Category: Criminal Justice

Criminal Justice Persuasive Essay

The criminal justice system has been known to be, as some would say ’institutionally racist’ towards all ethnic minorities of the world but mostly towards the biggest minorities, black people. We can see the levels of crime rising as the police crack down on crime without realising what they are causing which is the loss of trust in the police due to their actions when conducting stop and searches, the difference in sentencing between the ethnicities and how recent cases have shown the police to have an overall racism and race problem.

Stop and searches

The level of stop and searches have risen drastically over the years due to the police getting more and more powers from Section 1: Police and criminal evidence act 1984, Section 23: Misuse of drugs act 1971 and section 60: Criminal Justice and Public Order Act 1994. These acts in themselves allow the officers of the Metropolitan Police to conduct stop and searches toward anyone they find suspicious if they have reasonable grounds in doing so. These powers have caused the police to make numerous stop and searches towards countless people of all ethnicities however as of late, they have been going after the ethnic minorities. A statistic from GOV (2019) states that “The proportion of stop and searches conducted on whites deceased from 75% in 20142015 to 59% in 20182019” shows us that the Metropolitan Police have gone much easier on white people when it comes to stop and searches however there was an increase from 13% to 22% for black people and 8% to 13% for Asians during this time. The reason for this to have increased is that round this time, the police were cracking down on knife crime as it was rapidly increasing and there were cases of it all over London. The Police however only focused on the BAME communities mostly causing there to be more stop and searches than there was meant to. Another statistic from GOV (2019) said that “Black suspects had the highest proportion of arrests from stop and searches in the latest year”. This shows us that while the Police have been lowering their stop and searches on white people, they have increased this for black and Asian people. Another main fact is that on GOV (2020), it states that “There were 4 stops for every 1000 whites compared to 38 stops for every 1000 blacks”, these stats state the obvious in that the police do have a problem with the BAME community even though they state they do not. This can be shown as evidence towards the argument of has the Criminal Justice System got a race or racism problem towards which end, I would say they have a problem with race. They mostly only target black people when it comes to stop and searches as the police find them the most suspicious due to their idea that black people are the only ones who commit crime and take part in knife crime and drug crime.

Case study

There have been many cases involving the Metropolitan Police and their abuse of powers, but this case was a real big one. The killing of Mark Duggan on August 4th 2011. This murder caused an outrage in the BAME communities as the public were calling it racism at its finest. This had huge effects on London as within days, The London Riots started and there was havoc. The officers involved stated in The Guardian (2019) “I honestly believed that Mr Duggan had a gun at the time he was shot, he had been lawfully killed”. The word lawfully has been thrown around a lot by the Police. Some would say it is used as an excuse to allow these acts to occur. In this case however the term lawfully was hazy since the gun that Mark Duggan supposedly had in his hands was around 7 meters away from the body and that none of the other officers saw him make any type of throwing motion. Which begs the question, how did the gun get there? This essentially led to the moral panic theory being brought up in the way that there was a problem with crime at the time and there was a problem with how the police acted against the BAME communities. This all lead to the media making their stories and printing it for the public to see and get concerned about. This mixed with the emotions of the ethnic minorities lead to sparks being created which finally also led to the London riots. A quote from Newburn (2017) said that “young people were frequently the subject of moral concerns…they are folk devils”. In this sense the police believe all young people to be folk devils and they may or not believe that BAME are the bigger folk devils. So, they focus more on these communities more and they create a sense of panic between the public and these so-called folk devils. This case study can be shown as evidence towards the criminal justice system having a race problem as it shows that Metropolitan police should be fair and just, but this is not the case. The stats I have previously mentioned all link to the fact that the police are racist, and this incident further adds to the many lists of incidents the police have against the black ethnic minority.

Court sentences and prisons

Racism in the criminal justice system is everywhere. It is also very dominant in the USA. For example, there was a case with a black man and a white man committing the same crime (armed robbery) and had the same number of points on their record and they were in front of the same judge, however the white man got 2 years in county jail while the black man got 26 years in prison. (Snopes, 2018). This is but one case out of many around the world showing the complete corruption within the criminal justice system and how they treat those of colour poorly. There have been many cases where the exact same circumstances have occurred and the white guy will get a lesser sentence than the black guy, this shows the system have a problem. There is also a stat from an American centre called pew research centre (2020) which states that “there were 2272 inmates per 100,000 black men compared to 392 inmates per 100,000 white men”. This statistic itself can explain the huge disproportion within the prison populations. This can be explained as a race problem. The huge differences between whites and blacks are just unreal, no one can deny that they have an issue with racism. The crime rates for Asians and whites are similar so it only shows they are racist to blacks. This is the left realist response. They believe that “Any relationship between crime rates and ethnicity is solely a function of racist policing” (Martin D, 2015) meaning that the crimes black people commit is due to the racist policing that occurs daily on the streets. They also think that there is a huge victimization towards the working classes as they fall into white collar and working-class crimes. This can also be linked to strain theory in the sense that society put pressure on individuals to reach certain goals even though they may lack the means, this leads them to commit crime to get money for these goals which leads them into the hands of the criminal justice system for them to give a long sentence. Yes, black people commit crimes and deserve to go to prison, same for all the other races but when someone of a white colour gets a lesser sentence for the same crime and circumstances, its completely unfair and makes the criminal justice system look like they have a problem with certain races.

The Lammy Review

This independent review was conducted in 2017 and it was into the treatment of black, Asian and minority ethnic individuals in the criminal justice system. Inside talks about the problems that the criminal justice system has such as problems with trust and fair treatment amongst the BAME communities. They conducted a survey which stated that “51% of people from BAME backgrounds believe that the criminal justice system discriminates against particular groups” (Lammy D, 2017). This is a massive amount of the population who essentially have no trust in the criminal justice system as the communities believe they are racist towards them. This is dangerous as the criminal justice system rely on the public for information on crimes but if people do not trust them, they will be reluctant to share information. This review also listed a few recommendations that the criminal justice system should incorporate into their work for example, Lammy D (2017) mentioned that “All identifying information be redacted from the case information passed to police so they can make race blind decisions”. This is a brilliant idea as in the police force themselves, they can know, who is what race by reading their name and seeing their picture. If you were to take out the information and just present the crimes, they committed the sentencing should be much fairer and that way the public will start having faith in the criminal justice system once again. One improvement that has been put in place though is the use of cameras on all officers so everything is recorded so if anything is wrong, it can be seen front hand. If you are in anyway shape and form racist or nor conducting yourself how you are trained to be, then you would be penalised for it. Another improvement that the Lammy review created is that it caused the criminal justice system to review how modern-day slavery legislation can be used to protect the public from levels of racism and even developed joint training programmes for these issues brought up.

