The Deterrence theory can be considered the most effective in landlord accountability programs as the warning of punishment may prevent people from committing the crime and decrease the probability or level of offending in society. Punishment affects people to respect the rules and obligations. The theory makes offenders reflect on their actions taking into account the possible outcomes for them. For instance, as long as criminals are informed of the likelihood of a fine, they can compare the benefits and drawbacks of committing the crime. Another view of the modern states criminal policy is that a carefully calculated punishment should be invented for each offense to compensate for its consequences. It should be assumed that the deterrent effect depends on the level of discipline the more severe the punishment, the better the law is enforced. Penalties are mainly related to the sentencing system; they have a preventive effect on crime.
The theory of social disorganization
The theory of social disorganization provides an explanation of crime at the social level, making the psychology of the criminal dependent on societys processes of functioning as a whole. The growth of crime is the negative consequences of such phenomena of the modern stage of societys development as the scientific and technological revolution, the processes of urbanization, population migration, and the medias development. Delinquency decreases with distance from the center and industrial areas; the lowest in residential urban areas, petty property crimes may be concentrated near the criminals residence, while more severe property crimes are committed at some distance from it. Criminal behavior, like any other, is learned from those with whom they have a closer connection. The basis of this learning mechanism is the imitation of ones actions, who is the adolescents authority. A persons specific behavior patterns depending on the degree of the connection with a particular person or a group. When dealing primarily with criminals, the individual is more likely to become a criminal, communicating with law-abiding persons, called differentiated communication. In low areas affected by crime, it is much easier to become a criminal: learn the appropriate techniques, find accomplices.
The Reintegrative Shaming theory
According to the Reintegrative Shaming theory, guilt lies at the base of the social regulation of crime against a person or property. Conversely, instilling a sense of reintegrative shame can become a force shaping society. The concept interpretation is based on the message that the crime should be condemned, not the criminal. It involves a procedure or ceremony of forgiveness, through which the deviant is reunited with a society of law-abiding citizens. The most potent manifestation of reintegrative shame is the perpetrators condemnation of the crime, with an appropriate apology to the victim. Criminal obtains the possibility to break with the past, the right to start life is granted only to the criminal who expressed sincere remorse for his crime, apologized to the victim, and repaired the damage caused by him. The repressive institutions of the state, such as police, courts, and the structures of civil society, in this case, Ak-Chin Tribal Council, are the key agents of socialization and social control. They, relying on reintegrative shame installation, can be very useful in confronting violence and crime.
Environmental criminology
In contrast to traditional theories, environmental criminology does not try to identify the underlying causes of crime to explain why a person becomes a criminal. It focuses its research resources on analyzing patterns of motivation, opportunities conducive to crime. Concerning undocumented immigrants, the factors that deter crime are the vulnerability of and fear of deportation. The theory also considers the possibilities of ensuring the safety and protection of victims available at the time of the crime, studying the environment in which the crimes events take place. About the implementation of the Immigrant Community Outreach Program, environmental criminology limits the subject of its study to the time of the offense. It identifies common patterns of behavior and environmental factors associated with these models that can prevent or, conversely, contribute to the attackers intentions. It is concerned with a situational approach in criminology and crime analysis.
No police academy course is complete without the lesson on policing principles established by Robert Peele. As Britains Home Secretary and Prime Minister, he was one of the most influential people in 19th century England. His work focused on working-class issues, social reforms, and criminal law. Most notably, Robert Peele created the Metropolitan Police based on his own nine principles of policing (Nazemi, n.d.).
This guide is centered around the idea of policing by consent. This notion has been very influential as police officers started to be regarded as citizens equal in their standing to other people. They exercise their powers legitimately only with the implicit consent of the citizens they are required to serve. Thus, it is evident that the value of such an approach has been tremendous. Policing became a legitimate practice in the eyes of the public. In addition, ordinary citizens now had the right to keep policemen accountable, which maximized integrity and transparency.
The focus of Peelian principles is on preventing crime and not necessarily catching criminals in the act. As a result, integrating such standards into practice led to departments becoming more proactive and community-oriented. In order to successfully prevent criminal activity, the police have to gain public support, which makes it important for policemen to ensure community members are involved in policing. They can do that by earning respect through demonstrating achievements such as low crime rates and upholding established standards. The value of Robert Peels approach is even more prominent today. As the United States tries to grapple with the rise of police brutality and the Black Lives Matter movement, abolishing the police is not a sustainable solution, while investing in developing community initiatives in POC neighborhoods is.
Cesare Lombroso was one of the most renowned scientific biology and criminology theorists. He invented the term atavism, suggesting that illegal activity results from primitive desires that have survived evolution. Lombroso analyzed peoples appearance, highlighting the key elements for each type of crime. According to him, certain physical traits can be used to predict potential criminals. The developed theories formed the basis of the Italian school of criminology, or criminal anthropology, which studies the interaction between anthropometrics and criminal activity.
Such figures as Enrico Ferri, Raffael Garofalo, and even Charles Darwin were also involved in developing these theories. Since Lombroso was the first criminologist to take a scientific approach to studying criminals, he is considered by many to be the ancestor of modern criminology. His theory and concept of atavism were revised many times, while Lombroso re-evaluated the impact of anthropological and environmental traits. In his theories, he also studied female criminals, linking them primarily to prostitution. Lombrosos teachings were further explored in the writings of the English physician Charles Buckman Goring and the professor of anthropology Earnest A. Hooton. They both examined thousands of inmates, concluding that the environment has a much more significant effect than physical traits on the spread of criminality. Thus, at the moment, the concept of anthropological criminology is considered a dead end. However, according to Canadian researchers, the study of minor traits in children associated with genetic problems or exposure to toxins may help analyze the risk of violent activity.
