Juvenile Detention Center is the center used for holding young offenders as they await court processions and court arraignment. They are colloquially known as Juvie. (Worral, 2007). The juvenile detention center is a requirement for an effective judicial system.
There are many challenges the correction officials are facing being entrusted with the responsibility of managing the young delinquents. They range from the peculiarities of the young offenders’ traits to the offenses they have committed. Also, the civil rights of young offenders is another challenge to the officials.
Correction officials working in juvenile detention experience difficulty in balancing between the forces required to effect change and the limit of the force stipulated by the law. Therefore, it is a problem to administer punishments to some of the delinquents without breaking the law. The problem is multiplied when dealing with teenagers who are aware of the law limits because they tend to misbehave deliberately knowing that the punishment is bearable. On that note, many non-governmental organizations, which act as watchdogs overdo their job making the officials afraid of administering punishment to the offenders (Seiter, 2011).
Some of the young offenders have gone through painful past experiences, for instance, betrayal from the closest family members. Consequently, they end up learning not to trust people and cannot communicate clearly whatever they have in their minds (Worral, 2007). This is a problem for counselors since getting through to these types of children is a daunting task that can also be highly discouraging. Communication is the key to an effecting behavior change of these young offenders, therefore, when they cannot communicate, the work of the correction officials becomes difficult.
There are crimes that are unnatural for individuals at such a young age to commit, they are cold blood murder or organized crime, just to mention a few. It is strange for any child to be able to embrace emotions similar to that of hatred to such an extent that they end up committing murder (Worral, 2007). Such a case, however, is referred to as the field of psychopathology. The point is that delinquent children suffer from different types of psychological abnormalities comprising mild neurotic symptoms along with ultimate psychosis. Correctional officials have difficulties in dealing with these abnormal offenders since the punishments defined by the law are not applicable to them.
In numerous juvenile detention centers, the officials do not have the capacity to handle effectively, the high influx of juvenile delinquents on a daily basis. The number of delinquents who requires professional help is numerous compared to the number of professionals. For example, many delinquents have psychological problems but the number of counselors and psychiatrists is inadequate to meet the demand. Consequently, most of these children continue disturbing the guards making their work harder than it is supposed to be.
Most of the young offenders who pass through juvenile centers are likely to undergo sexual harassment (Seiter, 2011). The form of sexual harassment can be between a child and warden or the two young offenders. The majority of the young offenders is vulnerable and can resort to the sexual act in exchange for favors from the guards. The vulnerability is caused by their experiences and a child’s state of mind being an enormous problem for the management to curb these acts of sexual harassment. Even though sexual molestation is a common occurrence in jails and prisons, the problem is aggravated in juvenile centers. Sexual harassment by a warden has a chain effect on young offenders making them lose trust in the system. The management experiences hardship in regaining the trust of these young offenders and thus help them.
Despite the fact that the offenders are suitable to acquire emotional intelligence, it is a challenge for correction officials to influence their emotional intelligence (Seiter, 2011). It happens because the environment in juvenile centers is not conducive. Emotional intelligence comprises emotional skills, abilities, and characteristics that enable a person to lead a rational life. It is, therefore, a problem for the management to influence these skills in such an environment because of factors such as frequent violence, inadequate personal attention, and proper communication. The young offenders are likely to end up in jail later in their lives if they are unable to get these skills related to emotional skills.
Juvenile centers also act as holding centers for kids awaiting placement in special care centers. These centers sometimes receive kids with unique needs who need special facilities (Worral, 2007). This makes the management of juvenile centers more expensive than the normal jail. The number of funds that the federal government channels for managing juvenile centers is not enough compared to the needs. It is difficult for the officials to use the limited resources which are available to handle these kids with special needs.
In juvenile centers, there are kids of different age groups. This makes cases of bullying and taunting common in these centers. Bullying affects the self-esteem of some younger children, a problem which can persist for life. Correction officials experience difficulties when managing these children and curbing cases of bullying. The fact that correction officials are sometimes not able to prevent bullying is saddening since some of the children cannot lead a normal life. They grow up to be unstable adults.
It is vital to address these problems facing juvenile detention centers (Seiter, 2011). Juvenile centers cannot meet their responsibility because of several challenges.
References
Seiter P. Richard (2011). Corrections: an introduction. Upper Saddle River, N.J. ; Pearson Education/ Prentice Hall
Worral L. John (2007). Criminal Procedure: From first contact to appeal. Boston :Pearson Allyn and Bacon.
Criminology as a distinct science evolves and acquires new approaches, research data, and theories. The numerous methods applicable to criminology clarify a lot of questions concerning the behavior of a criminal or the influence of diverse psychological and sociological factors on the crime rates. During the past several decades, there has been a significant advancement in the research of the field of criminology and its theoretical background.
Social learning theory is one of the most influential psychological theories; it is widely used for the identification of behavioral patterns of criminals. A correct substantial approach applied to a crime analysis might be a crucial tool for the detection of the roots of the problem and possible ways of preventing criminal behavior in others. The paper concentrates on the history of the introduction of the social learning theory to science, its evolution over the years, and its possible application to the analysis of a recent criminal event.
Introducing the Theory
A social learning theory was introduced to criminology by Robert L. Burgess and Ronald L. Akers from the University of Washington in 1966. Their study entitled A differential association-reinforcement theory of criminal behavior was based on the previous advancement in the field, which Sutherland contributed to in 1947 (Burgess & Akers, 1966). Sutherland’s idea of a differential association theory was developed and supported by several scholars. However, Burges and Akers were the first who empirically studied the theory and connected the differential association theory with a sociological pattern.
Sutherland’s idea that “criminal behavior is learned as any behavior is learned” was elaborated on and applied to the analysis of the crime rates and their roots (Burgess & Akers, 1966, p. 128). Thus, the social learning theory grounds on the idea of differential association-reinforcement and attempts to explain criminal behavior not individually but in the connection to environmental influences.
The authors of the theory provide a broader view on the issue of behavioral association and ask specific questions to be answered by their contemporary criminology. Those questions concern the reasons why particular individuals being in the same environment as many others acquire delinquent behavior. To provide answers, the criminologists reformulated the primary points of Sutherland’s theory through the processes of conditioned reinforcement and stimulus discrimination (Burgess & Akers, 1966).
The main components of the approach constitute the following ideas: criminal behavior is learned, it is absorbed in nonsocial and social situations of reinforcement, criminal behavior patterns are acquired within the influential groups. Also, the frequency of the specific behaviors learned depends on the “reinforcers,” criminal behavior is learned when “such behavior is more highly reinforced” than a noncriminal one (Burgess & Akers, 1966, p. 134). Finally, deviant behavior learning relates to the frequency and amount of reinforcing influences.
Evolution of the Theory
The theory was developed and tested during the following years by other criminologists, as well as by the authors. Akers and colleagues later applied it to study the behavioral patterns among drug and alcohol users, the results of which proved the validity of the theory. This study provided prospects for further studies and the use of the social learning theory for other abnormal behaviors (Akers, Krohn, Lanza-Kaduce, & Radosevich, 1979).
