficient working practices to replace practices and agreements that have accrued over time and the need to address over-staffing and anomalies in general management and support roles.

As part of the research carried out, a report was found whereby an ex prisoner was asked a variety of questions about his time inside the prisoner. The former prisoner Dr Andy Aresti, now a lecturer at the University of Westminster was interviewed and give honest responses about his time inside. One question asked read ‘I would now like to turn attention to your experiences of studying in higher education. I believe you started an access course while you were in prison, was the prison administration supportive in your ambitions?’ to which Dr Aresti responded ‘It was, definitely. I remember a few staff who were really supportive. They helped me with the application and the funding. The staff were generally always positive, trying to help you reintegrate and help you to shift from being involved in crime to getting a job’. (Dr Sacha Darke, 2015). This shows that there is good in prisons, despite the mass media portraying prisons as negative a lot of the time and that with extensive research, it is easy to see that there has been much positive progression within the system of imprisonment while the media and the internet often only portray the bad.

In conclusion, there is much stigma attached to prisons and their failings however, the many improvements that have been made and the positives that have been taken from the mistakes made, majorly outweigh the wrongdoings of the prison service and it is important to recognise this. Within the last two years, the number of prison officers increased by 23%, as well as receiving a 2.2% pay rise in 2019/20 (Institute For Government , 2019). This shows the continuous hard work of authorities in bettering the prison service, which is something that should be recognised.

Essay on Goals of the Criminal Justice System

Posted on December 15, 2024 | by Laureen

The Criminal Justice system aims to protect the innocent and give suspect judgment. Criminal Justice has two goals which are the primary goals and the secondary goals, The Primary goal is to maintain peace and order example of this is we become reassured, just like when we go home at night because we know there are police patrolling around to stop the offenders, we have peace of mind. The protection of members of society we are more secure when we know there are police around and the people are assured that they are there to avoid criminality. For the Secondary goal we have Crime Prevention, we had the motto of the police ‘ Prevention is Better Than Cure’ as far as possible no crime will occur, we have these 3 elements of Crime capacity, opportunity, and the desire this should not be formed at one of a time.

Police must always be alert to authorize and guard people so that the person does not have the opportunity to commit the crime, and desire and capability are in the person himself or the offender, as long as the crime can be prevented. The review of the legality of preventive and suppressive measures, if crime cannot be stopped the savior will come in now and it is the law enforcers, who will stop the example of the crime during Duterte’s war on drugs, here they have something called Ophlan taking where they go to a house and knock on the door and to subdue the suspects involved in drugs. There were times during the term of Duterte year when people were using illicit drugs or driving drugs, there were or most of the people resisted here that entered the suppressive measure where the killing of the resistor will now review the legality of their operation dito na ngayon pumapasok yung court, The court will review the legality if what the police did to the suspect was correct based on the evidence that will be presented to the court. Judicial Determination of guilt or innocence of those apprehended, when a person is found guilty, he will be sentenced and if he is innocent, he will be released.

The proper proposition of those who have been legally found guilty may be inside the bars or prison and outside the bars or prison. Papasok na dito ang correction by socially approved means of the behavior of those who violated the Criminal Laws, correctional treatments that are approved, those who violate the UN declaration of human rights are not allowed, they are not allowed to violate the rules example, your warden or police you don’t have the right to be beaten because you just want to. Ang’s goal in the criminal justice system is to correct those who made a mistake or committed a crime and who were convicted by the court for release from prison, returning to the community he will become a Law-Abiding citizen of our town. Ang panghuli ay ang tinatawag na Suppression of Criminal conduct by apprehending offenders for whom if the prevention of the violator does not work, then Suppression will enter, na kung saan kung hIndi makuha sa santong dasalan, kukunin ito sa santong paspasan, if we can’t prevent it, let’s suppress it.

