Principles of Justification and Excuse in Criminology

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 won’t 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 man’s 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

Criminology: Strain Theory and Broken Window Model

Introduction

Criminal activities cause significant threats to the people and even national security. In order to effectively understand and explain why some individuals opt to participate in wrongdoings, several philosophers developed various criminology theories to enable law enforcement units to decode the operations of such persons. Over the years, crime has been rising, and many people have suffered the consequences, which include theft of valuables, killings, physical assaults, and even sexual harassment. However, with the models in use, police are able to identify possible risk factors that influence offenders to engage in the offense. In addition, the theories expound on how the actions are undertaken and further elaborate on why some regulations and created and made obligatory. Having proper insight into criminal behavior is essential in facilitating the ability of law enforcement officers to curb and manage the rising crime rate. Various philosophies offer distinct approaches and solutions to illegal acts. By comparing and contrasting the implications of the Strain Theory and Broken Window model, police officers can formulate effective ways of preventing criminal behavior in society.

Over the years, police officers have relied on the criminology models to give them insight into the causes of crime in societies. Law enforcement units have formulated a number of policies to aid the operations geared toward preventing illegal acts (Gottfredson, 2018). Sometimes it is challenging to comprehend what prompts individuals to engage in criminal acts. However, with the various philosophies, including social and psychological, it is easier to have genuine reasons.

The Strain Theory

The Strain Theory was coined around the 1930s by an American Sociologist known as Robert Merton. Based on the argument proposed by Merton, individuals are more likely to engage in criminal acts due to pressure and strain (MacNeill et al., 2021). According to scientists, stress is caused by different factors within society. Some of the key contributors are social aspects, including limited income, inequality in resource distribution, and poor education, which have the potential to push people to involve in committing an offense. The Merton ideas were further supported by the American criminologists Albert Cohen and Lloyd Ohlin, who believed that social factors are influential in making individuals engage in the illegal act to meet their needs.

Generally, the concept of Strain Theory explores deviant conduct as an unavoidable outcome of the pressure people encounter, primarily when they cannot obtain what their cultural context values. People perceive different societies with various determinants of success as necessary, and almost every individual strives to attain respect (McKenna et al., 2020). For instance, the western culture has a high value on economic progress; however, only small section of the public has the ability to access wealth. Failure of some persons to achieve their goals, especially in the lower class community, prompts such people to adopt and use unscrupulous means to obtain the resources deemed necessary by society.

In order to make a proper conclusion about the concept of Strain Theory, Merton reasoned from a specific point of view to a general perspective. The Sociologist relied extremely on statistics to deduce and assert the assumptions to support the arguments. Merton categorized the criminal data by social classes to generate proper insight into how the strain and pressure experienced by different groups impact their deviant behaviors (Barbieri et al., 2019). Based on the findings made by Merton, people from communities that are deprived of economic resources have the tendency of committing crimes such as theft, robbery, and other forms of a felony that grant the acquisition. Merton concluded that when individuals cannot acquire the economic factors in a legitimate manner to achieve their financial success, the likelihood of formulating dodgy ways to attain progress is high. The need and pressure thus motivate such persons to engage in offenses punishable by law.

Based on Merton’s arguments, individuals have different ways of responding to the strains they encounter. They can conform to the already outlined cultural goals and pursue them through the means prescribed by the community. This perspective is termed conformity because individuals function as per society norms (MacNeill et al., 2021). In some cases, due to the pressure to attain the objectives, people may opt to become innovative and devise their own means of achieving society’s goals. Individuals in this category rely on unapproved measures to obtain culturally valued goals. For instance, a person may choose to sell illegal substances to generate financial security. Furthermore, Merton grouped people as rebellion whereby they may tend to reject the cultural objectives and the stated means of accessing them, and then they replace the criteria with entirely different approaches. Moreover, some individuals respond to the society strains by retreatism, whereby they discard cultural goals and ways of achieving them, then formulate means of escaping. Lastly, another category of people may act in a more modest way which involves relying on the same means allowed by society to obtain less of the objectives.

Understanding the Application of Strain Theory

In most cases, individuals marginalized by the aspect of racism have a high probability of experiencing strain because they have the same culturally valued objectives as their counterparts in society. However, they find it significantly challenging to attain the goals following systematic inequalities that deny them the opportunity to explore and exploit the available resources. In order to remain active and achieve economic success, individuals tend to involve in criminalities such as white-collar crime. The mentioned type of offense is primarily common at the corporate level, whereby the executive members might opt to engage in fraudulent acts such as conducting an inside business to make them additional income.

In addition, in a consumerist and capitalist society, the public considers economic success as a form of positive identity. Therefore, individuals strive and work hard to enable them to reach either middle or upper-class status in the community. The majority depends on education as a leeway towards achieving social rank. However, some people in society do not have the privilege of accessing quality education or better employment. Issues such as gender, sexual orientation, race, and class play a significant role in determining the chance of a person to progress through the socioeconomic ladder (Skoczylis & Andrews, 2022). The people who are unable to climb the social class experience pressure and strain that motivate them to practice criminal acts such as conning vulnerable individuals in the community. The engagement aims to increase their ability to obtain what society has deprived them of acquiring on fair terms.

Limitations of Strain Theory

The Strain Theory focused majorly on the felonies committed by people having low no income. It did not provide further explanation about the existing white collar crimes undertaken by an individual who has the ability and necessary opportunities to achieve the culturally valued goals in a more legal way. The perspective makes the concept to lean on side of the society. In addition, the sociologist did not provide reason about the wrong doings aligned to the gender of a person. In other words, it covered individual behaviors rather than ground responses.

The Broken Window Theory

The broken window theory is a criminology model that is used to construct and make an assertion about possible causes of criminal acts in society. The philosophy is a form of parable that depicts the aspects of the community that fuels the ability of individuals to engage and commit serious offenses (O’Brien et al., 2019). The concept was developed by scientists named James Wilson and George Kelling. According to Wilson and Keling, the model associates offense with visible signs of crime, civil disorder, and anti-social conduct. Both Wilson and Kelling assert that an environment that natures the mentioned aspects encourages crime events. In relation to the Broken Window idea, when the law enforcement unit formulates and applies policing methods directed towards petty offenses such as public drinking, vandalism, fare evasion, and jaywalking, they develop a lawful atmosphere.