It remains relevant in the present and is widely used in criminology as one of the ideas most capable of identifying the connections between criminal inclinations and the environment in which a criminal exists. One of the latest studies applies social structure to the social learning theory and provides a broad overview of the preventive interventions (Nicholson & Higgins, 2017). Due to the contribution of many scholars investigating the issue since the 1960s, the theory evolved into a powerful tool enabling the productive work of criminologists.
Application of the Theory
The social learning theory may be applied to the criminal events in the USA. The massive shootings that shook several US cities have a wave character. A mass shooting incident that took place in Chicago on October 29 took the lives of five people and left a dozen hurt, according to CNN (Baldacci, 2018). The actions of a criminal might be analyzed according to the social learning theory based on the preceding events of the same character.
The occasions mass shooting periodically occur in Chicago during the past several years, increasing the crime rates in the city (Baldacci, 2018). The modern world of globalization, where an environment influencing an individual reaches far beyond his or her spatial location and embraces informational impacts, presents a broader perspective on the application of the theory. That is why the theory is incapable of introducing an effective preventive technique in such circumstances. A person aware of a crime incident might be influenced by it and learn the same behavior. However, the discussed theory does not give precise answers to the questions of why these crimes happen in particular time periods and what their frequency depends on.
Conclusion
Summarizing the discussion, it is essential to underline that appropriate application of a particular theory to a crime might provide numerous opportunities, as well as limitations, to understanding the driving forces of deviant behavior.
Such understanding allows retrieving the core relation between people’s behavioral patterns and their crime inclination. When applied to criminology, social learning theory determines basic components of deviant behavior, which is learned (as any other behavior is learned) through environmental influences and reinforcements. Although the method does not provide answers to all the questions concerning a crime, thus justifying the importance of other theories, it contributes to the development of preventive interventions capable of decreasing crime rates.
References
Akers, R. L., Krohn, M. D., Lanza-Kaduce, L., & Radosevich, M. (1979). Social learning and deviant behavior: A specific test of a general theory. American Sociological Review, 44(4), 636-655. Web.
Burgess, R. L., & Akers, R. L. (1966). A differential association-reinforcement theory of criminal behavior. Social Problems, 14(2), 128-147. Web.
Nicholson, J., & Higgins, G. E. (2017). Social structure social learning theory: Preventing crime and violence. In B. Teasdale & M. S. Bradley (Eds.), Preventing crime and violence (pp. 11-20). New York, NY: Springer. Web.
In writing this research paper the first thing that I needed to determine is the branch of law that this case scenario pertained to, which I determined to be criminal law. In general terms, there are two ways in which the various forms of law can be divided: procedural law and substantive law1. Procedural law is concerned with the legal formalities that dictate the process of legal cases and the role of the court in enforcing that code. This element of law can be determined to be present in this case since the court will be required to adjudicate on issues of human rights and privacy that the appellant claims to have been violated. On the other hand, substantive law involves the type of laws that describes the specific nature of legal matters that are enforceable under the law which therefore encompass all forms of rights and obligations that a person might have a basis to claim. Under this type of law, there are three branches of law namely: criminal law, tort law, and contract law2. The branch of law that will be applicable in this case scenario as we shall later find out is criminal law.
After having established that, the next step that I needed to undertake was to identify the major issues of law that are central to this case scenario. Three issues are central to this case of R v. Ryan; issues pertaining to sexual offenses in general, the law pertaining to
the rape of minors, and the concepts of men’s rea and actus rea. Because this is basically a case of rape the applicable law is the Sexual Offences Act 2003, and more specifically as outlined in section 5 and section 13. This much, what the court needs to determine is whether the applicable law was appropriately applied in sentencing the defendant in the first place, and more importantly whether the appellant grounds for appeal on the judgment are valid.
The next step after having determined the legal issues that are required to be researched is to cross-check the facts of the case against the applicable law for purposes of determining whether the defendant was rightly sentenced. This exercise required me to peruse through all relevant literature written on sexual offenses laws, rape of minors as well as what the European Convention on human rights says about child human rights. This meant that I had to conduct a literature search for any written material or all of the issues that I had determined to be central to this case. Because of the vast nature of literature that is potentially written on sexual offenses, child human rights, and laws on the rape of minors, I had to devise a literature search plan that will generate for me the most concise results of what I was specifically looking for. This required me to come up with keywords for searching the literature resources that I needed to have in order to tackle this essay. Because I had already determined the central issues that needed to be investigated in this paper formulating keywords was not very challenging.
First I wrote down the major keywords that I needed to use in order to identify the general literature that I needed; these were “laws on the rape of minors”, “men’s rea”, “actus rea”, “Sexual Offences Act 2003”, “European Convention on Human Rights”, “consensual sex between minors” and “precedent court rulings on laws involving minors”.
Relevant Materials
I relied on several search engines in my literature search of the relevant resource materials that I needed namely; google, Wiley online library and google e-book search engines. My initial search on google using any of these keywords gave me hundred of thousands of hits on relevant resource materials that I could potentially use in writing this research paper. However, Wiley online library which is one of the few select online databases with the best well-written refereed journal articles was able to give me a less number of relevant resources. The biggest challenge I had in tracing the relevant resources was while using the google search engine which was giving me hundreds of thousands of hits on all of the categories, for instance, the “laws on the rape of minors” keyword gave me 33,200,000 hits of articles written on the subject. For this reason, I had to refine my search by customizing the keywords I was using to search the resources this involved adding more relevant keywords in order to narrow down on my results without overlooking crucial articles with the information that I needed.
Eventually, I settled on “laws on the rape of minors and precedent rulings on cases”, even though I still got more than 10000 hits with google I was able to get relevant resource materials that I could use in writing the essay by just reviewing several of the resources. Next stop I tried a search with Wiley online library which is one of the subscribed databases with the most recent publications on various disciplines. Luckily for me, Wiley does not have hundreds of thousands of potential resource materials to check from, for this reason, any keyword that I used to search relevant literature just gave me 2000 hits at most. The search engine for Wiley online library is very much like that of Google and usually highlights all articles with the keywords entered, so to find the most relevant publications on this subject one needs to enter as many relevant keywords as necessary and run a search. The generated resource material that appears at the top of the page are the ones with the best fit, it even has a feature that lets you rank the results based on the best match which was very handy during this process. By the end of my search for resource materials, I was able to zero in on four articles from the google search engine that I identified as most relevant and two journal articles from Wiley online library that were most pertinent in writing of this essay, all of which appears on the bibliography page.
Defendant Case
The 2003 Sexual Offences Act redefines what constitutes rape primarily on two major grounds; intentional penetration of another person under circumstances where there is no consent. Under this Act, a person is guilty of an offense based on three of these circumstances; if one “intentionally penetrates the vagina, anus or mouth of another person”, where a person “B does not consent to the penetration” under circumstances that person “A does not reasonably believe that B consents”3. These conditions pretty much summarize what the whole Act regards to be crimes of rape, so on the face of it would appear that Thomas is not guilty of a rape offense since there was consent during the sexual intercourse with Smith. But there are two other elements to be considered in this case; one regards what the Act says regarding sex with a child under the age of 13 years in section 5 and whether Thomas in engaging in sex with Smith “reasonably believed” that she was consenting, what would ideally constitute men’s rea aspect of the case.