Punishment sociology endeavors to explain the rationale behind punishing individuals. It literally seeks to justify the objective of the principle of punishing offenders. Generally, it involves intentionally inflicting pain as well as deprivation of a certain right to individuals. Both the modern and contemporary societies had some form of theory to support punishment used as a means of maintaining order within the society. The theories mainly fall into two broad categories, namely utilitarian and retributive. The utilitarian theory endeavors to impose punitive actions on the offenders in order to discourage or deter future wrong acts. On the other hand, retributive theory endeavors to impose punitive actions on the offenders because they deserve the imposed punishment. Lessnoff (1971) notes that on the basis of the utilitarian theory, laws should be intended to optimize societal happiness. Given that crime and punishment are both inconsistent with happiness, the two should be kept at minimal levels. Despite understanding that crime cannot cease within society, utilitarians still go ahead to inflict punishment as a means of deterring future crimes.
Naturally, the utilitarian theory is a consequentialist approach. Recognizing that punishment has consequences, both to the offender and the society, in addition to holding the opinion that total good produced through punishment should not exceed the overall evil. Put otherwise, punishment should not lack limits. A good illustration of the consequentialist ideology is the release of inmates who suffer from debilitating ailments. It recognizes that when a prisoner is ill and his/her death is imminent, society is not in any way served by his continued confinement. Given that such a person is not able to continue committing crimes. Basically, the idea behind this approach is that laws that specify punishment for criminal acts need to be engineered in such a manner that they deter future criminal behaviors. Deterrence works at a specified as well as a generalized level.
General deterrence works to prevent other members of the society from engaging in criminal behaviors, whereby the imposed punishment acts as an example to other members as to what could befall them if they get engaged in crime. It also puts another criminal on notice that their behaviors are punishable. On the other hand, specific deterrence implies that punishment is meant to prevent the same person from committing criminal acts in the future. Specific deterrence generally operates in two ways. Firstly, the offender may be jailed or imprisoned as a means of physically preventing them from committing other criminal acts during a specified length of time. Secondly, this form of incapacitation is meant to be unpleasant and as such discourage the offender from re-engaging in the criminal acts.
Other than consequentialist approach, utilitarian philosophy makes use of rehabilitation as a justification for punishment. Rehabilitation is meant to limit future criminal acts by giving the offenders and opportunity to succeed within the legal confines (Johnston, Bruce, & Marvin, 1970). The rehabilitative measures for crime perpetrators include treatment for afflictions suffered by the offenders including mental ailments, chemical dependencies, as well as chronic violent acts. Rehabilitation also provides educational initiatives which offer the offenders knowledge, as well as skills to, have the competitive ability within the job market (Melossi, 1998).
As earlier mentioned, other than utilitarian philosophy, there is the retributive philosophy which unlike its earlier counterpart punishes offenders because they deserve to be punished. This approach is premised on the belief that crime obstructs peaceful co-existence within the society and that punishment can be used to restore a balanced peaceful co-existence. This philosophy focuses primarily on crime as the reason for punishment imposition. Unlike utilitarian philosophy which views punishment on the basis of social benefits, retributive philosophy concerns itself with transgression as the basis for punishment. According to the retributive approach to punishment, people have free will and are able to make rational decisions (Honderich, 1989). An insane offender or one who has some form of incompetency needs not be punished. However, one who makes conscious decisions to interfere with societal balance deserves to be appropriately punished. There are quite a number of ideas that offer moral premises for the retributive approach.
Firstly, retributivists justify punishment on the basis of vengeance (Lessnoff, 1971). It is more of an eye for an eye scenario. Under this ideology, wrongdoers should be made to suffer on the ground that they have made others suffer as well. This principle is traceable to the ancient principle which is laconically expressed in the Old Testament part of the Judeo-Christian bible. Here it is clearly mentioned that When a man causes a disfigurement in his neighbor & it shall be done to him, fracture for fracture, eye for an eye, tooth for tooth&. (Miethe & Hong, 2005) In such a case, it is believed that everyone deserves to suffer the consequences they unjustifiably make others suffer. The term unjustifiably implies that there is room for one to justify his/her actions.
Other theorists perceive retribution against crime perpetrators as a justification to protect legal rights of the society as well as that of the offender. It is believed that the society accords its respect for the free will of the offender by imposing punishment. Punishment accords respect to the offender given it permits the offender to pay his/her debt to the society and in turn, the society theoretically frees the offender from the guilt and stigma associated with the crime (Valier, 2004).
Another ideology surrounding retributive ideology of punishment is denunciation. This is an act of social condemnation by the society where individuals break its norms. It is rather a hybrid of utilitarianism and retributive approach to punishment. It is utilitarian given that the prospect of having one publicly denounced acts as deterrence to the society while at the same time it touches retributive approach given that it promotes the idea that offenders deserve punishment for their offences (Baker, 1971). In some nations, the legal jurisdiction is a conception of both theories, while others have adopted a singular approach either going the retributive way or the utilitarian way.
The most widely accepted approach in the United States is retribution whereby most of the punishments are a form of retribution. However, in some instances a combination of the two is employed, for instance, where a defendant is sentenced to prison and also subjected to educational programs during imprisonment. The latter reflects the utilitarian approach which a form of retribution. The utilitarian approach basically rears its head into the justice system through a number of systems including the pretrial diversion programs, probationary approach, as well as offering paroles. This philosophy is also visible from assigning diverse punishments for distinct crimes. Additionally, this is displayed in the notion that the threshold of assigned punishments should be proportional to the harm resulting from the criminal act. For instance, while in many jurisdictions murder result into life in prison or even death penalty, assault and battery are considered to be of lesser thresh and hence where there are no serious injuries, a short jail term or a fine will do.
Recent works of scholars focusing on criminal punishment have increasingly paid attention to retributivist justifications with regard to punishment. However, utilitarian approach has similarly not been spared. A key question that many would want to be answered is which of the two superior to the other. This question is generally not an easy one to respond to (Davis, 1986). It generally depends on what the society is after. While some societies are purely pro-vengeance, others seek to have its renegade members reformed to fit within the society. Basically, utilitarian which is more society oriented and reflective of a family unit desire to have a son or daughter is much more superior in a pro-reform society (Bedau, 1978). It offers the offenders an opportunity to renounce their actions and start a new life. Additionally, it well addresses the needs of persons who are not inherently criminal and would like an opportunity to reform. However, it does little with regard to deterrence of recidivist criminals. Some criminals just wont stop and in such cases, retribution works best. A criminal knows quite well that if caught killing another he/she too may end up on the hang mans noose. Essentially, this approach is much more superior when it comes to the deterrence of criminals.