In real life, the Broken Window model has been applied by police officers on various occasions, such as stop-and-frisk. The approach is aimed at promoting order in the community to ensure wrongdoings are controlled and reduced effectively. Based on the theory, it is vital for the law enforcement team to correct and tame lousy behavior in the early stages before they grow into large practices (O’Brien et al., 2019). In other words, the philosophy encourages police officers to tackle minor problems such as property destruction before such habits escalate to significant crimes such as killing people. In relation to the broken-window ideology, when the broken part is repaired early, it will stop other sections from unnecessary cracking. Therefore, it implies that taming illegal conduct before they grow is a powerful strategy that is applicable and efficient in managing and controlling the prevalence of criminalities in society.

Based on the Broken Window model, there are three key aspects that enable the urban setting to influence crime. The elements constitute social signaling and signal crime, conformity and social norms, and adequate or lack of monitoring. The mentioned facets are significant and play an important role in determining the state of criminality in a given area. Examining and understanding each of the aspects makes it easier for the authority and other responsible agencies to prevent possible illegal activities in the community.

Generally, when there are no people or only a few individuals available in society, the aspect of monitoring and social values are not clearly defined. In such situations, an individual will tend to examine possible signals that are within the area, such as social norms, and weigh the risks associated with being caught engaging in violating the rules. For instance, a person may evaluate the general appearance of the place to make a decision whether to involve in a crime or restrained. Supposing the environment appears to need and maintained in order, the suspect will assume that the setting is under tight supervision. In case of an attempt of any felony, the likelihood of being caught is high.

Based on the arguments of both Wilson and Kelling, the nature or setting of the environment directly communicates to the people around such landscapes. In other words, offenders understand the reasons associated with the appearance of a given environment (Jiang et al., 2018). For instance, when there are broken windows in the neighborhood, suspects perceive the region to be lacking the required social norms, and thus they do not care and are unable to prevent criminal events. The status implies how the community is vulnerable and defenseless. Furthermore, it displays a lack of cohesion among the people in the surrounding, thus giving criminals an added advantage to terrorize the given environment.

In addition, the Broken Window theory argues about the social disorders in society. Based on the argument of Wilson and Kelling, issues such as noisy neighbors and gathering of adolescents along streets are regarded as deviant behavior that predicts a lack of social norms. When the mentioned aspects increases, the citizens become fearful of the possible criminal acts that are threats to their wellbeing. A change in community culture is detrimental to society, making the unwanted people thrive and become a menace to the overall population. In other words, the interactions of individuals with space are vital and influential in decision-making. The figure below depicts a broken window that criminal may perceive as a form of disorder in the community.

Figure 1: Broken Window

Understanding the Application of Broken Window Theory

Based on the assertions of the Broken Window model, some kid of criminalities can be directly linked to various types of physical and social disorders. For instance, offenses such as assaults, thefts, burglary, and robbery are associated with neighborhood disorder (Jiang et al., 2018). This aspect makes the theory to be relevant in application to determine and explain the causes of crimes in society. By analyzing each element, including social conduct, the philosophy provides an adequate ground to identify ways of preventing felonies.

Weaknesses of the Broken Window Theory

Despite the effectiveness of the Broken Window Theory, the philosophy deals majorly about the poor neighborhood whose characteristics include broken windows that may imply inability to replace. In other words, the concept targets the socioeconomically challenged group and do not give attention to other category of people especially the rich people. The law enforcement unit is more focused on the homeless and less fortunate individuals. In addition, the model does not provide enough evidence to support whether a disorder in the society when left unchallenged can influence crime.

Comparing Strain Theory and Broken Window Model

Based on the two constructs, they share a number of similarities in their context. In both models, it is clear that crime is facilitated and influenced by a preceding factor that exists in society. In the case of Strain Theory, pressure due to the inability to achieve culturally valued goals prompts individuals to formulate unapproved ways of obtaining the necessary resources. The same perspective is evident in the Broken Window model, whereby either social or physical disorder sends a signal to the suspect to enable them to commit the intended crime. Supposing the facets that promote determine the possibility of engaging in crime can be prevented, then the likelihood of having severe and numerous offenses will be reduced significantly. When the contributing factors for both models remain unchecked, the rate of criminalities has the potential to increase, which is harmful to the well-being of the general society.

Both concepts are helpful in enabling law enforcement units to uncover the possible causes of crime in society. In other words, they provide a reference that police officers can rely on to speculate and determine the reason why the misconduct happened. In addition, the theories examine the nature and context of the society ranging from social norms to socioeconomic perspectives, thus making it easier to connect how the community is impacted. This implies that supposing the values of the community are broken, society becomes vulnerable to criminal activities.

Despite the similarities between the two theories, Strain and Broken Window philosophies diverge significantly in some aspects. For instance, when society fails to offer the necessary goals to the people, according to the Strain theory, individuals will be prompted to act in deviance. People will have to find alternative ways to achieve culturally valued objectives irrespective of the approved means by society. On the other hand, the Broken Window concept ties vandalism to potential risks (Yates et al., 2022). In other words, when criminals observe an environment with signs of destroyed properties, they assume that the community is less concerned; therefore, in the event of a felony, they will not be bothered to trace the offenders.

Applications of Criminology Theories in Crime Prevention

Both the Strain and Broken Window models are essential in the prevention and formulation of policing methods that are aimed at reducing criminalities in society. The philosophies give the police a basis to begin their investigation to determine the cause and reason behind the criminal conduct. For instance, Strain enables the law enforcement unit to link the nature of the felony to the economic status of the given area where the felony is committed. Similarly, the Broken Window provides proper insight into the social and physical disorder in the area of crime. When all the factors are placed together, it becomes easier for the authority to make a conclusion and a recommendation to stop future wrongdoings.

When borrowing from the Broken Window theory, authorities can enact policing methods that directly target minor offenses in society. When such an approach becomes practical and applicable, society will be reformed and have proper order, thus eliminating the possibility of significant and serious crimes. The police must correct petty misconduct and align the social norms before it grows to another level (Ren et al., 2019). For instance, executing night patrols and traffic checks are some of the measures that, when undertaken, the community will regain the required values, suppressing evil deeds.

The Strain Theory is helpful in creating programs that allow people to retain their valued goals. For instance, youth delinquency can be prevented when a policy prevents adolescents from bullying each other. When such measures are taken, the individuals will not have cases of stressors that might prompt them to engage in criminal acts (Isom Scott et al., 2020). In addition, law enforcement is able to establish an environment that embraces equality, and individuals are being treated the same despite their skin color. Such aspects have the ability to lower possible emotional concerns that can prompt a person to respond negatively.