Techniques In Forensic Science And Their Utility In The Criminal Justice System

Posted on December 5, 2024 | by Laureen

Overview Of Criminal Justice System And Explaining Imprisonment

Posted on December 5, 2024 | by Laureen

Essay on Goals of the Criminal Justice System

Posted on December 5, 2024 | by Laureen

Factors Influencing Criminal Justice Personnel Behavior

Posted on December 5, 2024 | by Laureen

Discretion still today stands as our liberty to choose by what means a situation ought to be handled inside our criminal justice system. Discretion as we know it should give some sort of check and balance within the criminal justice system. The law has been pinned out precise and plainly as to what crime is and its penalties. When one look at the discretionary nature of the matter even though the move on control is one of their rewards, you would have to also consider the misuse of that discretion because it has the ability to truly destabilize the purposes of the law giving and harm community self-confidence in policing. The Thomson Reuters (2011)

For sure there is an importants that should be implemented so that the discretion can be accurately accomplished in relations of being sensible, authentic, honorable and reliable. This managing will only come about with sufficient preparation, strong rules and national consciousness. Some of the chief apprehensions of these public groups were upon the overview and delayed geographic development of the move on controls which was their possible opposing influence on a number of deprived groups like that of young people, homelessness and indigeneity people. It was through the reviewing that supported those concerns. It is a fact that young people and indigeneity people are expressively more likely to experience being moved on than any other group. The Thomson Reuters (2011)

We can also see signs that would support a plea to re emphasis the necessity to use casual methods to sidetrack people from the justice system, mainly in the setting of policing adolescents. Even though we contemplate that the police ought to maintain the move on controls, there is the concern by some of those conclusions and the absence of suitable direction providing operating police for the use of the move on controls, specifically in the exercising of discretion. There are a number of recommended operational changes and operational changes that would address some of those concerns. Of course there is a need to make known more rules on how police ought to exercise discretion, confirming the authentic space for discretion, in a variety of regions. Yes, in doing so this would simplify the steady or equal treatment of people and so improve a sense of justice, and apparent lawfulness of the police. The Thomson Reuters (2011)

The structure of a civilian oversight body certainly should model the needs of the community. But for that to succeed, civilian oversight should be approached as a partnership. It should focus not only on the agenda of the community, or politicians, or of law enforcement and its unions, or of activist groups. Such a partnership, within a structure of independence, would establish an impartiality that would garner greater respect and legitimacy from each group so that recommendations for reforms are not viewed as biased. The ‘Civilian Oversight’s Important Role in Police Reform – Governing (2016)

The argument in this paper will cover what role does a citizen misunderstanding group require in guaranteeing authoritative powers are not mistreated as it applies to (policies, procedures, liability, economic factors, and discretion)? Something can be done to help remove the pervasive ‘us-versus-them’ approach within minority groups and foster a better police-community relationship that we need more than ever? One crucial part of the answer would be that of the citizen misunderstanding of law enforcements. Efforts to carry out or increase the influences of citizens misunderstanding typically encounter strong confrontation. The ‘Civilian Oversight’s Important Role in Police Reform – Governing (2016)

What role does a civilian oversight committee have in ensuring authoritative powers are not abused as it applies to

Policies

Oversight agencies can help increase the public’s understanding of law enforcement policies and procedures. Oversight agencies can improve department policies and procedures. Policy recommendations can prevent issues by identifying areas of concern and subsequently offering options to improve policing. The ‘What Are the Benefits of Police Oversight? – National “(2016)

Procedures

Oversight organizations can improve department guidelines and procedures. Procedure recommendations can avert matters by detecting areas of apprehension and then proposing alternatives to improving policing. The ‘What Are the Benefits of Police Oversight? – National ‘(2016)

Liability

Oversights can assistance in holding the police or sheriff’s department liable for officer’s actions. Oversight organizations can help a jurisdiction in accountability managing and decrease the probability of expensive lawsuit by recognizing difficulties and offering remedial actions before a claim is filed. The ‘What Are the Benefits of Police Oversight? – National “(2016)

Economic factors

Discretion

With all that has been shown here certainly has let us know that we have a right as a people to live free and be safe anywhere general population permit and not be afraid, not in our homes, on our jobs, this tells us that we don’t have to worry about our personal property being search without having the right to come in and do unnecessary searches, none of those things can be violated, unless they have explicit probable cause to do so. Now if probable cause is warranted, than and only then this would have to be follow up with community statements must be taken, the area in which the seize or investigation was being done must be clearly designate. The ‘What Are the Benefits of Police Oversight? – National “(2016)

