The purpose of the study would be to examine the misconduct of prison wardens specifically as it relates to how they treat inmates.
The role used to observe
The role I would use to observe is a participant observer. This implies that I would have to impersonate myself as an inmate in the prison facility under investigation. As an inmate, I will be locked in the prison facility and would undertake the same sort of activities as the inmates. In short, I would have to be one of them and receive the same type of treatment as the rest.
How to gain access to the subjects
The success of this role would depend greatly on support and coordination from the law enforcement agencies. First and foremost, the law enforcement agencies would need to understand the essence and importance of the study to the criminal justice system. Gaining access to the subjects of the study would therefore require permission from the law enforcement authorities to be locked up in the prison. Nevertheless, the prison facility should not be aware of my presence as an investigator because their knowledge would alter the natural setting of the prison. For instance, if the prison knows that my role is to observe how the prison wardens treat the inmates, the prison would force the wardens to treat the inmates in a different manner than the norm so that their reputation is not damaged.
Questions to be asked
The questions that I would like to ask the inmates include: How often do you have your meals? How would you describe the quality of the foods you eat at the prison? What type of punishment are you given by the prison wardens? Do you have time to engage in any social activities like sports? Do the prison wardens assault you physically, verbally, sexually, or any other way?
In addition to getting the responses to the questions through informal interviews with the inmates, I would also be able to get the responses to the questions by observing what goes on in the prison.
Recording the observations
Recording the observations will be done using two main instruments: a video camera and field notes. The video camera would have to be unnoticeable and so small that I can hide it in my clothes wherever I go. The essence of this is to avoid attracting the attention of the wardens or the administrators of the prison facility who may discover who exactly I am and thus may end up disrupting my investigation. The use of the video camera would enable me to record most of what goes on in the prison, for instance, how the prison wardens treat the inmates, the types of punishment the inmates are forced to carry out, and the types of meals they are fed. The major advantage of the video camera is that it can capture the video as well as the audio aspects of the observations.
Field notes would also be used to record observations. Field notes will be used to record those observations or happenings that cannot be captured by the video camera, for instance, the frequency with which the inmates are fed, whether or not they are allowed to engage in social activities, and issue concerning the prison culture. The use of these two instruments would enable the researcher to gain a deeper insight into the problem under investigation.
Criminal justice system is a set of social laws that are regulated by the government in order to establish law and order within the administrative limits. It is the combination of all the administrative, operational, and technical divisions that are part of the law enforcement agencies (Gaines & Miller, 2010). The study of criminal justice is a broad topic, and is also concerned with the rehabilitation of criminals. This essay will describe the key elements of law enforcement agencies, the key elements of its correctional system, and it also defines the key players and processes of the judicial system. Lastly, the essay shows how these factors work together to provide security to the people.
Law enforcement agencies could be divided into three levels 1) the local or county level, 2) state level, and 3) the federal level of law enforcement agency. The local level agencies are at the center of the whole system. They have all major responsibilities of maintaining the peace, by resolving everyday conflicts between the citizens and maintaining peace. State police is responsible for highway patrol and for the protection of the environment. The federal level is responsible for homeland security. Federal agencies usually consist of state intelligence, and they are responsible for issues like violent crimes, drugs, human trafficking and so on (Gaines & Miller, 2010).
The correction is referred to that criminal justice system which is related to the correctional institutions. The essential elements of the correctional system are
probation,
Jail,
Prison, and
Parole.
Probation is the testing period of the offenders in which they are released but they have to obey certain rules which are set according to law. Jail is a local correctional facility that holds those prisoners that are under trail. Prison is correctional facility that holds the convicted criminals for the period of confinement ordered by the court, usually more than one year. Parole is community supervision after incarceration (Gaines & Miller, 2010).
There are four key players in judicial system. The defendant, the person accused of committing the crime, the Prosecutor who conducts the criminal prosecution on behalf of the state, the defense attorney who defends the defendant in the court, and the judge who presides over the case. The criminal justice processes consist of all the steps that are involved from the filling of the complaint through the final decision against the offender. These key processes are arrest, bail, trail, sentencing, appeal, and the punishment (Gaines & Miller, 2010).
All of the above mentioned processes are supervised by law. The state’s constitutional assemblies make laws in the best interests of the people of the state. The law enforcement agencies have the responsibility to maintain these laws, so that peace is not violated. If the peace is violated, the criminal justice system has the responsibility to safeguard the security of the citizens. The responsibility of the law enforcement agencies is to bring the suspect before the court and provide the evidence supporting charge against the accused. Now judicial system has to decide whether the accusations against the defendants are fair and just or they are false. The judicial system has the power to give the final decision about the defendants. They could decide the punishments according to the crimes committed. In this way the security of the citizens are ensured.
References
Gaines, L. K., & Miller, R. L. (2010). Criminal Justice in Action. New York: Cengage Learning.
Hutchinson, Keller, and Reid (2009) argue that prisoner discipline is something that should be taken seriously in order to support the goals of every correctional facility. This fact explains why extensive procedures are used to discipline inmates in different jails. Such procedures are put in place to ensure corrections officers impose the required behavior. The important goal is “to have maximum effect on the conduct of every inmate” (Hutchinson et al., 2009, p. 3). However, I strongly believe that such extensive procedures should not be used. This is the case because positive management of inmates can produce effective behaviors. The approach can also create safe working environments for officers and eventually support the needs of every inmate. Several reports have also been mentioned in the “Sample Disciplinary Procedures”. Such reports focus on the best approaches that can be used to present new changes in correctional facilities.
There are several steps required when filing changes within a correctional facility. Such steps usually define the essentials of good reports. The seven essentials of a good report are useful whenever implementing new disciplinary steps. The first step is overview. This step is an executive summary detailing the aspects of the report. The second one is milestones. This step indicates the progress or completion of the project. The budget shows the projected expenditure. The next step details the potential risks. The fifth one includes the targeted issues while the sixth indicates the decisions and actions (Davis & Kam, 2010). This section shows what should be undertaken and implemented. The final step includes contact details. These seven essentials can be used to formulate and propose appropriate disciplinary steps for different facilities. Such steps will be used to propose specific actions and implementations that can deliver better disciplinary actions.
