The responsibilities of a criminal justice administrator concerning employees’ rights are quite diverse. A variety of acts defines the appropriate conditions of employment, including the Fair Labor and Standards Act, Equal Pay Act, and several anti-discrimination acts (Peak, 2011). Apart from that, the rights of criminal justice employees can “arise out of federal and state constitutions, statutes, administrative regulations, and judicial interpretations and rulings” (Peak, 2011, p. 297).
For example, the right to privacy is guaranteed by a complex of legislative documents. In particular, even though the Constitution does not include a direct reference to such a right, it contributes the First, Third, Fourth, Fifth, and Ninth Amendments, which include various parts of the complex notion of the right to privacy (Miller, 2016, p. 48).
An employer is expected to comply with privacy requirements, but it is notable that in certain cases, the line between private life and duty is blurred, which may change the attitude of the law to the rights of an employee. Examples of such incidents include the Pool v. VanRheen (2002) case, which is concerned with the First Amendment and the freedom of speech infringement that was deemed justifiable under the circumstances.
In Pool v. VanRheen (2002), Pool’s First Amendment rights were considered to be outweighed by the “legitimate administrative interests” of her department after she had written a very harsh letter that dwelled on its organization, management, and employees (p. 911). The incident resulted in Pool’s demotion. It is noteworthy that Pool’s letter was created after an apparent case of discrimination that was directed against her, which might have justified her right to the freedom of expression, but in this particular case, the “administrative interests” of her department were considered to be more significant, and the demotion was deemed acceptable.
It is noteworthy that this example of a judicial interpretation affecting a Constitutional right of an employee demonstrates that there is a complex relationship between the employees’ rights that are guaranteed by different sources. Apart from that, it clearly shows that the relationship between the employer responsibilities and employees’ rights may lead to controversial cases.
Drug testing at the workplace is another controversial issue, which can be regarded as anti-constitutional (against the Fourth Amendment) but which is still required for several settings in the form of pre-employment, follow-up, random, and reasonable suspicion testing (National Institute on Drug Abuse, 2016). Drug use is considered to be a type of conduct that characterizes an employee in a negative way, which is especially true for criminal justice workers (Haberfeld, 2016).
However, the specific laws that define the process of handling an employee (or a potential employee) with a drug use record differ from state to state. For example, in New Orleans, a recruit who used marijuana two years before the application will be disqualified, but in the Boston Police Department, any prior drug use is considered a potential obstacle for service rather than a patent one (Haberfeld, 2016, p. 296). This example shows how state legislation can affect the responsibilities of an administrator and the rights of the employees.
A criminal justice administrator is also expected to protect the employees from various types of discrimination and harassment. For example, the 1990 Americans with Disabilities Act demands that criminal justice organizations do not discriminate against employees who have disabilities and provide “reasonable” accommodation (Peak, 2011). This term can be regarded as a relatively vague one, which makes it another source of controversies, but suitable accommodations can include, for example, changes in schedules, improvements of the workplace environment (to make it more accessible), and the adjustment of policies if necessary.
Similarly, the protection against sexual misconduct or harassment is Constitutional in the US (Peak, 2011). Harassment occurs when an employee is exposed to unwelcome conduct, which is based on diversity indicators (for sexual harassment, it is gender) and results in a hostile environment at the workplace or various employment outcomes. In case any of the two conditions is not fulfilled, the case cannot be classified as harassment, and should be treated differently.
To prevent harassment, an administrator ensures the existence and enforcement of an organization’s rules and policies concerning the issue, manages the organization’s culture, and works towards the creation of an inclusive, diversity-friendly environment (Stojkovic, Kalinich, & Klofas, 2011, p. 254). It can be concluded that nowadays the responsibilities of a criminal justice administrator are very diverse, but the necessary information and tools for their fulfillment are provided.
References
Haberfeld, M. (2016). The triangle of recruitment, selection, and training in 21st century policing. In M. Deflem (Ed.), The Politics of Policing: Between Force and Legitimacy (pp. 295–313). Bradford, UK: Emerald Group Publishing Limited.
Miller, R. (2016). Business law today. Boston, MA: Cengage Learning.
National Institute on Drug Abuse. (2016). Drug testing. Web.
Peak, K. (2011). Justice administration (7th ed.). Upper Saddle River, N.J.: Prentice Hall.
Pool v. VanRheen, 297 F.3d 899 (2002).
Stojkovic, S., Kalinich, D., & Klofas, J. (2011). Criminal justice organizations (5th ed.). Belmont, CA: Cengage Learning.
The Americans with Disabilities Act of 1990 (ADA) is of supreme importance for employees, and criminal justice organizations are not excluded (Peak, 2011; Stojkovic, Kalinich, & Klofas, 2011). Basically, the Act is created to provide people with disabilities with opportunities that are comparable to those of the people without disabilities. Stojkovic et al. (2011) insist that ADA is a very helpful tool that does not only include requirements that protect the rights and dignity of the people with disabilities; it is also capable of guiding the employees’ efforts in improving their policies. Since the legislation is relatively new, the process of the change requires such guidelines given the lack of an appropriate number of the best practices for the time being.
In particular, criminal justice organizations are supposed to change their job designs in order to remove the barriers that hinder the access of disabled people to employment and services. First of all, criminal justice organizations are required to avoid discrimination at the point of recruitment, which may affect job design. For example, the introduction of job requirements that are not necessary for the work and create barriers for people with disabilities violates ADA requirements.
Stojkovic et al. (2011) suggest creating broader requirements specifically to avoid discrimination on any basis (including disability). Apart from that, the job design should include the benefits that will facilitate the working process for the disabled, thus providing them with opportunities that are equal to those of the people without disabilities. This aspect of ADA compliance is termed as the “reasonable accommodation” for disabled employees.
For example, a flexible schedule may be introduced to provide the employee with the opportunity of receiving the necessary treatment while also ensuring that he or she does not have to miss shifts. Moreover, criminal justice organizations are expected to provide an accessible environment, which is also a part of the duty to accommodate, and non-discriminatory workplace (Stojkovic et al., 2011). From the point of view of job design, these aspects can affect the location of the work or the skills that are required from a recruit or would later be developed.
In particular, the requirements for diversity training, which grants diversity awareness and empowers the employees to manage diversity or coexist in a diverse environment, are at least partially the result of ADA introduction. Similarly, additional training may be provided to improve the ability of the employee to perform well enough to qualify for the job. The means of accommodation should be implemented unless they cause an “undue hardship” (for example, excessive expenses) to the organization or prove to be useless.
In general, the accommodation of people with disabilities is a challenging issue, but criminal justice organizations (as well as other employers) are supposed to seek ways of ensuring it. The duty to accommodate is not optional; it is a requirement and obligation that is stated in ADA (Stojkovic et al., 2011). Still, as pointed out by Stojkovic et al. (2011), the attitude of the criminal justice organizations personnel is very often rather conservative, and they find it close to impossible to accommodate people with the majority of disabilities, especially if they intend to become officers. Such prejudice is likely to hinder the active and creative development of accommodation patterns and programs.
Moreover, since the terms “reasonable accommodation” and “undue hardship” are relatively vague, they may be interpreted in various ways, which creates opportunities for unethical conduct. All these aspects further complicate the process of the accommodation of people with disabilities and hinder the development of an inclusive and non-discriminatory environment within criminal justice organizations.
