Category: Criminal Justice

Introduction

Criminal justice is a legal system that establishes the basic codes of conduct for citizens by deterring and controlling crime or sanctioning lawbreakers with criminal penalties and rehabilitation. The criminal justice system consists of the law enforcement, court system and the corrections departments that work together to uphold the rule of law within the society. The criminal justice process involves a procedure starting with criminal investigation, conviction, and correction of the convict.

To understand the criminal behavior and criminology, statistical concepts, probability, and hypothesis testing using the mean distribution are important. These concepts explain the behavior patterns of criminals and their likelihood of committing criminal activities. Besides, these concepts are applicable in courts to determine the credibility of the witnesses and the evidence provided.
Application of mathematical concepts in Criminal justice

The knowledge of statistical concepts like the mean and standard deviation is useful in criminal justice. The mean calculations help to understand the psychological behavior of criminals and compare this behavior with the other population. In a sample population, it has been established that intelligence is normally distribution with an average IQ of 100 and a standard deviation of 15.

A sample study to test the IQ levels of prisoners will provide the data to establish whether the criminals are in any way different from the other population. Assuming that the IQ level of the prisoners in the sample study is an average of 80, the knowledge of Z score formula and area under a normal curve will be useful in establishing the proposition that the prisoners are different from normal population.

The probability normal distribution curve is useful in hypotheses testing such as investigating whether the IQ of prisoners is different from that of other population (Walker, 1999, p. 248). In establishing the variations between the sample population (prisoners in this case) and the normal population, a normal curve is used. Although the sample may or may not be normal, it can nevertheless be representative of the population.

A large number of samples will create a sampling population that is representative of the population. The normal curve enables making inferences about the population based on sample data collected. In criminal justice system, the assessment of the evidence adduced by witnesses determines the innocence or the guilt of the accused. This is similar to data collected in statistical analysis and a large sample size in this case, many witnesses is important in arriving at the verdict.

In justice system, the accused is innocent until proven guilty. This is the null hypothesis that can be accepted or rejected based on the testimonies from the witnesses. If the jury makes in judgment then an innocent person is imprisoned. This in statistics is type I error, which involve the rejection of the null hypothesis.

The acceptance of the null hypothesis of innocence requires more evidence. Type II errors arise when the jury erroneously sets free a guilty person where the null hypothesis of innocence is wrongfully accepted. The lack of absolute proof of innocence leads to the rejection of the null hypothesis of innocence. Statistically, the alpha level of 5% is set as a standard for the rejection of the null hypothesis. The alpha level is the highest probability that random variability in data caused the investigated effect.

The application of statistics in justice system also involves the analysis and interpretation of the facts against the accused (Karim, & Nahoun, 2001, p. 56). The data collected from a crime scene is evaluated in order to reach at decision. In the justice system, the evidence can be in the form of eyewitnesses, fingerprints, fiber analysis, and DNA analysis among others.

The data collected must meet certain standards for it to be acceptable as evidence before the jury. The evidence collected is the sample data that is representative of the whole evidence. Errors in judgment are avoided by keen analysis of the data collected to prove that the accused is innocent or guilty (Michael, 2003, p.4).

Many of the decisions in the justice system are binary in nature and as such, no certain decision is possible. This calls for a careful examination of the probabilities in order to arrive at the conclusion. The law enforcement authority usually considers the probability of arrest and conviction of the accused.
Order of Operations

The process of criminal justice involves a series of steps beginning with investigations to punishment or rehabilitation of the accused. The order of operations involved in mathematical calculations is procedural and so is the functioning of the criminal justice system. Various rules and decision-making are core part of this order of operation in the criminal justice system.

The order of operations in the criminal justice system is procedural involving initial investigations to seek evidence for a particular criminal activity and support an arrest (Sennewald, & Tsukuyama, 2001, p.4). Investigations conducted by the police, involve inspection of a person or property to gather the evidence of an alleged crime. If the investigations associate a specific person to a particular crime, the person is arrested and detained, pending the hearing of the case in court.

The district attorney then goes through the evidence provided by the investigations to determine whether the arrested person has a case to answer. The prosecutors deliberate on the strength of the evidence and the magnitude of the crime before deciding to charge the accused person.
If the prosecutor decides to charge the accused person with criminal activities based on the evidence provided, the prosecutor issues an indictment or files a charging document.

The indictment involves the cases dealing with capital offenses as defined by the Federal Rules of Criminal Procedure. “The prosecutor can provide evidence for an indictment to a grand jury who will decide to raise charges against the defendant in a closed hearing” (Presser, 2001, p.9).

Alternatively, the prosecutor can file a charging document and a preliminary hearing in the presence of the defendant and his or her attorney held. According to Presser (2001), “the defendant and his/her attorney can dispute the charges against the defendant in this after indictment. , the defendant appears in court and enters a plea of guilty or not guilty followed by detention of the defendant prior to beginning of the trial but can be released on bail” (p.16).

Before the commencement of the trial, the defense attorney negotiates with the prosecutor for the defendant to plead guilty in exchange for leniency. The trial occurs before a judge in the presence of defense attorney and the prosecutor. If evidence suggests that the accused is guilty of the accused crime, the judge passes a sentence that can be a fine, probation or a jail term or a combination of both.

The defendant has an option to appeal the ruling in the court of Appeal through the defense attorney. If the appeal is successful, the prosecutor can decide to file the charges a fresh or drop them altogether. The correctional facilities serve to detain the charged person until the expiry of the jail term. However, pardon on exceptional behavior will lead to the release of the inmate before the expiry of the sentence.

The procedural criminal justice system has a major bearing on how the system functions. “The central goal why the order of operations should be procedural is to promote accurate, speedy, and efficient assessment of a crime followed by punishment” (Michael, 2003, p.45). Failure of a criminal system to stick to this procedural law will conflict the values of promptness and efficiency of the judicial court system.

Conclusion

The majority of the decisions in the criminal justice systems always involve two options. In courts, the proof of innocence or guilt of the accused is dependent on the assessment of the evidence provided by use of hypothesis testing and probability.