Discussion 5.1: Reporting Systems
The Uniform Crime Reports (UCR) obtains and publishes data and information on crime. The information is usually published by the Federal Bureau of Investigation (FBI). The program has a number of requirements. The first one is known as the Hierarchy Rule whereby the right channels should be followed throughout the reporting process. The FBI also does not accept different hardcopy submissions. Various data formats for submission are also expected by the FBI. Some of these UCR requirements affect the accuracy of the report (Black, 2014). For example, the Hierarchy Rule discourages more police officers from reporting various crimes. The use of specific data formats makes it hard for many individuals to submit their observations.
The National Incident-Based Reporting System (NIBRS) is also used to deliver various criminal reports. This reporting system differs significantly from the UCR. For instance, NIBRS requires law enforcement agents to gather incident-level information about various offenses. Such agencies should ensure the submitted data has specific values and elements. The other requirement is that both qualitative and quantitative data should be presented. The data retained by UCR is usually gathered by police officers. The quality of data gathered is also different. The only similarity is that the information gathered by the two systems focuses on crime in the United States (Cooper, Griesel, & Ternes, 2013). The NIBRS reporting system is preferable because it offers qualitative and quantitative information. The information is also accurate and useful for policy implementation.
The purpose of crime analysis is to study various social and disorder problems affecting different societies. It helps police officers reduce crime and disorder in the society. Crime analysis will therefore equip me with appropriate strategies for studying and monitoring crime (Black, 2014). The approach will make it easier for me to identify new practices and theories that can reduce crime. As well, the knowledge will be useful for continued policy implementation.
Discussion 5.2: Report Writing Software
Report-writing software has become common due to the current use of modern technologies. This software generates accurate and readable reports from a wide range of databases. These systems are advantageous because they make it easier for researchers to gather and analyze data. Large datasets can also be analyzed within the shortest time possible. The analyzed information is human-readable. Researchers can present the data using different tools such as charts. Readers can use the published information for various purposes including policymaking. However, some disadvantages are also associated with this software. The software requires that the users are computer literate (Black, 2014). Such data sets are also vulnerable to phishing and hacking. Researchers and analysts can be biased and deliver inaccurate information. Technology also changes fast thus forcing different data handlers and readers to upgrade their systems.
This software is a resourceful tool for a criminal justice professional. The tool allows the professional to consult various databases in order to make appropriate analyses (Cooper et al., 2013). The information is then arranged and published depending on the targeted outcomes. The analytical process also depends on the targeted reader. I will always use different report writing software to make appropriate observations and inferences. The final report can also be easily published thus making it available to different readers. I will also use the software to examine different reports and publications by other professionals (Hutchinson, Keller, & Reid, 2009). The gathered information will be critical towards making desirable decisions and conclusions. I will also examine the aspects associated with different software applications. The approach will make it easier for me to achieve every career objective.
Discussion 7.1: Modes of Speech
People can use various modes of speech to communicate with their friends, relatives, and workmates. The three modes of speech include impromptu, reading, and memorization. A good example of an impromptu mode of speech is when a specific speaker gives his or her message. Popular speakers do not prepare written speeches. They can use sketch notes to guide them. The best example of the second mode is when a president is giving a speech. Such a speech is usually written by an expert in order to make it meaningful. A good example of memorization is when a student is reading a presentation. It is therefore appropriate for individuals to consider the differences associated with these modes of speech in order to have effective communication (Davis & Kam, 2010). Some people use extemporaneous mode of speech whereby they combine some aspects of the above methods.
My dominant speech mode is impromptu. There are several facts that support this argument. Within the past few years, I have been practicing and communicating with different people in order to improve my skills. I have gained the required experience thus being able to plan and deliver formal presentations. This approach makes me assertive and persuasive whenever communicating with different individuals. I am also focusing on the best approaches and techniques that can improve my communication skills. It is also appropriate to be aware of the speech mode of the individual being interviewed (Davis & Kam, 2010). This knowledge is relevant because it makes it easier for the interviewer to identify the challenges and pitfalls affecting the process. The individual will also be able to respond effectively depending on the targeted outcomes. A proper knowledge of the interviewee’s mode of speech will make it possible for the interviewer to embrace the best tactics and ask relevant questions.
Discussion 7.2: Distractions
Distractions affect the success of every communication process. For example, cultural and ethnic differences will affect the quality of communication. The surrounding environment can also be a potential source of distraction. The mental capacity of the targeted suspect or interviewee is also something that should be taken seriously. The expertise, background, and profession of the targeted suspect are things that can result in disruptive behaviors. As well, interviewers will definitely see various types of stress in their interviewees. Such interviewers should therefore “be aware of specific types of stress such as chronic or acute pain, lack of basic needs, and external pressures” (Hoffman, 2005, p. 4). Individuals facing a huge case will also show signs of stress. The interviewer should encourage such an interviewee to communicate using appropriate techniques (Cooper et al., 2013). For example, the interviewer should remain focused and listen attentively. Active participation will make it easier for the targeted individual to remain focused and be part of the processes. The interviewee’s ability to communicate can be improved by dealing with the stressful situation. Effective communication skills will encourage the targeted individual to talk.
More often than not, an interviewee will demonstrate destructive behavior. The existence of geographical and cultural differences can be difficult to manage. The interviewee might offer specific gestures and behaviors that are hard to analyze. It is also hard to interact successfully with an individual from a different cultural or geographical background (Davis & Kam, 2010). Investigators should therefore examine the behavior of the targeted interviewee carefully. This approach will be used to determine if the reactions are due to manipulative behaviors or cultural differences. The interrogator should be aware of the interviewee’s cultural background in order to get the required results.
Reference List
Davis, J., & Kam, R. (2010). Report Writing for Criminal Justice Professionals: A Complete Text from English Composition to Interviews and Investigations. San Clemente, CA: Law Tech Publishing Group.
Black, I. (2014). The Art of Investigative Interviewing. New York, NY: Butterworth-Heinemann.