To sum up, the job design in criminal justice is supposed to include thought-out accommodations for people with disabilities, which should grant them opportunities that are comparable to those of the people without disabilities. The current state of events (the lack of inclusive environment, prejudice, and discrimination) complicate the accommodation processes and slow down the development of best practices in the area. Unfortunately, the vagueness of some of the ADA terms does not improve the situation. Still, ADA is being enforced in the U.S., and this fact can be illustrated with the help of the Tennessee v. Lane (2004) case.
Tennessee v. Lane
In 1998, George Lane and Beverly Jones (persons with disabilities who were both using wheelchairs) could not access the services of the state court since it did not provide an accessible environment. In particular, Lane had to crawl up the stairs during his first visit and refused to do so during the second one. As a result, he was jailed for his failure to appear. Jones, on the other hand, worked at the court, and she lost her job as a result of its failure to accommodate.
The two people filed a complaint, claimed that they had been excluded from the use of a service, which violated the Title II of ADA, and sought money damages. Tennessee’s defense claim was that the Eleventh Amendment barred the suit, but the U.S. defended Title II. In response, Tennessee claimed that the Title II of ADA violated the Eleventh Amendment (in other words, it violated the immunity of the state). As a result, the Tennessee v. Lane (2004) case was aimed at finding out “whether Title II exceeds Congress’ power under § 5 of the Fourteenth Amendment” (p. 513).
The opinion of the majority that included Stevens as well as O’Connor, Souter, Ginsburg, and Breyer, consisted in the affirmative response to the question. The rationale behind it runs down to the fact that the Title (as well as ADA) is aimed at eliminating the existing disparities, which are truly widespread among state services in the U.S. This prevalence of inaccessible service is, naturally, a form of discrimination that deprives people with disabilities of their Constitutional rights.
The majority found that the aim of rectifying the situation is proportional to the Congress decision to act under Section 5 of the Fourteenth Amendment to enforce the compliance with the said Amendment. Souter (joined by Ginsburg) concurred and pointed out that the history of the judiciary practice involves inhumane, discriminatory laws and cases that deprived people with disabilities of their fundamental rights and dignity.
As a result, Souter asserted, the decision to defend Title II would be “a welcome step away from the judiciary’s prior endorsement of blunt instruments imposing legal handicaps” (p. 535). Ginsburg, who was joined by Souter and Breyer, concurred and also dwelled on the need to accommodate as opposed to “blindfolded equality” (p. 536) as well as the requirement of pushing the governmental bodies and actors to respect the rights and dignity of the people with disabilities.
A dissenting opinion came from Rehnquist, who criticized the majority’s approach to the issue, which was done in the form of the “as-applied” inquiry rather than the congruence-and-proportionality one and insisted that there is no evidence to systematic constitutional discrimination of the constitutional rights of the disabled. Scalia also dissented and, in turn, criticized the congruence-and-proportionality test.
Instead, Scalia suggested checking if the remedy could help the Congers to “enforce” the Fourteen Amendment and found that the increasing vagueness of the prohibitions that resulted from the case would be incapable of “enforcing” anything. Finally, Thomas also dissented and basically joined Rehnquist with minor specifications.
It is noticeable that the dissenting opinions are mostly attempting to indicate a fault in the majority’s reasoning. While such an approach is understandable both from the point of view of the debate and the precedents that the Supreme Court is going to make, it also shows that the majority’s opinion is indeed valid. Rehnquist attempts to demonstrate that there is no systematic violation of the constitutional rights of the disabled, but these arguments stand against those of the majority, which consistently prove the existence of discriminatory practices in the U.S.
In the end, the majority defended Title II and the right of Congress to enforce it under Section 5 of the Fourteenth Amendment. It is noteworthy that the ADA asserts that the violation of the Title will not leave a state immune from action. As stated by Stojkovic et al. (2011), ADA has radically changed the way people with disabilities are treated and even viewed (p. 181), and the Tennessee v. Lane (2004) case serves as an illustration to it being an effective tool in ensuring the protection of people with disabilities despite the ambiguous term of the “reasonable” accommodation.
References
Peak, K. (2011). Justice administration (7th ed.). Upper Saddle River, N.J.: Prentice-Hall.
Stojkovic, S., Kalinich, D., & Klofas, J. (2011). Criminal justice organizations (5th ed.). Belmont, CA: Cengage Learning.
Modern society is becoming increasingly diverse, and, as rightfully stated by Haberfeld (2016), “law enforcement personnel are supposed to epitomize tolerance” (p. 307). As a result, diversity training has naturally become a part of the modern socialization process at a criminal justice workplace (Stojkovic et al., 2011). Moreover, it is a part of the organizational culture management since diversity within organizations is naturally increasing as well.
For example, Stojkovic et al. (2011) point out that even if an organization lacks diversity due to its small size and existence in a homogenous culture, it is likely to experience an influx of female employees in the previously male-dominated environment (p. 254). Administrators are expected to control the organizational culture and respond to the development of the environment by facilitating organizational change, and one of the tools that can help to achieve this aim is diversity training. The key aim of such training consists in the increased diversity awareness; the expected outcome is the lack of discrimination, harassment, and the promotion of a positive, inclusive environment at the workplace.
For example, the Texas Department of Criminal Justice (2010) believes that diversity can be transformed into an advantage and seeks to empower its employees with the help of an inclusive and positive environment. As a result, the Texas Department of Criminal Justice Human Resources Division (2015) has introduced a four-hour diversity training course that is “designed to increase awareness and understanding of the differences in our workplace, leading to positive communication and inclusion, and embracing respect and equality for all agency employees” (p. 3).
Similarly, in 2015, the Phoenix police introduced an eight-hour training that was aimed primarily at the improvement of ethnic and cultural diversity awareness and communication skills enhancement (Rummel, 2015). It appears to be more extensive and focused than that of the Texas Department, but the lack of reports on the results of these programs makes it difficult to compare them.
Diversity training is supposed to aid criminal justice administrators in the protection of the rights of their employees. In particular, it helps to educate employees on discrimination-related issues, which is a preventive measure concerning harassment and discrimination. As a result, diversity training is supposed to enable the diverse population of the criminal justice employees to coexist and create a respectful, dignified attitude towards each other and the community (Haberfeld, 2016).
Indeed, although Stojkovic et al. (2011) primarily consider diversity training from the point of view of the impact that it has on the inter-organizational relationships, it is also of great importance for the duties of the criminal justice workers, as they are bound to interact with the diverse community that they serve. As pointed out by Haberfeld (2016), increased diversity competence is a crucial skill for criminal justice workers as it facilitates communication and potentially can reduce misconduct.
Also, the improved communication is likely to enhance the relationships between the organization and the community, and greater diversity competence can help the employees to maintain the reputation of their organization and criminal justice in general. Thus, diversity training programs assist criminal justice organizations in protecting their employees and complying with the law in more ways than one.
It is noteworthy that diversity training can be ineffective, which is why in this paper, the expected outcomes are considered. Admittedly, diversity training is challenging, and it does not always achieve its aims; in fact, Haberfeld (2016) insists that many of the modern programs resemble token activities that have been introduced for the sake of introducing. As a result, they may remain ineffective and unimproved, and the attitude of the employees who are expected to undergo this training is negatively affected by these factors.
In particular, it may be suggested that four- or eight-hour training seems dissatisfactory, even though it should be pointed out that the time, which is allocated to a program, is of secondary importance. However, it is also noteworthy that training is only one of the tools that are aimed at the creation of an inclusive environment, employee rights protection, and effective criminal law application (Stojkovic et al., 2011). The varied tools are expected to be used in a system to achieve noticeable results and improve the effectiveness of modern criminal justice diversity management.