Conclusion

Understanding the various theories of criminology is essential in establishing proper measures to reduce crime in society. Both the Strain and Broken Window models examine factors that prompt people to engage in a felony. When the law enforcement unit examines the philosophies, it becomes easier for them to deduce and formulate practical approaches that prevent crime. For instance, when the police deter youths from being in the streets at late hours, individuals will perceive the existence of order in such an environment, thus demoralizing their intent to commit an offense in such settings. Therefore, from the insights provided in each notion, the police have a higher chance of dealing with different forms of crime effectively and efficiency.

References

Barbieri, N., Clipper, S. J., Narvey, C., Rude, A., Craig, J. M., & Piquero, N. L. (2019). Assessing general strain theory and measures of victimization, 2002–2018. Aggression and Violent Behavior, 49, 101304.

Gottfredson, M. R. (2018). General theory and global criminology: Childhood environments, problem behaviors, and a focus on prevention. Asian Journal of Criminology, 13(4), 347-365.

Isom Scott, D. A., Whiting, S., & Grosholz, J. M. (2020). Examining and expanding Latinx general strain theory. Race and Justice, 2153368720930409.

Jiang, B., Mak, C. N. S., Zhong, H., Larsen, L., & Webster, C. J. (2018). From broken windows to perceived routine activities: Examining impacts of environmental interventions on perceived safety of urban alleys. Frontiers in psychology, 9, 2450.

MacNeill, T., O’Connor, C., Frederick, T., & James-Charles, E. (2021). From strain theory to the capacity to aspire: A contribution to the cultural political economy of development. Community Development, 52(3), 286-304.

McKenna, N. C., Golladay, K. A., & Holtfreter, K. (2020). Integrating general strain theory and trauma-informed principles into the study of older adult victimization. Journal of Trauma & Dissociation, 21(2), 187-200.

O’Brien, D. T., Farrell, C., & Welsh, B. C. (2019). Broken (windows) theory: A meta-analysis of the evidence for the pathways from neighborhood disorder to resident health outcomes and behaviors. Social science & medicine, 228, 272-292.

Ren, L., Zhao, J. S., & He, N. P. (2019). Broken windows theory and citizen engagement in crime prevention. Justice Quarterly, 36(1), 1-30.

Skoczylis, J., & Andrews, S. (2022). Strain theory, resilience, and far-right extremism: The impact of gender, life experiences and the internet. Critical Studies on Terrorism, 15(1), 143-168.

Yates, D., Bērziņa, D., & Wright, A. (2022). Protecting a broken window: Vandalism and security at rural rock art sites. The Professional Geographer, 74(2), 384-390.

Institutional Review Board in Criminology

Introduction

The FDA regulatory standards describe Institutional Review Boards, also known as research and ethics committees, as a group of individuals formally assigned the role of monitoring and reviewing biomedical research, particularly those involving human subjects. According to the FDA, an IRB is mandated to disapprove, approve, or request modifications to research approaches, to ensure that researchers conform to ethical guidelines on research subjects. As a result, the ultimate purpose of an IRB is to secure the safety and well-being of human research subjects recruited in behavioral and biomedical research. Moreover, IRBs limit researchers from observing ethically valid and scientifically reasonable research. Therefore, the following essay discusses the importance of IRB in criminology and criminal justice research.

Discussion

IRBs serve a principal purpose in the safety and well-being of individuals participating in research as subjects. According to Bachman & Schutt (2013), research designs can incorporate various test approaches, some of which might not be in the best interest of their participants. Additionally, some research approaches might pose increased risks to individuals without scientific justification. As a result, Institutional Review Boards conduct mandatory assessments and evaluations on research projects and designs to limit any psychological, physical, social, and legal risks to the participants. However, if a researcher or group of researchers decided to conduct research with uncertain implications, with the potential to harm their participants, the IRB evaluates the associated study approaches to justify the scientific basis of the arguments and ascertain the participants’ informed consent (Hottenstein, 2018). For example, researchers investigating the impact of a particular drug on body functions or human mental functions cannot promise positive results on subjects as their tests might lead to adversities. However, the IRB can assess the risk levels and either approve or reject a research proposal based on their judgment.

In addition, IRBs are important because they protect human and animal rights by ensuring that research initiatives are in line with state, federal, and ethical stipulations. As such, IRBs limit researchers and scientists from carrying out unjustified research or adopting unethical practices during the research process. Ethics in research is a topic that has received notable attention over the years because of increased reports of research projects disbanded because of ethical violations in their designs. Bachman & Schutt (2013) suggest that researchers dealing with animal and human subjects often encounter several dilemmas because of conflicting moral principles and limited solutions to eradicate risks. As a result, they may carry on with research activities regardless of moral obligations, thus interfering with the credibility of their research. Nonetheless, IRBs carefully scrutinize research proposals and techniques used in the research to ensure that they adhere to ethical guidelines and acknowledge the rules of handling animals and human beings for the best outcomes.

Conclusion

Research plays a major role in uncovering solutions to various human issues and informing society of the causes of adversities. However, research involving human subjects receives notable criticism because of its high risks and uncertainties. Nonetheless, Institutional Review Boards play a crucial role in ensuring the safety of research subjects as they are mandated to assess the approaches adopted in the research and either approve or reject its commencement. Moreover, IRB evaluates the standards observed in research to ensure that they meet ethical guidelines and are in the best interest of humanity. On that account, IRBs serve an unmatched role as they limit crises due to research and associated projects.

Reference

Bachman, R., & Schutt, R. K. (2013). The practice of research in criminology and criminal justice. Sage.

Hottenstein, K. N. (2018). American Institutional Review Boards: Safeguards or censorship?. Journal of Research Administration, 49(1), 31-42.

Larry Siegel’s “Criminology: The Core”

Introduction

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.

Mara Leveritt: Crime Investigation in the ”Devil’s Knot”

Introduction

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 Christopher’s 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 boy’s parents had reported a missing child in the early evening of the kidnap. This was Christopher’s 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 boy’s 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 child’s 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 Steve’s body downstream and recorded savage marks to his face as well as biting. He too held the backward position as Michael’s. On the retrieval of Christopher’s body, the officers noticed that all of them held the same position, submerged into the mud. Christopher’s 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 body’s 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 river’s 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 boy’s 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 Michael’s 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 Damien’s therapist reflected an account of his claims to gain power from drinking people’s blood.