Case Study

The killing of Stephen Lawrence in April 1993 was seen as one of the main cases that was explored to find out if the criminal justice system were in fact institutionally racist. Stephen Lawrence was stabbed to death in an unprovoked racist attack by 5 suspects who all evidence pointed towards very quickly in the case. However, they are charged with murder, but the charges are dropped due to the evidence being unreliable despite all evidence points towards them. It took over 20 years and a huge pay out of £320,000 towards the family of Stephen Lawrence that 2 out of 5 suspects, the brothers were arrested and charged with murder and received life sentences. However, in the Macpherson report (1999) it states that” the investigation into the killing had been marred by a combination of professional incompetence, institutional racism and failure of leadership” A man such as himself has said the criminal justice system is institutionally racist. After this report, many officers were named and blamed and the whole criminal justice system was criticised for their actions at the time. The bad apple approach can be used to explain the actions of the police force. The officers who were involved in the case were racist towards black people however it does not mean every single officer is racist. Only the ones who would let this type of case go on for this long when they had all the evidence to arrest and charge the suspects were. The case itself just answers the question, the criminal justice system is racist towards other races, mostly blacks.

In conclusion, the workings of the criminal justice system have been incredibly racist throughout every year. The main 2 cases I brought up were all caused due to racism, the Mark Duggan case having the racist officer fire shots and the Stephen Lawrence case where the entire force who were on his case did not do anything for so many years. There are even more of these cases such as George Floyd which re started the whole Black Lives Matter movement that swept the world, Breonna Taylor, Trayvon Martin who was the murder that started the Black lives matter movement etc. All these cases and statistics show that the criminal justice system has an overall problem with race and black people. They are targeted the most for stop and searches, they get the longer sentences compared to other races and they are just overall treated very harshly by the Metropolitan police. So, to answer the main question that is: has the criminal justice system got a race or a racism problem. My answer is they have a race problem due to the fact black people are always targeted so much more than Asians or whites. This is due to the police being institutionally racist and if they hope in getting the publics trust back, they need to fix that and root out the bad apple

References

1. GOV (2019) Statistics on Race and Criminal Justice system (National Statistics) Minister of Justice
2. GOV (2020) stop and search, Stop and search – GOV.UK Ethnicity facts and figures (ethnicity-facts-figures.service.gov.uk) (last accessed on 09 December)
3. PA Media (2019) Mark Duggan shooting: family settle high court against Met, The Guardian 10TH October (Last accessed on 9th December)

The Perspectives Of Criminal Justice To Adult Prostitution In Canada

Introduction

Basic morality is widely known as the guiding principle for our legal system, explaining why things like murder and assault are criminalized; but what about adult prostitution? Reasonably, the law argues that it is because prostitution often comes alongside dangerous activities such as drug use and violent crime, thus its heavy regulation is in the best interest of personal and public safety. Nevertheless, the nature of the issue still sparks controversy to this day. As a result, I will be answering the following research question: has the Canadian Criminal Justice System’s treatment and perspective of adult prostitution evolved/improved?

This topic is relevant because it considers various perspectives, notably the feminist, civil libertarian, and law and order lenses which add to the perpetual relativity and evolution of values that need to be represented in our Criminal Justice System. This topic is an important example demonstrating how the law may not always be universally “right” and needs input from the public to create the safest possible environment for citizens. The arguments surrounding the (de)criminalization of prostitution also offer valuable insight on both sides, showing that legal decisions are not just black-and-white and require constant evaluation.

Literature Review

Throughout this literature review, three main frameworks, seen as approaches to prostitution regulation, will be of constant relevance: criminalization, decriminalization, legalization. In order to set the stage, first, we must discuss the evolution of society’s beliefs which influence the evolution of laws surrounding prostitution. Prostitution was never technically illegal in Canada, however, it was illegal to a) keep/visit a common bawdy-house, b) communicate publicly for the purpose of prostitution, c) live primarily off of the avails of prostitution. While the law criminalized regular frequenters of brothels, mostly men, with a potential summary conviction, it was believed that the law was laxer on frequenters. Following this theme of gender bias, the 1872 Charter of Rights and Freedoms, Section 175 (1)(c) saw prostitution as vagrancy and said: “[a vagrant person] is a woman who is a prostitute or nightwalker, found in a public place”, was then punished by imprisonment of a fine. This law that carries a sexist connotation which vilifies women mimics the largely sexist historical era where female sexual liberty was seen as deviance.

Another piece of evidence hinting at extremely biased legislation in Canadian history regarding prostitution is the Contagious Disease Act, 1865. It was an attempt to take more of a public health regulation approach, instead of blatant prohibition. However, it was riddled with gender discrimination. It involved someone swearing before a judge that a female prostitute was suffering from a venereal disease which would then prompt a constable to locate the woman, who would then have to submit voluntarily to a medical examination or be arrested. American Historian, Judith Walkowitz said that this Act represented: “ the high water mark of an officially sanctioned double standard on sexual morality, one that held different standards of chastity for men and women and tried to demarcate impure women from the rest” (Backhouse, 2005: pg. 6). This is simply mind-boggling given that this same method of compulsory examination was previously used to examine soldiers but was struck down by the 1850s for its inefficiency.

This low point in Canadian history and in the progression of prostitution statutes all stems from the belief that aggressive sexual desire is a moral sin and thus, society saw it as a social plague/evil. Although, it was the prejudiced nature of society that allowed prostitution to flourish in the first place, meaning, that it is unlikely to have such a high problem with prostitution if we lived in a society where everyone enjoyed equal rights and freedoms with little economic disparity.

Nevertheless, these views associating prostitutes as a social evil/sin were slowly starting to change. The basis of anti-prostitution sentiments in the law was sparking political backlash, mainly from feminist groups, encouraging the government to change their foundation of prostitution as a female-exclusive activity and using it to scapegoat individuals. Not only were laws on anti-prostitution oppressive but it was dangerous– it pushed sex workers to continue their work more privately and tremendously discourages them from reporting any violent crimes and abuse, piling onto the hundreds of thousands of unreported cases each year. The points above notably represent the arguments against prohibitionism which is a sub-section under the criminalization approach, where prostitution is seen as a violation of human dignity and has an ultimate goal to entirely eliminate prostitution. To illustrate its prohibitionism’s impact, let us look at California, where they heavily follow this model. It is illegal to agree to engage in prostitution and to actually engage in prostitution. Strict imprisonment is almost guaranteed if you are caught soliciting in prostitution. In fact, around ⅓ of female inmates in the U.S. are there due to a conviction of prostitution; valuable space and money that could be used for more effective resources to help men and women out of the sex trade. To continue, there are processing fees from the arrest racking up to thousands of dollars, as well as potential fines also ranging from a few hundred to a few thousand. While the intention is to deter people from rejoining the sex trade by enforcing such harsh penalties, often times, they have to revert back to their sex work in order to pay for those legal fees.

Thus, there is little to no evidence that these strict anti-prostitution measures are a significant deterrence. This was the same case in Canada and other nations during time periods where this legal model was favoured. This system is counterproductive and ignores the core issues of financial strain in society which ties in with other prominent inequalities such as ethnic inequality, given that the majority of female inmates via prostitution are from visible minorities or are immigrants. This issue of potential legal models misdiagnosing the real problems come up in the next time cluster analysis of the mid-late 1900s and is still prevalent in the recent 10 years.