References
Haberfeld, M. (2016). The triangle of recruitment, selection, and training in 21st century policing. In M. Deflem (Ed.), The Politics of Policing: Between Force and Legitimacy (pp. 295–313). Bradford, UK: Emerald Group Publishing Limited.
The climate of the agency is very important in defining how employees conduct themselves and approach different tasks. According to Peak (2010), the success of an organization is always defined by the climate that has been created within it. A positive environment where people interact freely and work as a team is core to achieving success within an organization.
On the other hand, a climate where people are relaxed and always unwilling to address their duties is very dangerous for the success of an organization. It is also important to note that a climate where employees are constantly demanding self-benefits, such as pay rise and other related benefits, with total disregard to the organizational needs may lead to the overall failure of the organization. This research focuses on factors that affect the climate of the workplace within criminal justice agencies.
Organizational Behavior Factors Influence Climate of the Agency
To identify the organizational behavior factors that influence the climate of the agency, the researcher interviewed an employee who is currently working in the prosecutor’s office. In the interview, the focus was to identify some of the factors that may influence the climate of the workplace either positively or negatively. From this interview, the following factors were identified as some of the leading factors that influence the climate of the agency.
Leadership
Leadership has always been identified as one of the leading factors that influence the workplace environment in various ways. In this agency, the leadership was manifested in the form of the management unit of the organization. The management has a massive impact on the workplace climate within this agency. The top managers within the agency are in charge of developing policies that define the way the organization is run.
Although they may not constantly be present among the workers, the policies they make may have a positive or negative impact on the organization. When the top leaders formulate policies that do not give any considerations to the needs of the employees, the workplace will be very unfriendly to the employees.
According to Robbins and Judge (2009), managers should embrace a consultative leadership approach where policies that are developed take into consideration the needs of individual employees and other stakeholders within the firm. This way, the employees will feel that they are part and parcel of the organization. This acts as a motivating factor to the employees.
Culture
Culture plays an important role in defining the workplace environment and how employees undertake the various tasks assigned to them. It is a fact that society is highly diversified, and people have different cultural beliefs and practices. However, Kania (2008) says that leaders within an organization have the role of ensuring that they have developed unique organizational cultures that must be observed by all the employees.
The organizational culture may influence the workplace environment either positively or negatively depending on the approach taken by leaders to develop it. A culture where people work as a team are always willing to share ideas, and leaders mingle freely with junior employees to understand their problems was identified as the best culture that promotes a positive growth within the agency.
Systems
Some systems are also important in defining the workplace environment. According to the reports obtained from the interview, some systems within the workplace have negative impacts in defining the workplace environment. The interviewee noted that, in her workplace, various bureaucratic systems limit the ability of the junior employees to share their ideas freely with the top management.
Whenever one has a new idea or any information that should be passed to the top management, he or she has to communicate it to the immediate supervisor. The supervisor will determine if it is necessary to pass the information to higher authorities or not. In most of the cases, it rarely goes past middle managers, but if it reaches the top management, it is always distorted. Various other systems also limit employees from sharing new ideas among themselves.
Law
The law plays a vital role positively in defining the workplace culture. The labor laws have been considered very appropriate in protecting the interests of the employees. The agency where the interviewee works follow the labor laws and other laws of the land concerning the employees.
Influential stakeholders
Some influential stakeholders, such as the political leaders, community groups, employees’ organizations, among others, play an important role in defining workplace climate. Political leaders formulate national laws that define how employers and employees should relate. Community groups such as human rights groups help in addressing issues of human rights abuse in the workplace. Employees’ organization acts as the voice of the employees that make them have higher bargaining power.
How Management Can Improve the Organizational Climate
The management can improve the organizational climate in the workplace. As mentioned by the interviewee, the management needs to avoid bureaucratic cultures that limit the potential of its employees. They should create a positive working environment where all employees feel that they are cared for and respected. They should also embrace the principles of transformational leadership in their management strategy.
References
Kania, R. E. (2008). Managing criminal justice organizations: An introduction. Newark, NJ: Lexis Nexis Matthew Bender.
Peak, K. (2010). Justice administration: police, courts, and corrections management. Upper Saddle River, NJ. Prentice Hall.
Robbins, S. P., & Judge, T. A. (2009). Organizational behavior. Upper Saddle River, NJ. Pearson/Prentice Hall.
How does the United States Constitution impact the development of criminal justice policy?
The US Constitution directly influences the development of criminal justice policy because criminal justice procedures are based on the provisions of the US Constitution. As a result, criminal justice policy develops to address the requirements and principles mentioned in the US Constitution. The basics of criminal justice policy reflect the laws and rights stated in the main federal document. Being the major source of law, the US Constitution also provides the scheme for the organization of the government institutions and the criminal justice system (Kania, 2008, p. 84). The US Constitution is closely associated with law enforcement in the country, and its impact on the development of criminal justice policy is obvious.
How does the role of the federal government (in criminal justice policy development) differ from that of state government?
The role of the federal government in developing criminal justice policy depends on enforcing law according to the federal standards. There is a range of laws and principles which are followed and addressed in all the states. The federal government is responsible for regulating cases that are associated with these norms and laws. On the contrary, the impact of the state government on the development of criminal justice policy is more concrete because the state government develops and affirms norms, standards, and laws that should be followed in a certain state (Kania, 2008, p. 154). The state government is responsible for developing programs and policies which directly affect the criminal justice policy in the state.
What changes would you recommend that would improve the overall process of criminal justice policy development and implementation?
The legislatively based policy differs from the administrative regulatory policy in the fact that legislatively based policies are usually promoted by legislators to change the current approach to the certain law when administrative regulatory policies are more connected with prosecution strategies and agencies’ responsibilities for coping with cases (Kania, 2008, p. 96). The impact of these types of policies on the criminal justice system is different. To improve the overall process of criminal justice policy development, it is possible to focus on providing more rights to the public representatives while discussing legislatively based policies and on restructuring the agencies to guarantee the effective realization of administrative regulatory policies.
What does it mean to define policy analysis as a process of inquiry, as distinguished from a method of problem-solving?
Policy analysts should approach the problem in progress while developing a kind of research. It is important to investigate and analyze a lot of solutions before selecting the most appropriate approach to solve the problem. As a result, policy analysis is a complex process in contrast to the use of a concrete method of problem-solving (Dunn, 2004, p. 110). Policy analysts should conduct the full research before choosing the strategy to follow, and the focus on a method of problem-solving is only the final part of this process although there is a complex methodology related to variants of coping with policy issues.
How can the study of policy argumentation assist analysts to become critical thinkers?
Policy analysts can become critical thinkers if they are focused on studying the aspects and ideas of the policy argumentation as the specific approach because this process leads to debates, to the complete analysis of the situation and methods to cope with the problem, and to the choice of the most effective variant to address the identified problem (Dunn, 2004, p. 112). Policy analysts can concentrate on the critical synthesis of the problem aspects and make the process of analyzing the situation and finding solutions more dynamic and effective. The study of policy argumentation opens new horizons for policy analysts as critical thinkers and actors.
References
Dunn, W. N. (2004). Public policy analysis: An introduction. Newark, NJ: Pearson Prentice Hall.
Kania, R. E. (2008). Managing criminal justice organizations: An introduction. Newark, NJ: Lexis Nexis Matthew Bender.
In the 21st century, the term forensic science has become widely known in Western society. In the broadest sense, the term means science applied to the investigation of both criminal and civil cases. Being described in popular TV shows, movies, and various works of literature, forensic science is capturing the minds of those fascinated by crime solutions. The guards of law and order have been practicing the use of a scientific approach during criminal investigations for thousands of years.