The contradicting punishment theories, typically seek to limit crime within the society. Utilitarian considers punishment an evil and justifies by the larger advantage of attaining crime prevention and also achieving the greater aim of deterring crime and incapacitating would be crime perpetrators (Clark, 1971). On the other hand, retributive approach is often more like a crime prevention initiative, where mostly educational programs and reform initiatives substitute deterrence and incapacitation as used in utilitarian approach. Retributivism basically purports to respond to much more discrete queries with regard to criminal justice, for instance, issues like the correct doctrinal triggers for liability, as well as question regarding the threshold of punishing offenders on various culpability levels (Braithwaite& Philip, 1990). It has much stronger implications as to what needs to be prohibited by penal law and as such yields a legal moral point of view to criminal law on basis of which only things that are morally wrong need to be outlawed (Honderich, 2006). It basically argues that if a given behavior is morally unacceptable, then there is a facie reason to make it a criminal offense and similarly, if a behavior is morally justifiable, then there is no reason to make the behavior a criminal offense. It basically sees no justice in punishing people who do not engage in any wrong doings. However, it should not escape the mind that utilitarian approach is much more focused on societal well-being and as such is keen on having all members integrated into constructive acts within the society. Either way, both converge towards creation of a crime free society.
References
Baker, J. M. (1971). Utilitarianism and Secondary Principles.Philosophical Quarterly, 21 (82), p.69-71
Bedau, H. A. (1978). Retribution and the Theory of Punishment. Journal of Philosophy, 75 (11), p. 601-620
Braithwaite, J. & Philip, P. (1990). Not Just Deserts: A Republican Theory of Criminal Justice. New York: Clarendon Press; Oxford University Press.
Clark, M. (1971). The Moral Gradation of Punishment. Philosophical Quarterly, 21 (83), p. 132-140
Davis, M. (1986). Harm and Retribution. Philosophy and Public Affairs, 1-33
Honderich, T. (1989)Punishment: the supposed justifications, Polity Press, Cambridge
Honderich, T. (2006). Punishment: The Supposed Justifications Revisited. London, UK; Ann Arbor, MI: Pluto Press.
Johnston, N., Bruce, L. D. & Marvin, E. W. (1970). The Sociology of Punishment and Correction (2nd ed.). New York, NY: John Wiley.
Lessnoff, M. (1971). Two Justifications of Punishment in Philosophical Quarterly. 21 (83), p. 141-148
Melossi, D. (1998). The Sociology of Punishment: Socio-Structural Perspectives. Brookfield, VT: Ashgate.
Miethe, T. D. & Hong, L. (2005). Punishment: A Comparative Historical Perspective. Cambridge, UK; New York, NY: Cambridge University Press.
Valier, C. (2004). Crime and Punishment in Contemporary Culture. NY: Routledge
The Simpson trial lasted 134 days and was one of the longest and the most controversial cases in California state history. According to the prosecutors office, O. Jay Simpson had long planned to take revenge on his ex-wife for her relationship with Ronald Goldman. As stated by the defense, the killers were drug dealers who were unhappy with Nicoles friends reluctance to pay for another consignment of goods. Besides, the defense argued that the police and prosecutors were pursuing the former athlete on racial grounds. Despite the large amount of circumstantial evidence that testified to the guilt of O. J. Simpson, the jury declared him innocent.
On June 12, 1994, Nicole Simpsons neighbors were alarmed by her dog, who behaved restlessly. One of the neighbors noticed bloody shoe impressions along the concrete walkaway. When a neighbor tried to take the dog inside the house, it led him to two dead bodies. There were countless cuts on Mrs. Simpsons body, including the neck the killer practically cut off her head. Her friend, Ronald Goldman, was found dead right beside her.
Subsequently, the investigation was able to establish the size and model of the alleged killers shoes. Those were expensive 12-size Bruno Magli shoes produced by the Italian manufacturer. The trial also found that Simpsons foot was the same size as the bloody prints at the crime scene. However, the shoes themselves have not been recovered during the investigation, and therefore the evidence remained circumstantial. The accused claimed to have never been in possession of such footwear.
William J. Bodziak, an F.B.I. expert on shoe prints and tire treads, also testified during the trial. According to him, there were no indications that there were several killers at the site (Margolick). He also confirmed that the footprints could very well belong to Mr. Simpson. Unfortunately, only after the verdict was passed, a photograph of the accused wearing the same Bruno Magli boots was found (Butler-Young). Taking all of the above into account, one may assume with a certain degree of confidence that the footprints at the crime scene indeed belonged to Mr. Simpson.
This chapter focuses on the criminal justice system. The field of the criminal justice system borrows knowledge from other disciplines to understand factors driving persons to commit a crime and how to handle crime problems. The system consists of government agencies responsible for enforcing the law, adjudicating crime, and correcting criminal conduct (Siegel 382). The criminal justice system serves and acts as a tool for social control. Society controls other forms of informal social order, such as parental and school discipline. However, these can only handle moral misbehavior, not legal cases. In this regard, the criminal justice system possesses the power to control crime and punish those who violate the law.
The role of the police
Siegel presents the role of the police in law enforcement. The police officials are in charge of peacekeeping, thwarting potential criminals and arresting lawbreakers. The modern police role consists of preventing delinquencies and controlling juvenile offenders from the criminal justice system to resolving family conflicts. Police may use force to accomplish their tasks. However, studies show that nine out of ten people who came into contact with the police felt that the police acted properly. The concepts of community policing (COP) and problem-oriented policing are the new ways of law enforcement methods the police use in improving police-community relations. The approaches are proactive rather than reactive and try to prevent crime before they occur. Though, there is no clear-cut evidence of their success both parties praise them as effective models (Siegel 386).
The court system
The chapter attempts to familiarize the readers with the structure and function of the criminal court system. Siegel presents the court system as a complex social agency with independent but interrelated subsystems. This is where the vital part of criminal decision-making occurs. The process relies upon a precise rule of law in delivering justice. The prosecutor has the discretion to ensure that the case must have convertibility i.e. must stand a better chance of resulting in conviction. The court system creates the adversary system whereby the prosecutor and defense attorney are opponents (Siegel 386).