There were still visible remnants of a separationist attitude between sex workers and the government/general public in the Canadian Criminal Justice System in the mid-1900s. The only real legal change in the mid-1900s that happened was in the small but still significant definition of prostitution. The 1872 legal view on prostitution shifted from affiliating prostitution specifically to women to as shown in the 1978 Law Reform Commission Report which then used the definition as a prostitute as: “every person who solicits any person in a public place for the purpose of prostitution,” who is then guilty of an offence punishable on summary conviction. (Robertson: 2003: pg. 2). The system made a big step in combatting the stereotype that all sex workers are women, although agreeably, the ratio of women involved in sex work to men is significantly larger. However, you cannot ignore the reality is that more men were entering the field, with sex work comprising of more than 90% women, centuries back, that metric was virtually close to 100%.

This us vs. them concept was still being substantiated and the Canadian government still leaned towards the dangerous prohibitionist-criminalization approach (which later gradually shifted) because the three core laws heavily barring prostitution remained intact and in full-force with little alternative side efforts being made to truly help sex workers. The Criminal Justice System saw prostitution as a social plague and continued to hinder the response instead of the root of deeper systemic social issues. For example, as a result of these intergenerational, social, economic and structural factors, First Nations, Inuit and Métis women represent a disproportionate amount of sex workers in Canada. One study conducted in Vancouver’s Downtown Eastside revealed that “52% of sex worker respondents were First Nations, Inuit and Métis women, while other studies have estimated up to 60% (Canadian Public Health Association, 2005: pg. 6). This trend acts as an important piece of empirical evidence highlighting that prostitution is a result of other underlying issues, not exactly the issue itself.

Additionally, many socialist groups throughout the 1990s. Upon noticing these trends, the Canadian government finally started leaning more towards targeting these critical social inequalities in the late-1900s. On October 4th, 1990, the Committee published a 31-page report surrounding three recommendations at providing better alternatives for people engaged in the street solicitation trade and further pushing away potential clients. The most significant recommendation in terms of improvement in the legal system when looking at the sex trade is:

That the departments responsible for justice, health and welfare, and employment, at all levels of government, develop programs to provide start-up and core funding to community-based agencies providing integrated, holistic programs accessible and responsive to the needs of male and female prostitutes wishing to leave the street solicitation trade.

Here, we start to see more government support for sex workers instead of the historic scapegoating and alienation which are signs of progress but it does not necessarily fix the social issues since the sex worker must actually willingly come to seek for government resources. In a cycle of abuse and violence, we know that voluntarily seeking help is rare due to factors of fear, dependence, and the desperation for money. Additionally, many sex workers maintain that their involvement in the trade is voluntary in order to get money, and thus, attempting to push away their demand is simply a business deterrence. As a result, they would not be willing to pull themselves out of the trade if they do not see resources that allow them to make money elsewhere in a safer way.

Nevertheless, it is a big start and the government’s efforts to move away from strict prohibitionism and more into abolitionism in the late 1900s were clear. Abolitionism is the middle-ground between prohibitionism and legalization. It follows that even though prostitutes may choose to enter the trade, it is nevertheless a social problem. Advocates of this model believe that governments must take the necessary steps to allow prostitution to occur only as long as it does not infringe on public safety and order. This is a step forward from the previous attitudes in the late 1800s which sought to unrealistically stop the sex trade completely and did not acknowledge that some people were voluntarily apart of it, thus placing heavy criminalization measures would push the trade further underground and create more violence. It saw the sex trade as a social problem and less of a social evil, meaning that more strides were being considered to create better programs and alternatives to alleviate the core issues.

Fast-forwarding to today, the government is still trying to get it right with sex work regulations. Up until just 5 years ago, in November 2014, prostitution laws were amended with the Protection of Communities and Exploited Persons Act which criminalizes buyers of sex services more heavily, instead of sex workers themselves. This update came as a response to when the three laws prohibiting prostitution-related activities mentioned prior (keeping a common bawdy house, communicating for the purposes of prostitution, and living off the avails of prostitution) were deemed unconstitutional by the Supreme Court in 2013 in the Canada v. Bedford case; a significant step in legal Canadian history. Prior to December 20, 2013, the buying and selling of sex in Canada was not illegal, but these aggressive laws were in place which restricted virtually all of its related activities. In a unanimous decision, the Supreme Court judges found that these laws “violate the right to life, liberty and security of the person as described in Section 7 of the Charter of Rights and Freedoms.” (Canadian Public Health Association, 2015: pg. 6). The provisions prevented sex workers from working safely indoors, screening clients for potential threats, or hiring drivers and bodyguards to increase protection.

As a result, the current system, Bill C-36, which came into effect in 2014 that focuses on criminalizing the buyers follows the Nordic model in an attempt to punish and, consequently, cut down the demand for sex work. Under these new provisions, sex workers could be involved in “procuring, communicating or operating bawdyhouses without fear of prosecution. They could offer sex services from fixed indoor locations, advertise their services and hire bodyguards to protect them. Also, they could negotiate on the street with their clients without fear of arrest.” (Matas, 2015). This model follows the part neo-abolitionism and decriminalization approach which call for the decriminalization of the activity of prostitutes themselves, but for the criminalization of the activity of pimps and the participation of clients. Thus, Bill C-36 represents a paradigm shift in legislation from the view of prostitution as a nuisance to being a form of sexual exploitation since it sees all sex workers as victims.

This could be seen as a step forward, as it aims at helping instead of harming sex workers– but what are the true implications of this revised legislation? The reality is, although there have been some spotty metrics published, actual reduction rates of prostitution using this model are unknown; there is a giant knowledge gap since the majority of sex work activity is underground. While Swedish authorities claim that their model has resulted in a halted influx of violence and the number of individuals entering the trade is up to 50% less since its enactment, there is much criticism about the accuracy of these numbers.

Opponents of Bill C-36 argue that it is, like its predecessor, unconstitutional because it will put sex workers at risk again because they will be unable to effectively screen clients seeking to avoid arrest. In the official evaluation of the ban on purchasing sex in Sweden using the model Canada follows, the data showed that sex workers experienced increased police scrutiny, stigma and discrimination. It was found that sex workers had decreased negotiating power, increased risks of violence, difficulty in obtaining stable housing, and there was a reluctance of clients to help report violence against sex workers.

Keep in mind that this paper does not attempt to pick which method is better, rather, it is seeking a trend of evolution and progression in the Canadian Criminal Justice System. In this sense, the federal views on the trade have evolved within the past 10 years as, even though the real efficiency of Bill C-36 is debatable, it definitely is an attempt to help the sex workers for a change. Additionally, more funding has also been granted as apart of this new provision, allotting $20-million over a five-year period after its enactment to help sex workers get out of the trade. The stigma around the sex trade has then surely evolved, but blindly throwing money at a systemic problem is definitely not the best solution since, as mentioned before, sex workers are often reluctant to voluntarily seek help. Nevertheless, it is definitely a positive change in attitude.

Conclusion

The regulation of the sex trade in Canada has tremendously evolved in its treatment of adult prostitution, but real progression in the environment and the incidence of prostitution is lacking. To highlight some key evolutionary points: the law went from using prostitution provisions to emphasize gender-based discrimination to becoming less patriarchal. It also importantly went from an entirely prohibitionist approach to leaning more into decriminalization of the workers themselves and heavily regulating/criminalizing the buyers.