Nowadays, criminology is on the rise thanks to the development of new methods of evidence collection and analysis that were introduced since the late 1800s. This essay is intended to explain the meaning of forensic science in the criminal justice system and to explore the evolution of methods introduced by such figures as Sir Francis Galton and Dr. Edmond Locard.
The Concept of Forensic Science
The representation of forensic science in mass media can sometimes blur the modern understanding of the term. People often confuse forensic science with Criminal Scene Investigation (CSI) or with particular scientific areas, such as Pathology or Anthropology. However, forensic science is, in fact, a collective term for all branches of science that have some application to justice (Siegel & Mirakovits, 2015). These may include sociology, psychology, math, chemistry, or any other sciences. Siegel and Mirakovits (2015) note that the term forensic science is used in some cases as a synonym to criminalistics, although the latter mostly refers to evidence that can be discovered during the CSI, such as blood, hair, bullets, and much more.
Forensic sciences are irreplaceable in the course of criminal investigations. According to Siegel and Mirakovits (2015), forensics can be used for studying and systematizing large amounts of data, assisting with psychological crime reconstruction, determining the cause and time of death, and much more. At the same time, the true value of forensics lies within the domain of identification. Such methods as DNA analysis and fingerprinting are commonly used nowadays, allowing the investigators to provide courts with undeniable evidence of a person’s involvement in a crime. The implementation of reliable scientific methods of identification can drastically improve crime-solving rates.
Anthropometry and the Will West Affair
Anthropometry seemed to be one of the promising methods of identification in the late 19th century. Siegel and Mirakovits (2015) define anthropometry as “a method of measurement of human body characteristics used to show variation or to differentiate between two individuals” (p. 216). Forensic anthropology is a study of the human skeleton. According to Siegel and Mirakovits (2015), the anthropologists of the 19th century believed that “after the age of about 18, the human skeleton stops growing” (p. 219). The criminal application of anthropometry was initially supported by the premise that each skeleton was unique, and it resulted in the differences in body measurements of adults.
Alphonse Bertillon, a police officer and biometrics researcher from France, was the author of the first systematic method of personal identification based on anthropometric data. His system consisted of a detailed description of a person’s appearance, precise measurements of the body, and carefully constructed sets of photographs (Siegel & Mirakovits, 2015). His system, called Bertillionage, was considered reliable until the beginning of the 20th century.
In 1903, the Will West affair proved the inconsistency of Bertillon’s system (Siegel & Mirakovits, 2015). Will West, convicted of a minor felony, was sent to Leavenworth, Kansas, to serve his sentence. Upon arrival, he was measured according to the Bertillionage system. Later on, a file with the name William West was discovered within the Federal Penitentiary archives. Although it was Will West’s first time in prison, it was a proven fact that a person named William West had already been serving a life sentence at that time (Siegel & Mirakovits, 2015). The two unrelated individuals turned out to be almost identical twins.
This case showed that the Bertillionage system could not be used effectively to identify individuals under a criminal investigation. Meanwhile, Sir Francis Galton was developing his guidelines for identifying and comparing fingerprints (“Francis Galton and fingerprints,” 2019). During the case, it was also discovered that the fingerprints of Will West and William West were utterly different (Siegel & Miracovits, 2015). This fact made the police officials see dactyloscopy as the most reliable method.
Francis Galton’s Impact on Forensic Science
Sir Francis Galton was an English scientist of the Victorian era, well-known for his numerous works in anthropology, eugenics, psychometrics, and other areas. In relation to forensic science, he played a major role as the father of dactyloscopy. Although the idea of using fingerprints for identification purposes was not new, Galton was the first to develop an organized scientific system, which proved to be useful in criminal cases (“Francis Galton and fingerprints,” 2019).
He conducted scientific research and experiments, such as trying to alter his own fingerprints, in order to convince skeptics that the patterns could be used effectively for identification (Siegel & Mirakovits, 2015). He successfully collected and studied a massive sample of over 8,000 print sets (“Francis Galton and fingerprints,” 2019). This research made him the first anthropologist to provide the well-grounded foundation for the dactyloscopy, based on the mathematical proof of the uniqueness of individual fingerprints.
In 1892 Galton published his first major study in this field called Finger Prints (“Francis Galton and fingerprints,” 2019). He also published a large number of papers, articles, and interviews on the subject of fingerprints, as well as an essential guide to the decipherment of blurred prints. His classification system was adopted by police forces for use during the crime investigations. As stated by Siegel and Mirakovits (2015), Galton divided all fingerprints into three categories: loops, arches, and whorls (p. 219). This classification is still in use up to this day.
Edmond Locard – the Sherlock Holmes of France
Dr. Edmond Locard was another pioneer in forensic science who also made a significant contribution to the study of fingerprints. After forming the first forensic laboratory in Lyon in 1910, Locard proceeded to develop poroscopy, the study of fingerprint pores (“The Forensic Library,” 2019). He was advocating for the idea of 12-point identification, meaning that if twelve identical points were found between two fingerprints, it would mean that they belonged to the same person.
Dr. Edmond Locard was the author of the famous Locard’s exchange principle, which follows as “Every contact leaves a trace” and is commonly considered the basic principle of forensic science (“The Forensic Library,” 2019). Locard believed that, when a crime is committed, fragments of various types of material are left at (or taken from) the crime scene. Locard’s exchange principle proves the importance of trace evidence for a criminal investigation.
Conclusion
Forensic science is an integral part of criminal investigations. The importance of forensics is indisputable in the field of identification of suspects. The methods of identification have improved over the centuries, and a breakthrough in their development occurred with the introduction of dactyloscopy (fingerprinting) in the late 19th – early 20th centuries. Other methods, such as the use of anthropometric data, were considered unreliable due to incidents involving suspects with identical body measurements. Dactyloscopy originates in the research of forensic scientists such as Francis Galton and Edmond Lokard and is recognized as the most advanced method of identification. Law enforcement agencies use the system described by the aforenamed scientists to this day.
Prison overcrowding is one of the most pertinent social issues in Canada, and it comes as no surprise that the criminal justice system develops alternative sentencing options. Alternatives to prison hold a promise to reduce the number of people going to prisons. They have the potential to optimize the costs of criminal justice while ensuring sufficient levels of public safety and crime deterrence within communities. Goff describes three alternatives to imprisonment: (1) conditional sentencing, (2) intermediate sanctions, and (3) home confinement and electronic monitoring. These sentencing options operate in different ways but have a number of things in common. Basically, they represent the so-called “back-end strategies” that promise to become more economically prudent and feasible in meeting the public demand for safety and reducing the scope of crime (Burns 75).
Conditional sentences were created and approved in Bill C-41 (Goff 1). Conditional sentencing means that the length of imprisonment does not exceed two years, and the offender can serve this sentence in the community (Goff 1). It can be provided on mandatory or optional conditions (Goff 1). The former implies law-abiding behaviors, stricter rules of personal conduct, and an obligation to inform the court or the responsible supervisor of any changes in occupation, job, place of residence, etc. (Goff 1). Optional conditions may vary, depending on the circumstances of the case. For instance, the offender may be obligated to attend counseling sessions or participate in community programs.
Intermediate sanctions represent the second alternative to imprisonment. These sanctions were designed to provide better control over the offenders who are released into the community (Goff 4). According to Goff, such intermediate sanctions include home confinement, intensive supervision, electronic monitoring, fines, and restitution orders (4). In most cases, intermediate sanctions are administered by judges, which is why they are also called “judicially administered” sanctions (Goff 4).