The correctional system
The chapter covers essential elements and institutions of the correctional system. The system monitors post-adjudicatory roles put on convicts. Correctional system care given to the convict ranges from monitoring in the community to solitary confinement in maximum-security jails. This depends on the seriousness of the offense and the individual needs of the convict. The elements under the correctional system include probation whereby an offender remains in the community under supervision and court conditions. Offenders with serious crimes remain in prisons or penitentiaries in serving their terms. Occasionally, some inmates may find their way back to the community before the expiry of their jail term via parole (Siegel 390).
Stages of the criminal justice system
Siegel gives step-to-step processes of formal justice. These processes fall under initial investigations, trial, sentencing and appeal. There are fifteen stages, each of which is a decision point with its effects on the process, defendant, and society. These stages include initial contact, investigation, arrest and custody as the felony or police process. The court process consists of charging, hearing and arraignment, bail or detention, plea negotiation, trial or adjudication, and sentencing. Finally, the correctional process entails correction, release decisions and post-release (Siegel 394).
The system as a funnel
The criminal justice system works like an assembly line. Some experts argue that due to hasty manner of presenting justice, an innocent person may suffer and a dangerous person be released back into society. The system acts as a funnel . Most people who commit crimes escape detection. People who do not escape only a small number will face trial, conviction, and sentence.
Discretion
Discretion plays a crucial role in the system, in every stage whereby the responsible officer decides whether to proceed with the case or abandon it. Discretion can change the status of an individual going through the process from an accused, defendant, convict, inmate to ex-con. Occasionally, the system works together to grant discretions (Siegel 398).
The procedural laws
The state and federal courts closely monitor the criminal justice system through the law of criminal procedures. These procedures set out and guarantee the accused certain rights and privileges. Agencies of control must operate within the procedural laws. Procedural laws come from several sources, but most notable is the Bill of Rights ratified in 1791. The Bill of Rights protects citizens from unwarranted arrests, self-incrimination, and cruel punishments among others (Siegel 400).
Perspectives on the criminal justice system
There are various perspectives on justice and interpretations that vary in many ways. Influences come from different quarters such as workers in the system, and scholars in the field of criminology. Crime control perspective attempts to deter people from committing a crime and incapacitating serious offenders. The due process perspective views the justice process as a legal process that must come to a logical end. The rehabilitation perspective views the criminal justice system as agency of restoration and treatment. The equal justice perspective strives to make the system equitable to all. The nonintervention model concentrates on issues of stigma and helping defendants keep away from criminal activities. Finally, the restorative perspective strives to find peace and humanitarian solutions to crime (Siegel 401).
The author also presents issues of concerns such as race, culture, gender and crime. He explores whether there exist any relations between race and criminal sentencing. There is no clear-cut evidence to substantiate this issue. Siegel also looks at the problems of reentry such as family and work-related, physical and mental problems, effects on the community and finally, reentry and crime. The chapter provides definitions and illustrations of jargon and terms in the criminal justice system.
Works Cited
Siegel, Larry J. Criminology: The Core, 4th Edition. Belmont, CA: Wadsworth/Cengage Learning, 2011. Print.
The book outlines a description concerning the death of three boys who suffered from murder. It then proceeds to describe how three teenagers appeared before the court over the charge of the murders. The author of this book portrays the ignorance of actual evidence used in the conviction of the three teenagers. The book describes how the convicted teenagers held a conviction on the basis of demonic beliefs, leaving out loopholes for false evidence to come. This led to the release of the convicted teenagers in August 2011. It denotes that the stepfather to one of the victims could have any involvement with the murders. Assertions made concerning the murders held that one of the boys, Christopher, had a demonic ritual operated on him. This is because investigations made indicated that the criminals skinned Christophers penis before the boy died.
The investigations made also indicated that the boys received violent beatings followed by savage from the criminals. The young boy then suffered a castration after the skinning procedure occurred. There then arose a local lady, Hutchenson, who decided to get involved with the case. This happened weeks after the case happenings reached villagers from the place of residence of the victims. Hutchenson claimed that she had met two of the defendants, Echols and Misskelley, during an esbat. She also got her son to admit to the police that he had experienced viewing the crime occurring during the kidnap. She set up a meeting between the two defendants so as to assist them to get acquainted with each other. This was easy for her since she was a neighbor to Misskelley. Through the passing years, Hutchenson decided to reverse her statement regarding meeting the two boys during an esbat. Her son also contributed to complicating the case by changing his statements each time they wrote them. Misskelley was seventeen years old at that time and assumed to be retarded. However, his statement led to the arrest of four boys. They received a charge of murder over the plaintiff. The case displayed biased judgment by convicting the teenagers out of satanic views.
Major crime scene functions handling
The case concerning the murder of the three boys received various twists through the changing of statements. This caused the case to turn out to be complex. Some detectives offered to assist in the case trials, such as Lax. Lax acquired the desirable characteristics of a man in society, engaged in the literature review, and known to handle issues through detailed, careful research. He owned a company, Inquisitor, which dealt with financial fraud and insurance. He over the years builds his career and engaged in cases that were associated with murder. The families of the defendant were low-income earners and had difficulties hiring their own defense team. The judge thus appointed lawyers to the individual defendants. This happened in 1993. However, the appointed lawyers were approximately thirty years of age.
The crime and investigations
Records indicate that the murder took place while the young boys were in West Memphis, where a kidnap occurred. The police claimed to have located the bodies of the boys in a ditch, along a highway. The salvagers tied them together with rope and profusely beat them up. They claimed that the crime scene indicated no blood traces as if a thorough clean-up job occurred. The most astonishing thing was that one of the boys, Christopher, had a castration performed on him. One of the boys parents had reported a missing child in the early evening of the kidnap. This was Christophers parent, Byer (Leveritt 8). Their neighbor across the road also reported that her son Michael also went missing later in the night. She asserted that she viewed her son together with some neighborhood children riding bicycles at some minutes to sunset. These events together with some other mischievous activities occurred and were recorded by one officer. In the same neighborhood, a second officer received a report on the missing of Stevie, whose last location by his mother occurred as they rode bicycles with Christopher and Michael.