No persons can be apprehended to answer for a capital, or otherwise disreputable crime, except on an act of presenting something, or the way in which something is presented in the court of law or to the grand jury. This is also good because there is no danger of any double jeopardy; involved meaning there’s no danger for the same offense twice simply putting it. The role of a civilian oversight committee has so many good things going for it, and at the same time one does not have to worry about unlawful cases where myself or anybody else would be eyewitness against, you won’t be allow to testify against your own self without due course of the law. Short of just recompense neither shall private belongings be earmarked for public use. The ‘What Are the Benefits Of Police Oversight? – National ‘(2016)

Conclusion

There is so much more to reveal about and determine about all the laws in Criminal Justice. Ethics is the very essence when it comes down to the perilous areas of the criminal justice system because the police are more than ever under constant assessment. We do know that sociological and mental failure can have a moral influence and dishonest actions. Dishonest actions do bring about calculating decision-making practices to misuse one’s authority despite the fact that you are standing in the trust of people. And yet it all cannot be blamed on the police because there are those who break the law who has to take accountability for what they are doing and how they do, so it is the taking into consideration the force that the public plays in how we defend, and give reason for those bad behaviors.

No doubt there have been some ethical morals that have been learned in criminal justice since the killing of Philandro Castile, and Alton Sterling, along with others during the year of 2016 incidents. There is differently a need for ethical problems to be dealt with Whereas qualitative and ethical literature are imperative to our knowledge of morals in criminal justice, there is also a demand for further research of a quantifiable nature. With more research of morals and moral problems faced by police, the influence to better comprehend the changing aspects that force a police officer into the dark side of policing and the causes that serve to excuse misbehavior.

It is beneficial to take into consideration the key domains that affect community trust and self-reliance in the criminal justice system, when it comes to the influencing of the criminal justice personnel behavior. Let me point out three things that should always be taken into account. Behavior and practices of the criminal justice system, you then have the changing of morals and expect standards of the society to help aid the system. Then you have the pictures of the system that would be accessible because there in an electronic media. It is the understanding that each of these areas can impact each one. The only way all three of those things will work there has to be an aligning of those three things to take place. There must be a creating of a more decent, democratic practice and standards. In bringing this about it would advocate that fairness has to shape trust in the criminal justice system which will also build trust that will shape conformity with the law. Fair is to be effective and being effective is to be necessary to be fair.

Reference

Civilian Oversight’s Important Role in Police Reform – Governing (2016) Retrieved from https://www.governing.com gov-institute voices col-civilian-oversight
Thomson Reuters, (2011) Understanding discretion in modern policing – Thomson Reuters. Retrieved from http://Thomson Reuters au sites journals files 2011/12 Criminal…
What are the benefits of police oversight? – National (2016) Retrieved from http://Search Results Web results National Association for Civilian Oversight of Law Enforcement ben…

Injustice in The New York City Criminal Justice System: Analysis of Broken Windows Policing and New York City Criminal Court

Posted on December 5, 2024 | by Laureen

Introduction

Racial inequality in the New York City Criminal Courts, only exacerbates and help metastasize the mass incarceration epidemic in the United States. Instead of protecting the rights of the accused, New York City Criminal Court is an institution of injustice, marked by assembly justice, a lack of due process and racial bias. One of the topics discussed is how “Stop and Frisk” has also played a key role; It have made a negative impact in our society based on the inflation of the incarceration rate.

Crime rates will continue to increase because felons have restricted rights and minimum resources. This will continue to cause civil unrest between minorities living in poverty. During my research the following question came to mind; Do racial disparities play a part in the New York City Criminal Courts system? Is this the cause of recidivism in New York City communities?

Background

New York City Criminal Court has preliminary jurisdiction over all arrests made in New York City’s five boroughs (Barry and Lindsay, 2016). It has trial jurisdiction over misdemeanor, and petty offenses where the defendant faces less than one year in jail if convicted. Petty offenses include: misdemeanors, violations, infractions and DAT (Desk Appearance Ticket) arraignments. Although New York City Criminal Court has Preliminary Jurisdiction a district attorney can motion for a case to seek an indictment before a grand jury (Barry and Lindsey,2016).