Cooper, B., Griesel, D., & Ternes, M. (2013). Applied Issues in Investigative Interviewing, Eyewitness Memory, and Credibility Assessment. New York, NY: Springer Shop.
Hutchinson, V., Keller, K., & Reid, T. (2009). Inmate Behavior Management: The Key to a Safe and Secure Jail. Web.
The proposed paper will focus on exploring a historical perspective of responding to female offending that is also known as violence against women (VAW). Since ancient times, attitudes towards women’s rights were ambiguous and depended on males. Patriarchy was declared the pivotal issue that concerned offenses and punishment for criminals engaging in violence against women. In Ancient Athens, sex offenses against women were punished by a fine to their husband or father, providing no measures that might directly help victims (Chesney-Lind & Pasko, 2013). In Ancient Rome, men were polygamous, and it was documented by law. Thus, while women were deprived of the right to have several husbands, men were allowed to have several wives. The above issue meant that males could not be accused of adultery even if they did so.
Several attempts were made to resolve the identified issue. For example, in the Anglo-Saxon period, it is possible to note Alfred’s laws that primarily focused on sexual intercourse which occurred without the consent of a woman. In particular, the above attempt increased the number of fines for rape and other sexual offenses. Another example is the Sexual Offenses Amendment Act 1976 that was introduced to protect women from such cases. Nowadays, there are several legislations that target equal treatment of women and adequate response to their offense. Therefore, it is essential to discuss this issue in detail, paying attention to its development in the course of history. The paramount goal of the proposed project is the investigation of the criminal justice system response to VAW from a historical viewpoint.
Before the Civil War, there was a rapid increase in crime rates caused by the move of rural Americans and the influx of immigrants to cities. Urbanization promoted a situation conducive to crime, and socio-economic difficulties forced people to commit illegal acts. Among the most frequent ones, one may list homicides, rapes, and violence between White and African-American populations. The patterns of crime included riots of African-Americans struggling against slavery and resistance of Whites to this movement. For example, Ku Klux Klan may be noted as the organization that used terrorism against ex-slaves and activists of African-Americans (Mecklin, 2013). These patterns affected modern brutal trends by promoting violence in African-Americans, who are unjustifiably perceived by many people as more aggressive than others. In my region, sexual offenses and theft are the main criminal trends. As for international comparisons, one may mention the Civil War in France, when similar patterns were observed.
Economic depression is the first event that impacted the criminal justice system in a post-Civil War period. Expressed in unemployment, low wages, and the overall downturn in economics, it caused negative attitudes towards the system. The second event is associated with Eastern European immigration to the US forced by the Russian Revolution and World War I (Jones & Johnstone, 2012). The mass transportation establishment is another issue that allowed plenty of people to move across the US to find a better life. The second and third events impacted the country with an increase in crime rates as they were conducive to unpunished violence. The atmosphere of instability and fear leads to even more brutality and the deterioration of social tension. While the response of the police was the improved measures to combating crime and catching criminals based on racial and ethnic control, courts and the correctional system introduced new mechanisms of punishing them such as probation, parole, and indeterminate imprisonment.
References
Chesney-Lind, M., & Pasko, L. (2013). The female offender: Girls, women, and crime (3rd ed.). Thousand Oaks, CA: Sage.
Jones, M., & Johnstone, P. (2012). History of criminal justice (5th ed.). Waltham, MA: Anderson Publishing.
Mecklin, J. (2013). The Ku Klux Klan: A study of the American mind. Redditch, UK: Read Books.
How Foster Care affects the criminal justice in the United States
A detailed history of the creation of the social agency
Historically, the destiny of dependent children has been put on adult’s contributions and goodwill where adults were expected to look after the dependent children. Throughout the history of the United States, the children welfare system has evolved according to shifting values and attitudes about what responsibilities governmental agencies should take in the defence and care of abandoned and abused children. In the US, it was English Poor Law, which led to the growth and eventual legislation of family foster care.
In the year 1562, these regulations permitted the placements of needy children into practice service until they were old enough to be self-sufficient. When the children became old enough, they were permitted to move on with life and live on their own.
This system was brought to the US and marked the foundation of placing children into willing families. Although this practice allowed cruelty and mistreatment, it was a step ahead from almshouses where children didn’t gain any skills and were exposed to unbearable environs and unsavoury people.
At this time, the early government interventions on behalf of children needing care were characterized more by realistic concerns about meeting the physical needs of children rather than by concern about the negative consequences of abuse and abandonment of children’s development.
John (1993) notes “in 1636, at the time the Jamestown Colony was found, aged seven years old, Benjamin Eaton became US’s first foster child.”
As public awareness about child abuse and the damage it caused grew, the importance of child protection received greater attention by government officials. (Tarren & Hazell 2006) notes “in 1853, Charles Loring Brace, then a minister and director of the New York Children’s Aid Society, formed the free foster home movement group with the main concern of the increasing number of homeless and hungry children in the streets of New York.”
Brace saw the need and came up with a system to offer these children homes. Acknowledging, it was Brace’s caring and imaginative actions which marked the beginning of the foster care agency. (John 1993).
Gradually, the foster care system started to take course. Starting in the early 1900s, the federal Government and other social bodies became more concerned and engaged themselves in looking and offering homes to these needy children. Now, foster parents were required to have licences and have reports and records to ensure that the children received proper care of in a decent and dependable manner.
In 1997, the Adoption and Safe Families Act (ASFA) was enacted and was meant to reduce the duration children were permitted to remain in foster care before they could be adopted. The Foster Care Independence Act of 1999 was passed to help promote youths who were becoming of age to attain self-sufficiency.
The most recent legislation is the Fostering Connections to Success and Increasing Adoptions Act of 2008, which extends other benefits and financing for foster children at the age bracket, 18-21 and for Indian children in racial regions.
A presentation of the mission statement of the social agency
Foster care is inspired to provide a place where children can heal, fostering families build up, and where peacefulness and private development are achieved. The intention of foster care agency is to evade unnecessary institutionalization of children and adults by offering caring, community-based, in-home placings to the many needy children.
The mission of foster care under the child welfare system in the United States is to provide care to children. The system recognizes that foster care should be an inclusive teamwork effort among the care-givers, social workers, the placing agencies, the birth parents, the children and those contributing to the children’s welfare.