How the police conducted the investigation
Upon receiving claims of missing children, all known to be neighborhood friends, the police had to wait till the next morning in order to conduct a search in the nearby surrounding. The dispatched search team conducted a search on the neighborhood buildings, yards and parking lots. They also joined hands with local citizens who held a search in the farms as well as areas near the Mississippi River. The officers placed increased attention on the nearby woods where a team of over fifty men conducted the search. The police requested assistance from the use of helicopters when the search proved to be in no direction.
The search team decided to embark to other areas when they received no evidence of the boys presence in the woods. One person, a juvenile officer, decided to lag behind and continue with a detailed investigation. He noticed some crime scene indicators at the point which had a tributary of the main ditch. He signaled the police search team through a radio call. He had spotted a tennis shoe floating on the water when Sergeant Mike arrived. This he did, despite the profuse search that occurred till mid-day. When the officer went into the water so as to examine and pick the shoe, he noticed a childs body inclined backward. The officers came back to the crime scene as news about the discovery spread through the town of Memphis. This made them limit the number of people who could get into the crime scene.
As the search intensified, the officers retrieved more sticks stuck into the mud in a pattern. Each stick held a garment belonging to the missing boys. The criminals fastened the buttons and zip of the trousers yet left them inside out. They retrieved Steves body downstream and recorded savage marks to his face as well as biting. He too held the backward position as Michaels. On the retrieval of Christophers body, the officers noticed that all of them held the same position, submerged into the mud. Christophers body held more savage wounds than the other two. His scrotum was absent and received several stabs around his genital area (Leveritt 67). The coroner announced the three boys as dead, while the officers discovered two bicycles in the mud.
After this event, the police made crime scene videos and photographs so as to make murder investigations. The area had to be sandbagged so as to identify the crime spots as well as try to recover the castrated genitals. This was the most significant evidence tool as well as the equipment used to conduct the crime. Tacker offered assistance to the Memphis police in the conduction of investigations. However, the head of policed department declined, based on questioning. The Arkansas governor released information to the public regarding the state of the victims. The police head of the department wanted this to remain private so as to assist in the collection of information that could assist in identifying suspects.
The efficiency of investigations and problems encountered
The officers at the crime scene made assumptions regarding the nature of the murder that took place. He asserted that the three options revolved around a murder conducted by close figures to the children, members of a cult or a gang, and finally a crime committed by an individual or group of strangers. Members in a society focused their mindset on the involvement of cult or gang members. This followed the concerns of a lady who asserted that she heard satanic motion noises in the woods during the night which led to the murder. Coincidentally, the case file in the police department ended with the digits, 666. These raised concerns on whether it had reasons leading to focus on the case. The head of the department assured the pres that it had no involvement of being an anti-Christ form of a case. This developed the notion that the police may give preference to the satanic views dominated in society, leaving room for biased investigations. This created disparities between police officers who perceived the satanic view to be possible, and the rational officers.
The investigations contained other loose actions such as poor communication between the officers and the coroner. The coroner arrived more than two hours after the bodys removal from the water. This made it difficult for him to manage to assess the extent and nature of injuries made (Leveritt 6). The body temperatures rose by 20 degrees as compared to the rivers temperature at his arrival. He claimed that the bodies underwent quick deterioration. Reports also showed facial and chest strains as a result of their posture. The officers held concerns over the lack of physical evidence or blood that could lead to the capture of suspects.
The police department made disorganized records regarding the crime. These include updated reports, some of which did not contain the signatures of the reporter. There also occurred incidences of unfiled reports regarding the case. The crime did not receive much attention since the missing children incidences reporting. This could have been due to social factors such as the low financial status of the concerned families. They lacked enough influence to ensure the conduction of a thorough investigation. The report made by the police department held mistakes such as indicating the revealing of the knife which castrated the boy. Other inadequate information reported that the salvagers used a hammer to hit the boys heads. This information contained no proof and was thus regarded as unprofessional.
What I would change
During the search, residents assert that the sheriff delayed efforts to search for the little boys. The police could send a search team during the night when they realized that several kidnaps had occurred. The sheriff asserted that the situation was not in his jurisdiction to send out a group of officers to conduct the search at night. Once the officers on duty learnt of the missing children issue, concerns about the coincidence should have occurred. This is because the parents reported the boys to be friends, and they lived in the same neighborhood (Leveritt 98). A case about three missing children should have received more concern than the officers held. The case could bear a solid fight if the judge allotted credible lawyers to the suspects. Those allocated the duty to speak on their behalf did not qualify to represent murder suspects due to lack of experience.
Pre-interrogation and post-custody interrogations
The police carried out their interrogation procedures to residents in the area. This was a challenging task since the residents received information concerning the case. Some held information based on rumors, thus could not give true details regarding the occurrence of events. Most of the residents withheld information when the suspicions that the case involved satanic influence spread, to prevent the occurrence of the same events to them. Residents also spread the nature of questions asked during interrogation, thus making them collect inappropriate information. One such case is when Michaels friend Aaron suggested that he saw Michael talk to a man in a maroon car, who had yellow teeth. The investigators asserted that if Michael went into the vehicle, then Aaron too would enter with his friend.
Other interrogation procedures asserted that Damien had a relationship with a young girl from their neighborhood. The girl reported that they terminated the relationship before the murder crimes occurred. The young girl, Dinah, claimed that Echols threatened Damien over the relationship. She said that he vowed to kill Damien and dump him in front of their yard, where he would then take charge of her. Records of Damiens therapist reflected an account of his claims to gain power from drinking peoples blood.
Works Cited
Leveritt, Mara. Devils Knot. The True Story of the West Memphis Three. New York: Cengage Learning, 2003. Print.
Criminological theories have evolved over the centuries, observing patterns of crime around the world. In particular, comparative criminology was formed, the main purpose of which is to consider and study the similarities and differences in crimes of different countries and cultures. The characteristics of crime in different countries are influenced by many factors, including traditions, legislation, and history. Different theories provide different approaches to the study of similarities and differences, and they all have advantages and disadvantages. This fact makes it necessary to study and compare the situation in the world from different points of view. Moreover, different perspectives are suitable for various environments and criminological circumstances. While criminology considers the causes of crime from psychological, social, political, economic aspects, the theories presented also emphasize different aspects. Thus, comparative criminology uses criminological theories to describe the similarities and differences in crimes in different countries of the world, depending on their characteristic features.