Works Cited

Leveritt, Mara. Devil’s Knot. The True Story of the West Memphis Three. New York: Cengage Learning, 2003. Print.

The Role of Politics in Criminology

Introduction

The role of politics in criminology and laws cannot be underestimated in the modern world. Bureaucracy is an essential part of the process of analyzing the evidence-based materials. This is the reason why the government significantly influences the approach of criminologists as it controls the standards of their work. The state officials establish rules that are hard to be changed in the short period of time that makes the implementations of innovations in this sphere a challenging issue. Historical past – values, traditions, and even customs – has a crucial impact on the functioning of the judicial system. The purpose of this paper is to investigate the effect of the power structures on criminology and its approaches in the analysis of evidence and making decisions.

The Impact of Traditions in Judicial System

Throughout time communication between ordinary people and the representatives of the authorities were controlled by specific rules that played a significant role in establishing the relationships between the two groups. For example, if a person came before the judge to the court, he had more chances to win the process (Radizinowicz, 3). This action was considered as a demonstration of respect and, at the same time, submission.

The influence of the traditions and customs should not be underestimated as in the past it was the obligatory requirement to win a trial. Moreover, it increased the probability of the victory without any correlation with the committed crime itself (Radizinowicz, 3). In the circumstances of the modern world, where human dignity and the equity of people are highly evaluated values in developed countries, these rules are perceived as intolerant and discriminative. Nevertheless, it is necessary to point out that the formalities in communication with the representatives of the government still affect the judicial procedures (Fleury, 4). For instance, there are punishments for deviant and inappropriate behavior in the court. It is forbidden to talk in a loud way or to express personal opinions and suggestions. The customs and specific historical aspects have a noticeable impact on the behavior rules during the judicial process.

It is possible to suggest that the role of innovations is perceived in a particular way in the field of criminology. In earlier centuries physical punishments were one of the most widespread ways to solve the problem (Radizinowicz, 12). Nowadays in many countries this approach is forbidden. That is supposed to be the progress in this sphere. However, it is necessary to concentrate not only on specific actions but also on the methodology of the decision-making.

It can be assumed that the way of passing a judgement did not change in a significant way. The traditions of respect and the role of the political system are a part of the judicial system. Court depends on the governmental perspectives and rules established by the state officials in order to save the power and to control the inhabitants of the state. In conclusion, traditions did not change only in the process of decision-making performed by the judge but also in causes of the penalties. It leads to significant changes in the freedom of expression and the functioning of media sources.

There are fewer physical punishments but there still exist criminal cases concerning the freedom of speech and expression. People suffer because of tweeting or posting on Facebook inappropriate information and their personal opinion. Media functioning is influenced by the specific laws and total control of the government. It is necessary to point out that, in some situations, the freedom of speech leads to the decrease of the level of trust towards the government. That is why they have to control where and how people express their thoughts and ideas. In many countries the freedom of speech is often violated as there is no “bargaining chip” from the position of the nation.

Crime as a Demonstration of a Deviant Behavior

One of the most vital responsibilities of the government is providing safety and comfort to the citizens of the country. The court plays a crucial role in implementing this duty into real life. Patten claims that criminologists may even predict the specificity of the crimes and punishments taking into consideration the political situation and its changes in the state (32). The criminal act is considered as an example of deviant behavior. This idea helps the government to explain ordinary people why the judicial system is beneficial for their safety (Patten, 23). In this case, it is crucial to highlight that the state officials have the power to decide which behavior is not appropriate in the existing system of values and wealth (Fleury, 4). The government has a monopoly on the majority of rules and laws: it is hard to influence without being a part of governmental system.

Social and political sciences are crucial for investigating the processes in the sphere of criminology. Fleury maintains that crime control depends significantly on public policy. It is possible to assume that the society and the governmental system become less democratic as the freedom and the rights of people are regularly violated in the modern society. The representatives of the authorities often consider crime as a social harm. However, it is crucial to point out that these terms have diverse meanings (Hillyard, 9). The author of the article claims that the notion of social harm is not more legal than the offence, but it provides more justice and more objective overview of the situation (Hillyard, 23). In this case, the principles of public good should be taken into consideration.

If there is no harm to the inhabitants of the country, their comfort and safety, there is no need to perceive the action as a crime. Hillyard highlights the fact that criminology is based on radical and critical methods of examination (22). The political and historical factors must be analyzed in order to support this hypothesis. The authorities were always interested in supporting their power and establishing the rules and the laws that would be beneficial for their goals.

Evidence-based information should not be underestimated in the sphere of criminology. Barnes and his colleagues claim that the lack of objectivity in this field may be the consequence of the absence of the particular facts (384). Formal data cannot be verified; that is why criminologists have to make a narrative in order to understand the motivation of the criminal and investigate the plausibility of the offence and the verdict.

Conclusion

Government plays a crucial role in the judicial system in the 21st century. On the one hand, the court is one of the most conservative places with laws and rules established centuries ago. On the other hand, the authorities control all the innovations in this field in order to save the power of making decisions and monitoring the verdicts. Criminologists have to pay more attention to statistics and its causes and consequences. Analyzing the narrative is crucial as it helps to verify the objectivity of the judge. The role of values and traditions is still high in this field, which decreases the level of equality and honesty. It is possible to suggest that the best solution to this issue would be restricting the access of the government to the decisions made by the judge and to the rules in the judicial system.

Works Cited

Barnes, James, et al. (2020). “How Powerful is the Evidence in Criminology? On whether We Should Fear a Coming Crisis of Confidence.” Justice Quarterly, vol. 37, no. 3, 2020, pp. 383–409.

Fleury, Jean-Baptiste. SSRN, 2019, pp. 2–30, Web.

Hillyard, Paddy, and Steve Tombs. “From ‘Crime’ to Social Harm?” Crime, Law and Social Change, vol. 48, no. 2, 2007, pp. 9–25.

Patten, Daniel J. “An Unfinished Journey: The Evolution of Crime Measurement in the United States.” The Hilltop Review, vol. 8, no. 1, 2015, pp. 23–34.

Radizinowicz, Leon. Ideology and Crime: A Study of Crime in Its Social and Historical Context. Heinemann Educational Books, 1966.