While there is not a global consensus on what the most beneficial legislation is on handling the sex trade, it is safe to say the underlying issues of prostitution are not being addressed methodically. An effective model for handling prostitution within our Criminal Justice System requires more review on institutional frameworks and resources available to target systemic inequalities. Thus, the answer to my research question that there has been a lack of real progress is significant to criminology because simply put, it hints at flaws in the system which require immediate intervention. To further explore the implications of this topic, the question: “how is data about the sex trade collected and how can it be improved?” should be visited because the large knowledge gap makes it hard to draw conclusive decisions to aid sex workers.

Psychology And Criminal Justice

Introduction

The eye witness is not perfect and challenging to Identify accuracy. Eyewitness could be problematic due to issues which might be addressed during the interview such as delay evens, suggestibility, anxiety, and lack of confidence as a result of false convictions. To aid the police in their investigations, some interview methods have been developed to improve the quality and quantity of information obtained from eyewitnesses Vredeveldt.,2011. The present thesis investigates the effectiveness of a relatively new interview instruction, namely, asking witnesses to close their eyes during the interview. That witness confidence plays a significant role, influencing reliability to court. Whether eye-closure facilitates event recall affects the Confidence-Accuracy (CA) relationship in eyewitness memory (e.g., Perfect et al., 2008; Vredeveldt &Penrod, 2013). However, it is important to note that Cognitive Interview was developed to address eyewitness issues. Experiments will explore the extent to which the memory benefits of eye closure are valuable when attempts are taken to build between interviewer and witness rapports, thus, potential reducing discomfort. And lastly, it will be demonstrated that the eye closure method is a technique which has been shown to help eyewitnesses recall more accurate and detailed information and can be used along with the Cognitive Interview (CI).

Eye closure Method

Eye closure can be a valuable tool for supporting witnesses in investigative interviews (Mastroberardino, Natali, & Candel, 2012; Vredeveldt et al.,). For instance, Perfect et al. (2008) stated that people who closed their eyes while remembering events were better able to answer correctly and less incorrectly questions opposed to people who kept their eyes open. The phenomenon of the eye-closure method has been helped to improve memory accuracy.

The research illustrated that people who tend to avert their gaze when engaging in complicated remembering tasks had been found that the natural behaviour of looking away or closing the eyes increases with the complexity of their call task. Research has shown that people who were instructed to close their eyes recalled more accurate information in comparison with people who kept their eyes open. Also, Doherty et al. (2002) demonstrated that these performances are refined throughout puberty, and can be advantageous to raise the accuracy of free recall. Wagstaff et al. (2004) sustained these results and found that free recall of preceding events. Can be improved by guide an interviewee to control during the interview. Thus, eye-closure has been contemplated to be as a memory aid that plays a significant role in sustain solid memorisation.

Perfect et al. (2008) enlarged these judgements to the enterprise a list of procedures that intended to consider the impacts of eye-closure on both free and cued recall of everyday events. The outcome across entire studies found that eye-closure has beneficial effects on increasing the accuracy of evoking anamnesis. They summarised improves both free and cued recollection of ocular and aural data from video clips and remotely of everyday events. Furthermore, latter studies discovered that eye-closure undoubtedly appreciates memory recall of visual and auditory data(Vredeveldt, & Sauer, 2015). Thus, cutting out the external interferences by closing the eyes can help improve memory functions.

These measures have justified being highly effective at improving memory for events. Unfortunately, these complex interviewing procedures have also proven difficult to implement in practice. For example, Clarke and Milne (2001) found that the Cognitive Interview had not been used in 83% of investigative interviews in the United Kingdom Dando, Wilcock, & Milne,2008; Kebbell, Milne, & Wagstaff, 1999). The core of this procedure is getting eyewitnesses to attempt memory retrieval with their eyes closed one of the optional components of the Cognitive Interview and one shown in some laboratory investigations to be a useful aid in memory retrieval. The present chapter will briefly review evidence from laboratory studies showing that eye-closure improves memory for events however not for face recognition. Our primary focus will be on the applied value of the Eye-Closure Interview in improving evidence obtained from eyewitnesses. Individually, it will be reviewed empirical evidence addressing whether Eye Closure Interviews can be effective in naturalistic settings, whether Eye Closure Interviews are feasible and effective when interviewing eyewitnesses in field settings and whether Eye-Closure Interviews can improve facial identification performance.

However, In the second experiment, it has been explored the effect of eye closure during a mental rehearsal in a face recognition paradigm. In this paradigm, each participant provides many recognition decisions, allowing for the application of signal detection analytic methods to participant performance, with the particular benefit of estimating both discrimination performance and response criterion. Besides, it has been added a control condition in which participants did not rehearse the face before recognition, to assess the effect of mental rehearsal per se. In line with previous research (e.g. Graefe& Watkins, 1980;), predicted that mental rehearsal of the face would improve participants ‘ability to discriminate between old and new faces on a subsequent recognition test. We also predicted that eye-closure during mental rehearsal would increase its effectiveness, through facilitating concentration (e.g. Glenberg et al., 1998) and visualisation (e.g. Wais et al., 2010). Also, extrapolating from findings that eye-closure during recall reduces overconfidence in recall memory (Vredeveldt & Sauer, 2014), we hypothesised that eye-closure would make participants more conservative in their decisions. In this experiment, we found that white participants were better at identifying the white book thief from the line-up compared to participants of a different ethnicity. However, because the experimental design did not include targets with another ethnicity, it is difficult to conclude own-ethnicity bias based on those data. To explore own-ethnicity bias in more detail, we covered both white and black target faces in the second experiment. The two main theories that have been expected to administer meaningful explanations of eye-closure effects will be discussed below.

Eye closure theory

Glenberg’s (1997) proposed that memory is incorporated to correspond the reciprocation among individuals and their environment. He purposed that recalling information and monitoring the situation are two competitive tasks. Thus, when faced with challenging reminiscence, apparent monitoring is restrained (closing the eyes) to aid internal control of this convoluted intellectual recalling task. The latest studies have sustained the effectiveness of this hypothesis in analysing the outcome of eye-closure technique (Perfect et al., 2008; Perfect et al., 2011; Vredeveldt et al., 2011). The prognosis is another potential explanation of eye-closure effects, which suggests that eye-closure obstructs visual approach from the environment and helps imagination (Vredeveldt et al., 2011). The findings confirmed that the brain areas activated in the visual perception are the same as those activated in mental visual representation. Hence, closing the eyes significantly heightens the mental images, which in turn develops retrieval of visual information from lifelong memory (Ganis et al., 2004; Caruso & Gino, 2011; Wais et al., 2010; Vredeveldt et al., 2011). This finding was promoted by experimental studies and neurological findings (Ishai et al., 2000; Mechelli et al., 2004; Wais et al., 2010).

Therefore, there are differences between the two assumptions of eye closure, firstly is concerned with alternative information that expedites by this action. There have been different shreds of evidence that examines the two premises. For example, Perfect et al. (2008) addressed that some indications were persistent with the modality-specific interferences prediction; nonetheless, the vast majority of the evidence supported the cognitive load assumption. Besides, Perfect et al. (2011) state that eye closure decreases false memory, especially when the subjects are vailed to aural aberration. This recommendation firmly supports the hypothesis that eye-closure reduces the combination of general interferences rather than a specific one. To conclude this point, irrespective of the precise theoretical explanations of eye-closure effects, both (cognitive load & modality-specific interference) hypotheses predict that the closure of one’s eyes will enhance the retrieval of studied information. Hence, the question remains, does eye-closure help to reduce false memories?