Based on these two factors we can reliably determine with good judgment whether Thomas was justly sentenced by the court. Section 5 of the Sexual Offences Act 2003 “makes it an offense for a person intentionally to penetrate with his penis the vagina, anus or mouth of a child under the age of 13. Whether or not the child consented to this act is irrelevant”4. We can probably add, only if the defendant reliably knew of the child’s age, which is the factor that this Act does not expressly elaborate on. So strictly speaking and in disregard to all other factors that existed at the time under the circumstances, Thomas is guilty as charged. But we all know that the circumstances of what eventually come to be regarded by the prosecutor as rape were not as straight forwards like this, and it is on this basis that Thomas could argue that the court erred in prosecuting him from this strict standpoint of legal perspective.
Thus, the appellant has a basis of raising the issue of strict liability as a ground for appeal since it is incompatible with the European Convention on Human rights which states partly on article 6 that there should be “presumption of innocence” which ceases to be when the concept of strict liability is applied as is the case5. Besides, there are mitigating elements on this case that would have ideally required the prosecutor to charge the defendant on the less serious crimes under the ambit of section 13. This is because there are two elements under the circumstances that would shift the nature of crime from strictly being described as the rape of a child.
These are one, the fact that the sexual intercourse was consensual presumably between teenagers above 13 years old, and two the defendant at the time believed the so-called victim to be aged above 14 years. Thus, for the prosecutor to insist otherwise they must at least prove the men’s rea and actus rea elements of the case; men’s rea as we shall see would be objectively impossible to prove. Nevertheless, as it is the custom the prosecutor has the responsibility of the burden of proof in this case, and to shift the burden of truth would be unfortunate misconstruction of justice.
Proof of men’s rea; simply states that “there must be more than merely preparatory acts” such as intent before rape charges can be preferred6. Another related legal principle that should be applied to determine the circumstances of the case is actus reus which means “guilty act”7. This principle of actus rea is applied together with men’s rea and attempts to describe the “physical elements of committing a crime” which is present in this case8. This is because the principle of men’s rea is based on the logic that the accused knew that what he was planning on the undertaking was wrong and illegal, implying that Thomas knew of the actual age of Smith. Hence, for the State to prove that rape occurred under the ambit of section 5 these two important conditions must be certified. While the prosecutor has enough evidence on actus rea, proving men’s rea will be a difficulty as it would require showing that the defendant had reasonable reasons to believe that the victim was not aged above 13 years at the time of the crime. Because this cannot be accurately determined to be beyond a reasonable doubt, the prosecutor could not have possibly obtained the necessary level of evidence required to sentence the accused in the first place or even sustain the judgment in this case. Indeed in a very similar case of Gv. R & ANR 2003, where the appellant was appealing on an earlier conviction for raping a minor who was below 13 years when he believed her to be 15 years at the time, the court in its rulings held in part that;
“It was unlawful for the prosecutor to continue to prosecute G under section 5 given his acceptance of the basis of G’s plea, namely that the complainant had consented to intercourse. As the offense fell properly within the ambit of s. 13, G’s conviction of rape under s. 5 was disproportionate and incompatible with his rights under art. 8”9.
Thus the court did clarify one important issue which requires the prosecutor to exercise fair and objective analysis of the circumstances in such a manner that is compatible with universal human rights as outlined in the European Convention on Human Rights. In this case, this due diligence is not found to have been undertaken and thus we can conclude that both Thomas human rights were contravened as well as his right to “presumption of innocence”10.
Prosecutors Case
For the prosecutor to effectively establish Thomas to be guilty, they need to establish two aspects of the case namely men’s rea and actus rea. As we have so far determined actus rea would not be a problem for the prosecutor to prove in this case since there is evidence of sexual intercourse, this much the prosecutor has a case against the defendant. Nevertheless, the prosecutor is limited in terms of proving the men’s rea aspect of the case; this is unless the prosecutor is able to circumvent the requirement of proving the fact that the defendant had the foreknowledge of knowing the accused was not aged beyond 13 years. The only recourse that the prosecutor has as far as this case is concerned are two; to charge the defendant under section 5 of the Sexual Offences Act or charge him under the lesser offense of sexual offenses contained under section 13.
The prosecutor is currently favored by the present Sexual Offences Act 2003 which has drastically shifted the issue of consent under certain circumstances to presume that the defendant was aware that consent was not obtained from the victim11. Section 75 of the Sexual Offences Act outlines the “Evidential presumptions about consent”; under this section “the complainant is to be taken not to have consented to the relevant act unless sufficient evidence is adduced to raise an issue as to whether he consented”12. Besides, after the enactment of the new law on Sexual Offences Act, prosecutors are no longer required to acquit a suspect based on the premise of a “mistaken and honest belief in consent” as was previously the case based on the precedent of Morgan v. DPP, 197613. This means that the appellant still has no grounds to rely on his mistaken belief on victim ages as his defense.
Thus, on this basis, the prosecutor can strike out one of the mitigating factors that the defendant was relying on as his defense; this amounts to shifting the burden of proof to the defendant which makes it harder for him to prove the absence of men’s rea. However, even then the prosecutor would still need to ensure that the circumstances of the rape contained any of the six conditions that section 75 requires to be certified for this shift on the burden of proof to be allowed. Because of this requirement, it would be tricky for the prosecutor to pursue charges under section 5 since there is no presence of any of the six conditions outlined in section 75.
So this much, the prosecutor I would say has a 50% chance of success if they wish to prove the element of men’s rea in the crime, but as we have so far determined in this case an important element of the case has to do with the defendant presumption of victim’s age at the time of the crime and not so much to do with consent per se. Notable to mention in this case is the fact that legally children under the age of 13 are regarded to be incapable of consenting to any form of consensual intercourse, hence the issue of consent is inherently tied with the age of the victim14. This is a fact, which makes it impossible for the defendant to cite consent in his defense even though it does not necessarily influence the men’s rea aspect of the case. Based on the precedent set by case B (a minor) v. Director of Public Prosecutions, 2002, the prosecutor, in this case, can still find the defendant guilty regardless of whether he believed the victim was over 13 years ago at the time. Thus in the ruling for this case, Lord Nicholls held that the need to establish men’s rea can be “negatived by necessary implication, which connotes an implication that is compellingly clear”15.
In a recent ruling that can be cited as precedent to similar cases in the case of R V. G, 2008, the House of Lords held that sex with a minor below the age of 13 years was under the Strict Liability Offence and should be arbitrated as such16. A journal article by Laura further clarifies the wording of Section 5 of the act as to mean rape constitutes sexual intercourse with a child below 13 years “regardless of the circumstances or his intentions at the time”17. For these reasons it would appear that the prosecutor can sustain a convincing argument against the defendant’s appeal under section 5 of the Sexual Offences Act and probably the same reason that made the prosecutor charged the defendant in the first place under this section.
Based on the same reason it is likely that the House of Lords would sustain the earlier sentence. Thus, in conclusion, my fair assessment is that the court will uphold some aspects of the case but also quash some as of the holdings of the earlier sentence.