The Comparison of the General Methods in Criminology

Criminology uses many different methods to acquire and consider the evidence. The main research tools in this field are experiments, surveys, and participant observation and interviewing. In most cases, these methods are used together, which ensures, first of all, the objectivity of the information received. However, sometimes each tool is useful for getting different details of the circumstances that comprise the whole picture. Each of the methods has its own strengths and limitations and differs from each other in terms of purposes and results.

Experiments are most widely used in the investigation of the details of crimes, although they are the most complex. The main strength of this approach is the possibility of acquiring objective data about the circumstances of the case (Bachman & Schutt, 2020). At the same time, many organizational subtleties, as well as procedural protocols, must be observed in order to conduct experiments. Thus, the risk of making an error if the necessary processes are not followed in the experiment is high. In comparison with other methods such as surveys, as well as participant observation and interviewing, the experiment allows you to acquire the most objective data. Moreover, the evidence obtained as a result of the experiment is more reliable in the investigation, as it allows you to get more objective information. However, compared to other research methods, experiments require special equipment and the involvement of experts; they are also time-consuming.

Surveys are the most common research method used in the field of criminology. This is explained by the fact that this approach allows one to acquire a relatively wide set of objective evidence in the case, as well as less complex in procedures in comparison with experiments (Bachman & Schutt, 2020). Surveys are used to obtain information directly from the participants in the crime, including the victim, perpetrator, or witnesses, which allows you to obtain the necessary evidence in the case. Compared to experiments, this method is easier to implement but also requires careful preparation. In comparison with observation and interviewing, this method helps to acquire more comprehensive and objective information. In particular, the investigator needs to create a set of questions that could reveal the necessary details of the case. The main strength of this approach is the possibility of obtaining new information on the case, as well as the disclosure of significant details. However, the limitation is that survey participants can be biased, not remember or have the wrong idea about details, and try to hide information.

Participant observation and interviewing are used to carefully examine behavioral patterns and identify suspects and motives for a crime. Participant observation assumes that the investigator is introduced into the group to identify suspects (Bachman & Schutt, 2020). The interview also helps in obtaining data when communicating with group members to identify suspects and details of the case. The main limitation of this approach is that this process often takes months and can also be easily interrupted in the event of disclosure of the investigator. The strength of this method is the ability to obtain many useful details, as well as direct evidence. At the same time, in comparison with experiments and surveys, this tool is longer in time and can also be endangered when suspicions arise in a group. At the same time, in comparison with other methods, this approach allows you to acquire the widest range of evidence that can later be used for investigation using other research tools.

Reference

Bachman, R. D., & Schutt, R. K. (2020). The practice of research and criminology and criminal justice. SAGE.

Different Types of Criminological Theories

The Deterrence theory

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 state’s 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 society’s processes of functioning as a whole. The growth of crime is the negative consequences of such phenomena of the modern stage of society’s development as the scientific and technological revolution, the processes of urbanization, population migration, and the media’s 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 one’s actions, who is the adolescent’s authority. A person’s 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 perpetrator’s 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 crime’s 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 attacker’s intentions. It is concerned with a situational approach in criminology and crime analysis.

The Art of Criminal Investigation

Introduction

The art of criminal investigation is very crucial in solving criminal cases and ensuring that justice and fairness is achieved for victims of crime. Criminal investigation is not limited to the police department but it is also used in the justice system to determine criminal cases. During the investigation of a crime, very many techniques and technologies are used in assisting the police to come up with a conclusive report against a suspected criminal. In the winding up of a criminal case the police or investigators have to come up with evidence and circumstantial proof that there is certainty in the crime report(s) they present (Tong 42).

In this case we are going to consider techniques and approaches that are used in solving crime. This report is going to examine the case of the ‘Boston Strangler’; the case involves sexual assault and subsequent murder of 13 women from the Boston area. In the case of the ‘Boston Strangler’ I was brought in as an investigator by the Boston police department to assist in solving the case when it became apparent that the homicide carried out was of a complicated nature. The circumstances that led to me being brought into this case were that I had worked on several homicide cases and due to my expertise in forensics I had the capability of capturing the ‘Boston Strangler’.

Initial Investigation

The techniques of solving a crime are varied, in almost all crimes forensic science is used. Forensic science is the art of solving crime by use of techniques like forensic science, during this case I went to the first murder scene after the murder of the sixth victim. The victim was a young black woman by the name of Sophie; she had been killed 3 months after the first victim a 55year old woman was killed. Sophie’s murder was not common in that she was young compared to the other five victims, who were aged. The first step I took was to secure the crime scene and I took a chronological log before assessing the crime scene.

Then I took a look at the scene of the murder, together with other officers working on the case we search the crime scene for evidence using various search methods. We conducted point-to-point searches and used other search techniques including narrowing in for any unusual activity, the search was conducted in the lady’s apartment but the main centre of focus was the bedroom were the crime occurred (Becker 124).

After securing the crime scene, we collected evidence from the crime scene and all evidence was recorded and kept safely in the plastic bags. I accounted for all the evidence collected and I signed my name against the evidence collected. Most of the evidence was collected from the victim. The victim had been bore marks of physical struggle and her neck had been strangled by stockings and her ears had been bit. All evidence including the stocking, blood stains and the crime scene was dusted for fingerprints. Evidence collected from the crime scene of Sophie’s murder was transported to the lab for further investigation accompanied by a report.

We finally conducted a final survey of the crime scene and ensured all evidence was collected and that no equipment was left in place. The body’s victim was taken to the forensic lab for further investigation while we dealt with the media, we informed the media of the crime committed, victim’s identity and that no suspects had been arrested.

From the crime scene of Sophie’s murder, we had to establish circumstantial evidence and in this case no blood was found. The only circumstantial evidence that was found was an old stocking that was wrapped around the victim’s neck and lab results showed that the victim had indeed been sexually assaulted. During the investigation of this murder, a witness came forward who was the victim’s roommate. She was the one who found the victim’s body and informed the police.

We at the Boston police force made a plea to all witnesses who knew anything on the case to come forward and give their testimony. Sophie’s roommate testified for having been out when the murder of Sophie took place and we checked with other witnesses but nobody witnessed the crime. Important and circumstantial evidence that was found at the crime scene were imprints of fingerprints on the victim’s body and semen was found on the victim’s to suggest likely cause that the victim was sexually assaulted. Also hair was collected from the crime scene for further identification.