One of the most serious questions raised by intermediate sanctions is whether they are effective enough to reduce recidivism rates and prevent offenders from being sent to a correctional facility (Goff 4). Even despite these concerns, intermediate sanctions remain a popular sentencing option in Canada. The number of offenders serving intermediate sanctions increases every year. As of today, intensive supervision probation remains the most popular form of intermediate sanctions applied to offenders in Canada (Goff 5).
In addition to conditional sentencing and intermediate sanctions, home confinement and electronic monitoring represent an alternative to imprisonment. This alternative is based on the principle that offenders must be limited in their freedoms to the place of residence (Goff 7). This type of sentencing is based on the philosophy that the offender should maintain close family ties, be productive in the workplace, and actively participate in the community programs that are available to him/her (Goff 7). Electronic monitoring will guarantee that offenders stay at home according to the conditions required by the court. Electronic monitoring enables officials at the central location to detect any attempts to violate the conditions of home confinement by the offender (Goff 7). Criminal justice professionals hope that, by keeping offenders at home and monitoring them electronically, they will reduce their motivation to violate the conditions of sentencing or re-offend (Goff 7).
The benefits of these alternative sentencing options, as well as their drawbacks, are numerous. It should be noted that all these strategies were introduced with the goal of reducing the costs of criminal justice, addressing the problem of prison overcrowding, and, at the same time, creating favorable conditions for effective crime deterrence. The results of these sentencing alternatives are quite contradictory. Conditional sentencing has proved to be of little value in reducing the rates of imprisonment: the number of actually imprisoned has changed little since the first conditional sentence was introduced in 1996 (Goff 4).
The benefits of conditional sentencing are limited to letting the offender stay within the community. Meanwhile, threats to public safety can be considerable, depending on the severity of the crime committed by the offender. Besides, the issue of judges’ discretionary power should not be ignored. Different judges and even different provinces may have opposing views on the suitability of conditional sentencing in particular cases (Goff 3).
No less controversial is the situation with intermediate sanctions and home confinement. Intermediate punishments are quite popular in Canada for a number of reasons. First, a belief persists that the costs of intermediate sanctions are lower than those of imprisonment (Goff 5). Second, in some jurisdictions, offenders are required to compensate for a share of costs for their participation in the program (Goff 5). Third, intermediate sanctions are believed to create a perfect basis for administering fair sentences (Goff 5). Unfortunately, the frequency of re-arresting for the offenders sentenced to intensive supervision probation has increased considerably since the program was introduced (Goff 6). Most such arrests are for technical violations. Nevertheless, they increase the rates of incarceration and, therefore, the costs of alternative programs. Moreover, not all programs include an element of rehabilitation, which has proved to reduce the rates and risks of recidivism among offenders (Goff 6).
In this sense, the results achieved through the use of electronic monitoring and home confinement look extremely promising. These alternative sentencing strategies provide conditions for effective surveillance and saving high costs (Goff 7). Still, the rates of recidivism among the offenders who are monitored electronically do not differ greatly from the rates of recidivism among manually supervised offenders (Goff 8). Thus, even in the presence of numerous alternatives to conventional sentencing, the issues of crime deterrence and recidivism remain unresolved.
Police Misconduct
Since the time’s police forces were created, professional misconduct due to power discretion has been one of the biggest challenges facing the criminal justice system. Today, even a well-developed system of legal provisions and sanctions does not stop police professionals from using their official position for their own benefit. Goff defines police misconduct as a form of police deviance, “a generic description of police officer activities which are inconsistent with the officer’s legal authority, organizational authority, and standards of ethical conduct” (2). The researcher divides police misconduct into two broad categories: abuse of authority and occupational deviance (Goff 2). The latter includes a variety of behaviors (criminal and noncriminal) that take place during the fulfillment of the officer’s workplace activities with the use of his/her power and position in the criminal justice system (Goff 2).
Abuse of authority is a form of police misconduct when police officers use coercion in their interactions with citizens (Goff 2). Such behaviors may take four different forms. First, verbal coercion implies the use of threats, promises, language manipulations, and deception to achieve the officer’s legal or illegal purposes (Goff 2). Second, physical coercion means the use of physical force against citizens (Goff 2). Third, non-lethal coercion covers all behaviors that involve the use of weapons, instead of physical strength (Goff 2). Fourth, lethal coercion takes place when the use of a deadly weapon leads (or threatens to lead) to a serious injury and even death (Goff 2).
The current state of literature provides compelling evidence that the use of excessive force by police is quite common in Canada. Almost every week Canadian media report at least one case of using excessive force by policemen (Goff 2). Physical abuse is quite rare, unlike verbal abuse that remains the most frequent form of police misconduct in the Canadian criminal justice system (Goff 2). Apart from physical and verbal abuse, the risks of using laws selectively should not be ignored – Goff describes selective law enforcement as one of the most popular forms of police misconduct (2). It is particularly difficult to detect, but it has the greatest potential to reinforce the existing discrimination and bias in criminal justice (Goff 3).
Police misconduct happens for a variety of reasons. Many causes of police coercion are individual. In other words, there is always a small group of officers, who undermine the image of fairness, honesty, and justice in the entire criminal justice system. Statistically, 10 percent of officers who are problematic and coercive are responsible for more than 90 percent of citizen complaints (Goff 3). Their actions are caused by structural and cultural factors. From the structural perspective, police misconduct is a complex product of the larger social system, in which police officers are bound to operate (Prenzler 20). On the one hand, frequent contacts with suspected and real offenders create a temptation to “trade benefits for immunity from prosecution” (Prenzler 20). Furthermore, the nature of the police work makes it difficult for managers and supervisors to control officers in their everyday tasks (Prenzler 20).
This is particularly the case of patrol officers, who are likely to abuse their professional position and power for personal benefit. On the other hand, the organisational culture in most police departments favours coercion, corruption, and misconduct. Protective solidarity and secrecy are the two pillars, on which the organisational culture of police currently rests (Prenzler 23). Some police officers engage in coercion and misconduct, because they know that the code of silence offers enough protection against an effective legal response. Some others believe that being coercive is a part of their professional image. In any case, police misconduct is a problem that has persisted for decades. It keeps influencing the public image of police officers.
Here, tasers deserve particular attention. They are actively used by police professionals and increase the extent of police misconduct, particularly in relation to the excessive use of force against citizens. In 2007, police tasers killed Polish immigrant Robert Dziekanski (Bronski). He arrived at the Vancouver British Columbia International Airport as a legal immigrant and had to meet his mother (Bronski). Due to the lack of language proficiency, he was lost. When confronted by police officers, the immigrant was shocked by the strikes of the taser gun and asphyxiated (Bronski). Tasers are intended to be used by police officers against violent offenders without hurting them badly. Unfortunately, they are often used against innocent and obviously compliant citizens, who expect the police to be a helper, rather than a killer. This is why the system of criminal justice in Canada develops numerous interventions to reduce the scope of police misconduct.
Goff lists a number of potentially effective interventions that can help to deal with the problem of police coercion (4). Given the growing number of “problematic” officers, the so-called “early warning system” has become a relevant response to the problem of police coercion. Goff describes it as an effective tool of police management, which allows identifying and dealing with the most problematic personnel (4). Citizen oversight is another promising intervention against police misconduct. The Royal Commission has the legal power to investigate cases of police misconduct, but its effectiveness in dealing with police coercion is questionable (Goff 5).