Comparative Criminology
Comparative criminology seeks to understand the reasons and patterns of crime across different countries and cultures. Major criminological theories are able to explain the similarities and differences in crimes around the world as they examine the causes of their occurrence through social aspects. Different states have various legislation, which depends on the criminological problems existing in society. The reasons for committing crimes and manifestations of deviant behavior are described by criminological theories and can also be applied to study the social structure of society. While the use of statistics makes it difficult to describe the similarities and differences in crime across countries due to various factors, criminological theories operate with more general patterns. This fact makes a comparative theoretical approach to criminology possible and useful.
Strain Theories
First of all, human behavior in various cultures can manifest itself both in accordance with social norms and in violation of them. In particular, the various cultural values of a society and its goals may not coincide with the means of achieving them available to society. This factor is a subject for consideration by strain theories. Conformity, thus, occurs when there is little strain exists between goals and the means to achieve those goals ( Strain theories final, 2021). Agnew (1999) notes that communities may affect crime rates by influencing the goals theta residents pursue and the ability of residents to achieve this goal through legitimate channels (p. 61). Such goals can be an economic success, a certain social status, as well as the achievement of equal and fair treatment. In relation to the causes, as well as the differences and similarities in crimes around the world, this theory can be used to explain how the social strain characteristic of different cultures affects the situation.
In particular, countries set different social goals for people but do not provide them with the means to achieve them. Since social strain can meet different responses in the form of conformism, innovation, ritualism, retreatism, or rebellion, various goals and means become social norms (Merton, 1938). Agnew (1999) also emphasizes that communities are characterized by different levels of strain, which affects the crime rate and the formation of the response to strain. Thus, the data applying these theories can be used to study the presence or level of strain that is present in different communities or cultures and its causes, which explains the differences or similarities in crimes. Thus, it can be assumed that countries with similar strain levels have the same crime rates. However, the reasons for the social strain can vary, which requires a deeper statistical analysis.
Conflict Theories
Social structure theories focus on consideration of the reasons for the crime in relation to social disorganization and deviation. Examining the similarities and differences in crimes is possible through the study of communities, in particular in terms of racial composition and politics of different countries. For example, Section two: Theories of crime causation gives an example of the assumption by the sociologist Wilson that the poverty and deteriorating situation of African American communities at the end of the 20th century is the result of underdeveloped policies which offer benefits to these populations and growing racism (pp. 220-221). This claim may also be associated with social conflict theory, as Wilson also emphasizes that African Americans view Whites as antagonists ( Section two: Theories of crime causation, p. 221). The conflict, in this case, arises as a result of disagreement with the fact that the privileged class, in particular on the basis of race, determines the norm. In this way, conflict criminology describes how the control of the political and economic system affects the administration of criminal justice ( Social conflict theory, p. 290). In particular, the theory will explain how members of the less privileged classes receive more severe punishment for lesser crimes.
Critical Race Theory
Racism and social structure can thus also be used as a theoretical framework to explain the differences and similarities in crime around the world. Hayle. Wortley & Tanner (2016) indicate in their study that race attracts police attention (p. 342). Conflict theory and critical race theory, in this case, explains that in comparison with Whites, Blacks are more often perceived as prone to crime, which causes increased attention of the police. Moreover, racial profiling is an increasingly acute problem in North America and Europe (Hayle et al., 2016). Racial profiling is based on stereotypes biases of police officers rather than reasonable grounds ( Critical theories ). The manifestation of racism in the Western can be considered a legacy of colonial history. The criminal justice system of Canada, in particular, developed during the colonial era and inherited features characteristic of that period. In this connection, we can also identify the emergence of denial of racial communities belonging to the White society and the formation of their own culture ( Chapter 2: Concepts ). Racism can also take on institutional and structural forms, while states are not even aware of it.
Conflict theories and critical race theory, in this case, can explain why in certain countries there is a different level of crimes committed by representatives of racial or ethnic minorities. However, this task is complicated by the absence and often impossibility of collecting reliable statistics due to racial profiling and institutional racism. The Canadian Association of Chiefs of Police announced an initiative to record statistics on the participation of indigenous peoples in Canadas criminal justice system ( Collection of data on Indigenous and ethno-cultural groups, 2020). Thus, statistics may not always indicate a low level of social conflict and related crimes in the country due to the developed institutional and structural racism. Nevertheless, conflict theory best illustrates the similarities which exist in various countries where such a phenomenon is present. Most Western countries that have adapted the features of the colonial past are currently working to include racial and ethnic minorities in the criminal justice system. However, this activity is often associated with social conflict based on the alienation of communities from major societies, which can affect crime rates.
Control Theories and Rational Choice Theory
Social control theories explain how relationships between people within society and the community prevent the manifestation of antisocial behavior. According to the theory of social bond, deviant and criminal acts result when a persons bond to society is weak or broken ( Control theory ). So, attachments, values, and beliefs of a person make him or her not commit a crime. Another theory that illustrates control by the criminal justice system is the theory of deterrence. According to this theory, the expectation of punishment, which can take various forms, affects the prevention of the commission of a crime ( Chapter 4: Classical theories of Deviance ). Thus, the criminal justice system can directly influence criminal actions through legislation and the punitive system.
As well as the theory of social bond, this assumption describes what limiting factors exist in society and the state to prevent antisocial behavior. Thus, criminological theories can explain differences or similarities in crimes through the description of the punitive system of different countries and the social relations characteristic of cultures. For example, countries with stricter penalties can reduce the level of certain crimes due to the fear of the punitive system in society. Cultures in which social relationships are less valued, and there is alienation between people are more likely to experience increased crime rates.