During the period when investigation was going on and lab tests were being conducted, another victim was killed three weeks later. The victim was a 23year old white woman by the name of Patricia and she had been killed at her apartment. The circumstances under which the new victim was murdered closely resembled the murder of Sophie, both victims had been strangled using their personal effects in this case their stockings.

The bodies of both victims laid exposed as if they had been sexually assaulted before being murdered. Circumstantial evidence found on the second victim included stocking, imprints on the victim’s body and the blood stains from the bit ears. The murder of Patricia was the 7th in a series of killings whereby all the victims were strangled and sexually assaulted. The killings bore the approach of the ‘Boston Strangler’ and as I arrived at the scene of the murder, I noticed that there had been no forced entry. At the murder scene of Patricia we secured the crime scene and photographed the scene as a means of securing the evidence.

Crime Scene Reconnaissance

After all evidence had been collected on the two murder scenes, we at the Boston Police formed a squad that would solely deal with the case of the ‘Boston Strangler’. The squad’s purpose was to investigate all leads using evidence gathered from the two scenes and to eventually arrest the ‘Boston Strangler’. From the murder scenes of Sophie and Patricia I was able to gather from the preliminary investigative report that both victims were women and they were murdered at their apartments. In both crimes the report of their murders was reported by close friends who discovered their bodies.

Evidenced gathered from the preliminary investigation demonstrated that the modus operandi of the perpetrator was influenced by psychological problems that he/she faced. The report classified the crime as murder and that the victims were attacked when they were alone in their private premises. From the report we gathered that the trademark of the perpetrator was to physical abuse women and then murder them. The perpetrator however didn’t steal any property from the victims and his main aim was to inflict pain on the victims and leave a lasting impression of his victim as the murder of his victims were gruesome (Tong 68).

In addition to the preliminary investigative report, we at the police department took photographic shots of the crime scenes. The photographs were up-close and they served the purpose of representing how the objects appeared at the crime scene. The photographs were to be used as testimony in court if the perpetrator of the murders was found and they would also be used to support what the investigators found at the crime scene. In this case the photographs were used in searching for specific evidence during the investigation and to be used in finding leads that could take us closer to the perpetrator.

Photographs were also used in this case to trace the modus operandi of the perpetrator, for instance measurements and markers were taken and recorded for comparison with other crimes. From the photographs we were able to establish that the perpetrator was very careful in leaving no traces of evidence and that all his murders were sexually related (Becker 96). Subsequent to photographing the crime scenes, we sketched details of the crime as a procedure; this was done in order to look at major scenes of the crime. Finally the crime scenes were videotaped in order to provide evidenced that could later be carefully examined in case there were some facts that were left out that could help in the case.

Forensics on the case

In addition to evidence found at the crime scene, we at the ‘Boston Strangler’ squad used forensics to solve the crime, the squad used the criminal lab to find more evidence of the two crime scenes using scientific methods. At both crime scenes, the victims and their surrounding were dusted for fingerprints. DNA fingerprinting was put into use and the fingerprints that were found at the scene of the murder were sent to the DNA data bank where they were compared to other fingerprints of criminal offenders using the Combined DNA Index System (CODIS). This system is used in linking similar cases which have not been solved through a system which links all state databases (Becker 85).

Laboratory examination of evidence is used in assimilating as to the exact position and nature in which the crime occurred and in this scenario the crimes were on women through the use of physical force. Laboratory examinations are conducted using determinants such as blood, hairs and fibers or imprints such as fingerprints. In the case of the murders of the women, hair and fibers and fingerprints were found at the crime scenes.

The Laboratory examination into the murders of the two women unearthed evidence that fingerprints found at the crime scene were multiple. This was to show that the murders were committed by multiple persons and the hair and fibers found at the crime scene was later deduced to be that of a male individual. Blood stains found at the crime scene were of the victims and the only circumstantial evidence found of the perpetrators was strains of semen due to the fact that the women had been sexually assaulted.

The traces of semen were examined and the results sent to all other state offenders list to check for a match with other related cases of sexual offenders. The lab results confirmed the possibilities of several perpetrators were involved in the murder of the women. From the fingerprints sent across to all states no match found of the perpetrators involvement in the crime. This was indicative of the crime committed by the perpetrators was either their first crime or they had never been caught and convicted of any criminal charges.

Investigative Leads to the crime

During the period in which the ‘Boston Strangler’ murder cases were being investigated, I received a call from the police department concerning new leads on the case. New evidence had been unearthed that a suspected sexual offender had been found and that evidences from the crimes in which he had been convicted against matched that of the murdered women. The suspect in this case was Albert Disalvo; he had committed several rapes and had pleaded guilty in his case.

However Disalvo had not been jailed but instead he was taken to a mental institute (Tong 79). From that point onwards we focused on him as the prime suspect in the murder of Sophie and Patricia. I investigated on the leads on Disalvo and asked how he would benefit from the murder of the women. When we interviewed Disalvo he admitted to having committed the crime of murdering the two women, but we had our doubts due to the fact that his fingerprints were not found at the crime scenes.

Our investigations now shifted to Dislavo, we wanted to know if ha had the opportunity and knowledge to commit the crimes he had confessed to. We also wanted to establish his accomplices or in case if he was covering for someone else. I questioned Disalvo and I established that he had thorough knowledge of the crime scenes, although we ruled out that maybe he had carefully read of the crimes from the papers who had given much publicity to the cases.

As a police procedure the fingerprints found at the crime scenes did not match Disalvo’s fingerprints, they only evidence that tied him to the murder of the women was the detail that he had a previous criminal sexual record and he had psychological problems. The modus operandi of the ‘Boston Strangler’ cases fit well with the profile of Dislavo; however no witnesses ever came forward and identified him as the perpetrator. We put pressure on Disalvo to mention his accomplices or confess on who he was shielding. Our searches on computer databases and through the use of informants did not yield much evidence except the fact circumstantial evidence had been found against Disalvo of the murder of several women in Boston.

Conclusion

In the case of the ‘Boston Strangler’, many circumstances and the peculiarity of the case made the homicide very difficult to solve. However we wanted to know the motives and modus operandi of the perpetrator of these gruesome murders. From the evidence gathered and examination of the evidence we were able to establish that the perpetrator was indeed a psychological disturbed individual who took pleasure in killing female victims especially those had old age. From the evidence gathered we also established that the perpetrator was not an aggressive person and that he did not use any force in getting in contact with the victims. The perpetrator did not steal any belonging from his victims and he only attacked and killed his victims at their place of residency.