If successful, the case is transferred to Supreme Court. In New York City’s Criminal Court; there are 107 appointed judges assigned to the Criminal Term of the Supreme Court that handle felony cases (Barry and Lindsay, 2016). In 2015, New York City Criminal Court processed a total of 1,040,446 cases (Barry and Lindsay,2016). However, only 315,760 cases were brought to final disposition and 1,143 trials commenced (Barry and Lindsay, 2016).

Broken Windows Policing and New York City Criminal Court

Broken windows policing: is a strategy of policing practiced since the mid-1990’s, whereby quality of life crimes are vigorously prosecuted by NYPD and the Court. This policy in recent years have shown to be problematic. Mayor Giuliani advocated for reclaiming the public spaces of New York and zero tolerance on low level offenses (Zeidman, 2015). Black and Hispanic are more inclined to be racially profiled than any other race (Zeidman, 2015). With heavy policing on quality of life crimes such as; panhandling, public urination, and drinking in public misdemeanor offenses have soared.

A 2014 report by John Jay College of Criminal Justice revealed that broken windows policing led to a 200% increase in misdemeanor arrests since 1980 (Chauhan, Fera, Welsh, Balazon, & Misshula, 2014). Alarmingly, felony arrests such as murder had a lower rate of 46.9 % (Chauhan et al., 2014). From 1980 to 2013 misdemeanor arrests proliferated through time, however declined in 2010 significantly by a small margin (Gothamist, 2014). Desk Appearance Tickets were used to apprehend and charge an individual with misdemeanors in which NYPD Commissioner Bratton solely depended on (Gothamist, 2014).

The Police Reform Organizing Project surveyed 191 misdemeanor cases in Brooklyn, Manhattan, and Queens. The longest case observed lasted 10 minutes and 37 seconds whereas the shortest case lasted on 7 seconds (Gothamist, 2014).

Stop and Frisk

Stop and Frisk: is an investigatory stop commenced by a police officer based on reasonable suspicion (Zeidman, 2013). During this procedure; police officers are authorized to search or frisk an individual if there is reason to believe there is a weapon in possession (Zeidman, 2013). Nonetheless, an act of a warrantless arrest; this is often practiced as a form of interrogation (Zeidman, 2013). With a heighten presence in police patrol, African Americans are often targeted in poor minority neighborhoods. Young minorities feel humiliated from the experience and do not support the intrusive policy (Zeidman, 2016). On the contrary, police officers are contentious and want to supersede probable cause strictures (Zeidman, 2016).

Methodology

Not all research requires the collection of new data. Sometimes researchers use existing data sources, such as research and data collected by others. Data most widely used by researchers is gathered by government agencies such as the U.S. Census Bureau, State Agencies and local units of governments. This paper draws on the small body of scholarly literature on New York City Criminal Court. For purposes of this preliminary research assignment an extensive review was conducted.

Specifically, it uses information from law review and journal articles to inform its findings. In addition, it is based on primary data collected during 90 minutes of courtroom observation conducted on conducted on October 7th 2016, at the Criminal Court located in Brooklyn, NY. During courtroom observation, data regarding defendants’ approximate age, race, the offense and disposition were collected on 8 cases.

Collateral Consequences

Stop and Frisk have been used as a crutch to charge the defendant with a low-level offense to use as a way to seek charges on more serious felonious crimes. This cause and effect has Collateral consequences in the long run. Collateral consequences are laws and policies that restrict prior felons from adjusting to the norms of society. These laws and policies can impede the individual social structure and economic advancement. When the “War on Drugs” was implemented (Pinard 2010, p.1214) in 1980, it led to record numbers of incarceration. Once a felon is paroled back into society he is admitted into a reentry program, however resources are limited. These resources do not include obtaining employment – related licenses or federal welfare benefits (Pinard 2010, p.1214). African American men with prior felonies are on the same scale as former slaves.