References
Claire, O & White, R, Jacobs & White: The European Convention on Human Rights, 4th ed, Oxford University Press, London, 2006, p. 229.
Fletcher, G, Basic Concepts of Criminal Law, Oxford university Press, London, 1998, p. 127.
Friedman, L, A History of American Law. 3rd ed, Touchstone, New York, 2005, p. 16.
Keogh, A, Mens rea Sexual Offences Act 2003. Web.
Laura, J, Children Who Commit Sexual Offences: Some Legal Anomalies and Practical Approaches to the Law. The Howard Journal of Criminal Justice, vol. 46, no. 55, 2007, pp. 493-499.
L Friedman, A History of American Law. 3rd ed, Touchstone, New York, 2005, p. 16.
ibid
Legislation.gov, Sexual Offences Act 2003, 2010. Web.
ibid
O Claire & White, R, Jacobs & White: The European Convention on Human Rights, 4th ed, Oxford University Press, London, 2006, p. 229.
G Fletcher, Basic Concepts of Criminal Law, Oxford University Press, London, 1998, p. 127.
ibid
Ibid 132
T Owen & R Trowler, G v. R & ANR, 2007. Web.
Claire & White, loc cit.
Legislation.gov, loc cit.
ibid
A Keogh, Mens rea Sexual Offences Act 2003, 2010. Web.
Legislation.gov, loc cit.
A Keogh loc cit.
Owen & Trowler, loc cit.
J Laura, Children Who Commit Sexual Offences: Some Legal Anomalies and Practical Approaches to the Law. The Howard Journal of Criminal Justice, vol. 46, no. 55, 2007, pp. 493-499.
Crime investigation relies on the collection and analysis of many types of evidence. Some of the most important forms of physical proof are fingerprints, footprints, and paint, among others. On the other hand, biological facts come from bloodstains as well as DNA. The relevance of proof implies that it should approve or disprove some facts in a legal proceeding (Mueller, Kirkpatrick, & Richter, 2018). That notwithstanding, facts cannot be admissible if they are outweighed by their tendencies to cause finders to disapprove of the parties they are introduced against for unrelated reasons. In addition, for proof to be admissive in a court of law, an individual presenting it must demonstrate that its source links it to a crime (Granja & Rafael, 2017).
This assessment states and explains why evidence must be relevant to a case before a court and gives two items that would be irrelevant as proof. In addition, it provides three forensic databases in the United States as well as describes two different indices on the platform of the Combined DNA Index System (CODIS).
Relevance of Evidence
One of the most basic rules of evidence is its relevance to a case. If a judge determines that some facts are irrelevant, he or she must exclude them. In a case, for example, that concerns a bank robbery, witnesses should discuss the crime and not if banks are making unusual profits. If proof is relevant, it means that it has tendencies to make the existence of facts that are of consequence to the determination of actions more or less probable than it would be without the evidence (Mueller et al., 2018).
This statement incorporates two important requirements, which are material and probable value. The material necessity is associated with the consequence of finding out an action, while the probable value is linked to the chances of establishing the existence of facts. However, Rule 401 separates the previously utilized concepts in the relevance of proof in cases. Currently, the two requirements are stated independently (Mueller et al., 2018). Regardless of how the relevance of evidence is defined, it should always be understood that facts are not inherent features of items, but they show relations between materials of proof and matters that can be proved in a case.
Rules of evidence aim at regulating facts that a jury can utilize to make a verdict. However, although relevant evidence has relatively high chances of being allowed, not all applicable pieces of facts are admissible. Judges can exclude any pertinent evidence due to other rules of the justice system. For instance, if applicable proof is found to arouse judges’ emotions unfairly, then it may be determined to be inadmissible.
In such a legal situation, a jury is required to establish a balance between the significance of the facts and the risks of unfair appeals to feelings (Mueller et al., 2018). If judges establish that the consequences of unfair emotional appeals are more than relevant, then they would exclude the facts.
Rule 402 states that irrelevant facts cannot be admitted while relevant proof is admissible in courts of law unless other rules exclude them. In most cases, objected proof has little probative importance rather than absolute insignificance (Mueller et al., 2018). Such facts are properly argued against under Rule 403 that gives juries powers to exclude irrelevant pieces of information since they are a waste of time or contribute to the distraction of judges. That notwithstanding, for an individual to argue under Rule 403, he or she must articulate why particular facts have little or no significance (probative value) in a case (Edwards & Baker, 2017).
In addition, all arguments about relevance are founded on platforms of logic as well as common sense (Mueller et al., 2018). Relevant evidence helps judges to make good judgments, either by themselves or in combination with other pertinent facts.
Two Items of Evidence That Can Be Irrelevant
As explained above, the relevance of evidence is an important building block of rules that determine whether it would be admissible into courts. The connection between proof and a case may not be so strong that every item can singly prove or disprove a claim. Rather, the evidence is determined good and relevant in a case if it establishes a strong link in a series of items of facts. The two items that can be irrelevant and inadmissible in a court of law are shoe sizes and sole patterns as presented by a prosecution team or a defendant.
Evidence collected at a crime scene, for example, may indicate that the alleged offenders wore shoe size eight and the footwear typified by particular sole patterns. However, the arrested suspects may be found to wear shoe sizes in the range of ten to twelve. In such a legal scenario, even if their sole patterns match those presented by the prosecution, the evidence cannot be relevant since the footwear sizes do not have a strong link with what the suspects wear.
In other words, the evidence would be irrelevant since the suspects could not have put on shoe size eight, yet they wear sizes ten to twelve. In another example, a suspect may be arrested for allegedly committing a crime and footwear evidence supported by a sole pattern presented to a court. He wears shoes of size ten, all with a single sole pattern A, but the evidence shows that the footwear impression has pattern B (Mueller et al., 2018). In this situation, the evidence would be irrelevant since sole patterns do not match.
Forensic Databases
Whether maintained by the government or private firms, forensic databases go a long way in helping professionals in law enforcement and corrections to identify unknown persons (Buckleton, Bright, & Taylor, 2016; Granja & Rafael, 2017). The U.S National DNA Database System was founded by the FBI in 1994 to help compile and store genetic information. Suspects’ genetic profiles are searched in the database to determine their identity. It is supported by an array of software programs and communication instruments for comparing data gathered from various sources. TreadMark is a forensic catalog that assists law enforcers in identifying unknown individuals at crime scenes based upon shoe prints.
This database helps to reduce the time spent in analyzing footwear impressions, which could be so large at scenes. In this context, impressions are gathered using updated techniques such as photography and adhesive lift. Integrated Ballistic Identification System (IBIS) is a database that compares bullet and cartridge casings used at crime scenes against those whose information is compiled and stored (Buckleton et al., 2016). The information assists in knowing the firearm holders when a crime is committed.
The Combined DNA Index System (CODIS)
One of the CODIS indices that handle offenders’ information that is important in identifying unknown people who are alleged to commit crimes is the offender index. This computerized catalog stores DNA profiles of persons found guilty of crimes in the U.S.A. It works by helping law enforcers to match suspects’ DNA information to that compiled and stored. Once a match to an offender is determined on the database based upon DNA profile searches, his or her name is submitted to a specific laboratory that made the request. This information is relied upon in courts of law as admissible evidence.