Circumstances leading to the arrest of Disalvo were due to the nature of his knowledge of the crime scenes, he had a past record of sexual offences and the fact that he confessed to having committed the crimes. The case of the ‘Boston Strangler’ was complicated given that nobody had witnessed the crimes being committed and information obtained from the forensic examination pointed out that the killings were conducted by more than one individual.

Disalvo’s confessions to the murder crimes were so vivid and that made him a potential witness, however some of his confessions did not tally and on more than one occasion he did not get the facts of the crime right. In my opinion Disalvo might have committed some of the crimes he confessed and he was being used by the real perpetrator and he might have been an accomplice to the murder of the 13 women in the Boston Area.

Works Cited

Becker, Ronald. Criminal Investigation. New York: Jones & Bartlett Learning, 2008.

Tong, Stephen, and Horvath Miranda. Understanding Criminal Investigation. Chicago: John Wiley and Sons, 2009.

General Strain Theory in Criminology

Introduction

Developed by Robert Agnew, the General Strain Theory (GST) just as it suggests is a theory that associates social structures with strain/stress in a person or people that in turn induces their desire to commit some criminal actions to lessen the strain. According to Agnew, general stain theory hypothesizes that the strain results in unenthusiastic emotions that may lead to several conclusions with delinquency being one of them (604). The precise strains that are talked about in the theory include disappointment to attain esteemed goals (for instance, finances or position), the taking away of treasured stimuli (for example, parting with a treasured asset), and the encounter with a demoralizing instance such as corporal maltreatment (Agnew et al. 44). While a good number of precise sorts of strain may fall in these groups, attempts have been done to identify the situations in which strain may result in criminal activity. The paper is a summary of the various common themes brought out by various publications on the subject of GST. Specifically, the paper points out how the theory has been expanded since its development besides highlighting several processes and mechanisms that are key in the articles.

Expansion of the theory since its Development

Agnew’s general strain hypothesis was an advancement of the strain theory since sought to “expand the strain theory by pointing to new categories of strain including the loss of positive stimuli, the presentation of negative stimuli, and several new types of goal blockage” (Agnew 603). It is crucial to note that the original strain theory was limited in terms of the parameters it sought to determine strain in people. The general strain theory suggests that people who experience strain may acquire negative feelings together with anger especially when others inflict diversity on them. Agnew points out how they may be bitter whenever they recognize unfair treatment by others and gloom or nervousness whenever they take the blame for the worrying consequence (604). These negative sentiments, in sequence, require coping reactions as a method of relieving pressure. Strain reactions may be touching, cognitive, or behavioral. However, not every reaction is delinquent. Nevertheless, the theory of general strain is for the most part concentrated on delinquent adaptations. It recognized several categories of criminal tolerance including misuse of misleading and addictive substances, influential undertakings such as crimes on possessions, and disciplinary consequences such as fighting (Agnew 320). Not all these parameters were included in the original theory.

GST advanced the strain theory by bringing on board vicarious and anticipated strain as two aspects that can bring deeper insights into the strain theory because the two play an essential role in interceding the effect of strain on aggression and law-breaking (Agnew 604). It highlights the role of anger in adding the level of self-injury in a person, generates the desire for vengeance/retaliation, and gives the person the energy to do the act at the same time lowering his or her inhibitions. Agnew et al. also recognized the gap in the original theory, which could not explain why certain people had higher chances of responding towards strain with delinquency as opposed to others (43). Some of the research done on the paradigm of intercession in the GST hypothesis have seen irritation as the main intercessory strategy in the event of wrongdoing and damage.

Therefore, as an advancement of the former theory, Agnew et al. use data whose analysis reveals, “Juveniles high in negative emotionality and low in constraint will be more likely to react to strain with delinquency” (43). The data was used from the survey of Youth in Transition. The first study of a similar kind was done amongst teenagers of the tenth grade (Agnew 616: Thaxton and Agnew 771). The result indicated that the tension that the youngsters had gone through in their learning institutions and back at their various residential areas had contributed both to express and meandering consequences instigated by anger on possessions, aggressiveness, and position crimes. It was also found that anger contributed strongly to the effect on offenses that were violently done. After a keen study was done on how anger had the toughest impact of strain on aggressive reactions amongst the students who were in college, it was found that exposure to several types of strain affected the assaultive actions of students, straightforwardly and obliquely, via annoyance.

The original strain theory gave no hint on how gender and racial variations relate to an individual’s response to strain. Kaufman et al. point out how GST can now help one to make valid deductions on the relationship between racial variations and the likelihood and magnitude of response to any strain (430). In fact, “GST argues that African-Americans are more likely to react to a given strain with crime than whites because they are more likely to experience such strain as stressful or upsetting and are more likely to view it as unjust” (Kaufman 430). According to Piquero and Sealock, GST can be utilized to show the dissimilarities in offenses connecting bigger gatherings, for instance, the variations in offense commitments frequency among societies and the sky-scraping felony rates amongst adolescents. The theory of general strain has also been used in criminology in the explanation of the sky-scraping crime rates in males relative to females.

GST has been expanded to explain the added crime rates in males and the reasons why females engage in criminal undertakings (Piquero and Sealock 132). In the efforts to investigate the increasing rates of men’s criminal behaviors relative to those of women, Broidy and Agnew did a study on sexual characteristic variations that connect tension insights and reactions to strain. The first region that was looked at was the strain amount that was experienced by all the genders. As per the stress investigation that was collected, the females are inclined to experience a lot of additional strains about the males. In addition, females are inclined to be advanced in subjective strain too. The claim that women encounter many cases of tension concerning men does not evidence the alarming pace of felony in men as postulated by GST. For this reason, Broidy and Agnew discovered further distinctions in male and feminine strain (280). Since women participate in less inoffensive activities based on their lessons learned in their many encounters with strain, Broidy and Agnew examined the various kinds of strains that men and women encounter (275). Their findings were that the males were more worried about material accomplishment, which elevated the rates of assets and violent offense, whereas the females were more concerned with the creation and maintaining of close bonding and relationship with others thus bringing down the rates of assets and violent offenses.