Foster care is not only put in place to cater for the provision of safe alternative homes for neglected children but to provide permanent and well being for the children. The role of foster care is a surrogate parent to the children and infants. The social agency’s role of provision of permanent and long-term foster care to children and young people in need of a permanent family placement is a very vital issue that the social agency strives to fulfill. It is not only relevant for the social agencies but also for the judicial system.
Foster care promotes family-based assistance to out-of-home children by: enabling the exchange of information among persons and organizations of different regions; enhancing foster care as a vital plan of family based care; organizing conferences and seminars; consultations; socializing; and assistance. It aims at providing safe, permanent and fostering families within the children’s own environment by sustaining bonds; thus reducing the negative impacts.
Financial reports/summaries of the operations of the social agency
In 1995, each state got more than $2.7 billion in federal aid for about half of the approximated The Federal government offers significant financial assistance to fund foster care programs. The government’s contribution is seen to have grown from about $300 million in 1981 to nearly $10 billion in 2005.
According to the General Accounting Office, in 1993 almost $1.2 billion Federal dollars were allocated to foster care maintenance, while a supplementary $1.2 billion in refunds were allocated to states for foster care-related administrative programs in 495,000 children in foster care. By 2001, federal assistance rose to $4.7 billion with the number of foster care children assisted by the federal increasing by about 26%.
According to a study conducted by the Child Welfare League of America, “the annual welfare cost of one child living with his or her mother is $2,644, while the average cost for the child’s care in residential group care is $36,500.” (U.S. Dept. of Health and Human Services 2004). Currently, the annual expenditures on foster care services are estimated at 15 billion dollar.
A critical analysis of the effectiveness of the social agency
The Fosters care agency has a lot of challenges that affect its effectiveness when caring out its mandate. The social agency plays a very crucial role as it has a character of the social rehabilitation agency. The social agency faces limited recourses despite the fact that there has been a growing demand for the services nationally.
Therefore the agency cannot carry it some of it vital roles hence lack the positive results that the agency is supposed to deliver. The lack of resources has resulted in missing the targets set by the agency as its daily expenditure increases especially in the training programs for the foster parents and adolescent children and in maintaining its interaction with the criminal justice system. (Harden 2004)
The agency has a very intensive program which is involved in the training of children who have different social problems. The involvement of children in juvenile delinquencies stems from exposure to abuse and an extremely distressing experience that causes severe emotional shock and may have long-lasting psychological effects often co-occurs with mood and anxiety problems among children and young people. Other causes may be depressing relationships between the children and their surroundings and social hostility.
For girls it is much more complex due to the fact that they are present in male oriented institutions and programs that are not well crafted to their specific needs. Therefore there is need for services to be based and set up in consideration of gender. This highlighted by figures showing a steady increase in delinquencies among females as compared to males (Lawrence, et al 2006) ways in which the social agency could improve its effectiveness towards its social goals.
The social agency in its endeavor to improve its effectiveness and realize its mission and goal of providing permanence in foster care to underprivileged children, should prepare reports on a monthly basis so as to assess progress and analyze what needs to be done.
This reports should be discussed by all stakeholders so that solutions and policies being developed should be inclusive and be able to cater for all children under foster care whether males or females. The criminal justice board should carry out periodical monitoring workshops to ensure that the agencies are effective.
Cooperation between the social agency and the criminal justice system is very vital for effective services to be realized. The social agency should adhere to performance analyst monitors put in place by the criminal justice system and analyses performance in relation to warrants, community penalty breaches and awarding of licenses.
On the other hand, in case of breach of the rules and regulations by social agencies, the criminal justice system should effect penalties such as revocation of licenses. Prediction concerning the future of the social agency and its impact on the criminal justice system
The Future of the social agency lies in it taking measures to correct the current challenges that it is facing in order to remain efficient and effective and more importantly, have a healthy and sustainable relationship with the criminal justice system.
In order to do this, the agency should be well funded to run its programs effectively thus not experience budgetary constraints as it is have before. In addition the agency should recruit more Para-legal and legal staff to assist in the judicial and legal operations that hence making it easy to work with the criminal justice system by bringing corrective programs into its system at an early stage.
Another issue affecting the agency is lack of enough placements hence more children are still being left out in hostile environments whereby they develop into juveniles at a very young age and carry with them this trait into adulthood or into the foster care program should they get a placement. Past research has shown that former children in foster homes, at least 42 per cent of them ended in prisons once they got into adulthood while 15 percent of them got to prison during their teen hood.
Therefore in order for the agency to be successful, apart from its economical and human resource factors, the agency should take into account the role that placement of children in homes has on them. Thus children who are placed in environmentally friendly homes grow to develop positive attributes while those who are in hostile environments develop negative attributes, a factor that plays a big role in them ending up in prison later on.
Thus both the agency and the criminal justice system should device positive and educative training programs to train the children into being more positive and self conscience while getting rid of attributes they might have acquired during the foster program. Also there should be continuous supervision of children in the program to ensure that they are in placements that contribute to their welfare in the end. (U.S. Dept. of Health and Human Services 2004).
Hence if all the above factors are taken into consideration, the agency is bound to produce positive results while decreasing the number of children who end up in the criminal justice system.
References
Harden, B (2004). “Safety and stability for foster children: a developmental perspective”. The Future of children / Center for the Future of Children, the David and Lucile Packard Foundation. Vol. 11, pp 34-89.
John K. ( 1993). Adoption of Children with Special Needs, Brookings Institution: The Future of Children, Vol. 3, Adoption, pp. 62-76
Lawrence, C. Carlson, E & Egeland, B (2006). “The impact of foster care on development”. Development and psychopathology, Vol 1, pp. 57–76.
Tarren, M; & Hazell, P (2006). “Mental health of children in foster and kinship care in New South Wales, Australia”. Journal of paediatrics and child health, Vol 3, pp. 89–97.
U.S. Dept. of Health and Human Services, (2004). Child Maltreatment, Vol 6, pp.25-96.