However, failure to meet the standards of rejecting the null hypothesis leads to errors in the judgment. Analysis of the evidence provides a basis for the rejection or approval of the claim of innocence. The criminal justice system is procedural to promote efficiency and accuracy in the judicial court system.

Therefore, probability and order of operations play critical role in criminal justice system. While probability seeks to address issues like mean and standard deviations and validation of hypotheses, order of operations seeks to ensure that procedures are followed to ensure only the guilty ones face judgment.

Reference List

Karim, V., & Nahoun, J. (2001). Applied Crime Analysis. Oxford: Butterworth – Heinemann.

Michael, S. (2003). Research: Criminal Investigations. New York: Word Press.

Presser, H. (2001). Detailed Analysis and Interpretation of Crime. West Virginia: West Virginia Associated Press.

Sennewald, C., & Tsukuyama, J. (2001). The process of Investigation. Oxford: Butterworth-Heinemann.

Walker, J. (1999). Statistics in Criminal Investigation: Analysis and Interpretation. Maryland: Aspern Publishers. Print.

Inaccurate and selective observation: How to prevent, in criminal research, errors related to inaccurate and selective observation?

In criminal research, the inquiry process has a foundation, which is perceived to be observation. In most cases, it is difficult to comprehend why things appear in their statuses devoid of the presentation of certain things that must be understood. In fact, before giving an explanation on why something transpired, it is prudent to know exactly what that thing is. Nevertheless, since individuals observe carelessly the course of life events, they inaccurately and selectively perceive things. Thus, to reduce such errors, individuals need to make cautious observations based on deliberate plans. For instance, people need to observe and note events that happen in life deliberately. That is, people need to use both complicated and simple strategies to assist in guarding against errors related to selective and incorrect observations (Maxfield & Babbies, 2014).

Conversely, selective observation accrues as a result of overgeneralizing events that happen. For example, when an individual develops a universal understanding that a certain pattern normally exists; such a person is likely to assume that future events are similar and would overlook others that are not similar. The error related to selective observation can be reduced by conducting a similar study several times based on adequately large samples to check whether identical outcomes are attained every moment this is done (Maxfield & Babbies, 2014).

Social science theories: How does research contribute to the development of criminological theories?

In criminology, the developments of criminological theories have undergone various phases since Guerry (1863) and Quetelet (1842) first applied positivists’ methods. The moral statistical researchers studied the variation in the approved rates of crimes committed over a given period. The research conducted gave the same results and conclusions. That is, the officially recorded statistics showed that increased crime rates accrued from social activities, thus, giving birth to social theory in criminology. The effort put by these researchers in trying to tackle scientifically the emerging criminal problems was not biological but social (Heidt, 2011). The moral statisticians offered a foundation for developing criminological theories, which have since gone through a transition from positivism to classicism. In fact, most of the current criminological theories are informed by the official statistics offered in the study carried out by the first positivism researchers.

However, instead of focusing on society, the current criminological theories are based on studies that are rather focusing on the criminal actors. For instance, when the evolutionary theory emerged from the epic studies offered by Darwin (1859, 1871), researchers shifted their focus to the biological characteristics of criminality from the social traits. The individual differences theory developed by Lombroso (1876) centered on the significance of the physical aspects that distinguished non-criminals from criminals. The study has nonetheless become obsolete, but the positivists’ technique applied still has a permanent effect when devising criminology theories (Heidt, 2011). Therefore, the current theories in criminology have their roots in the previous and current studies conducted on criminal acts and crimes, which are based on sociological, physical, and biological attributes.

Threats of reliability and validity: How does the process of operationalizing study variables impact reliability and validity in criminological research?

In criminology research, a study is deemed reliable and valid when the results are similar and consistent if the same study is carried out again. Such findings are warranted by operationalizing the study variables. In most cases, operationalizing study variables ensures that a sample representing the entire population is chosen and an appropriate unit of analysis is applied. Every study variable appears to be well-defined operationally at similar levels of behaviors, traits, altitude and thought (Hartley, 2010). That is, through operationalizing study variables, any variable that would creep into the research and contaminate the research findings are screened out and the most suitable study methods and design are used. Study variables are operationalized provided the conceptual description is taken and made comprehensive enough by relating it to different operational definitions, concrete or specific indicators. Thus, operationalizing study variables warrants internal validity and reliability since it ensures that spurious study variables are screened out and consistent measurement tools are used to moderate errors caused by the user. Besides, operationalizing variables helps in defining a suitable timeframe for conducting the research, which increases the level of reliability and validity of the research study (Hartley, 2010).

References

Hartley, R. (2010). Snapshots of research: Readings in criminology and criminal justice. Thousand Oaks, CA: SAGE.

Heidt, J. (2011). The evolution of criminological theories. Burnaby, Canada: Simon Fraser University Library Press.

Maxfield, M. & Babbies, E. (2014). Research methods for criminal justice and criminology. Belmont, CA: Cengage Learning.

Imogene Badpenny works as a supervisor for the Grantham County Sheriff’s Department and the University City Police Department. She has a perfectly clean background and a flawless 16-year career in her position. As of late, however, Badpenny started dating a person once sentenced to prison due to drug sales, distribution, and manufacturing. In order to avoid problems at the workplace, Badpenny puts effort into hiding her boyfriend’s identity from co-workers, which can hardly be considered morally and ethically right.

Badpenny faces a situation that is usually referenced as an ethical dilemma. According to Pollock (2019), an ethical dilemma is an issue that requires an individual to act either not knowing the right course of action or knowing that the right course brings negative consequences. In this context, Badpenny is indecisive regarding revealing the personality of her current boyfriend to her colleagues due to the fear of being scolded for her romantic preferences. In the worst case, she might be fired because of the connection to a socially dangerous person. Badpenny might also be torn between identifying her openness as a duty – morally imperative action – or supererogatory – a commendable but not imperative action (Pollock, 2019). The fact that she did not reveal the boyfriend’s persona just yet might imply that Badpenny leans toward the latter.