The forensic index of the CODIS database stores other pieces of proof collected at crime scenes, such as the body or clothing associated with a victim, the body or clothing linked to suspects, and collected items. Laboratories providing such information must give an assurance that it is associated with a crime or crime (Buckleton et al., 2016). This index works by providing a match of the entered information against that stored in the catalog.
Conclusion
This assessment has determined that evidence is an important component of legal proceedings on which a jury relies to make a judgment. Although a prosecution team and lawyers representing the accused may produce various forms of evidence in a court of law, judges have the discretion to decide what to classify as admissible. If facts are relevant, they can be admissible in a court of law, while irrelevant proof is inadmissible.
Two items that can be irrelevant in legal proceedings are shoe sizes and sole patterns when logical connections are not established. Three of the databases that help law enforcers and corrections to identify unknown persons linked to crimes are the U.S National DNA Database System, TreadMark, and IBIS. Finally, this assessment has established that the CODIS database has offender and forensic indices that assist the classification of convicted criminals’ DNA profiles and items gathered at crime scenes, respectively.
References
Buckleton, J. S., Bright, J. A., & Taylor, D. (Eds.). (2016). Forensic DNA evidence interpretation (2nd ed.). New York, NY: CRC Press.
Edwards, K., & Baker, B. (2017). When tendency evidence will have significant probative value. The Journal of the NSW Bar Association, 6(17), 45-54.
Granja, F. M., & Rafael, G. D. R. (2017). The preservation of digital evidence and its admissibility in the court. International Journal of Electronic Security and Digital Forensics, 9(1), 1-18.
Mueller, C. B., Kirkpatrick, L. C., & Richter, L. L. (2018). Evidence under the rules: Text, cases, and problems (9th ed.). New York, NY: Aspen Publishers.
Physical evidence is always the most important requirement needed for the prosecution of criminals in court cases. It is in this essence that, evidence collection becomes an important aspect in law enforcement. The evidence presented in court for the prosecution of criminals ought to be of high quality for it to be fully relied on when making the ruling (Truro Police Department Manual, 2009, p.1). This can be achieved through proper identification and use of efficient laboratory equipment during evidence collection. In the case of a homicide where several evidences are required, the following methods will be appropriate in recovering the necessary evidence.
Blood forms the main physical evidence that is encountered in the case of a homicide thus it is very important to identify and type the blood for evidence. Being of biological origin, blood is prone to deterioration hence it requires careful procedures. The first thing is to determine the pattern of the blood stain by taking photographs or drawing sketches and documenting them. If the blood is already dried up, it could be scrapped off or cut out the stained objects for instance cupboards, carpet and clothes among others (Bureau of Forensic Services, 2002, p.1). As for the hand gun, it should be collected with the use of polythene collection bags so as to keep the finger prints intact. It could be checked for traces of blood, hairs, paint or any other tissues. The shell casings are required to be safely collected using polythene bags in order to avoid destroying the evidence. In the case of the hairs, hey could be photographed if they have not been firmly attached on an object. If attached, the object containing the hair is collected and taken to the laboratory.
Several tools could be used in evidence collection ranging from those used to physically locate the evidence to those used in transportation of the evidence. Some of the common evidence collection tools include: Collection tubes, evidence bags, cuticle sticks, sealing labels biohazard labels, crime scene barrier tape, gunshot residue collection, thermometers, hand preservation bags, evidence tags, permanent markers and metal scanners just to mention but few. The tools to be used in evidence collection normally depend on the type of crime and the evidence to be recovered from the crime scene.
After collection of the evidence, it should be properly packaged in order to maintain the evidence in its original state from the scene of crime. Packaging should be in such a way that it avoids contamination as well as minimizing chances of deterioration (DNA Initiative, 2003, p.1). Common ways of packaging include; wrapping and packing of the evidence in containers such as plastic ones, metal pillbox, powder boxes that should be sealed after packaging. In the case of blood, stains or swabs should be made and kept dry before taking it to the laboratory for analysis. Hairs could be packaged in druggist folds or even in the adhesive tapes. On the other hand, the handgun is packaged in constructed box in which the gun is securely held using a metal plate that is meant to block the muzzle.
Once the evidence is collected and packaged, it is taken to the laboratory where several tests are run to justify the crime based on the evidence. At the lab, physical tests could be done to determine the type of evidence. After which, DNA profiling is done on the biological evidences such as blood, hairs and any other fluids collected after which results are compared to the DNA profiles of the suspects(Hails, 2008, p. 143). Fingerprint screening is also done on the collected objects and compared to those of the suspects. All these done, the court will be in a position to make a justified decision.
Environmental deaths refer to deaths that are as a consequence of natural factors or calamities. Examples of the causes of such fatalities include drowning, lightning, hypothermia and hyperthermia. These are elements which cannot be controlled by man. However, they can be looked at to identify ways of encountering them with reduced chances of fatalities. It has been shown that some of the extreme weather and environmental conditions that have become more common in modern times are as a result of human activity. Man has tampered with the environment to a high degree, and this has resulted to issues such as extreme temperatures, storms, hurricanes, droughts and excessive precipitation in form of rain or ice. Extreme temperature situations have been blamed for hypothermia and hyperthermia cases. Most cases of drowning have been as a result of excessive precipitation. However, cases involving individuals such as children have been in environments that are safe for mature persons. Most young ones have drowned in relatively small water pools or even bathtubs in their homes (Ferrell, 2010).
Homicide refers to the case of a person taking the life of another human. There are various forms of homicide including murder. This means that homicide is not at all times a penal act under the criminal law but for the events of a given homicide falling under proscribed deed(s). One of the most acknowledged validations is self defense which offers that: in a given case, an individual is reasonable in killing another to keep their own life from lethal assault.
Forms of environmental deaths
Drowning
This refers to death as a result of asphyxia which results from suffocation due to water getting into the lungs and putting a stop to the intake of oxygen. This leads to a condition of oxygen deficiency causing a very strong drive to correct the deficiency, commonly referred to as cerebral hypoxia. Near drowning is another occurrence in the same line and refers to the endurance of a drowning experience entailing a cognitive state or water inhalation and can result to severe derived complications such as death following the occurrence.
Statistics from the World Health Organization show that drowning is the third leading source of accidental injury demise world over. It accounts for 7% of the entire injury linked demises, leaving out the ones as a result of natural calamities. In a number of countries, drowning is among the foremost causes of demise for children below the age of 12 years. For instance, in the United States of America, drowning is the second foremost basis of demise in children under 12 (Ferrell, 2010). The frequency of drowning in populaces the world over, contrasts broadly and it relates to their access to water, weather conditions and the public swimming practices.