The case of Teresa Robinson is among the most shocking offenses of recent years investigated in Canadian youth courts. Teresa, an 11-year-old Manitoba citizen, disappeared in Garden Hill First Nations in May 2015 and was found dead with the signs of sexual assault a few days after (Dangerfield, 2016). The crime gained traction in the media as the murderer turned out to be a 15-year-old boy. This paper summarizes three media articles on the case’s different stages, implements the Youth Criminal Justice Act of 2002, and offers recommendations regarding seeking mental health services.
Source 1 and the YCJA
The first media source is dated 2016 and relates to the unnamed convict’s first appearance in court. The investigative procedures involved taking DNA samples from men aged 15-65 living near the crime scene (Dangerfield, 2016). As a result, a 15-year-old boy living in Garden Hill First Nations became the key suspect and was arrested without incident in March 2016 (Dangerfield, 2016). The boy appeared in court at the Manitoba Juvenile Detention Center and did not demonstrate any interest in communicating with the media, and his family was opposed to the journalists’ presence. The elements of the law relevant to the article’s details include Part 6 10.1, according to which an underage offender’s identifying information, including the name, should not be published (Youth Criminal Justice Act [YCJA], 2002). The reasons for its relevance are that Dangerfield (2016) has no access to the offender’s information. The details pertaining to DNA evidence also partially relate to the act’s access to records rules (YCJA, 2002). These mention DNA forensic analyses as suitable evidence in youth cases, the access to which is obtained under very specific circumstances.
Source 2 and the YCJA
The second article reports the admission of responsibility in this case. According to Pritchard (2017), in December 2017, the detained teen pleaded guilty to the murder of Teresa Robinson. According to the boy’s lawyer, he was ready to admit that a sexual assault had preceded the murder, meaning that the crime would be classified as first-degree murder. The accused was scheduled to return to court in February, and the attorney and defense lawyers were planning to recommend a maximum sentence of ten years for underage convicts (Pritchard, 2017). Part 6 10.1 of the YCJA (2002) is relevant to the article since the offender’s name is still unreported despite the evidence of his involvement in the homicide (YCJA, 2002). The anticipated ten-year sentence mentioned in the source aligns with the Youth Sentences rule 42.2i (YCJA, 2002). According to it, first-degree murders committed by young offenders are punished with sentences not exceeding ten years and comprised of up to six years in custody and under conditional supervision (YCJA, 2002). Therefore, the article demonstrates clear connections to the YCJA provisions.
Source 3 and the YCJA
The most recent article details the selected sentence and the offender’s reactions in court. According to MacLean (2018), in February 2018, the teen was sentenced to six years in prison and four years of court supervision. The sentence, which also included a ten-year weapons prohibition order, was approved by Judge Chris Martin (MacLean, 2018). The absence of mental illness or prior experiences with abusive acts made the convict’s motivations even harder to understand. He expressed the desire to get the necessary help and said sorry to the victim’s family (MacLean, 2018). The Youth Sentences Rule 42.2i is relevant to the final verdict as it contains the ten-year limit that has been considered in the case (YCJA, 2002). Additionally, the decision to prohibit the possession of weapons aligns with the Mandatory Prohibition Order rule 51.1 (YCJA, 2002). Mandatory prohibition orders added to appropriate sentences are required for offenders guilty of violent acts against people (YCJA, 2002). With that in mind, the punishment allocation procedures specified in the YCJA are relevant to the article’s contents.
Personal Opinion/Recommendations
From my viewpoint, based on the details reported in the media, the case of Teresa Robinson’s homicide does not look overcomplicated or suggestive of any other offenders’ presence. Specifically, the DNA from the liquids in the victim’s body clearly matched the offender’s DNA sample, and his overemotional reactions to the pictures of the corpse also indicated his involvement (MacLean, 2018). However, coming up with relevant recommendations for the offender is a challenging endeavor due to his act’s incomprehensible violence and the absence of clear information on the motives. The offender’s criminal capacity has not been called into question, but his actions’ nature implies the presence of intense sexual interest in prepubescent girls, which points to the possibility of developing pedophilic disorders later in life. Thus, to prevent the risks of further episodes of violence after serving his sentence, the offender should proceed with his previously expressed desire to receive help. He should actively seek mental health treatment and assist the corrections system in determining the deeper motives of his act.
Conclusion
In summary, the killing of Teresa Robinson and the subsequent investigations reveal various aspects of the YCJA. These include the maximum sentence for underage offenders committing first-degree murders, crime classifications, identity protection provisions, and the use of weapon prohibition orders. Information reported in the media does not hint at the risks of a false accusation, so the offender can only be recommended to actively collaborate with the corrections system and request mental health help.
Human beings have the greatest ability to use their minds and the knowledge they have gained from life’s experiences to do great things for a noble cause. However, some people have their minds inclined to do evil and break the law due to drug abuse or mental illness. Some people have taken it as a way of earning money for survival. The society established ways of dealing with these groups of people through the implementation of the rule of law to ensure they account for all their actions. This essay aims at outlining the past criminal issues and how to plan for the future of these criminals.
A criminal is any person who violates the set of rules that govern the behavior and conduct of a society in a given jurisdictional territory. A law is a regulation that is to be followed as a guideline to behavior (Schmalleger 22). Given the fact that criminals get their penalties due to the offenses they committed, the society perceives them as evil and unfit to live and associate with other members. For many years their rights have been violated and they have been subjected to unwarranted suffering that has demeaned their worth in society. However, it should be noted that these criminals are people who deserve respect for their rights (Fuller 123).
Being a prisoner does not mean that all of an individual’s rights are retained including the right to have basic needs like proper food, good shelters, timely medical care and proper clothing. Many criminals serving short sentences have died even before completion of these sentences due to negligence and withdrawal of provision of basic needs (Bohm 123). The criminal justice system should ensure the sanctity of life is observed and criminals behind bars are accorded their rights including conjugal rights for married people, entertainment, education for those who were learning or are interested and freedom to worship.