Eyewitness memory

Human memory is an active process of reconstructing an account of an event or object from incomplete information encoded in memory. This information may include the witness own prior knowledge, expectations and assumptions. Graham Davies., et al.2008 A witness tends to fill in gaps in his memory on ‘what must have happened that day’. An eyewitness may be unable to remember some aspect of an event because they might not attend to relevant detail and therefore it was not encoded in memory (Graham Davies., et al. 2008). A witness may have impaired memory not only because of inattentional blindness but also environmental effects such as delay events, anxiety, or lack of confidence.

In court cases, witnesses and victims are often questioned weeks, months, or even years after the witnessed crime ( Plotnikoff, 1990; Plotnikoff & Woolfson, 1995; Poole & White, 1993). Unfortunately, with time, our ability to retrieve information from long-term memory declines. A moment to be remembered, the data must first be encoded stored and retrieved. Graham Davies., et al.2008. Vredeveldt and Baddeley (2014) examined the effects of eye-closure in a repeated-recall paradigm. Here, will be analysed the rating of confidence which provided during cued recall in that study to investigate whether the pattern reported in the first experiment holds when the cued-recall interview is preceded by a one-week delay.

The introduction of a one-week delay and multiple recalls attempts also enhanced the ecological validity of the research. In applied settings, the delay between experiencing an event and recalling the incident will typically be longer than a few minutes, and individuals may attempt to retrieve a particular on multiple occasions during repeated witness interviews.

In this experiment, forty-eight participants were randomly assigned to one of four combinations of instructed eye-closure during interviews in sessions one and two (open-open, closed-open, open-closed, or closed-closed). In the first session, participants watched a video depicting a violent encounter between a man and a woman, completed a two-minute distracter task, and provided a free recall of the event. In the second session one week later, participants first provided another free recall, and then participated in a cued-recall interview (with 16 questions about the event). After each cued-recall response, participants indicated their confidence on a scale from 1 (“not confident at all”) to 5 (“extremely confident”). Because confidence ratings were obtained only for cued-recall responses, the free-recall data will not be discussed further, Vredeveld Baddeley, Hitch 2014). For the present research, audio-taped interviews were re-coded using the coding procedure described for Experiment 1. Ten interviews (160 responses; 21% of the total sample) were randomly selected and scored independently by a second blind coder.

Interviewing techniques

The cognitive interview has been developed these issues by incorporating various rapport building and to enhance free recall (Fisher&Geiselman,1992, cited in Nash et al., 2015). Rapport-building is a fundamental interviewing skill (K. Collins, Doherty-Sneddon, & Doherty, 2014; Kassin et al., 2007) emphasised in the first investigative interviewing protocols (Fisher & Geiselman, 1992; Milne & Bull, 2003; Orbach et al., 2000 cited in Nash et al.,2015). Rapport is essential for building friendly or sympathetic relationships and trust and can be developed over disclosing positivity, friendliness, and mutual attention (Abbe & Brandon,2012; Tickle-Degnen & Rosenthal, 1990). A growing research base highlights the positive effects of rapport-building in investigative contexts and links rapport with greater cooperativeness of suspects (Bull & Soukara, 2010) and victims (Holmberg, 2004). ( R. Collins, Lincoln, and Frank (2002) has been demonstrated different participants in a mock-crime video and then consulted them using either a rapport-building, neutral or abrupt approach. Rapport method was employed through verbal and non-verbal interviewer conducts such as referring to witnesses by their names and adapting the tone of speech and body posture. The evidence designated that participants in the rapport-building condition recalled more correct information than those in the neutral and abrupt states, without an attendant to raise inaccuracy. Vallano and Schreiber Compo (2011) validated and protracted these completions, demonstrating that rapport-building heightened the accurate fact that mock-witnesses reported, but also depreciate inaccuracies and awareness to the misstatement. More recently, Kieckhaefer et al. (2014) revealed that rapport-building partly inoculated witnesses against misinformation effects when rapport was built before but not after exposure to the misinformation.

To summarise both eye closure and rapport building separately enhanced correctly responding. However, if eye closure sometimes causes discomfort, as some researchers propose, then its benefits might be improved when efforts are first taken to build interviewer-witness rapport. Sixty-six students participated in watching a 6-minute silent clip demonstrating a man stealing some items from a shop. Takarangi, Parker,&Garry2006. Continually has been engendered 17 queries, each regarding a distinct and valid visual detail of the film (“What was written on the front of the van?”). Before data collection, we defined the responses for each question that would qualify as correct. At the end of the interview, participants concluded a short and simplistic questionnaire wherein they rated the quality of their rapport with the interviewer (1= Poor affinity; 7= Good rapport) and their comfort during the interview (1=Uncomfortable; 7= Comfortable). These questions were intermixed among filler questions concerning how friendly the interviewer was, how she spoke, how easy the interview was, and whether the issues were confusing.

Discussion

These findings investigated the effect of eye-closure on the confidence-accuracy relation for witnesses event memory. The findings were remarkably consistent across experiments. First, participants were able to monitor the accuracy of their responses, indicated by both the mean ANDI statistics and the higher confidence ratings for correct than incorrect responses. Second, participants were significantly less confident in imprecise responses than in precise responses and showed poorer calibration for imprecise responses. Third, across all experiments, eye-closure reliably increased recall accuracy without significantly inflating confidence, consistent with Wagstaff et al. (2004), Wagstaff, Wheatcroft, Burt, et al., (2011) and Wagstaff, Wheatcroft, and Caddick (2011) findings. The present research included discrimination and calibration analyses as additional indices of the CA relation. Although eye-closure did not improve participants’ discrimination between correct and incorrect responses, there was no evidence that it impaired this ability. Further, reducing distraction in Experiment 3 significantly reduced overconfidence. In sum, eye-closure improves recall accuracy with no apparent cost, and some evidence of benefit, to metamemory.

Confidence assessments can be influenced by intrinsic cues, which tries to the to-be-remembered stimuli, and extrinsic cues, which relate to the external environment associated with encoding and retrieval (Koriat, 1995, Koriat, 1997). Kelley & Lindsay, 1993), extrinsic cues often exert disproportionate effects on confidence (Busey et al., 2000, Chandler, 1994, Garrioch and Brimacombe, 2001, Tulving, 1981).

It is possible that eye-closure shifts witnesses focus towards internal mental processes. For example, eye-closure polarises moral judgments (Caruso & Gino, 2011) and intensifies emotional responses to negative emotional music. An enhanced focus on intrinsic cues as a result of eye-closure could explain the observed increase in accuracy (Koriat, 1993, Koriat, 1995, Koriat, 1997), as well as the decrease in overconfidence. Moreover, even if eye-closure does not direct attention toward internal diagnostic cues, it should at least mitigate the effects of any non-diagnostic visual cues (e.g., from an interviewer). Other manipulations that encourage reflection on internal memory processes, such as focused meditation, have similarly been found to increase recall accuracy without inflating confidence (e.g., Hammond et al., 2006, Wagstaff et al., 2004, Wagstaff et al., 2011), improve CA relations (Brewer et al., 2002, Kassin, 1985, Kassin et al., 1991), and reduce overconfidence (Arkes et al., 1987, Buratti and Allwood, 2012a, Buratti and Allwood, 2012b).