Internal investigations are used to engage the police in the analysis of their own wrongdoings (Goof 5). This intervention is claimed to be inherently biased, since police professionals are very likely to deny the fact of misconduct or, if evidence is too compelling, impose symbolic penalties (Goff 5). A popular approach against police misconduct is establishing a civilian agency to deal with such cases (Goff 5). Citizen review boards are also quite common. Civil liability is a promising mechanism of controlling and dealing with police misconduct (Goff 8). Civil liability allows suing individual policemen or the entire police services for the injuries or damage caused by coercion.
Reintegration and Parole
Recently, rehabilitation has come to occupy one of the most significant places in the philosophy of criminal justice. As a result, community reintegration and parole are currently viewed as the two advantageous approaches to decision making in courts. Community reintegration is a strong rehabilitation theory, which rests on the assumption that a rehabilitated offender is no longer dangerous to the community (Goff 1). Unfortunately, the question of how dangerous offenders on parole can be has no definite answer. The criminal justice system in Canada allows releasing offenders into the community before they finish their sentence (Goff 1). A popular option is applying conditional sentences to non-serious offences. In case the circumstances of the case change, these releases can be invoked to ensure public safety (Goff 1). Broadly defined, reintegration emphasises the importance of acquiring social and professional skills by criminal offenders, as they live and work in community settings (Goff 1).
Neither community reintegration nor parole is without deficiencies. One of the considerable weaknesses of the reintegration approach is that it treats recidivism factors as predictable and known to the public (Goff 2). These factors are divided into three different categories: antisocial attitudes, pro-criminal associates, and antisocial personality features (Goff 2). The problem with this approach is that defining all possible categories of risk in crime and recidivism is not always possible; nor is it possible to ensure that the offenders released on parole are absolutely safe to the community. Public safety is not the only challenge facing offenders and communities in relation to reintegration and parole.
First, as Petersilia reports, many parolees fail to meet even their basic needs (362). Millions of people in Canada have been released on parole, and their number keeps growing every year. Not surprisingly, the criminal justice system may simply be incapable of addressing the unique needs of each and every parolee. Many parolees have spent long years in prison. They have a long history of substance abuse and crime (Petersilia 364). They need excellent support and professional help to become full members of their community, but they cannot always obtain such help, when they need it most. As a result, some of them have to join gangs or ask their crime allies for help, thus increasing their chances to return to a correctional setting.
Second, in the absence of viable support and quality services for parolees, community becomes less cohesive and more socially disorganised. Petersilia writes that, with the growing number of offenders released on parole and in the absence of effective community reintegration frameworks, the risks of crime become much higher. They result in the substitution of social norms, disorganisation, and damaged social control networks (366). Most parolees, especially those who have spent long years in prison, are released into their communities without any employment benefits or savings (Petersilia 366). They have no adequate professional skills, and some of them display low levels of numeric and prose literacy (Petersilia 366). Such parolees are bound to spend their lives as unemployed individuals, and they will be more prone to commit a crime in order to survive.
Third, stigma is one of the most significant problems encountered by parolees as they are released into the community. “Incarceration is also stigmatising, and there is increased reluctance among employers to hire ex-offenders” (Petersilia 366). Phillips continues this topic, and the results of her empirical investigation suggest that most people perceive ex-offenders more negatively than individuals without any history of crime and incarceration (123). These perceptions are consistent with the signs of stigma, when individuals released from correctional facilities into the community are ascribed non-existent negative traits, based on their social status (Phillips 123). Ex-offenders fail to reintegrate into the target community due to the lack of programs that could teach them excellent reintegration skills (Phillips 123). They are virtually unprepared to withstand the social pressures of life beyond the correctional setting, and the community does not welcome their release.
As Goff suggests, community reintegration and release on parole cannot be effective without meeting three important goals: providing comprehensive and effective supervision, making programming services available to ex-offenders, and ensuring sufficient levels of community involvement (6). Supervision means that offenders are constantly monitored in the course of their activity within the community (Goff 6). Trained volunteers and parole officers can assume responsibilities for monitoring ex-offenders on their way to community reintegration. Programming means that the offender can access easily and participate in the programs, which are designed to meet his/her needs (Goff 6). Finally, community involvement is the most problematic aspect of community reintegration and parole, since not all community members may welcome offender participation in their programs (Goff 6).
Wrongful Convictions
Wrongful convictions remain a serious problem in the modern criminal justice system. Even in the presence of advanced methods of investigation, prosecutors and the jury cannot always develop a just and fair conclusion. Thousands of people spend their lives in prison for the crimes they never committed. The situation is particularly challenging in the context of death penalty: a total of 316 post-conviction exonerations took place in the United States, with an average of 13.5 years spent in prison by each exoneree (Innocence Project).
In Canada, the philosophy of the modern criminal justice system rests on the fundamental assumption that a person is not guilty, unless otherwise proven (Goff 2). DNA testing offers a relevant alternative to traditional investigation techniques. It is due to the use of DNA testing that more than 25 percent of suspects are excluded before the trial (Goff 2). Still, the problem of wrongful convictions is very serious. The main cause of wrongful convictions is eyewitness error (Goff 3). In 84 percent of DNA exonerations, eyewitness error was found to be the primary cause of wrongful convictions (Goff 3). Contemporary researchers are interested in solving the dilemma of eyewitness errors. For example, Wise, Dauphinais and Safer offer a tripartite solution to the problem, which includes expert testimony, enhanced procedures for collecting eyewitness evidence, and education provided to ensure that all participants of the criminal justice process are aware of the strengths and weaknesses of eyewitness identification (807).
Eyewitness error is not the only cause of wrongful convictions. Forensic errors remain quite common. Forensic scientists keep using faulty evidence, which leads to wrongful convictions (Goff 4). Some forensic experts make misstatements in relation to the evidence they have identified on the crime scene or through laboratory investigations (Goff 4). Others make misleading statements that eventually result in wrongful decisions. In the United States, almost every second wrongful conviction is due to the questionable quality of forensic conclusions (Goff 4). Given the severity of the problem, some Canadian provinces organise forensic evidence review committees to check upon the appropriateness and suitability of the forensic evidence used to support murder convictions (Goff 4). One of such committees was created by the Manitoba Justice Department (Goff 4).
In addition to eyewitness error and forensic errors, prosecutorial misconduct greatly contributes to the problem of wrongful convictions in Canada. Murder cases represent the biggest problem. In the pursuit of legal glory and public recognition, prosecutors cannot stay objective in their analyses of the existing forensic evidence (Goff 4). In addition to misleading statements of eyewitnesses and forensic scientists, prosecutors are extremely vulnerable to fame and glory mistakes. At times, they use questionable or false evidence to support their position in court (Goff 4). At other times, they may tamper with witnesses (Goff 4).
Goff recommends recording all interrogations that take place in the process of forensic investigation (4). Modern technologies offer unlimited opportunities for improving the quality of forensic evidence used in courts. Moreover, the use of modern technologies for information recording can motivate prosecutors to avoid coercion in their communication with the suspects (Goff 4). The question is in whether the proposed methods are enough to reduce the risks of wrongful convictions, especially when it comes to high-profile cases. Goff does not provide any answer.
The anatomy of wrongful convictions is so complex that it is virtually impossible to limit their scope to the three causes mentioned above. Medwed explores the notorious case of the wrongful murder conviction in People v. Wong and concludes that, beyond eyewitness error, the factors which have contributed to the justice mistake are racial prejudice and the use of jailhouse informants (357). At the same time, the case supports the statement made by Goff in relation to exculpatory evidence (4).