However, these factors can be neglected by the aspects that rational choice theory describes. According to this theory, a person commits a crime if he sees a certain benefit in him that outweighs the fear of punishment or social censure ( Chapter 4: Classic theories of deviance ). This circumstance can also be associated with social or psychological conditions, as well as situational opportunities. Despite the fact that a person can commit crimes under the influence of a significant group, rational choice is more often characteristic of economic crimes for the purpose of material gain. Thus, comparative criminology can also explain differences or similarities by considering the conditions and reasons for which the crime was committed. In particular, rational choice theory examines which conditions specific to a particular country or culture most affect the assessment of the consequences of a crime by a person.
Mental Illness and Crime
Crime in all countries of the world is also associated with punishment, most often with imprisonment. Criminological theories can help explain the differences and similarities in crime in terms of mental health. Chapter 3: Mental Illness notes that mentally ill people are not only likely to be involved in some type of public alteration or minor offense, but also a higher risk of victimization than most other people (p. 98). Insufficient attention and support from the community often result in mentally unhealthy people going to jail. Nevertheless, more and more researchers note the fact that isolation often becomes the main method of punishment in correctional institutions, which worsens the condition of mentally ill prisoners ( Critical policy analysis). Criminological theories, in this case, also pay attention to such factors as the psychology of people to explain the causes of crimes. In this respect, differences or similarities in crimes in countries can be described by the level of attention to mental diseases, their stigmatization, as well as the system of punishments adopted in the country.
Queer Criminology
For comparative criminology, it is also important how widespread the desire for a hetero-normative society is in a particular society or culture. Bill C-6 specifically mandates banning activities that force people to undergo conversion therapy ( Bill C-6, 2020). This event suggests that in Canada, there was a certain stereotypical attitude towards representatives of the LGBTQ + community as deviant members of society. This assumption can also be a source of social conflict and lead to an increase in the number of crimes. As in the case of mental illness, representatives of sexual minorities can experience pressure from society, which can result in both crimes and victimization. In this situation, comparative criminology and queer criminology can describe the differences in similar crimes in the world. For example, in countries in which the culture is more traditional and religious, representatives of sexual minorities may more often become participants in criminal episodes.
Conclusion
While there are other criminological theories explaining the causes of crime, including social learning theories and interactionist theories, the theories described most clearly characterize the topic under study. In particular, comparative criminology focuses on the study of various factors, including the legislation of a particular country, to identify the features of the criminological environment. Social conflict and social strain are the most important aspects, as they have a wide impact on modern developed regions. Criminological theories also describe in different ways the factors that restrict or motivate people to commit a crime. Moreover, they also touch upon aspects of discrimination, which is most relevant in modern conditions. Comparative criminology applies different criminological theories to describe the criminological characteristics of countries. These observations can later be compared to identify factors that are characteristic of a particular state or culture.
References
Agnew, R. (1999). A general strain theory of community differences in crime rates. Journal of Research in Crime and Delinquency, 36(2).
Hayle, S., Wortley, S., & Tanner, J. (2016). Race, street life, and policing: Implications for racial profiling. Canadian Journal of Criminology and Criminal Justice, 58(3), 322-353.
Merton, R. K. (1938). Social structure and anomie. American Sociological Review, 3.
Social conflict theory (Chapter 9).
Strain theories final (Winter 2021) [PowerPoint slides].
There are various methods of inquiry. These methods can be grouped into either scientific or non scientific methods. The preferred method of inquiry in criminal investigation is the scientific method. In this method, an investigator develops a hypothesis and then investigates the viability of the hypothesis, which is a similar procedure as used in science. In addition to the scientific method of inquiry, non-scientific methods are also used.
The non scientific methods relate to authority, tenacity and intuition. Authority method of inquiry is where an investigator takes the words of a person in authority as true and relies on them for investigation (Wood, 1995). In criminal investigation, authority method of inquiry can apply where an investigator is influenced by individuals in authority in his or her investigation. For example, claims from senior police officers may influence the direction of an investigation.
Tenacity is the other method of inquiry. In this method, an investigator relies on prior knowledge without questioning whether the information is true or not. In criminal investigation, tenacity can lead to bias in investigation. For example, when investigating a crime such as drug trafficking, prior knowledge of the common trend in drug trafficking may mislead the investigation.
Intuition is the other common method of inquiry. In this method, an investigator uses inner feeling to direct the investigation. In criminal investigation, some investigators claim to use inner feeling to direct their investigation but the method is not reliable.
To be successful, an investigator should have the right mindset. This means that he or she should not have a fixed mind while carrying out an investigation but should be open to all possibilities (Ray, 1998). Despite being open to all eventualities, an investigator should be guided by the obvious and then move to the details.
It is expected that a good investigator should have a checklist, which he or she uses as a guide in an investigation. The mindset in investigation usually is derived from experience, training, observation and studies carried out on a subject. The mindset provides an investigator with a framework which he or she uses to carry out investigations.
Experience is vital in criminal investigation. Experience exposes an investigator to many possibilities and therefore helps make an appropriate decision at the right time. Therefore, being open to all possibilities is equivalent to having an investigative mindset. The following scenario illustrates the importance of being open to all possibilities: A man crosses the border regularly on bicycle.
An investigator initially suspects the man to be a drug trafficker but on checking, nothing suspicious is found on the man. Later, the man is found to be smuggling the bicycle he was ridding (Ray, 1998, p.4). The scenario shows the importance of considering many possibilities rather than having a fixed mindset.
The scientific technique is the most reliable method of inquiry. It is also possibly the most common method. Scientific method is a logical method of carrying out an investigation. Unlike non scientific methods, the scientific method follows a specific procedure in finding an answer to a given problem (Hunter & Dantzker, 2006). The scientific method assumes a healthy skepticism, which enables the investigator to approach a problem with an open mind.
The main objective of scientific methods is to overcome any bias and therefore arrive at a conclusion in an objective manner. The first step in the scientific method is observation. After observations are made, the investigator develops a hypothesis, which he or she tries to test through the process of investigation (Becker, 2008).
The investigator then identifies all the variables to the problem under investigation. Guided by the set hypothesis, the investigator evaluates the variables in order to support or reject the hypothesis. The results of a scientific study are obtained in an objective manner and are therefore justifiable.