Conclusion

Eye closure improved recall accuracy of precise details provided with high confidence. Thus, the most important application of the eye closure guidance, may be to assist witnesses remember specific events in the future. Reducing distraction during recall through eye closure technique, improves accuracy without inflating confidence. The eye closure instruction is easy to implement in practice and does not require training and does not extend interview time. (Vredeveldt,Tredoux et al.,2014). Moreover, where hypnosis, mental context reinstatement tends to increase overconfidence, has been examined no evidence that eye closure increases confidence, however encourages the reflection of internal memory and body relaxation.(Hammond et all 2006)

References

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Criminal Justice: Serial Killers

Serial killers are mostly people who may have had a hard childhood or people who have been over looked or unappreciated as adults. Some acts that serial killers may portray have no motive and are done out of spite, others are because you may look like someone who they may hold a grudge against. This document will give you an insight on serial killers and an insight on how people may think their minds work versus reality. Granted no two people are the same but with a lot of research serial killers they all have similar characteristics. When dealing with serial killers there are four main types of killings that describes each scenario which are thrill seekers, mission oriented, visionary and power and control. Once you have read this document in its entirety it will give you a better understanding on serial killers and their different classifications.

Many people, when asked what is their favorite genre of movie or book their reply is going to be either horror or scary. People love a good suspense most of the time it doesn’t have to be fictional. When people are on trial for different crimes people love to follow those stories just to see if the outcome is what they have judged in their heads. A lot of time when people are on a trial for murder its normally just for killing one person. Every now and then you will hear the media discussing murders that are connected and they speak about serial killers. When googling the definition of serial killers, it states that it is: a person who commits a series of murders, often with no apparent motive and typically following a characteristic, predictable behavior pattern. The key elements of a serial killer are number, time and motivation. Most murders have only one victim; serial killers by definition, have multiple victims that range between 3 to 10 over a time of a month, with a process known as a “cooling off period” between the different murders (Crosgrove-Mather, 2004).

Often, a sexual element is involved in the killings, but the FBI states that motives for serial murders includes “anger, thrill, financial gain, and attention seeking.” Sometimes the murder may have been pursued in the same manner that he portrays on his victims and the victims may also have something in common. Serial killers normally have a type that they go for, rather it consists of an occupation, race, appearance, sex or age group. Even though those are the things they look for they are not the same as mass murderers or spree killers who constantly kill with no breaks or cooling off period. When speaking of different types of serial killer there are between 3-8 different types and some all fall in the same category. The four-main type of serial killers is based off of the type of crime they commit which are: thrill seekers, mission-oriented, visionary killers and power/control seekers.

Thrill Seekers are killers who get enjoyment or pleasure out of outsmarting law enforcement. They enjoy media outlet attention and pursuing the police. Thrill seekers send messages to others and they keep detailed records of their killings, because of this they can be categorized as organized killers but they do not plan everything out in advance. Thrill seekers normally use weapons and/or rape their victims before killing them. After killing their victim, they tend to hide the corpse and move on to their next victim unless they are caught by law enforcement. (Sullivan, 2015)

Mission-oriented killers feel as if they are doing society a favor by elimination it of certain people; that can include young women, prostitutes, drug dealers, or homosexuals, basically people they feel the world would be better without. These killers are stated to normally not be psychotic and they see themselves as people who are improving society. They always have a controlled crime scene, and they target a specific crowd this categorizes them as organized killers and this makes them easier to track because law enforcement sees their patterns and know what they are after. (Sullivan, 2015)

Visionary serial killer are people that occasionally suffer from psychotic breaks from society. They sometimes believe they are another person, or they are compelled to murder by higher entities such as God or the devil. There are two common subcategories for visionary serial killers which are demon-mandated and God-mandated. David Berkowitz is a famous visionary serial killer who claimed that a demon transmitted orders to him through his neighbor’s dog who told him to kill. Visionary killers are unorganized which mean sometimes they leave big clues of who they are behind which depending on the training of law enforcement can be easy or can be hard to solve. (Sullivan, 2015)

Power and Control serial killers enjoy terrorizing their victims, they are ones who like to see them suffer and hear them scream. Normally these killers where abused at a young age which left them feeling powerless and insufficient as adults. Many of these killers also sexually abuse their victims, but they are not motivated by feelings of lust. To them, rape is simply another form of dominating the victim. (Sullivan, 2015)

There are many subcategories that these killers can fall into, because not one serial killer is the same. they may have many things in common, but all of them have something that they do differently. Most of them may have a signature weather it is visible at the scene or something they do to all their victims. Serial killers can also keep mementos of their victims once they are dead. Robert Keppel a retired American detective and law enforcement officer, placed these collections in to two categories: souvenirs and trophies. Souvenirs are personal items which can allow the killer to enjoy their memories of a crime they committed. These can be things like jewelry, body parts, and other items pertaining to the victim. Trophies are objects that serial killers make into a shrine, forming a collection of particular items from their past crimes. (Sullivan, 2015)

When looking into demographics of a serial killer men are responsible for a vast majority of crimes committed worldwide. The ratio of male to female criminals, including those who commit single-incident homicides, is 9 to 1; the ratio of males to females who commit serial murder is 19 to 1 (Solano, 2004). Even though it is rare female serial killers do exist and are more likely to work in pairs than male serial killers. Young adults are the most common targets of serial murder, but victims could be anywhere from their early childhood to late adulthood. Some serial killers prefer male victims, others prefer female victims, and still others have no gender preference. Whereas the victims of single-incident murders are often family members, friends, and acquaintance victims of serial murder are nearly always strangers.

There are many serial killers that have been made famous by the many people and styles they have used during killing. The media gives a great outlook on things that should be on the front line of the media because in the end this is what the person want to constantly see, that they are being looked for by police officials. Jeffery Dahmer who was a hedonistic killer and also a thrill seeker was known for murdering 17 males between the years of 1978-1991. He murdered these men in a very horrific fashion like rape, dismemberment, necrophilia, and cannibalism were all part of his tactics of killing. Dahmer was a troubled kid and drank a lot and also got into a lot of trouble growing up. His parent tried to help him by sending him into the army and also to stay with his grandmother where he was charged with drugging and raping a 13-year-old boy. He served a five-year probation sentencing, one-year work release camp, and was required to register as a sex offender.