“Prison investigators and county prosecutors exhibited a classic case of ‘tunnel vision’ where, after arresting Wong at the outset, law enforcement officials consistently turned a blind eye to exculpatory evidence as it surfaced over time.” (Medwed 357)
Medwed points to the controversies surrounding the use of informants in criminal justice and the risks of wrongful convictions it actually incurs (369). In his view, Canada presents a wonderful example of how informant evidence should be treated in courts (Medwed 369). New procedures to confirm the reliability of informant evidence should be in place to reduce the risks of wrongful convictions. The criminal justice system should learn to treat such evidence with caution. Unfortunately, even when these procedures are implemented, the criminal justice system will not be secured from the risks of racial prejudice and bias.
Goff does not say anything about the role of race and ethnicity in wrongful convictions. Yet, the issues of racial and ethnic prejudice in criminal justice are well-known. The importance of the issue is justified by the compelling evidence that non-white individuals are disproportionately represented in the criminal justice system, making up the majority of the population incarcerated for violent offenses (Kalunta-Crumpton 173). In the United States, the overrepresentation of African Americans in courts and on death row raises the questions of objectivity, fairness, and impartialness of the criminal justice system. It also questions the adequacy of the existing forensic methodologies in cases involving non-white suspects.
The issue of race impacts all stages of the criminal justice process. It makes eyewitnesses particularly susceptible to biased judgments and mistakes. Some eyewitnesses may choose to make misstatements intentionally, based on their personal beliefs about race (Medwed 374). These problems reflect the legacy of racial discrimination that transcends all aspects of the Canadian and American history. Non-white suspects are often perceived as foreigners, whose subordinate social status is further reinforced through the wrongful decisions made by courts. Cross-racial misidentification remains an issue of hot concern in criminal justice (Medwed 375). Many judges and jurors project their racial stereotypes on innocent defendants (Medwed 375).
Apparently, there is no universal solution to the problem of wrongful convictions. The most effective will be a strategy that incorporates different models and approaches to address the multiple facets of the issue. Unfortunately, the current system of criminal justice is too conservative to adopt any revolutionary strategies against wrongful convictions. Wise, Dauphinais and Safer write that the criminal justice and court systems in America do not demonstrate the level of flexibility needed to deal with the problem of forensic errors, eyewitness error, and others (819). In most cases, solutions are limited to traditional safeguards, such as cross-examination, but their efficacy is quite low.
Given the scope of the issue, new interventions must be developed at the system level, so that all components of the criminal justice system are actively involved in the process. Because wrongful convictions are attributed to different factors and causes, such interventions must be complex but leave enough room for innovations and improvements. Such strategies must be regularly updated to reflect the latest findings in the field of criminal prosecution and justice. This is the only way the society can at least reduce the incidence of wrongful convictions and improve the public image of the criminal justice system, making it more objective and less biased in relation to all defendants, without any exception.
Burns, Mark E. “Electronic Home Detention: New Sentencing Alternative Demands Uniform Standards.” The Journal of Contemporary Law 18.1 (1992): 75-89. Print.
Goff, Colin. Criminal Justice in Canada, Toronto: Nelson Publication, 2014. Print.
Innocence Project. DNA Exonerations Worldwide. 2013. Web.
Kalunta-Crumpton, Anita. “Race and Justice: Wrongful Convictions of African American Men.” British Journal of Criminology 53.1 (2013): 173-175. Print.
Medwed, Daniel S. “Anatomy of a Wrongful Conviction: Theoretical Implications and Practical Solutions.” Villanova Law Review 51.2 (2006): 337-378. Print.
Petersilia, Joan. “Prisoner Reentry: Public Safety and Reintegration Challenges.” The Prison Journal 81.3 (2001): 360-375. Print.
Phillips, Linsday A. “Perception of Community Reintegration from Correctional and Psychiatric Settings.” International Journal of Psychosocial Rehabilitation 17.2 (2013): 119-128. Print.
Prenzler, Tim. Police Corruption: Preventing Misconduct and Maintaining Integrity. New York: CRC Press, 2009. Print.
Wise, Richard A., Kristen A. Dauphinais, and Martin A. Safer. “A Tripartite Solution to Eyewitness Error.” Journal of Criminal Law and Criminology 97.3 (2007): 807- 872. Print.
For those desiring a career that upholds the current social system in preventing crime, ensuring that the rule of law prevails and provides a system of rehabilitation for those who have broken the law, the pursuit of a career in criminal justice is the best possible option. In essence, criminal justice is a system of practices involving various government institutions whose sole purpose is ensuring that the current social order prevails through the use of laws, practices and codes of conduct (What is criminal justices, 2009).
The choice of a particular career path varies depending on personal preference; one could pursue a career in law enforcement such as becoming police detective, homicide investigator or in various illegal narcotic prevention departments. There are also other careers that have less field work such as becoming a defense attorney, prosecutor or even a job policing international crime through the investigation of incoming and outgoing shipments. In summary, a career in criminal justice involves many facets of the law but they all pursue the same objective in ensuring the continued stability of society.
Article
Counseling people to consciousness From EBSCO HOST
The article profiles Lenard J. Hébert II, executive director of Reality House, a drug rehabilitation center on 12th Avenue and 125th Street in Harlem, New York City. The 57-year-old director takes a holistic, cultural approach to rehabilitation. It is one that takes into account the predominantly Black and Latino population the center serves with substance abuse, criminal justice, career development and HIV/AIDS counseling programs (Mguni 2005). In the three years since Hébert has been Reality House’s director, he’s won the petition for the state-funded center to observe May 19 and January 6 as holidays.
Professional Associations
The NCJRS (National Criminal Justice Reference Service) is a repository of various articles, cases, documents and files related to criminal justice (About NCJRS, 2010). The mission of the organization is to ensure that anyone interested in cases involving crime, public safety, victim assistance etc can avail of the services of the NCJRS. Most of the members of the NCJRS are local government units in various U.S. states however the U.S. justice department and FBI are regular contributing members to the amount of cases and documents being included to the site. While there are no specific memberships dues all information within the site has to be purchases before it can be views with prices varying per article. The site does produce a bi-weekly article called JUSTINFO that includes various links to publications, conferences and various other resources.
The National Archive of Criminal Justice Data is an archive of all recent cases involving criminal justice within the U.S. ranging from topics involving capital punishment to violence against women (About NACJ, 2009).
The mission of the organization is to help facilitate research into criminology through the preservation of various accumulated data resources involving court cases and various other data. The members of the site are the Bureau of Justice Statistics and the National Institute of Justice. The site has 16 publications ranging in topics from “Capital Punishment in the United States to “Homicides in Chicago”. While membership is free access to the various sections of the site as well as the publications does involve a small monthly fee.
The National Institute of justice provides various online articles concerning criminal justice however it is unique in that it provides information relating not only to criminal justice in general but in specific fields such as forensic sciences and the latest developments in technology (About NIJ, 2010). The NIJ is an agency of the U.S. department of Justice that deals in research, development and evaluation of the latest developments in criminal justice. As such its mission is to work together with partner agencies in order to make a difference in criminal justice through scientific research and development. As a government agency the website does not contain a membership service however it does publish the NIJ journal several times a year which can be downloaded for free off the website.
Virginia Laws and Codes
This website provides all current and pending bills, laws and codes in the state of Virginia. While it does act as a general information site for students and law makers alike to compare cases with current or pending bills. One unique aspect of the site is that it has an application called CBT or the Citizens Bill Tracking application that allows users to track up to 5 separate bills in one profile. Overall, for any cases in direct relation to Virginia state law this would be the ideal site to go to.