Badpenny’s motives make it difficult to categorize her behavior according to existing ethical systems. An ethical system is a term that refers to “a structured set of principles that defines what is moral” (Pollock, 2019, p. 25). Throughout human history, various philosophers, such as Socrates, Plato, Aristotle, and the Stoics, contributed to the development of ethical systems. Socrates believed that morality is bound to virtue through wisdom, attributing any immoral action to ignorance (Kropotkin, 2021). This perspective does not apply to the given case since Badpenny is well aware of the negativity of her actions. Based on Socrates’ idea of wisdom as a virtue, Plato also considered the qualities of courage and moderation as virtuous (Kropotkin, 2021). Moreover, Plato attributed virtuous qualities to specific social classes. As a member of a police force, Badpenny belongs to the soldier class in Plato’s classification, making courage her virtue (Kropotkin, 2021). Therefore, while Badpenny does fit into Plato’s ethical framework, she does not behave morally from its perspective.

As a student of Plato, Aristotle used his teacher’s ideas to formulate his own vision. Particularly, he redefined the concept of virtue by separating it into intellectual and moral (Statman, 2019). He also introduced the idea of the Golden Mean – a principle of moderation in the search for personal happiness that implies a balance between two behavioral extremes (Statman, 2019). However, since Badpenny’s case does not illustrate any middle-ground approaches, Aristotle’s ethics do not apply to it. Finally, the Stoics put a great emphasis on reason in moral decision-making (Kropotkin, 2021). In addition, they perceived passion as ill and immoral, implying that one should prefer logic over emotions (Kropotkin, 2021). This is why stoicism is not applicable to Badpenny’s case – the desire to be with her boyfriend goes against the logic of a police workforce.

Nevertheless, there is an ethical system that can potentially justify Badpenny’s actions. Pollock (2019) defines egoism as a system that considers it morally good for an individual to pursue personal interests. In this framework, the concept of psychological egoism – the pursuit of self-interest as an inherent human quality – fits Badpenny perfectly. Unfortunately, egoism as an ethical system has the major flaw of utterly dismissing the rights of others in one’s search for happiness, which makes egoism ethics incredibly debatable.

Overall, Badpenny’s decision to hide her boyfriend’s identity can only be morally justified from the perspective of an ethical system of egoism. Having to face the ethical dilemma, Badpenny sees the confession to her colleagues as a supererogatory action. Apparently, her decision-making is significantly influenced by self-interest and romantic passion despite knowing of potential danger. This fact renders her acts immoral within the ethical frameworks of Socrates, Plato, Aristotle, and the Stoics, leaving egoism as the only justification option.

References

Kropotkin, K. (2021). Ethics: Origins and development. Black Rose Books.

Pollock, J. M. (2019). Ethical dilemmas and decisions in criminal justice (10^th ed.). Cengage Learning.

Statman, D. (2019). Virtue ethics: A critical reader. Edinburgh University Press.

Introduction

Throughout world history, numerous criminal injustices have been witnessed. In most parts of the world, security officials have been blamed for perpetuating injustices against human rights. However, India is prone to criminal activities due to the harsh economic times. As a result, the security system always faces the challenge of implementing the law and respecting human rights. In as much as some human rights activists often complain of the violation of the rights by the justice system, India’s criminal system has faced significant changes since colonial times to the present. The Indian criminal justice field reforms were closely associated with social changes that shifted the focus from archaic rituals to more modern regulatory principles, with the introduction of an updated criminal justice system with juries and credible representatives; the law was the significant advancements.

History of Criminal Justice System

Religious Governance

Initially, the natives relied on religious laws to govern themselves. For instance, Muslims were punished according to the Islamic laws while Hindus were punished according to their customs. Nevertheless, Ahmad illustrates that Muslim rules prevailed over other religious practices because it was the most popular religion. ¹However, criminal justice was modified by the regulations and customs of the Mughal administration.

British Colonial

• Queen Elizabeth granted a royal charter to the English East India Company to enact laws in their territory; however, the rules were not supposed to contradict England’s.
• The subsequent charters of 1609 and 1661 empowered the company and allowed it to make its laws without England’s interference.
• The 1726 charter empowered the councils and governors to make by-laws that could control the activities taking place within their territory. The laws also allowed them to instill penalties and pain to those who disobeyed the regulations imposed.² However, the pain and punishment would be reasonable and conform to the laws that governed England. The charter also introduced the mayor’s court in several towns within India.
• The criminal laws that were initially derived from the Muslim values started to lose weight when the British regulations began to take effect.

Panchayat System

After the degradation of the traditional Muslim laws, Wilk attempted to revive the panchayat system of trial. He encouraged the rulers in India to equip themselves with Hindoo Panchayet to help govern India effectively.³ Wilk acknowledged that India needed leaders who were well conversant with the traditions and methods of conflict resolution since the regulations imposed by the colonial masters were receiving a lot of resistance, and in some cases, it failed to work.⁴ He wanted to revive the ancient Indian institutions because he was inspired by Malcolm, an advocate of the panchayat system.⁵ Malcolm believed in two aspects of panchayat:

The serving of justice through investigations conducted by tribunals and the results transmitted for a chief ruler for justice dispensation⁶.

Formation of independent tribunals to mediate and arbitrate.

Sir Thomas Munro also advocated for common law in India, and Punchayet was recommended as the applicable law of governance. The plan was adopted in 1814 after the courts experienced a backlog of cases.⁷

The East India Judges Act

• The act harmonized the salaries and pensions of juries across India.
• It promoted an inquiry into juries’ role and function across India, resulting in Jury bill introduction.
• The Juries Act allowed only Christians to form part of the jury as locals were viewed as biased individuals.