Secondly, the criminal justice system should always ensure that all criminals serving various sentences in prisons are rightfully convicted beyond any reasonable doubt. It is very painful for an innocent person to be convicted of a crime the person did not do (Schmalleger 78). The presumption of innocence until proven guilty should be respected and maintained throughout the court hearing processes and nobody should be forced to admit responsibility for a crime he or she never committed. There should be properly trained criminal investigators to handle any suspects and ensure they extract the necessary information relevant to the case being handled (Fuller 431).
Furthermore, criminals serving any terms in jail are meant to change their behavior once they are out of the system. This means that even though they are convicted in order to pay for the crimes they committed, they are supposed to correct their bad behavior. The rehabilitation processes should be relevant to the abilities, training and careers of the convicts (Bohm 256). Most rehabilitation centers have specific programs for all criminals that are very irrelevant and misuse the talents, skills and abilities of some highly trained people. Lastly, criminals with special cases like children, the very old people, pregnant women and disabled people are normally treated badly by prison officers and sometimes end up with mental and physical complications.
There should be proper punishments for all who commit crimes regardless of their positions in society and this should follow a proper justice system that respects the rights and freedoms of the individuals involved regardless of their crimes.
Works Cited
Bohm, Robert M. Introduction to Criminal Justice. New York: McGraw Hill, 2009. Print.
Fuller, John R. Criminal Justice: Mainstream and Crosscurrents. New Jersey: Prentice Hall, 2009. Print.
Schmalleger, Frank. Criminal Justice: A Brief Introduction. New Jersey: Prentice Hall, 2011. Print.
Criminal justice refers to the study and application of laws pertaining criminal behavior. It is usually studied by people and professionals who either defend or prosecute those accused of crime or people advocating for change in the prevailing criminal justice system. The major group in this case that is directly and more often involved in criminal justice supervision is the police. They require diversified training in field like management for them to be effective (Garner, 2008, pg 161).
The word justice implies that those accused of criminal offence should be arrested, prosecuted, tried and judged fairly, seeing to it that those found guilty face the required repercussion while those proved innocent are freed. This has not always been possible due to the fact that law has been applied variously in addition to undergoing numerous unfair transformations, as well as having various interpretations thus the need of some extra effort to be successful in this field (Ellis-Christensen, 2010).
Needs-Based Motivation
Every human being has basic needs whose satisfaction motivates him to do the right thing. In the field of criminal justice, it is necessary to understand whether failure to satisfy the following needs may result to the criminal acts.
Physiological needs are the basic motivational drive for need based theory. They determine homeostasis and appetite in the body of human beings. Failure to satisfy physiological needs may lead to a craving of the lacking food element leading to criminal acts to satisfy it. Incase physiological needs are not well satisfied, and then there arises security needs.
Every person prefers a safe environment in which unpredictable negative events rarely happen. In case the above two are not satisfied, then there arise social needs whereby a person feels unappreciated and strives keenly to find company. Again, there are esteem needs whereby every person needs self respect and respect from others. Above all the other needs, there is self actualization need where by every individual must do what he is fitted for to have peace with himself (Maslow, 1970).
Motivation-Hygiene Theory
This theory was developed by Frederick Herzberg and it is a motivational theory that builds on Maslow need-based motivational theory. This theory was developed through a statistics carried out among 203 accountants and engineers selected from nine companies in Pittsburgh. The responses among these workers were fairly consistent and it was evident that satisfaction in the working place was as a result of contentment from the job itself.
It’s important in that it seeks to determine the factors leading to motivation especially in the working environment thus helping to improve the relationship between the employer and the employee thus reducing incidences of criminal acts. In criminal justice supervisory practices, it is important in solving matters related to criminal practices, for instance during strikes in the working place or any other issue concerning the employer and employee (Lunenburg & Ornstein, 2007).
Theory Y
This is an employee motivational theory which makes the following assumptions. Investing on and putting physical and mental effort in work is natural. Control and threats of punishment are not necessarily the best methods of putting employees into work since man has self direction and self control in objectives he is committed to.
Employees’ commitment to their work is triggered by the rewards there in, thus they will work as long as they feel they have a role to play and in the process benefit from their input; indeed, their willingness to be creative and contribute to the success of the organization can be used as a problem solving tool.
Finally, the intellectual potentialities are not fully utilized in the modern industrial life; thus it would be important to provide an enabling environment in order to enhance problem solving and effective management of employees. In supervisory practices, it is important in avoiding the actions that may render criminal activities in company’s management (McGregor & Cutcher-Gershenfeld, 2006).
Theory X
This theory holds that naturally, people dislike work whereby they must be coerced to perform. Also, it holds that people prefer to be directed. The importance of this theory is that it gives the employers responsibility to always be keen on how the employees carry themselves on. When the management is keen on employers, employees tend to perform better to avoid conflict with their employer. However, this does not wholly define the conduct of people since there are many other factors that influence people’s performance.
Expectancy Theory
This theory of motivation was developed by psychologist Victor H. Vroom of Yale School of Management. This theory seeks to explain that employees are motivated to work towards a certain goal if they can see the worth of that goal and if they think their efforts will help them achieve that goal. In one way, it supports what Martin Luther king said that every human being lives and involves in various activities because of hope.
This theory enables people make a choice that has a benefit in future. The impact of this theory in most organizations is the belief that commitment and more dedication to utilization of competence will not only enhance employees’ performance, but also the overall achievement in the organization. Employees are usually motivated by these rewards which results to better performance in the company. In criminal justice, this theory enables the people involved to understand better the root causes of some of criminal acts (Matt, 2009).
Sensitivity Theory
Sensitivity theory of motivation holds that people differ in the types and amount of reinforcement they require in order to be productive in their area of work. This theory works better in management and supervisory practices in order to be able to know the best methods to use in motivating each and every employee.
There may be some behaviors among the employee that may lead to criminal acts that managers should be very keen about. For instance, some people crave too much love, attention, companionship or acceptance making it hard to satisfy or motivate them in any way to work hard. It is important for the managers to understand their juniors individually in order to reduce cases of criminal activities in the work place (Corr, 2008 & Ther, 1996).
Conclusion
In the supervisory practices in the field of criminal justice, it is important for the management to learn in details the theories of motivation since they are the root causes of criminal activities by the employees in most companies. Their understanding will enable the management to avoid conflict with the employees as well as motivate them for better performance.