In a criminal investigation, the hypothesis defines the investigative problem in a precise manner. The investigator then goes ahead to conduct the test, gather the necessary information, and make predictions. The investigator then uses inductive reasoning to make conclusion based on gathered data.
The objective of a criminal investigation is to gather information to determine whether crime has been committed in order to bring the individuals involved to book. A successful investigation should provide prove beyond doubt as to who was involved in a crime in order to allow justice to take its own course.
In conducting investigations, investigators rely on various sources of information. The three main source of information include the people involved, physical evidence and records. The people involved in a crime include the victim, the suspect and witnesses (Palmiotto, 2004, p. 2).
The victim and witness provide first-hand information related to the crime and therefore guide the investigation. A witness refers to any person who has first-hand information on the circumstances under which the crime is committed. Witnesses help investigators to verify information provided by the victim or the suspect. On the other hand, physical evidence plays a significant role in criminal investigation.
Do they not only provide evidence, which is important in a court of law but they also provide insights to the investigator. The records retained by criminal justice systems are the other important source of information. The past criminal records and fingerprint records of the suspect among other records play a significant role in criminal investigation.
Reference List
Becker, R. (2008). Criminal Investigation, New York: Jones & Bartlett Learning
Hunter, R., & Dantzker, M. (2006). Research Methods for Criminology and Criminal Justice: a primer, New York: Jones & Bartlett Learning.
Palmiotto, M. (2004). Criminal Investigation, Washington DC: University of America.
Ray, D. (1998). Information-gathering Strategies: The Investigative Mindset, Web.
Wood, A. (1995). Methods on Criminology inquiry, Journal of the American Institute of Criminal Law and Criminology, 23(2), 78-86.
Social Bonding Theory Explanation and Its Four Key Elements
The theory of social bond was first developed in 1969. The author of this theory, Travis Hirschi, dwelled on the different approaches to social problems and tried to explain them in the most extensive way possible (Hirschi, 2011). It is interesting that a bit later this theory was expanded and the theory of social control appeared. In order to correctly apply Hirschis theory, one should clearly realize the idea on which this theory is based.
The major concept developed by the social bonding theory claims that there are several important elements that should be taken into consideration when assessing criminal behaviors inherent in an individual (Hirschi, 2011). On a bigger scale, the theory of social bonding appeared as an attempt to extend the general theory of crime. Nonetheless, there is a critical difference between the two reflected by Hirschis peer-centered approach. The four major elements of the theory include the notions of commitment, attachment, the belief of importance, and involvement in various activities (Hirschi, 2011).
The first and the foremost element is the attachment. According to the idea of the social bonding theory, the society that surrounds us has a momentous impact on our personality and may restrain an individual from committing a crime (Hirschi, 2011). Ultimately, in the case if the crime occurs, there are three key attachment sources which include peers, parents, and educational facilities. The theory describes attachment as the ability of humans to be both moral and social beings to a certain extent at the same time (Hirschi, 2011).
The second element is called commitment. This element of the social bonding theory can be reflected by educational expectations and professional ambitions. The fact that we contribute to our well-being is seen as a constraint that minimizes the probability of delinquent behavior (Hirschi, 2011). Third, the involvement in conventional activities is presented as a way to reduce the occurrence of criminal activity by means of motivating the individual to partake in other activities. In this case, the theory claims that deviation will be highly unlikely due to limited spare time (Hirschi, 2011).
The belief of importance is connected to the personal values of an individual. This element of the theory can be explained as an attainable constraint that is commonly developed within a society. Consequently, delinquent behavior should be anticipated in case if the individual refuses to adhere to the common guidelines and attain the values promoted by the society (Hirschi, 2011).
The Relation between the Social Bonding Theory and Conformity
There is a strict relationship between the theory of social bonding and conformity. The theory explains it as the process of socialization and creation of a link between the society and a given individual (Siegel, 2015). The link is supported by the key four elements that were mentioned above. Therefore, the stronger is the manifestation of these four elements, the smaller are chances that the individual will display delinquent behavior or engage themselves in illegal activity (Douglas, Burgess, & Ressler, 2013).
Therefore, the weaker is the influence of the group, the weaker is the individuals attachment to their behaviors and commitment to their values. The idea of conformity is inextricably linked to the notions of independence and rules of conduct (Wagner, 2013). Conformity may also be perceived through the individuals unwillingness to commit crimes due to the fact that they realize the consequences of such behavior.
The connection between conformity and social bonding theory can also be described as a rational restriction which rewards commitment and law-abiding behavior. Another example of this linkage is the parents influence on their childs conformity (Beirne & Messerschmidt, 2015). We should take into consideration the parenting style and the parents ability to communicate the ideas of adequate behavior to their kid when the levels of commitment and conformity tend to zero.
Social Bonding Theory and the Schools of Crime Causation
The theory of social bonding can also be associated with several theoretical schools of crime causation (Douglas et al., 2013). First, there is an explicit connection between the theory and the impact of strain on a given individual. This relationship can be described by incorporation of the key elements of the social bonding theory into the theory of strain. On a bigger scale, it means that strained individuals are predisposed to delinquent behavior, but their attachment to the peers and commitment to values may serve as the barriers on the way to criminal activities (Douglas et al., 2013).
Another example of the connection is the social learning theory. The society often is able to influence an individual to an extent where the person will unquestioningly obey the unwritten rules and values of the society. In this case, the relationship is dependent on the belief of importance, and it dynamically coexists with the moral norms of the individual (Douglas et al., 2013). Overall, the theory of social bonding is in full compliance with the majority of the theoretical schools of crime causation and clearly reflects their essential hypotheses.
References
Beirne, P., & Messerschmidt, J. W. (2015). Criminology: A sociological approach. New York, NY: Oxford University Press.
Douglas, J. E., Burgess, A., & Ressler, R. K. (2013). Crime classification manual: A standard system for investigating and classifying violent crimes. Hoboken, NJ: Wiley.
Hirschi, T. (2011). Causes of delinquency. New York, NY: Routledge.
Siegel, L. J. (2015). Criminology: The core (5th ed.). Belmont, CA: Wadsworth.
Wagner, W. E. (2013). Practice of research in criminology and criminal justice. New York, NY: Sage.