Modern India Criminal Justice System

• The legal system can be traced back to the Roman empire, where people were required to act according to the law.⁸ In ancient Rome, the courts interpreted the rules and punished the offenders who were brought to them using legal means.⁹ The legal idea conceived in Rome has been used by several generations and currently influences the justice system across the globe.
• After the gain of independence in 1947, the power was vested to Indians. However, the country was again faced with the issues of criminal injustices.¹⁰Access to fair justice has been difficult for several decades, even though the constitution provides a framework for protecting citizens’ rights.
• The Planning Commission of India has established a working group to help the justice department create a 12th five-year plan. The recommendations suggested by the working group include:
  • strengthening of Alternate Dispute Resolution system;
  • increased funding to the judicial system;
  • establishing morning and evening special courts;
  • enhancing ICT to develop an innovative e-Court system.
• The constitution has strengthened the laws that affect establishing an independent judicial system and an active civil society.
• The establishment of The National Legal Services Authority (NALSA) in 1987 has enabled many poor Indians to access free legal services.
• The Department of Justice has collaborated with United Nations Development Program to ensure that the justice system is sustainable and able to adhere to the principles of equality, liberty, and fraternity.¹¹
• However, the judicial system has worsened over the years despite the numerous actions to provide quality service. The poor delivery of services is caused by enormous backlogs, delays, and judicial pendency.¹² According to Mudgal, the political class prefers a judiciary to easily manipulate to champion their interests because most of them face criminal charges.¹³ As a result, the police reforms have not been implemented, and numerous supreme court rulings have been violated.
• The prisons across India are currently overcrowded due to the numerous criminals that are jailed. The judicial systems are also overwhelmed, and police brutality shows that the legal aid’s right stipulated in the constitution is far from being achieved.

Conclusion

Succinctly, the criminal justice system has changed significantly over the past decades. The government has formed a partnership with international bodies to ensure that the country meets the modern democratic countries’ justice system’s standards. Although several reforms have been made, numerous challenges are affecting the full implementation of the system. For instance, the political class has systematically weakened the judiciary, and at times the court rulings are not obeyed.

Bibliography

Ahmad, Sk Ehtesham Uddin. “Colonial Reshaping of Criminal Law Before the Code of 1860.” Proceedings of the Indian History Congress 73 (2012): 553-62.

Ganguly, Chawm. 2012. “Dr. Ashwani Kumar Inaugurates International Conference on Equitable Access to Justice: Legal Aid and Legal Empowerment.” Core Sector Communique. Web.

Jaffe, James A. “Custom, Identity, and the Jury in India, 1800-1832.” The Historical Journal 57, 1 (2014): 131-55.

May, Larry. Ancient Legal Thought: Equity, Justice, and Humaneness from Hammurabi and the Pharaohs to Justinian and the Talmud. Cambridge: Cambridge University Press, 2019.

Mudgal, Vipul. 2019. “Reforming India’s Broken Criminal Justice System.” The Hindustan Times. Web.

Shahidullah, Shahid M. Crime, Criminal Justice, and the Evolving Science of Criminology in South Asia. London: Palgrave Macmillan UK, 2017.

United Nations Centre Against Apartheid. Special Committee on Apartheid Hears Judge William H. Booth: New York: Department of Political and Security Council Affairs, 1971.

Footnotes

1. Sk Ehtesham Uddin Ahmad. “Colonial Reshaping of Criminal Law Before the Code of 1860.” Proceedings of the Indian History Congress 73 (2012): 553.
2. Ibid, p.554
3. James A. Jaffe, “Custom, Identity, and the Jury in India, 1800-1832.” The Historical Journal 57, no. 1 (2014): 138.
4. Shahid M. Shahidullah, Crime, Criminal Justice, and the Evolving Science of Criminology in South Asia. London: Palgrave Macmillan UK, 2017. “Full Footnote.”
5. James A. Jaffe, “Custom, Identity, and the Jury in India, 1800-1832,” The Historical Journal 57, no. 1 (2014): 139.
6. Ibid, p.140.
7. Ibid, p.142.
8. Shahidullah, Criminal Justice. “Abbreviated Footnote.”
9. Larry May, “Ancient Legal Thought: Equity, Justice, and Humaneness from Hammurabi and the Pharaohs to Justinian and the Talmud,” Cambridge: Cambridge University Press, 2019.
10. Chawm Gangluly, 2012. “Dr. Ashwani Kumar Inaugurates International Conference on Equitable Access to Justice: Legal Aid and Legal Empowerment,” Core Sector Communique.
11. United Nations Centre Against Apartheid. Special Committee on Apartheid Hears Judge William H. Booth: New York: Department of Political and Security Council Affairs, 1971.
12. Mudgal, Vipul. 2019. “Reforming India’s Broken Criminal Justice System,” The Hindustan Times.
13. Ibid.

Cosa Nostra and Transnational Crime

Since the beginning of the 19th century, the Cosa Nostra crime family has had a presence in Sicily. The family expanded its operations to other parts of the world. In the beginning, the group’s primary focus was on protecting orange plantation owners and lords who held big land parcels, mostly from the bandits who were a part of the organization themselves, using any means necessary, even the most brutal. These events marked the start of racketeering activity. Later on, the Cosa Nostra evolved into a fully-fledged criminal organization by expanding its range of illegal pursuits. Banditry has taken over as the primary focus of the Cosa Nostra since the turn of the 20th century (Milner, 2021).

Cosa Nostra has become one of the most dangerous mafia organizations in the world. It continues to have a significant amount of influence over the criminal underground in both the United States and Sicily. It is believed that a large number of Sicilians originally from the island were involved in the establishment of mafia organizations in the US. The people who lived on the island brought with them a wide variety of customs, including some questionable ones. But while the mafia emerged in Sicily due to the circumstances of the impoverished countryside, it was in the great industrial centers of the United States that the Mafiosi acquired fresh chances while at the same time having the largest scope of their operations.

However, the Sicilians carried with them not just criminal activity but also the order that existed within the criminal families and clans, as well as the “concepts” of running a criminal enterprise. An organization like Cosa Nostra, which was able to unify the mafia of New York and Chicago, the two greatest cities in America, was able to come into existence as a result of internal cohesiveness, commitment to values, and brutal retribution for family treachery. As a result of the criminal allure it exudes, the Cosa Nostra maintains connections with all of the major criminal groups, both in Italy and across the world. Through the promotion of its signature illicit operations, which include drug trafficking, illegal weapons export, prostitution, blackmail, and casinos, Cosa Nostra causes a problem for mankind, civil order in society, and the ability to live a peaceful life.

Evaluating Cosa Nostra’s Role in Transnational Crime

In a global setting of growing chances for criminal activity, this shift came about as a result of the necessity to keep up with the competition posed by criminal organizations originating in Asia and Colombia. Other factors include domestic pressures from law enforcement agencies, societal marginalization, and the disintegration of a tolerant political elite that sometimes colludes with one another. Recent investigations have shown that international treaties that include the three most prominent Italian organized crime cartels now tend to be arranged in common, as do preparations for less conventional operations such as laundering money.