References
Corr, P. (2008). The reinforcement sensitivity theory of personality. Cambridge: Cambridge University Press.
The death penalty has been a largely debated form of punishment in the U.S. since its inception. The law supporting this unkind and unfair sentence was thus, put under scrutiny and consequently several death sentences were either overturned or could only be carried out on proportionate grounds by the supreme courts heralding a new era in the criminal justice system of the US.
The legal arguments for this decision made by the higher courts were cited in line with the 8th amendment that called for the exclusive considerations on several factors that mainly touched on racial disparities, age of a convict, proper evidence that can incriminate the accused persons, respective human rights action plans against such people, satisfactory judgment delivered either by unanimous decision or a majority of votes by the judges and so on (Burns 1).
Age
The Supreme Court made a decision based on the 8th amendment to relook into criminal cases viewed as cruel or unusual, and instead provided an alternative favorable form of punishment. Most death sentences were slashed down to life imprisonment, leaving only deserved cases as death sentences.
For instance, some states were forced to repackage their judicial laws after realizing that the judgment commonly delivered never materialized particularly when the cases involved were referred back to the supreme courts, which in turn, after careful hearing, overturned the rulings in favor of the accused. This occurred in cases that were considered to lack the 8th amendment thresholds for the death penalty.
These circumstances made several states to re-enact laws governing the death penalty, which was a major concern to the supreme courts’ contradiction to the imposition of death sentence arbitrarily. The application of such fair trials justifying the subsequent sentences handed down by the supreme courts began from the year 1972.
This was after the capital punishment was found to be unconstitutionally biased and cruel. An exception to this is in cases where sentences were delivered after considering the extra routine endorsement. The cases and the respective judgment on the death penalty jurisprudence handed by the supreme courts entirely depended on the moral significance culpable by the law and factors of discretion (Head 1).
The Supreme Court in accordance with the laws governing the 8th amendment decided that death penalty for a minor is a harsh kind of penalty. This is supported by the fact that in a 5-4 court ruling, it was labeled unconstitutional when any convict at the time of committing the crime is below the age of 18.
Thus, it is morally incorrect to implicate children who commit crime in relation to adults who has acted in the same way since their respective intentions cannot apply together. Example of such ruling involving a minor was a criminal case for Christopher Simmons who was sentenced to death but later overruled; Case, Roper v Simmons.
Another example of such case in which the age of a convict was contested involved a 15 year old at the time of committing the crime. William Thompson was sentenced to death after being convicted of murder. Due to this, the Supreme Court overturned the decision of an Oklahoma court by explaining that the execution of the minor violated the eighth amendment statute. The case here is, Thompson v. Oklahoma.
Racial disparities
Another main issue surrounding the death penalty is the racial inequality that has been historically characteristic with handing of the penalty in the U.S. For instance, consider a case involving an African American who was convicted of two counts of robbery plus one count of murder. After convictions in county courts and subsequently condemned to death, his plea was heard whereby the Supreme Court ruling overturned the death penalty imposed.
The final ruling stated that the majority should not dictate matters of humanity since it is unconstitutional. For example, it was viewed that those accused of killing white people could easily be handed the death sentence compared to murderers for black persons. After much consideration and scrutiny of the penalty, the courts offered a platform for the voiceless like the accused person in question.i.e case, McCleskey v kemp.
Mental state of the convict
Mental instability in most people is believed to have unnatural rage subconscious to a person’s mind. It is for this reason that informed the Supreme Court to offer a reprieve on death penalty for mentally retarded persons who commit a criminal offence.
As a result of this, the death sentence was found to be unconstitutionally excessive thereby restricting the state’s power to deliver death penalty as a form of punishment on similar cases under the same state of mind. For instance, Daryl Atkins was convicted of murder even though his IQ score was 59 hence; the Supreme Court reversed the earlier ruling which did not evaluate his condition as that of mild mental condition; Case, Atkins v. Virginia (Jacobs 1).
Proper evidence of aggravating circumstances
Proper reasons were to be evaluated so as to be used against a convict. For instance, in order to incriminate a person, the Supreme Court made a decision to provide a clear distinction on where imposition of death can be allowed. It was unanimously passed that there could be circumstances when the evidence produced could exempt on the death penalty for non-murder offenses like rape except for crimes comparable to treason.
This was seen during the trial for Antonym Coker who escaped from custody but got re-arrested and condemned to death penalty for rape. The Supreme Court in turn overturned the first sentence arguing that it was too harsh on the ground that most rape cases may not involve murder.
Another similar case in which a sentence by the lower court was annulled by that of the Supreme Court took place in Lousiana.The criminal case involved Patrick Kennedy accused of raping his 8 year old step daughter. The Supreme Court then scrutinized his case after a successful appeal against a capital punishment handed earlier.
The argument of the higher court then concluded that imposing the death penalty against the convict was against the 8th amendment and therefore unconstitutional because the crime neither resulted nor was intended to terminate the innocent life of his victim (Radelet & Akers 1). Therefore, the ruling decided that the accused should instead be sent to life imprisonment; Case, Kennedy v. Louisiana.
Method of delivering the death sentence
In cases where the method used to administer the death penalty is considered cruel and painful, the Supreme Court could then deliberate on a particular ruling by a junior state court. This was observed during the sentencing of Ralph Baze who was convicted for murder and sure enough condemned to death by a Kentucky state court by lethal injection and instead appealed against the ruling, only for the sentence to be re-affirmed by the Supreme Court since the method for its application was considered safe after all.
The same scenario was also witnessed during the trial of Jimmy L. Glass who was sentenced to death according to the legal argument of Louisiana court by electrocution. Through his lawyers, he argued that the application and the intensity when passing the death sentence through electrocution can cause serious injuries and pain and therefore do not meet the humane standards as required by the constitution (White 1). The final judgment by the Supreme Court thus dismissed the petition thereby allowing the lower court’s ruling to go ahead; Case, Jimmy L. Glass v.Lousiana.