References
About nacjd. (2009). National Archive of Criminal Justice Data. Web.
About ncjrs. (2010). National Criminal Justice Reference Service. Web.
About nij. (2010). National Institute of Justice. Web.
Mfuni, T. (2005). Counseling people to consciousness. New York Amsterdam News, 96(50), 5. Web.
As change is commonly believed to be a constant factor in our every day lives, we expect to see it happen in all of the aspects of our daily endeavors. Criminal justice is a very important area of concern for security to lives and property.
A comfortable conjecture will be to say that the need for our safety should be a drive for our struggle for justice. From the police, to the court, to the correctional facility, we expect the criminal justice system to find a satisfactory balance between need for safety and justice so that people can be free to pursue personal interests while remaining safe and secure.
Implementation of current technology devices
In America today, computers in police stations and law enforcement agencies are used for data collection, information retrieval and as a trends establishment tool. Increasingly sophisticated intelligence databases will likely be used not only by the police department, but by also the general public (Ritter, 2006).
Developments in surveillance, biometrics, analysis of DNA, and radio frequency identification microchips will definitely enhance crime prevention and solving. Even advancement in computer science and technology will surely be an added advantage as trends and statistic values could be used to determine probability of occurrence of a crime.
I believe this will help in anticipation of criminal activities so that prevention may occur in a timely manner. Social Networking should not also be left out. Nowadays, it is almost common knowledge that lots of individuals and organizations use social networking sites for information and communication. A comfortable conjecture towards development in the criminal justice field will be the use of these social networking sites as an interaction tool with the communities served, for sharing critical information and collecting tips (Walker, 1992).
Reasons for delay in justice
Almost anyone will agree that there are human right complications and compromises in law courts due to incomplete information on some cases and wrong judgments are often pronounced as a result. Perhaps an expectation in the future will be to have a periodic review of cases for in-mates and a swift conviction overturning process on cases that have been wrongly judged so that individuals not guilty of a crime may be exonerated and our correctional facilities decongested.
Another problem is usually with communication mostly for people with cross-national cultures and or foreign orientation and backgrounds. The recognition of more languages and the use of human interpreters has been the conventional means to tackle matters of communication but I believe that over the next fifty years, technology will be better developed and voice recognition and speech making software programs will have so many cultural and historic databases embedded in them for a clearer interpretation and pronouncement to act as a perfect or rather better substitute to the use of human interpreters and errors in communication may be minimized further.
Disadvantages of Implementation of current technology devices
My perceived disadvantage of this will be that some individuals will be relieved of their duties to the state as human interpreters in law courts thereby causing unemployment for a lot more members of the populace.
This unemployment I believe, if continued for a prolonged time will induce these relieved people to commit financial and economic crimes and since they understand the law better by their continual participation in court proceedings, they are more likely to develop ways to counter the justice system so that they get away with their trespasses to the law (Schmalleger, 2001).
One other technological advancement I look up to see over the next 50 years is the conduct of court proceedings over the internet by video conferencing so that physical courts may be less busy and only matters of certain types, nature or level of seriousness will be decided in them.
Currently, our prisons are crowded and the cost of maintaining, expanding and rehabilitating these correctional facilities is on the high side and as tax payers we show concerns because an increase in the number of correctional facilities and or the volume of the people in them may imply a higher cost to us. So, reducing the number of people that goes into these facilities is a goal for the criminal justice system in order to reduce the government spending that goes into the maintenance, expansion and rehabilitation of correctional facilities.
An easy way out may be to establish a strong partnership between the correctional facilities administration and religious organizations and educational institutions for the teachings and communication of moral values so that crimes may be reduced in the society. I also believe that the earlier stages of a released prisoner’s freedom should be monitored so that she or he does not return to the circumstances to which she or he had to commit the crime in the previous instance(s). It is also my belief that a higher level of community involvement and awareness can help keep crimes on the low.
Ritter (2006) helped us understand further, as observed by researchers that criminals evolve and change as their potential victims take preventive measures. To better counter crime in a more global village, Brent explains the global trends evolving in the field of criminal justice. Factors such as bilateral transfer of information between countries, multilateral innovation, global dissemination of justice products, empirical evidence in the form of civilian oversight, prosecution and indigent defense, and television programs like “Law and Order” will help shape our expectation of the criminal justice system in the near future.
Conclusion
In conclusion, we now understand that from the police, to the court, to the correctional facility, we expect the criminal justice system to find a satisfactory balance between need for safety and justice so that people can be free to pursue personal interests while remaining safe and secure (Davis, et al. 1992).
Works Cited
Davis, V. et al. (1992). “The importance of victim satisfaction: a commentary: Discussion of restitution, the victims’ viewpoint.” The Justice System Journal, 15: 759-764.
Ritter, N. M. (2006). Preparing for the Future: Criminal Justice in 2040. NIJ Journal No. 255.
Schmalleger,. (2001). Criminal Justice Today: An Introductory Text for the 21st Century. Upper Saddle River, NJ: Prentice Hall.
Walker, S. (1992). “Origins of the Contemporary Criminal Justice Paradigm: The American Bar Foundation Survey, 1953-1969″. Justice Quarterly 9 (1).
The criminal justice system is an intricate network of laws that prevents chaos and makes people responsible for their actions. Many psychological problems of an individual, including mental disorders such as psychopathic nature, have been inevitably linked to crime, but the treatment and decisions made towards these individuals is a grey area. The big question is whether a person is capable of understanding their guilt or they have no or little control over their actions and act without thinking?
The diagnosis and key terms have often played an integral part in defining the disorder. The criminal justice of the United States, Canada and United Kingdom, all have unique details in regards to the mental irregularity. The process of treatment and sentencing has been made difficult by the inability to come to a common decision by scientists, psychiatrists and the law. Some say that the disorder is so severe that it causes criminal behavior and is linked to the other people directly. Often, abnormality of a person’s mental processes is cited as the key problem, but there has been an opposing view.
One side argues that it is a genetic malfunction and a person has the disorder since childhood. An individual with such mental problem is anti-social and often, violates the rights of other people. Morality is one of the key issues, as a psychopath is unable to feel any ethical or moral concerns for the well being of others or the whole society. They also were shown to feel no remorse, which is quite dangerous and leads to high levels of recidivism. In order for these people to be treated as mentally ill patients, they must show an almost global loss of reasoning and cognitive functions. As psychopaths are unable to learn from their past actions, it makes them extremely immoral in the wide sense of the word.
But an opposing side is that these people are aware of their actions and that it is wrong. The fact that they can register and comprehend their actions makes them responsible and in some cases, “diminished responsibility” verdict was carried out. It is unclear if a psychopath can choose to commit the crime or apply an effort and avoid the negative and un-human behavior. If someone does not feel morally responsible for the crime, does not mean that they had no control over their actions, as they could base their deeds on own desires instead of other people’s.
Properly defining and explaining the disorder is a very sensitive matter, as it endangers the law and the whole system of justice. Even though people have rights and can sometimes commit acts they had no control over, responsibility is still felt, making the decision a conscious and reasonable choice. The biological nature of the disorder clashes with the opinion that it is the environment that causes such behavior. If it is the environment and not internal stimuli, then the disorder can be controlled, as the environment can be controlled to almost a full degree. It is the inner biological and genetical world that cannot be accessed.
Unfortunately, science was unable to provide a clear answer, as to the amount of control a psychopath exhibits over own actions. There is much research that must be done, in the meantime, it is important to isolate and study this disorder, to prevent crime and grief.