The occurrence of drowning is rapid and hushed even though it may be led by anguish which is more able to be seen. An individual drowning is not in a position to scream or call for help. This is because they are not able to get sufficient air to breath. The unconscious drowning reaction is the final set of involuntary responses in the 20 – 60 seconds prior to getting submerged and to an unskilled person this can appear like composed calm behavior. Lifesavers and other individuals skilled in rescue are trained to make out drowning people by looking out for these unconscious responses. Drowning takes place more regularly in males and the juvenile. Statistics show that 10% of children below 5 years of age have been in a condition with a high danger of drowning.
Professionals distinguish between three foremost forms of drowning-associated urgent situation(s). The first one is distress and it refers to a case where a person(s) is in danger but still has the capability to gesture for assistance and take actions. The second category is drowning where person(s) are stifled of oxygen and in impending risk of death in a matter of seconds. This is further classed into two groups. The foremost group is submissive drowning where an individual who has been submerged or is in the process of being submerged, exhibits no motion. Casualties of calamity, coma, or unexpected therapeutic state may fall into this group. The second group consists of individuals in active drowning. These are the individuals who do not know how to swim and the exhausted who can’t hold their head above water and are choking due to being short of air. Impulsively, individuals in such circumstances show well recognized signs in the last seconds before sinking. Such persons are not in a position to call for aid, reach for lifesaving equipment, or call people even feet away.
Lightning
Lightning refers to an atmospheric static ejection going with thunder which normally takes place during thunderstorms and at times from volcanic outbreaks or dust storms. From this release of atmospheric electricity, a leader of a bolt of lightning can move at velocities of 220,000 kilometers in an hour. Temperature levels resulting from such instances can be as high as 30,000 0C.
Lightning is a cause of death. It causes more deaths every year as compared to snowstorms, hurricanes and tornadoes. It is the second largest weather-associated killer after floods. Statistics from the United States National Weather Service indicate that 73 people are lost as a result of lightning annually, with hundreds more putting up with life-incapacitating injuries. Some of the difficulties associated with lightning strikes include; memory losses, concentration deficits, sleep disorders, lack of sensation, and wooziness.
The uppermost death occurrences as a result of lightning in the US are in Florida (National Lightning Safety Institute, 2011).
Hypothermia
This refers to a state in which inward heat levels plummet below the essential temperature for common metabolism and body functions which is specified as 35 0C. The human body temperature is normally sustained at close to a steady level, ranging from 36.5 to 37.5 0C. This is attained by way of biological homeostasis. In cases where one is subjected to cold conditions and internal homeostasis is not in a position to top off the heat that is being mislaid, a fall in core temperature results (Mackensen, McDonagh, & Warner, 2009, p. 342). As this takes place, typical indicators come about and they include shivering and intellectual confusion. As heat levels go down even more, physiologic systems waver including heart rate and respiration. In the last phases of this condition, the brain stem results in a hideaway-like conduct.
Hyperthermia
Hyperthermia refers to a state of high body temperature brought about by failed thermoregulation. This condition comes about when the body emits or takes in extra heat than it can fritter away. When the advanced body heat levels are adequately high, hyperthermia is a therapeutic urgent situation and calls for urgent handling to put a stop to disability or death.
The most widespread causes of hyperthermia are heat stroke and poor responses to drugs. Heat stroke refers to a severe state of hyperthermia that is due to extended contact with too much heat and moisture. The heat normalizing mechanisms of the body, in the long run, get overpowered and become incapable of efficiently tackling the heat resulting to a hysterical rise of body temperature. The most usual indication of hyperthermia is a hot and dry skin. The skin may turn red and blood vessels enlarge in a bid to enhance heat loss to the surrounding. The lips of a person in such a state may at times become swollen (Axelrod & Diringer, 2008, p. 585). The skin of a hyperthermia sufferer feels dry since their body is not able to cool through perspiration.
Failure of the temperature situation to improve, results to vomiting accompanied by nausea and headaches. This can cause fainting or wooziness, particularly if the victim gets onto his feet rapidly. With continued high temperature levels the victim may get bewildered or aggressive and may appear to be under the influence of alcohol. The rates of respiration and the heart will go up and in the end body organs begin to give in leading to death.
Statistics of environmental deaths in the Texas
The State of Texas in the United States experiences a number of these calamities and this can be attributed to the fact that it undergoes various seasons ranging from hot summers to cold winters. Drowning becomes one of the foremost causes of environmental deaths in the season(s) of summer. Water sports are particularly popular during summer as people are out to keep excessive heat at bay. They thus, spend a considerable time in pools, lakes and oceanfront beaches. The majority of drowning deaths reported usually involves children and is normally more or less than 100 in number. Teenagers and grown up people who lose their lives in such cases are almost a quarter of this with the majority being American males.
Statistics from the year 1991 to 2004 show that there occurred 258 deaths in that period as a result of contact with too much natural heat in Texas. In the same time span, deaths as a result of contact with extremely cold temperatures were to the tune of 137 (Texas Department of State Health Services, 2010). Due to the fact that mortality rates founded on small numbers can be misleading, rates have not been capture by researchers. Heat-related deaths begin mainly from April and peak in August. They then dwindle by October with no reported cases in the months from November again until April.
In the period spanning from 1990 to 2003, Texas reported 52 deaths resulting from lightning. The state ranks second after Florida and this can be attributed to experiences of storms and torrential rains.
Conclusion
Environmental deaths cannot be directly blamed on humans since the causal factors are natural. On the other hand, this does not mean that there is nothing that people can do to reduce and eventually do away with deaths resulting from these natural occurrences. Drowning deaths can be stopped by ensuring that children are not left alone around water bodies. Grown persons who do not know how to swim should be trained appropriately before taking the plunge. Stormy waters should be avoided and well-skilled lifeguards have to be employed around water zones where people go for leisure.
Lightning-prone areas need to have buildings and other structures erected with lightning arrestors. People living in such areas need to be trained adequately on how to ensure they are safe at times when lightning is likely to occur.
The people in areas that experience excessively hot and/or cold temperatures as well need proper enlightenment on how to ensure they are safe during such times.
Reference List
Axelrod, Y., Diringer, MN. (May 2008). Temperature management in acute neurologic disorders. Neurol Clin 26 (2): 585–603, xi.
Ferrell, S. (2010). Summertime Means More Drowning Deaths in Texas. Web.
Mackensen, G., McDonagh, L., Warner, D. (March 2009). Perioperative hypothermia: use and therapeutic implications. J. Neurotrauma 26 (3): 342–58.
National Lightning Safety Institute. (2011). Lightning Fatalities, Injuries, and Damage Reports in the United States. Web.
Texas Department of State Health Services. (2010). Temperature-Related Deaths. Web.
Scientific theories adhere to a series of principles. These theories are testable, probabilistic, empirical, tentative, parsimonious, and general. In addition, they assume cause and effect. Scholars explain the origin of criminal conduct in many theories. This paper draws the theories discussed herein from a radical orientation; they include radical, feminist and critical criminology theories and present principles that alter the existing and traditional views on the development of criminal behaviour in fundamental ways (Walklate, 2007, p. 8). Unfortunately, the radical theories discussed herein do not meet some of the qualifications of a scientific theory; they lack empirical evidence, are difficult to test and unrealistic. In the 1960s, the prominence of labeling theory grew, but it did not last for a long time. Critics disapprove this perspective for being empirically weak and inconsistent with the existing explanations such as the role of criminogenic environments. Critics denounce feminist perspectives for having a stereotypical inclination towards men and lack of empirical support (Barlow and Decker, 2010, p. 216). In addition, commentators argue that the liberal feminist perspective is inadequate because empirical research fails to back its predictions. Empirical studies have recorded an increase in female arrests, in traditionally female deviance, prior to the Women’s Rights Movement. Critical criminology perspective has also been criticized for being unrealistic and lack of empirical evidence (Thaila and Cunneen, 2008, p. 89).