Dahmer began killing around one person a week by the summer of 1991. On July 22, 1991 Dahmer lured Tracy Edwards into his home with the promise of cash in exchange for his company. Dahmer forced Edwards into his bedroom with a butcher knife. Edwards was able to get himself freed, flag down a police man, and inform them of the incident that took place. When the police arrived in Dahmer’s apartment the officers found pictures of dead bodies and dismembered limbs that allowed them to finally place Dahmer under arrest. When a further investigation was ordered they found a severed head in the refrigerator, three more severed heads throughout the apartment, multiple photographs of the victims, and more human remains in his refrigerator. A total of seven skulls were found in his apartment as well as a human heart in his freezer. Dahmer constructed an alter with candles and human skulls that was kept in his closet. An indictment was set against Dahmer with 15 murder charges and that trial began on January 30, 1992 Dahmer pled insanity as his defense, the court declared him sane and guilty of 15 murders. He was sentenced to 15 life terms, a total of 957 years in prison. (Carter, 2006)

Another know serial killer and native of Mobile, Al is Joseph Franklin also known as “The Racist Killer”. Franklin was known to have a killing record of about 15+ men and women most of them being Jews or interracial couples. For much of his life he was own as a drifter, roaming up and down the East Coast looking for chances to “cleanse the world” of people he considered inferior. Growing up Franklin was abused by his father who was an alcoholic and who abandon his family for months at a time, which left him with an injury that exempted him from the military. Franklin married in 1968 and implemented the traits of his father. His wife noticed these changes in him and they soon divorced. He moved to Atlanta and joined the neo-fascist National States Rights, Party, simultaneously holding membership in the local KKK. Franklin legally changed his name, shedding the last links to his “normal” life.

Franklin struct in several cities and states including twice in Indianapolis, killing black men with a long-distance rifle fire in two separate attacks. He was indicted for that crime but never tried, since he already faced stiffer penalties in other states, more convictions followed. Overall investigators believe Franklin was responsible for at least 18 murders and five non-fatal shootings in 11 states, plus two bombings and 16 bank robberies. Judge Ralph Winkler sentenced serial killer and alleged white supremacist Joseph Paul Franklin to two consecutive life sentences for the 1980 Cincinnati murder of two teenagers. Franklin appealed that sentence within 30days after it was set. Franklin served as co-counsel and presented no case. While no family members spoke at the hearing, written victim impact statements were submitted by family of the fatal. Franklin was found guilty on October 21, 1999 and received two life sentences. (Blanco, 2006)

Men aren’t the only people who can become serial killers and it has also been known for killers to have people who will kill for them and take all the charges. Sometimes it can be a situation to where you love your significant other so much you guys kill together. A very known couple that were considered serial killers are James and Suzan Carson also known as the “Witch Killers” in the San Francisco, California area. Like any other serial killers these two led normal lives while and before they were married. After James and Suzan met they traveled in Europe for a while and settled in California. The area where they resided was known as the Haight-Ashbury district which was also known as the birth place of the hippie culture: drugs, art, mysticism, and all manner of counterculture activities. The Carson where heavily involved in all activities especially the drug use. During their time in Haight-Ashbury they converted their beliefs to “vegetarian Muslim warriors”, who believed that anyone who participated in witchcraft, homosexuality, and abortion needed to be killed. The Carson’s felt as if it was their duty to kill these people for their protection and the future of their country.

Collectively the couple killed three people and felt they had done no wrong. The first murder was their roommate who was an aspiring actress who Suzan stated was a witch. Suzan said her higher power instructed her to kill and every time she said her name thunder roared which gave her confirmation that it was her time to kill. On a nice spring day of March 1981 “Bear” a name that the couple came up with for themselves killed 22-year-old Keryn Barnes. They fractured her skull with a frying pan and stabbed her 13 times and hid her body in a basement. After killing Ms. Barnes of course, they fled and stayed in Oregon until that next spring. When they came back to California they settled in Humboldt County and worked on a marijuana farm. James, who recently changed his name to Michael wasn’t getting along with one of the workers by the name of Clark Stephens. After an ongoing dispute Michael fatally shot Stephens and the couple took him in a nearby wooded area and set his body afire. Two weeks later, Stephens’ remains and ID were found and the Bears were at the top of the suspect list, but once again, they were long gone.

Two years later the couple was picked by Jon Hellyar for a ride and shortly after Suzan was convinced he was a witch. They had an altercation in the car, which led to all parties exiting the vehicle and ended with Suzan stabbing the driver and James shooting him in broad daylight. Jon died and others witness this slaying of an innocent man. James and Suzan where convicted of all three murders over two trials, and were sentenced to serve upwards of 50 years to life behind bars. The Carson’s are believed to have kept a kill list and are thought to be linked to other murders in Europe but have not been convicted of those crimes. (Barbaro, 2018)

With so many serial killers amongst our population many study always say that the information gathered starts with the upbringing of those individuals. According to Ingrid Solano who has written a biology report on “Can Biology make us Murders?”, states that some reports in science have found a discrete area in the brain that uses an intricate system that serves as the human moral compass (Rutigliano, 2008). Many studies have been done on people who has had head trauma that has totally changed them as a person. I have seen this to personally be true, I have a co-worker who had an accident on ATV and it totally changed his entire life, a person who was once soft spoken and shy is now a person who curses and drinks a lot leading a life he has never led before. This individual also does not remember anything about is life other than stories told by family and friends. Not that his new life will lead him into a life of serial killing but he is in a high percentage of doing so according to studies on head injury done by Solano.

When finding places in the brain where behavioral traits lie we can understand that they may exist in people with neuropathological disorders who may show a lack in behavior when it comes to emotions that guide normal human behavior. Other studies show that serial killers have a very difficult time with processing, and understanding and using their general emotions. When going in and doing studies on the brain so many people come up with so many different result to where in the end no one really knows. Keep in mind there are plenty of serial killers who have suffered no type of head injury just emotional issues dealing with their upbringing in their homes. From a personal stand point I think it is a lack of attention that they may have needed growing up, with majority of serial killers being males a lot of the time parent can be hard on young boys. I have heard it a lot “stop hugging on him you’re going makes him soft,” when at that very moment that child may have needed that love. I have grown to know that kids forget absolutely nothing, and that very moment could have been the time in his life that molded the outcome of his future.

Even though I am not a parent, I have always felt like a parental figure to younger cousins, and other kids who grew up in my neighborhood so the advice I am able to give comes with little experience. The love you give a child can affect the way they love the world, growing up I received a lot of love, my parents divorced when I was young but I always had a two-parent home and a stern but loving environment from family. I also have friends who had the exact opposite of what I received and have grown up with an amazing life style. So, when it comes to serial killers I don’t think you can really judge what and how people are going to be when they grow up.

By writing this paper and attending many different classes, I have gained a lot of unknown information during this journey to obtain my Bachelors Degree. Most of all I have learned always watch your surroundings and that you can never be too careful when dealing with people you know nothing about. Also, science can’t always be the answer, some descriptions of a serial killer can fly below the radar, and one can be totally normal in a day time life and be a totally opposite in the blink of an eye. When having to write an extensive document and also having to do research it makes you want to dig deeper, and see what else you can find. When you have a certain passion for things it never seems as if you are doing work, it’s like your adding information to your personal library to use in your future while on your journey to a successful career.