By the middle of the 1990s, there were very few parts of the globe that were unaffected by the existence or influence of the Cosa Nostra. Although trafficking illegal drugs over international borders is the primary international activity for Italian criminal organizations, trafficking illegal tobacco and weaponry has also played a significant part in the expansion of Italian organized crime’s worldwide activities and may even overlap. According to the findings of the study, in the short term, ongoing instability in Eastern Europe, the Balkans, and the countries that make up the Commonwealth of Independent States (CIS) countries reduces the likelihood of vanquishing or even comprising the growth of transnational organized crime groups like the Cosa Nostra (Milner, 2021).

Cosa Nostra and Systems of Justice

The bulk of the Sicilians who immigrated to the United States between the mid-1960s and early 1970s worked in pizzerias owned by either the American LCN or previous Sicilian Mafia immigrants (Milner, 2021). Both the FBI and the Drug Enforcement Administration have been involved in the investigation of the Sicilian Mafia in the United States. Both agencies collaborate extensively with significant local police departments, such as the NYC Police Department, and other Federal departments and agencies engaged in law enforcement. The collaboration and exchange of information between Italian and American law enforcement organizations is improving. The collaborative investigation against the Sicilian Mafia is primarily motivated by the significant drug issue shared by both countries.

There are three major Italian police departments committed to investigating the Sicilian Mafia:

• Central Anti-Drug Service (SCA) – Without operational control, the SCA coordinates the drug investigations of the three Italian police agencies.
• Police Nationale Italiane (State Police of Polizia dello Stato). This institution is responsible for investigating all crimes committed in Italy’s main cities. The state police has roughly 80,000 personnel. This institution executes tax, fiscal, excise, and smuggling regulations. It executes the anti-mafia law’s money confiscation provisions. There are 41,500 members.
• Arma dei Carabinieri (Judicial Military Police) – This force investigates crimes in big cities and locations where there is no state police presence. There are around 82,000 available jobs.
• Despite occasional disagreements, it is believed that Italy’s police agencies are becoming more efficient against the Sicilian Mafia and narcotics trafficking (History, 2019).

Cosa Nostra and Its Culture

The Sicilian mafia was never comprised only of thugs and criminals. These elements gave “La Cosa Nostra” – the Sicilian mafia, as contrasted to other mafia organizations — its power. In addition, these elements have their origins in traditional Sicilian culture, which approves of the utilization of violence to attain economic objectives and stresses the gap between proprietors and peasants.

When Italy was united, “mafioso” meant simply someone who distrusts authority. Anti-authoritarian extremism evolved organically from the Sicilian-Arabic slang phrase ‘acting as a guardian against the hubris of the strong, from whence the name evolved.’ Heroes of the Penitentiary, an Italian drama from the 1860s, promoted the term “mafia” by depicting “a gang of convicts in a Sicilian jail who preserved their own hierarchies and customs.

When the Italian state and later the church enlisted La Cosa Nostra to perform their dirty police job, neither expected the arrangement to be permanent. They turned a blind eye to extralegal bribes and intimidation, which subsequently affected all sectors of Sicilian industry and politics and even expanded overseas.

In particular, the religious aspect seems to be an important part of mafia identity. This can be seen in the ceremony of affiliation, which uses Catholic symbols and has many similarities to religious liturgies. It can also be observed in the altars discovered in mafiosi hideouts, the unclear connection with clergymen, and the obvious religiosity shown by mafia superiors in both private and public settings, such as at religious festivals. A big part of how mafia members talk to each other is that they often bring up faith and loyalty. This is especially true of written communication.

People used to think that the Sicilian mafia was a secret society where most of the information was passed down orally, and it was strictly forbidden to write anything about the group. In April 2006, the pizzini (messages) archive was found in Bernardo Provenzano’s hideout. This changed a lot of people’s thoughts because it showed that there was a well-established, efficient, and compartmentalized system of correspondence based on small typed notes and a network of carefully chosen messengers. There is proof that the mafia has used writing to talk to each other in the past (Merlino, 2015).

A written method of communication was the ideal solution for Provenzano’s requirement to mediate between various groups or persons, as it enabled him to determine the time and scope of the communication, postpone decisions, and organize the strategy to be implemented. Moreover, the Pizzini was not a neutral means of communication but rather the perfect platform for Provenzano to show himself in the new light as a knowledgeable, capable mediator motivated by deep religious faith. Indeed, religious themes and biblical quotes often accompany both mundane instructions and commercial topics. Examples include a letter addressed to Salvatore Genovese in September 1997 and the end of a pizzino sent to Bernardo Riina.

References

History. (2019). Origins of the mafia. Web.

Merlino, R. (2015). Devotion and Identity in the History of the Sicilian Mafia. The Case of Provenzano. Reset Dialogues. Web.

Milner, R. (2021). The dark origins behind the Sicilian Mafia explained. Grunge. Web.

Criminal justice is a law enforcement body that aims at ensuring that there is social control and crime prevention within society. The body is tasked with punishing those who defy laws through criminal punishments and the rehabilitation process. The work of police officers and other personnel in criminal justice requires proof and accuracy in determining the cause and effects of a crime (Lippman, 2010). This calls for the incorporation of math skills in criminal justice.

Math knowledge, especially algebra, enables professionals in the criminal justice department to carry out their duties with the required accuracy. Traffic police use math skills in determining specific points of traffic accidents. Agents dealing with illegal drug syndicates use it in deriving the number of unwanted elements in drugs, and officers in the military department use algebraic skills in calculating shooting distances. In this light, this paper discusses the use of mathematics in criminal justice.

Like any other profession, the concepts of mathematics are highly related to criminal justice. Mathematics is considered one of the requirements for acquiring a criminal justice degree. Students in the field are required to have basic algebraic skills and also integrate statistic courses in their studies. Math skills help criminal officers to understand crime statistics, weights and measures, and criminal profiling.