Despite the criticism leveled against radical perspectives on criminology, these theories explain the origin of a crime in a scientific manner. Criminologists have developed most of these explanations using ethnographic and longitudinal studies, randomized experiments and interviews. The labeling views explain that social control efforts ignite the processes that lure a person into a criminal career. They give attention to the conduct of those who react to offenders (Cullen and Agnew, 2011, p. 29). Criminologists have also made new versions of labeling theories to re-energize the social reaction views. The new theories focus on informal reactions, reintegrative shaming and defiance. Ross Matsueda holds that the immediate cause of delinquent conduct is the perception that others hold one as a deviant (Walklate, 2007, p. 21). John Braithwaite proposed that a person becomes deviant if the society makes an effort to shame the individual (Barlow and Decker, 2010, p. 33).
Stigmatizing makes criminal subcultures attractive to the offender (Cullen and Agnew, 2011, p. 42). Lawrence Sherman states that interventions to crime have diverse effects depending on the scenarios. Sanctions against crime yield deterrence, defiance or are not consequential (Walklate, 2007, p. 28). The feminist perspective to criminology, developed in the 1970s, challenged the male-only focus on crime. The theory drew attention to the social circumstances of females’ vis-a-vis men (Cullen and Agnew, 2011, p. 47). Liberal feminists hold that the gender gap in crime exists because the society does not raise girls like boys, and girls do not have the same chance as boys. Radical feminism identifies oppression and criminal victimization of women as the root of female deviance. Between 1960 and 1980, critical criminology gained prominence (Thaila and Cunneen, 2008, p. 84). Critical criminologists hold that power and inequalities are core reasons in understanding a crime. The state creates the criminal justice arrangement to serve the capitalist class while creating poor and minority deviants. Critical criminologists hold that capitalism is the main cause of deviant conduct.
Reference List
Barlow, H., and Decker, S. H. (2010). Criminology and public policy: Putting theory to work. Philadelphia: Temple University Press.
Cullen, F. T., and Agnew, R. (2011). Criminology theory: Past to present (4th ed.). Oxford: Oxford University Press.
Thaila, A., and Cunneen, C. (Eds.). (2008). The critical criminology companion. Annandale: Hawkins Press.
Walklate, S. (2007). Understanding criminology: Current theoretical debates. Berkshire: Open University Press.
The documentary film explains how Aileen’s mental state declined over the years. She was unable to control herself. This documentary also examines the inappropriateness of the decision to execute Aileen Wuornos. Wuornos explains how the prison supervisors tortured her using different techniques such as sonic pressure (Aileen: Life and Death of a Serial Killer). These malpractices altered her status and mental condition. She explains how society made her a bad person. Most of the events in this film portray the challenges faced by Aileen. Some films such as “Monster” and “Aileen Wuornos: The Selling of a Serial Killer” portray most of the murders and crimes committed by Aileen.
Every criminological theory seeks to explain the behaviors and thoughts of criminals. Such theories offer meaningful concepts to understand the origin of every crime. Some of these theories can support the events and facts of Aileen Wuornos as portrayed in the film. The Chicago School is one of these criminological theories. This theory focuses on people’s behaviors. According to this theory, every “physical environmental force and social structure will determine a person’s actions in his or her society” (Schmalleger 34). The theory does not consider the significance of personal traits and genetic makeup.
The Chicago School also considers the relevance of the evolution theory towards supporting people’s behaviors and practices. Members and pioneers of the Chicago School argued that the surrounding natural environment will determine every aspect of the community. Most of the individuals in such a community will portray similar behaviors (Schmalleger 58). The above situation occurs because the environment shapes such behaviors. The film also explains how the surrounding environment and events encountered by Aileen Wuornos played a major role in shaping her behaviors. Most of the problems observed in Chicago such as homelessness and insecurity supported the theory.
The film explains why Wuornos should blame her immediate society. She appears bitter because society forced her to act that way (Aileen: Life and Death of a Serial Killer). She also explains why she committed murder. The viewer observes how Aileen lived in a merciless society. Society also failed to support her needs. She did not get most of the basic needs such as shelter and food. The insecurities in Aileen’s society resulted in crime and rape. Wuornos’ society appears to encourage and support such malpractices. The prisons did not transform every incarcerated criminal. The prisons use different methods to torture every prisoner including Aileen Wuornos. The malpractice also controls Aileen’s mental condition.
The events in the film also explain why it was inappropriate to execute Aileen Wuornos. Aileen was a victim of her environment. Aileen killed men because they raped women in the city. She became a prostitute in order to make a living. She worked hard to overcome every challenge. The Chicago School supports most of these events. Aileen lived in a pathetic environment. Her life was full of bitterness. She did not get any opportunity to make her life better (Aileen: Life and Death of a Serial Killer). The theory also explains how the surrounding environment can influence the behavior of every citizen. The experiences encountered by Wuornos are similar to those of the other people in this city. The film questions the decision to put Aileen Wuornos to death because of her deteriorating mental state. The Chicago School is a meaningful and irrefutable theory that seeks to explain the events and developments leading to the crimes committed by Aileen Wuornos.
Works Cited
Aileen: Life and Death of a Serial Killer. Ex. Prod. Jo Human. New York: Internet Movie Production, 2003. DVD.
Schmalleger, Frank. Criminology Today: An Integrative Introduction. New Jersey: Prentice Hall, 2011. Print.
Investigating a case thoroughly so that the truth could be found out and that the necessary evidence could be retrieved to resolve the issue is a part and parcel of the contemporary legal justice system (Acker & Brody, 2011). However, to retrieve the necessary data in a timely manner, the representatives of the system in question often have to use the shortcuts that might be considered ethically questionable. As a rule, the use of the approach in question is explained by the-ends-justify-the-means philosophy. However, the ethics of Consequentialism might not necessarily have to apply to any justice-related dilemma. Despite the fact that the use of lies, force, and other dubious techniques may be a powerful tool in retrieving the necessary data, it can only be used in the instances that require immediate action and do not imply any other options; otherwise, the very system of justice will be severely compromised.
Issues to Address
Lying
The balance between the search for the truth, which the justice system is geared toward, and the appreciation for the individual’s rights and freedoms, is not to be broken; otherwise, the very foundation of the system will be undermined, as Acker and Brody (2011) explain. Therefore, the use of the techniques that can be defined as ethically questionable should not be considered a part of regular practice (Acker & Brody, 2011).