Prior offenders are also barred from jury service, military service, and voting disenfranchisement (Pinard 2010, p.1214). If an individual cannot vote, receive benefits, education, or a job then history is destined to repeat itself. This will only fuel an ex- felon to repeat offend. Pinard (2010) compares this to “civil death” a phenomenon that occurred in England during the colonial period (p.1214). The United States borrowed this form of punishment until the 1960’s (Pinard 2010, p.1216). In the twentieth century, the rehabilitation model was created to reform criminal behavior. It was believed that this model can transform an individual to live a productive life as a law –abiding citizen (Pinard 2010, 1216). When the Rehabilitation Era ended in 1970 (Pinard 2010) there was an increase of incarceration rates from 1980 to 2005. This dilemma occurred once the “tough on crime movement emerged (p.1217-1218).

Federal Legislation wanted to reduce recidivism by improving reentry programs and provide employment opportunities (Pinard 2010 p. 1219). Many legal organizations recognized how this invisible system needed to be reformed. In the criminal justice system, collateral consequences are considered as civil penalties not criminal (Pinard 2010, p. 1215). The American Bar Association revealed that collateral consequences effected juveniles the same way as adult offenders. The Juvenile Collateral Consequences Project; created by The American Bar

Association obtained these results of collateral consequences to the juvenile adjudications throughout the U.S. (Pinard 2010, p.1221). In 2006, The New York State Bar Association’s Special Committee on Collateral Consequences of Criminal Proceedings recommended that judges, prosecutors, and attorneys be provided training on collateral consequences.

They believe the defendant should be made aware of these consequences before sentencing or legal proceedings such as plea deals or guilty pleas are issued (Pinard 2010, p.1221). The American Bar Association suggest that under certain circumstances the judge should use their discretion where deem appropriate (Pinard 2010, p.1221). They believe criminal conduct should be taken in careful consideration and judgment should be tailored to the offender before a verdict is made (Pinard 2010, p.1223). This act came into law in 2009 and is known today as the Uniform Collateral Consequences of Conviction Act (Pinard 2010, p.1222). Legislatives created this law to ensure the individual gains a better perspective and relief from legal disabilities.

Pinard (2010) argues that the criminal justice system has enough power or can “bend a little” by granting some leniency towards an individual with a criminal record. If given this opportunity prior felons could live productively (p.1224). Pinard (2010) concluded that the criminal justice system should be held in accountable for the impact that reentry issues has on felons who are trying to adjust back into society. Not only is the individual affected but their families and communities are impacted as well (p.1224). If reentry can be reformed it would give the individual a better outlook on life and become a productive member of society (Pinard 2010, p.1224).

Lack of Due Process

Only .0006% of defendant cases are granted due process and have their cases heard before a judge (Zeidman, pg. 3). Defendants are left without proper council and do not understand the charges they are being held accountable for (Zeidman, pg.3). The Police Reform Organizing Project surveyed 191 misdemeanor cases in Brooklyn, Manhattan, and Queens. The longest case observed lasted 10 minutes and 37 seconds whereas the shortest case lasted only 7 seconds (Gothamist, 2014). New York City Criminal Court illustrates the kind of assembly line justice that criminal law scholars refer to as, “meet ‘em, greet ‘em and plead ‘em” (Zeidman, 2015, p. 3).

Racial Disparities

Research shows that incarceration has a more negative impact against African American men than Caucasian men. Since poor urban neighborhoods are targeted; it creates a disadvantage for young black men (Freeman 1996; Irwin and Austin 1997). Evidence shows incarceration is linked to low wages, unemployment, family instability, recidivism, and restrictions on political and social rights (Western, Kling and Weiman 2000; Hagan and Dinovitzer 1999; Sampson and Laub 1993; Uggen and Manza 2002; Hirsch et al. 2002).

With very little resources this puts minorities more at risk to commit a crime and hence maintain the ongoing cycle of recidivism. Racial disparity in imprisonment is attributed to high black crime rates for imprisonable offenses (Tonry 1995, 79). According to a panel study called NLSY it indicates that black men with low education increased state prison population from 1974-1997. Since Hispanics and Blacks share a large quantity of the prison population, White men incarcerated in prison continues to decline (Pettit, Becky; Western, Bruce 2004). The NLSY chart shows that incarceration rates in prison, decreased between minorities with a higher education than minorities without any education.