Math and statistics are essential in improving the work of head cops and state officers. The information collected by cops from different areas enables the criminal justice managers to formulate and come up with reports that depict the rate of crime in various states. This is an important step in determining the areas that require much consideration as far as security is concerned. Mathematical and statistical knowledge enable researchers in criminal law to analyze the efficiency of several criminal justice systems, study crime rates, and elicit the tendency of criminal punishments. Organizations such as Justice Research and Statistics Association (JRSA) depend on the information provided by Federal and State institutions to report the nature of crime in different states (Siegel, 2010).

Probability skills help police officers to construct mathematical profiles about criminals. This concept is important in the investigation because it can be used by CID offers to develop a profile of a suspected criminal. It is easy for investigators to determine the possible suspects using the reports from the crime scene. In most cases, chances are that the accused might have left behind some evidence that may help in investigations.

A better understanding of weight and measures is also essential in crime investigation. This is mainly applicable in aspects involving illegal elements. Since the penalty for drug ownership depends on the number of drugs possessed by the accused, drug enforcement agents need to have the necessary skills in measuring drug quantity to provide proof in criminal courts. Without mathematical skills, it would be difficult to charge drug suspects because of a lack of viable evidence.

Math knowledge is normally required in the area of criminal investigations such as traffic accidents and criminal operations. Dealing with traffic accidents depends on the appropriate skills in measuring angles and determining speeds and area covered, together with the exact point of impact. Investigating killings requires the cops to determine the time and the area of crime, considering features such as weather conditions and victim’s temperature.

Crimes where guns are involved call for the ability of investigators to elicit path and distance. This is also another way of determining and presenting evidence. In some cases, police rely on reports from witnesses of a crime. Such evidence cannot be entirely considered as genuine and therefore investigation is the first step in any criminal justice process (Lippman, 2010). This can only be confirmed through the mentioned mathematical skills.

The relationship between math and criminal justice calls for basic knowledge in mathematics. This is normally regarded as good algebraic skills. Algebra assists police officers to study crime operations and relations between suspects and the crimes. Such skills are essential in reconstructing any crime scene. A police officer with proper algebra skills can be able to visualize the crime by calculating distances covered by vehicles involved in the accident, the specific point of impact, and the time of the accident (Hall, 2010).

In addition, investigators dealing with domestic violence use algebra to determine the force used by the criminal to inflict pain on the victim. For instance, if the crime happened in a room and objects around the house seem to be moved, the investigators can calculate distances covered by the objects, and even analyze objects suspected to be used by the offender.

The field of forensic science relies on algebraic skills derived from criminal investigators. Forensic investigations are highly appreciated in criminal justice programs because the process elicits many truths which cannot be determined through other processes of investigations such as eye evidence. Although biology and chemistry knowledge is expected from forensic scientists, there is need for algebraic skills.

Algebra is used by forensic investigators to analyze forensic evidence such as blood spill patterns to determine the direction and intensity of offense. This type of analysis enables criminal justice officers to determine the objects used in the crime scene; particularly those involving blood or homicide. Moreover, the time and intention of the criminal can be determined through forensic investigations (Siegel, 2010). DNA evidence calls for skills in Algebra to analyze genes related to the suspect. Investigators are required to know about analyzing sets of numbers that can lead to the required evidence.

As a foundational skill, algebra is used by criminal justice scholars to carry out research and present answers to basic investigative questions. Algebra and statistics are essential in determining the performance of police officers in their respective lines of duty. Having computer-controlled programs such as Spreadsheet software and Decision Support Systems (DSS) enable the criminal justice system to actively store data related to criminal justice personnel and therefore come up with short and long-term plans for preventing crime. Such tools require analytical skills in order to make reports and analysis of criminal procedures (Lippman, 2010).

In the current world, computers and mathematics are highly related since computers were developed to solve mathematical problems. It is therefore essential for criminal justice personnel who are tasked with data processing to have good skills in mathematics.

In conclusion, mathematics is important in any occupation, including the criminal justice profession. Police officers, investigators, forensic scientists, and criminal lawyers rely on their mathematical skills to solve various difficult crime cases. This paper has discussed the importance of mathematics in the field of criminal justice. The various areas in which mathematics is essential are crime scene reconstruction, crime statistics, criminal profiling, weights and measures, and forensic science. Therefore, criminal justice professionals need to acquire basic mathematical skills to establish a good carrier in crime prevention.

References

Hall, S. (2010). “How Is Algebra used in Criminal Justice?.” eHow. Web.

Lippman, M.R. (2010). Contemporary Criminal Law Interactive E-Book: Concepts, Cases, And Controversies. USA: Sage Publications.

Siegel, L.J. (2010). Introduction to Criminal Justice. (12th ed.). Belmont, CA: Wordsworth Cengage Learning.

Defense Counsel

The main task is to protect the clients and their constitutional rights throughout the trial process.

Adequate protection of suspects in court requires defense counsel to thoroughly investigate all aspects of the case, analyze it, and predict the likely results.

In court, defenders can find evidence through discovery, speak with witnesses of the crime, and file pretrial motions.

Obtaining evidence through discovery is the process of exchanging available evidence and witness information between the parties represented in court (Criminal justice standards, 2017).

Interviewing witnesses is the process of talking and asking questions to a person who may know any information about the circumstances affecting the consideration and resolution of a case.

Filing pretrial motions. Defense lawyers use preliminary motions to resolve specific issues before the trial.

A suspect’s right should be represented by a defense lawyer at all stages of the US criminal process, and it is a constitutional principle enshrined in the US Constitution and several other laws. Without the assistance of a lawyer, the suspect, due to lack of sufficient knowledge and skills, is unable to conduct his or her defense at the proper level. The suspect may hire defense counsel, or, if he or she is unable to do so, be provided by the State. Such a lawyer’s main task is to protect the clients and their constitutional rights throughout the process.

To fulfill their primary function of protecting the rights of clients, defense lawyers establish trusting relationships with them. All information received is protected by legal secrecy and cannot be disclosed under pressure from other parties. At the same time, defenders should not forget that they are not only representatives of their clients, but also the court, and their main goal is justice. In the process of communicating with suspects, defense lawyers advise them and help them understand their capabilities in current situations.

Obtaining evidence through discovery can be testimony data under oath, various documents affecting the case, and others. Evidence through discovery can be obtained not only through the exchange but also through a subpoena or motion.