Mechanisms and Processes are Identified in the Articles

Several mechanisms and processes are identified in the articles concerning GST. For instance, the role of psychological mechanisms such as nervousness and despair on deliquescent results has been addressed in the letter. What is the responsibility of other negative sentiments, for instance, nervousness and despair on delinquent results (aggressive or non-aggressive)? In response to the above GST aspect, a longitudinal study done on students found that nervousness never mediated the strain impact on any form of an act that was delinquently done. However, as per the findings, the mediating responsibility of annoyance in the connection of behavior of high aggressiveness and violence was evident. The research was done among some enslaved children on the consequences of annoyance and despair in intervening the effect of tension on both cruel and possession offenses. On the other hand, Agnew et al. point out a handful of studies that show the responsibility and function of other variables that mediate with the exception that annoyance should never be sent away fast (61).

Kaufman also addressed much on the coping mechanism. Criminal activities are likely to occur when people have low lenience of strain and when their resources and skills for tolerating are poor (Kaufman et al. 431). Such activities will also arise when people have less or less conservative support especially when they recognize that the costs for crime commitment are limited or low or when they are disposed to crime commitment based on factors such as minimal self-control, negative emotions, or their history in education or learning. Some affirmative backup has been offered by the experimental examination of the findings. Researchers also found out that people with qualities of negative emotions and minimal or less strenuous constraints were more prone to respond to the strain with criminal activity. This category of people is reckless and excessively energetic with their anger rising fast.

Broidy and Agnew also conjectured that there might be similarities not only in the categories of strain but also in the disturbing reactions to strain too (278). The findings on the differences in reaction to strain emotionally showed that males were prone to react and respond angrily, whereas females were more prone to react with annoyance and despair. Secondly, the anger observed in males was followed by outrage that came morally whereas the anger that was experienced in the females was going hand in hand with fright, fault, and disgrace. Thirdly, males quickly blamed others and were less worried about causing harm to others. Their female counterparts were prone to hold themselves responsible and be concerned with the effects of their fury or rage. Lastly, in males, moral annoyance contributed to asset and violent offense, whereas depression and guilt led to behaviors of self-destructing, for instance, eating disorders in females. Men and women are familiar with different sorts of strains and unlike emotions as per the theory of general strain. Subsequently, Broidy and Agnew examined the grounds why men may act in response to strain with misdeed (279). Research pointed out that women might not have the self-assurance and a sense of worth that could be favorable to entrusting crimes to make use of escape and evading methods to mitigate the strain. However, women may have tougher relational binds that may assist to decrease strain.

Men’s participation in offenses has been deliberated in several different hypotheses, for instance, the control process and the process of differential association. As developed in the articles, men are believed to be inferior in social management. They meet people in outsized hierarchical colleague groups. Women, conversely, structure close communal bonds in petite groups. Consequently, men are more probable to take action to strain with a misdeed. A large extent of research needs to be conducted on this subject. The majority of the information comes from preceding studies that paid attention to tension. In recent times, a study was done on gender dissimilarities in participation in the usage of drugs. The study never found any significant disparities between sexual characteristics. However, the examiners noted their study restrictions in contrast to the wide aspects of the theory of general strain.

The issues of gender processes that drive men and women into crimes have been identified in the articles. In fact, on the length of explaining the sky-scraping rate of crime among men, the theory of general strain can as well be practical to explaining why women engage in crime. Broidy and Agnew recognized the kinds of strain that women face. In considerations to goal obstruction, a rupture in interpersonal ties and bias in attempts to attain financial objectives result in strain for women. In addition, as a case in point of a shortfall of constructive stimuli, women may face blockades to social situations because of social discrimination. Women are the objects of sexual, sentimental, and bodily abuse, which are regarded to be unenthusiastic stimuli. These kinds of strain might result in the woman acting out unlawfully (Piquero and Sealock 132). Female criminals give the impression to be different from females who are not criminals given that they encompass an increased chance for crime, are inferior in social management, and have criminal peers. Broidy and Agnew discovered that, not only can the theory of general strain put in unmistakable words the elevated rate of crime in men, but also it can as well explain why women would take part in criminal undertakings too (305).

Conclusion

The theory of general strain has approached the view of criminology with a renewed attention on strain’s capacity to induce transgressions. Because this theory is a comparatively new hypothesis that is broad in its extent, there are less data to hold up or disprove it. Straight to the actuality that it is a wide theory, it is impossible to test it all straight away. It has to be crashed into its constituent parts. Agnew also distinguished that it is not an entirely developed option to further theories in the view of the fact that it does not expand into the macro social world and that it rarely takes into account factors such as strains brought about by non-communal means. It was also accentuated that the theory of general strain is given out as a base on which to construct a link between strain and criminal activities. Further research is required in almost every region. Definite goals can be prepared. In the attempt to explain the group dissimilarities in crimes, there is a need to settle on how many kinds of strain are knowledgeable in a bid to explain how and why groupings deal with the strain in characteristic ways. At the macro social level, structures of opportunity and or how they result in the individual requirement need to be examined.

Works Cited

Agnew, Robert. “Experienced Vicarious and Anticipated Strain: An Exploratory Study on Physical Victimization and Delinquency.” Justice Quarterly 32.3(1992): 320-89. Print.

Agnew, Robert. “Experienced Vicarious and Anticipated Strain: An Exploratory Study on Physical Victimization and Delinquency.” Justice Quarterly 19.4(2002): 603-32. Print.

Agnew, Robert, Timothy Brezina, and John Wright. “Strain, Personality Trait, and delinquency: Extending General Strain Theory.” Criminology 40.1(2002): 43-72. Print.

Broidy, Lisa, and Robert Agnew. “Gender and Crime: A General Strain Theory Perspective.” Journal of Research in Crime and Delinquency 34.3(1997): 275-306. Print.

Kaufman, Joanne et al. “A General Strain Theory of Racial Differences in Criminal Offending.” The Australian and New Zealand Journal of Criminology 41.3(2008): 421-37. Print.

Piquero, Nicole, and Miriam Sealock. “Gender and General Strain Theory: A Preliminary test of Broidy and Agnew’s Gender/GST Hypothesis.” Justice Quarterly 21.1(2004): 121-156. Print.

Thaxton, Sherod, and Robert Agnew. “The Non-linear Effects of Parental and Teacher Attachment on Delinquency: Disentangling Strain from Social Control Explanations.” Justice Quarterly 21.4(2004): 763-91. Print.