Improper judgment
Pending cases provided relevant provisions to re-appeal the death sentence if the trial is perceived to be as a result of discretion of a judge determining the outcome of a case almost single handedly. Take for example, the trial of Timothy Ring, a convict of first degree murder and sentenced to life imprisonment only for a state judge to step-up the penalty to another sentence by death.
Consequently though, the Supreme Court reversed the decision citing that statutory maximum sentence should be put before a jury panel since the judge was found to have acted improperly without a sitting legal bench who could have delivered a unanimous decision; Case, Ring v. Arizona.
Special procedure for capital penalty
It was realized that rulings could impose the death penalty by ignoring the nature or circumstance preceding a crime. Therefore, it was required that a jury must be able to cite a possible statutory aggravating legal requirement before delivering any formal penalty by death.
Such a case where the judgment was allowed to stand as it was involved Troy Leon who was convicted for robbery and murder for which he was handed over death sentence (Head 1). On challenging his trial, the Supreme Court rejected his plea and instead maintained the earlier verdict by dismissing the robbery factor since the statutory system was not found to violate the constitutional statutes; Case, Gregg v. Georgia.
The legislative judgments of some states
Several courts in some states decided to respond to the modification of the death penalty especially for murder committed in relation to a felony. Such states that rejected the death penalty arising from committing a felony therefore illegalized the practice hence the Supreme Court found it as an appropriate way by providing more options for fair trial.
This was arrived at after establishing the fact that, the death penalty usually imposed may be too harsh for a convict who did not participate in a murder or intended to carry out such heinous act. A case of study featured Enmund in which the death penalty was outlawed when determining the ultimate ruling by the supreme judges since they decided that it could not be imposed under circumstances of felony; Case, Enmund v. Florida.
Contrary to the above case where a reprieve was provided by the Supreme Court, in Tison’s case, several state supreme courts amended their interpretation of the death penalty during such a case involving a felony by allowing capital punishment to take precedence in such future cases (White 1). This particular case was determined by analyzing noticeable circumstances of felony during the murder. The death penalty verdict was thus delivered since inquiries revealed passion and recklessness; Case, Tison v. Arizona.
Conclusion
From the above discussion, it is apparent that the suitability of imposing a death is questionable. From a number of precedents set on the death penalty, it is apparent that giving a life imprisonment instead of a death penalty will be more humane than a death penalty in permissible situations. All in all, a death penalty should be avoided as much as possible.
Section 2C:13-3 of the New Jersey Code of Criminal Justice defines false imprisonment as knowingly restraining another person unlawfully to interfere substantially with his liberty (Justia, 2020). Therefore, a prosecutor must prove certain elements beyond a reasonable doubt to determine false imprisonment. In particular, it must be proved that the defendant acted knowingly, restrained the victim unlawfully, and their actions interfered substantially with the victim’s liberty.
Unlawful Restraint
Section 2C:13-2 of the New Jersey Code of Criminal Justice defines criminal restraint (Justia, 2020). However, the New Jersey Code interprets it specifically as an unlawful restraint with the risk of serious bodily injury or a goal of holding a victim in involuntary servitude. In this regard, unlawful restraint should be interpreted as a legally unauthorized restriction of others’ liberty. For example, grabbing someone by the wrists or blocking someone in a doorway would fit this definition since these actions restrain others’ liberty but are not as severe as criminal restraint.
Locking in a Room as an Unlawful Restraint Element
As explained previously, unauthorized actions interfering with someone’s liberty are sufficient to classify conduct as unlawful restraint. In this regard, it is not necessary to physically lock a person in a room to unlawfully restrain them.
Confinement
The New Jersey Code of Criminal Justice does not provide a specific definition of confinement. As such, the closest section to unlawful confinement is 2C:13-3 False Imprisonment. Therefore, a prosecutor must consider whether substantial interference with the victim’s liberty occurred. Regarding confinement, such interference would include physical restriction of movement without voluntary consent or legal authorization.
Kidnapping
According to Section 2C:13-1, kidnapping is an unlawful removal of a person from the place of their residence or business (Justia, 2020). In addition, kidnapping is explicitly characterized by the factor of purpose, such as getting a ransom or inflicting bodily injuries. Therefore, the required elements of kidnapping are unlawful relocation of the victim and the presence of other potential criminal purposes.
Reasons for Kidnapping
Kidnapping requires an element of purpose, the reason for a forceful relocation of the victim. Examples of the reasons for kidnapping are holding the victim for ransom, using them as a hostage for achieving political goals, or committing other crimes, such as sexual, thereafter.
Consent Factor in Kidnapping
Kidnapping implies an element of involuntary, forceful removal of a victim from the place of their residence or business. Therefore, in most cases, one cannot be charged with kidnapping if a victim expressed consent. However, Section 2C:13-1 has provision 2, which classifies a felony as kidnapping if a victim is less than 16 years old and removal was accomplished by deception (Justia, 2020). Therefore, children can be kidnapped by consent, which in theory can be obtained through threats or deception.
Kidnapping and Child Custody
When it comes to child custody, the issue usually involves parents, guardians, or other lawful custodians who may detain a child for certain purposes. New Jersey v. Froland (2007) is an example of such a case, where a stepmother and her husband attempted to leave the state of New Jersey with children (FindLaw, n.d.). However, they did not get consent from the children’s mother and faced kidnapping charges. In the end, the Supreme Court of New Jersey reversed the judgment of the Appellate Division and subjected the stepmother and father of the children to prosecution under the child custody interference statute.
Conclusion
On January 14, 2019, 56-year-old Serge Nkorina and his accomplice kidnapped a plastic surgeon who had treated his wife and tortured him. According to the prosecutors, the offenders put the victim in a storage container and burned his hands with a blow torch (AP News, 2021). Nkorina intended to get security codes and rob the victim’s house, but now he could be sentenced to life imprisonment (AP News, 2021). Overall, this case has the key elements of kidnapping, such as unlawful relocation and confinement with subsequent criminal purposes.
References
AP News. (2021). Florida man guilty of kidnapping, torturing plastic surgeon. Associated Press News. Web.
FindLaw. (n.d.). State v. Froland. Web.
Justia. 2020 New Jersey revised statutes: Title 2C – The New Jersey Code of Criminal Justice. Web.