Interviewing witnesses. In the US criminal trial, testimony is the primary source of evidence. The reasons for this are their ability to show the picture of the crime most fully. Moreover, often other types of evidence are introduced into the case through the testimony. Sometimes the court is forced to replace documentary or material evidence with witnesses’ words due to the impossibility of submitting other evidence. A defense lawyer in court may interview a witness with the necessary professionalism and respect for the interviewee and his/her rights.

Filing pretrial motions. They have a significant influence on the course of the trial and the case itself. Motions may be filed if there is insufficient evidence, and counsel may request the dismissal of the charges. This method can also be used if the evidence to be presented in court is obtained illegally, for example, by searching without grounds. Another example of using motion is if it is necessary to change the trial’s place due to its publicity and threat to the suspect.

Peggy Hettrick Case

• Represent and protect the rights of suspect Timothy Masters.
• Motion about the insufficiency of knives collection and writing as evidence.
• Search of witnesses.
• Links to the second suspect.

In the case of Peggy Hettrick, defense counsel needs to represent and protect the rights of suspect Timothy Masters. Since among the grounds for his arrest were a hobby in the form of collecting knives and writing cruel stories, the defense lawyer could file a motion about the insufficiency of this evidence and the requirement not to use them in court. To obtain evidence through the opening and interrogation of witnesses, it was essential to find those who could tell about the second suspect. Since he had previously been arrested, police officers could give testimonies. Moreover, the defense’s task is to find witnesses ready to talk about Timothy, his behavior, and his character. Thus, for the Peggy Hettrick case, the defense attorney can use various methods to protect Mr. Masters’ rights.

Reference

Criminal justicestandards for the defense function. (2017). Web.

Broken Window Policing

Broken window policing is a policing concept that implies that visible signs of disorder and misbehavior in a community encourage further disorder and misbehavior, leading to violent crimes. This means that a sign of disorder in society that goes unattended can fuel such behaviors. The broken window policy has been used to target neighborhoods occupied by minority populations. With this policing, the majority of people arrested and victimized were people of color. Wilson and Kelling (2007) posit “But the police forces of America are losing, not gaining, members” (para 47). This means that the police are not successful in the use of excessive force against suspects. The quote presents the status quo in the current criminal justice system used by the police to maintain social order. Therefore, this essay will define the concept of the broken window policing, explain why it produces racists result, and describe why it is wrong using the concept of deterrence.

Definition of Broken Window Policing

Wilson and Kelling (2007) say, “Social psychologists and police officers tend to agree that if a window in a building is broken and is left unrepaired, all the rest of the windows will soon be broken” (para. 11). This means that a behavior that is not solved in a society can turn into something that cannot be controlled. For instance, if a person with a violent behavior is not tamed early enough, then there is a possibility that the behavior might become a habit that is difficult to control. In other words, an untended problem in society is likely to escalate to the point that it cannot be managed. Through this quote, one can understand the meaning of Broken Window Policy. Now, one can say that a broken window is a policy that majors on the importance of a disorder such as a broken window in creating and sustaining more serious crimes.

According to Wilson and Kelling (2007), “persons who broke the informal rules, especially those who bothered people waiting at bus stops, were arrested for vagrancy” (para. 8). It means that a person would not be spared even when they break unwritten rules but defines acceptable roles and activities in a community. Normally, most people who end up being serial criminals are believed to have started breaking informal rules such as disturbing people in public places, and nothing was being done. This quote is a good illustration of a broken window policy because it majors on taming all manner of crime, whether minor or major. Based on this quote, society understands broken window policy is all about maintaining the social order by attending to any form of unethical behavior.

How Broken Window Produced Racist results

Wilson and Kelling (2007) claim that, “Window-breaking does not necessarily occur on a large scale because determined window-breakers inhabit some areas whereas others are populated by window-lovers” (para. 11). This means that some areas are occupied by individuals who must commit an offense, while some areas are occupied by people who love to obey the law. This quote groups people into two; people who are more likely to offend and the ones who are less likely to offend. As a result, law enforcers have always focused on areas with people who are prone to breaking the law. This quote presents a notion that people living in high crime rates are reported to love breaking the law. Therefore, window-breakers are likely to experience more arrests compared to areas with window-lovers.

Moreover, Wilson and Kelling (2007) suggest, “For some residents, this growing atomization will matter little because the neighborhood is not their home but the place where they live. Their interests are elsewhere; they are cosmopolitans” (para. 15). It means that some people will be unconcerned about the neighborhood’s growing level of social disorder because it is not their home but rather the place where they dwell. They come from other countries, and their interests are diverse. The quote tends to present a view that immigrants are less likely to be bothered by the security issues of the host country because the existing location is not their original home. This quote presents people of color and other immigrants as an enemy to social order. Based on this, the original inhabitants of the host country are more likely to perceive immigrants as the cause of insecurity in the country.

Why Breaking the Window Theory is wrong

Wilson and Kelling (2007) state, “Second, at the community level, disorder and crime are usually inextricably linked in a kind of developmental sequence” (para. 11). Broken Windows is based on the assumption that crime and disorder are interrelated and that establishing order in areas through increased police presence will decrease crime and make residents feel safer. In principle, this technique would allow authorities to repair a neighborhood by enforcing minor infractions. According to CBC (n.d.), “Haworth, who was suspected of theft, was handcuffed at the time of the incident, which left him with a fractured skull and traumatic brain injury” (15^th minute). This means that people use excessive force to strike fear in people for breaking the law. Drawing from this quote, breaking the window theory is portrayed as a preventive technique to strike fear among offenders, just like deterrence theory. Breaking the window theory is wrong because it majors on driving fear in people as the main solution to reducing crime.

Breaking the window policy is also wrong because it fails to consider the main reason why people obey the law. The concept of deterrence means that people obey the law because they are afraid of being caught and punished. This indicates that when you create fear around committing an offense, more people are likely to obey the law. On the other, the breaking the window policy focuses on minor crimes committed as a means to prevent the occurrence of major crimes. According to Wilson and Kelling (2007), “But the police forces of America are losing, not gaining, members” (para 47). This means that arresting people with petty offenses is not going to make people obey the law. Therefore, the broken window argument is incorrect because the social disorders do not cause people to breach the law and commit more crimes.