The percentage of minorities incarcerated doubled from 1974 and 1999 (Pettit, Becky; Western, Bruce 2004). In 2001, the imprisonment rate surpassed the historic average of 100 per 100,000 to 472 per 100,000 of the resident population study shows (Pettit, Becky; Western, Bruce 2004). Large populations of drug related crime offenders are inadvertently responsible for the U.S. prison boom. With strict drug control polices enforced; a widespread of street sweeps, undercover operations, and aggressive policing increased the rates of arrest (Pettit, Becky; Western, Bruce 2004). Criminal sociologists argued that incarceration can also have a life changing effect on minorities’ perspectives. Criminal desistance is more likely for minorities who have unsuccessfully managed to meet the normal expectations of adulthood (Pettit, Becky; Western, Bruce 2004).

The life course approach challenges the idea that patterns of offending are determined chiefly by stable propensities to crime, that vary little over time, but greatly across individuals (Uggen and Wakefield 2003). Racial threat theories suggest that there is differential treatment in highly populated states by whites (Pettit, Becky; Western, Bruce 2004). Poor minorities are a threat to social structures of society therefore attracts the disproportionate attention of authorities (Pettit, Becky; Western, Bruce 2004). This article proves that the racial-caste system is fueled by minorities that are at a disadvantage. The future of the broken window policing will only keep minorities at an economic disadvantage.

There is very little evidence that shows aggressive policing works. Urban ethnographers argued that increased imprisonment among minorities only drew young black men to commit crimes; such as illegal drug trades because of their criminal history and the collapse of low-skill labor markets (Pettit, Becky; Western, Bruce 2004). Social disintegration in black communities is also associated. The prison boom revamps the lives of many minorities which sends them down a spiral path of ongoing destruction (Pettit, Becky; Western, Bruce 2004). Having a prison record confers a persistent status that significantly influences trajectories (Pettit, Becky; Western, Bruce 2004).

Policy Recommendations

A few policy recommendations I would suggest is that when police officers are conducting a search or seizure body cameras should be wore at all times. This will guarantee officers are monitored, the search will be recorded and documented. First time offenders who commit low level crimes should be counseled, and trained to be better law abiding citizens. This would allow the offenders a second chance to redeem themselves. After 4 misdemeanors, the offense should be charged as a felony. This would educate and probably discourage them from making unlawful acts. Police officers should be annually trained on when to make an arrest, when its considered unlawful, and when to use discretion when making an arrest during “Stop and frisk”. If police officers make unnecessary arrest, they should be penalized for it. Due process should be mandatory in court and enforced. If not reinforced, anyone on the case should be held accountable.

Works Cited

American Sociological Review, 69(2), 151-169, Apr 2004 Pettit, B., & Western, B. Retrieved from http://search.proquest.com/docview/218798956?accountid=11946
Barry, J. and Lindsay, L. (2016). New York City Criminal Court: 2015 annual report. Office of the Chief Clerk of New York City Criminal Court. New York: New York
Chauhan, P., Fera, A.G., Welsh, M.B., Balazon, E., & Misshula, E. with an Introduction by Jeremy Travis. (2014, October). Trends in misdemeanor arrest rates in New York. Report Presented to the Citizens Crime Commission. New York: New York
No Equal and Exact Justice | Monitoring report – Police Reform Organizing Project (PROP). (2016, March 31). Retrieved from http://www.policereformorganizingproject.org/no-equal-and-exact-justice-a-prop-court-monitoring-report/
The Journal of Criminal Law and Criminology (1973- ), 100(3, Centennial Symposium: A Century of Criminal Justice), 1213-1224. Summer 2010, Retrieved from http://www.jstor.org/stable/10.2307/25766119?ref=no route:0e7deca0aee12c4cdf08dfcf5bf7944
Zeidman, S. (2015). Due process and the failure of Criminal Court. Fordham Urban Law Journal, vol. XLII, 1-4.