For example, police or other members of the justice system may resort to lying as the means of tricking the criminal or the person linked to the crime directly to disclose the information about the whereabouts of the hostages and, therefore, save the latter’s life by carrying out a storm of the criminal’s lair and rescuing the people. Although resorting to lies, nevertheless, taints the police in the specified case, the act of corruption can be justified by saving lives. In other words, the members of the police redeem themselves and the justice system by making this sacrifice. The recent plague of perjury that has swept the nation, however, is not to be viewed as an acceptable phenomenon (Denvir, 2016).
Police Violence
The use of brutal force, in its turn, is an even more questionable issue as far as the tools for retrieving the necessary information by all means possible are concerned. Unfortunately, recent studies indicate that the U.S. legal system is not completely secure from the abuse of power and the application of brutal force for retrieving the necessary information. Police brutality may be viewed as the inevitable evil, which is used when there are no other ways of getting the required data from the criminal. Similarly to the example provided above, the use of force can be justified when the time is pressing, and there are no other ways of acquiring the necessary information fast (Denvir, 2016).
However, one must admit that recent cases point to the abuse of power among the representatives of the American legal system as far as the use of force is concerned (Acker & Brody, 2011). Specifically, its excessive application, especially when used against the representatives of a particular ethnicity, may spark a large social conflict. Furthermore, the disregard for the primary ethical principles, especially as far as the virtue ethics is concerned, is likely to tear the very fabric of the society and the justice system apart: “In a number of closely watched cases involving the deaths of young black men, police have been acquitted, generating uproar and concerns about equal justice for all” (Winbey & Kille, 2016, par. 2). Therefore, the subject matter seems to have become a significant impediment to promoting justice in society.
Conclusion
One must admit that meeting the requirements of the justice system (i.e., punishing the criminals and providing them with an opportunity to redeem themselves) is barely possible because of the time and resource constraints. To acquire the necessary information within the shortest amount of time and reducing the threat of more victims emerging in the process, the members of the justice system need to resort to rather harsh measures, which are incompatible with the contemporary ethical and moral principles. However, the situations in which the basic ethical concepts are violated should be an exception to the rule rather than a regular occurrence. For these purposes, the framework for the members of the legal system to operate must be created. Primarily, the tools for performance enhancement, such as the introduction of new information management tools, must be provided so that the process of data retrieval should not require violence, lying, or any other action that can be viewed as ethically questionable. Furthermore, it will be necessary to build a system of ethical principles that the members of the justice system should be able to accept as part and parcel of their job. Once the appropriate leadership tools and strategies (e.g., transformative leadership) are used to alter the existing justice system, one will be able to address the emergent ethical dilemmas properly.
Reference List
Acker, J. R., & Brody, D. C. (2011). Criminal procedure: A contemporary perspective. New York, NY: Jones & Bartlett Publishers.
This report is aimed at examining the case of George Zimmerman which attracted the attention of many journalists, lawyers, and politicians. In particular, it is important to examine various aspects of this criminal investigation that eventually prompted the verdict of jurors. Much attention should be also paid to the way in which the evidence was examined. Moreover, one should focus on the arguments presented by defense attorneys and prosecutors.
These are the main questions that should be discussed. Overall, it is possible to say that this particular case illustrates the importance of forensic analysis because the absence of conclusive evidence is one of the reasons why this case continues to be debated by many people who believe that the acquittal of Zimmerman can be explained primarily by racial prejudices.
At first, one should examine the events that preceded the trial and the criminal investigation. George Zimmerman was accused of murdering an unarmed teenager Trayvon Benjamin Martin. He was charged with the second-degree murder (Wieland, 2014, p. 24). It should be noted that at the beginning, the accused person was not arrested because his behavior was classified as self-defense by police officers. He was arrested and accused of murder only after numerous protests (Brown 2013).
Moreover, one should remember about the existence of stand-your-ground laws according to which a person is not obliged to avoid a violent confrontation or retreat in any way (Fair, 2014). Moreover, it is legally permissible to use weapons if an individual has reasons to believe that his/her life is threatened. Moreover, under such circumstances, prosecutors must prove beyond doubt that the accused exceeded his/her self-defense. Thus, the results of criminal investigations were vital for jurors who needed to evaluate the defendant’s conduct.
Overall, the main goal of investigators was to determine whether George Zimmerman had a right to use firearms against Trayvon Martin. For this purpose, the investigators examined different types of evidence such as fingerprints, traces, gunshot residue, and DNA. However, these clues could not show whether the defendant had a right to use firearms. More attention was paid to audio recordings that could throw light on the conflict between Zimmerman and Martin. One should bear in mind that there were several 911 calls which were made during this confrontation because neighbors could hear loud voices.
In particular, some of the witnesses stated that they could hear cries for help (Roberts, 2012, p. 89). Both prosecutors and defense attorneys focus on the recordings of emergency calls because they could capture the voices of Zimmerman and the teenager. The main problem is that technical experts were not able to make a definitive statement about the background voices because the quality of recordings was rather poor. Additionally, the number of sounds was not sufficient for passing a judgment. This is why this evidence was not considered reliable. These are the main aspects that should be taken into account. One should keep in mind that there were no direct witnesses of this event, thus, recordings could play a critical role in the investigation (Roberts, 2012).
It should be mentioned that researchers examined other types of evidence; in particular, they focused on the injuries sustained by the defendant, and the traces of gun powder. This information was necessary because the investigators wanted to estimate the distance between Zimmerman and Martin. Moreover, there were evidence of fight between the defendant and the victim. The wounds on Zimmerman’s face were viewed as the circumstantial evidence in support of the defendant (Brown 2013). To some degree, this information could also shape the verdict of jurors.
At the end, the jury came to the conclusion that Zimmerman did not exceed his right to self-defense. Therefore, he was acquitted of charges. One should also mention that the existence of stand-your-ground laws lifts the burden of proof from the defendant. In other words, this individual does not have to show that he/she had sufficient reasons to use firearms. In this case, it is the duty of the prosecutor to demonstrate that the defendant was not justified in using weapons.
This is one of the points that the defense attorney stressed. In turn, this evidence was not provided by prosecutors who only argued that Zimmerman misjudged Martin’s behavior and emphasized the age of the victim. So, lack of direct evidence is one of the reasons for Zimmerman’s acquittal. The main problem is that this case gave rise to indignation of many people who believed that the court did not do justice to the victim. This reaction was the main consequence of the trial.
On the whole, this discussion indicates that this criminal investigation involved the study of different types of evidence. Much attention should be paid to the validity and quality of audio evidence which was presented to the court since it could provide guidance to the jurors. The main issue is that that the absence of definitive evidence gave rise to numerous debates about the decision of the court. These are main details that can be distinguished.
Reference List
Brown, O. (2013). The legal murder of trayvon martin and new york city stop-and-frisk law: America’s war against black males rages on. Western Journal of Black Studies, 37(4), 258-271.
Fair, M. (2014). Dare defend: standing for stand your ground. Law & Psychology Review, 12(20), 153-176.
Roberts, J. (2012). Deadly force and the right of self-defense: stand your ground laws. Forensic Examiner, 22(1), 89-92.
Wieland, J. (2014). A Jury of One’s Peers: What it is; How it is Changing; and Why it is Important. Advocate, 57(5), 24-29.