Conclusion

The criminal justice system is supposed to keep everyone safe and make sure there is fair and equal justice. However, the current justice system is far from being fair and just because of introducing concepts such as the broken window policing. The current justice system is saddled with unfairness and ends up draining resources and disrupting communities. Broken window policing is a policing idea that suggests that apparent indicators of disorder and misbehavior in a community inspire further disorder and misbehavior, ultimately leading to violent crimes. This means that an unattended symptom of chaos in society has the potential to feed such acts. The broken window policy has been used to target minority-populated neighborhoods. People of color make up the majority of those detained and victimized as a result of this policing.

References

CBC. n.d. Above the Law. Web.

Wilson James, Q., and L. Kelling George. 2007 “Broken Windows: The police and neighborhood safety.” The Atlantic, retrieved (2007): 09-03.

Felons and ex-convicts are usually under strict laws on voting and obtaining jobs after serving a sentence worldwide. This essay discusses the criminal justice laws of the United States on the hiring of ex-convicts and whether felons should exercise their civil rights of voting or not. In the PBS NewsHour video, William Brangham discusses the Ban-the-Box law, stating that employers should not ask potential applicants about their criminal history before hiring. The law argues that ex-convicts receive unfair treatment when applying for jobs regardless of their qualifications or the nature of the criminal offense. In conclusion, commentators agree on the scraping of the criminal record box but suggest that particular jobs will still require a criminal background check, especially in private organizations and small enterprises.

On the other hand, BEME news discusses the rights of felons to vote while in detention and after serving their term. Some states allow ex-convicts to vote while the majority are still reluctant to give ex-felons this right. While history indicates that denying felons the right to vote is a form of punishment termed ‘civil death,’ some activists argue that the whole concept is racial and political. Most felons are African-Americans who support the democrats’ political party. Therefore, the republicans may be afraid of allowing them to vote, which will change the political arrangement.

I think the Ban-the-Box law is the best way of creating employment opportunities for ex-convicts without discrimination. Criminal offenses vary in the degree of the crime, making it unfair to treat all ex-convicts the same. Moreover, some felons learn from their mistakes during detention and parole, creating a better and law-abiding citizen with the ability to work faithfully. This law also gives employers a chance to assess the skills and qualifications of ex-convicts before denying them an employment opportunity ensuring the best talents are not wasted because of a criminal record (Leacock, 2018). Alternatively, emphasis should be put on the degree of the criminal offense and the type of job opportunity in question. Regarding the voting of ex-convicts, I believe all citizens have the right to democracy which entails the civil right to vote. Civil laws regarding the rights of ex-convicts to vote should change with the changing times, which must disregard the ancient regulations like civil death laws. This is because all voices count, especially in the current multi-party system in most governments.

Reference

Leacock, S. (2018). To actually give a fair chance: “Ban the Box” laws and the “rational relationship” standard. American University Business Law Review, 7(3), 383-406.

In the criminal justice arena, the concept of exercising discretion is of great importance. There is a lot of room for discretion in the criminal justice system since every party is legally required to uphold the law, but each has the legal right to do it in their unique ways (Wakefield &Fleming, 2018). When law enforcement officials investigate, detain, arrest, surveil, search and seize, and use force, they must make relevant decisions. The “rule of law” governs how judges use their discretion in court. The role of discretion is to provide the capacity to make official judgments based on logic and judgment in the criminal justice system. This gives the option of selecting from a variety of suitable options. Legally, each individual has the authority to make their judgments, and this has an impact on the discretion that they employ.

All members of law enforcement and the criminal justice system should strive to use authority, integrity, and discretionary power in harmony. Integrity entails honesty, morality, and the ability to be relied upon (Discretion in Decision Making (n.d.)). One with authority has control over others. Authority entails being able to give commands and make decisions about what has to be done. Discretionary power is the capacity to choose what and how much power to utilize in a given scenario. Abuse of power is when a law enforcement personnel allows another person to inflict harm on another person just out of selfish gain.

An important distinction between ethics and morals is that ethics are concerned with defining good and bad, whereas morals are concerned with what is morally right and wrong (Pollock 2020). Decision-making is influenced by one’s ethics and morality by how one uses discretionary authority. When deciding whether to issue a warning, make an arrest, file charges, or impose a punishment, a criminal justice professional may consider a person’s appearance and socioeconomic background.

In my discretion decision, I opted to give a warning to the male driver and summon medical attention for the female passenger. Despite the male driver’s speeding, running a red light, and involvement in a traffic chase that culminated in the emergency room ambulance bay at 1:45 a.m. he must have had a legitimate rationale for his behavior (Pollock, 2021). I learned that the passenger who is a female pregnant, her water had broken, and was in active labor. I realize the male driver was not intentionally breaking the law, but he wanted to get the female to the hospital before she gave birth outside of a medical environment, which is why he drove her there.

Integrity, authority, and the ability to make discretionary decisions were all factors in my decision to listen to the male driver and female passenger. I used my position as a law enforcement officer and my integrity to do the right thing in every case. I was able to put myself in the shoes of the male driver because of my strong ethical and moral principles. Taking the male driver’s place allowed me to imagine how I would have transported the female passenger to the hospital after her water broke and she was in active labor at 1:45 am.

Decisions taken by courts and correctional facilities may be affected if I had issued a summons or arrested the male driver. The courts may have a positive or negative reaction. This might be because of the different discretionary judgments, from the prosecutor to the judge, that are made (Discretion in Decision Making (n.d.)). The prosecutor has complete discretion over whether or not to file charges against the male driver. The judge has wide latitude in their judgments, so they can either dismiss all charges or inflict jail time or a fine on the accused. If the male driver is sentenced to jail, the corrections system will be burdened by his continued presence, which might have a negative impact if the courts impose a jail term.

References

Discretion in Decision Making (n.d.).

Pollock, J. M. (2021). Ethical dilemmas and decisions in criminal justice. Cengage Learning. Web.

Wakefield, A., & Fleming, J. (Eds.). (2018). The Sage dictionary of policing. SAGE Publications Ltd. Web.