Works Cited

1. Barbaro, M. (2018, May 4). Listen to ‘The Daily’: The Hunt for the Golden State Killer. Retrieved August, 2018, from https://www.nytimes.com/2018/05/04/podcasts/the-daily/golden-state-killer-dna.html?rref=collection/timestopic/Serial Murders&action=click&contentCollection=timestopics®ion=stream&module=stream_unit&version=latest&contentPlacement=3&pgtype=collection
2. Blanco, J. I. (2006, Fall). Joseph Paul Franklin. Retrieved August 2, 2018, from www.murderpedia.org
3. Carter, R. (2006). Jeffrey Dahmer. Retrieved July/August, 2018, from https://www.crimemuseum.org/crime-library/serial-killers/jeffrey-dahmer/
4. Cosgrove-Mather, B. (2004, May 10). Inside a killer’s mind. Retrieved July 2018, from https://www.cbsnews.com/news/inside-a-killers-mind-616647/
5. Rutigliano, A. (2008, January 3). Predestined Serial Killers. Retrieved July 17, 2018, from http://serendipstudio.org/exchange/serendipupdate/predestined-serial-killers
6. Solano, I. (2002, Autumn). Serial Killers: Just trying to feel normal, it’s not my fault. Retrieved July 2018, from www.serendistudio.org
7. Sullivan, A. (2015, Summer). What are the different types of serial killers? -Psychology of Psychopaths 4a. Retrieved July 17, 2018, from www.sites.google.com/sites/psychologyofpsychopaths4a/are-serial-killers-made.org

Argumentative Analysis Of The Impact Of A Serial Killer’s Motives On Their Right To Legal Justice

Serial killers are a very interesting and (thankfully) infinitesimal percent of the population, and yet they take up a lot of space in the media, with mental health professionals and within other academic and social platforms. This year alone, Netflix released its docuseries on one of America’s most infamous serial killers, Ted Bundy, called Conversations with a Killer: The Ted Bundy Tapes; Joe Berlinger directed a movie chronicle of Bundy’s crimes called Extremely Wicked, Shockingly Evil, and Vile; detectives recently cleared the 1973 Omaha cold case by the serial murderer Sam Little (Mastre). While serial killers make up only less than 1% of our population, their actions have far reaching implications (Bonn, par. 3). Due to the intricate and complicated nature of these cases, it is sometimes difficult to understand where nature ends, and nurture begins; where the brain chemistry ends and free will begins. Understanding the unique nature of serial killers are interesting in and of itself – we often get fascinated by these stories, perhaps owing to the stark difference in understanding the “rightness” and “wrongness” of moral codes between ourselves and these serial killers. However, they are also important from a social and community perspective. It is important to care and to understand the different facets of a serial killer’s psychological and emotional context in order to drive policy and legal actions, decide appropriate punishment and design relevant intervention strategies. This paper explores the question of whether motives should be taken into consideration in legal contexts in order to decide appropriate punishment. Further, the paper examines how punishment can be decided while complying with the ethical standards of justice to all, which by definition, includes the serial killer as well. In order to do this, I will first provide context about who a serial killer is and then offer neuroscientific and public policy lens respectively to describe prevalent points of views. Further, I will argue about the importance of ethical thinking frameworks in suggesting appropriate consequences for serial killers. Finally, I will look at opposing viewpoints to address relevant concerns.

To begin our discussion, let us start with defining a serial killer. A serial murder is a pre-meditated sequence of two or more separate events in two or more separate locations that are separated by distinct periods of cooling-off (Waller, 4). In the broadest sense, serial killers are those that commit serial murders. However, professionals have categorized people as serial killers using numerous other standards, based on motive for killing, mindsets and/or needs. In general, it is often difficult to accurately define a serial killer as just one thing because the categories have blurry boundaries and people often dip between or across these categories.

Additionally, understanding the neuroscience behind a serial killer’s brain can give us refreshing biological perspective into an area in psychology heretofore largely speculative. A study conducted in 1998 to compare the brain functions of affectively violent offenders and predatory violent offenders provided some insight into the neuroscientific basis of a serial killer’s brain (Raine et al, 320). According to the study, psychopathic criminals often engage in predatory violent offenses, and while it’s important to acknowledge that not all psychopaths are serial killers and not all serial killers are psychopaths, this is still an important study to follow. The amygdala, hippocampus, midbrain and thalamus and prefrontal cortex are few of the areas identified with respect to the manifestation and modulation of aggression in humans (Raine et al, 321). Using PET scanning procedures, the authors concluded that predatory murderers had excessive subcortical activity in the right hemisphere of the brain by almost 8.7%. Further, an interesting case study in this field is that of James Fallon, professor at the University of California- Irvine and his work in studying brain scans of killers (Fallon, 13). Fallon’s personal family history led him to look at his own brain scans that revealed that he had the exact brain pattern of psychopathic killer. Fallon’s scans showed how the orbital cortex, which is responsible for several aspects of moral and ethical thinking, aggression and impulsivity were inactive in his brain, as of those of serial killers and criminals (Kiser). Further, low serotonin levels have also been associated with impulsive, self-destructive violence such as those in serial murderers, and the effect of dopamine and norepinephrine in enhancing aggression (Allely et al, 289).

Furthermore, public policy as relating to serial killers is a very interesting area of focus. In this paper, I will focus on the FBI’s National Center for the Analysis of Violent Crime (NCAVC) and more specifically, its Behavioral Analysis Unit-2 (BAU-2) which put together the Serial Murder Symposium to focus on operational assistance and training regarding serial murder situations. The symposium was put together to bring experts from various areas of expertise including mental health professionals, law enforcement officials, officers of the court and more to discuss and form public policy regarding serial murders. Interestingly, one of the themes was the determination of an appropriate definition for serial killers and relevant factors that should make it to that definition. Something that struck out to me was how they decided that motivation did not belong in a general definition of serial killers because it would make it too complicated. In my opinion, especially in the case of public policy, motivation should be taken into consideration when defining serial murder and its implications on legal proceedings. The attendees also linked serial killer tendencies with psychopathic personality disorder and established that law enforcement officials and other professionals in the legal justice system must have an understanding of psychopathy as it relates to serial killers, in order to appropriately engage with the case. Psychopaths who commit serial murders are reckless with others’ lives and do not care for the value of human lives; in general they do not show signs of remorse. This is important for law officials during investigations so they can appropriately decide on legal proceedings and punishment. However, the symposium attendees did discuss ideas about motivation for serial killings as an important step in the process of law enforcement. This brings us to the ethical question posed in this paper: Should motives and moral competence be taken into account when deciding on appropriate punishment for serial killers, while still abiding by the ethical code of justice for all? I propose that motives should be taken into account and punishments should be decided based on the motivation, and that if the motives are corrupt, then justice for the serial killer should not hold power. Here, I think it is important to note that a “corrupt motive” is anything that intentionally brings harm to an individual and is motivated by an individual’s own selfish interest, needs or desires, and is not executed due to threats or coercion by a third party. I will explain this using several arguments, including the theoretical frameworks such as that of Deontology, Buddhism and other relevant viewpoints.

This brings us to our first argument in favor of “Justice for all” holding no power in case of corrupt motives in the case of serial killers. One of the most compelling reasons comes from Deontology, an ethical thinking framework that is driven by moral duty and obligation to do what is right. Deontology is driven by what is morally allowed or forbidden – it provides a set of rules that guide what is right and wrong, what we ought to do, within a normative ethical framework (Alexander). In this sense, Deontology holds the view that no matter what the consequences, some actions are morally wrong. By adopting this viewpoint, I argue that no matter what the consequences of a serial killer’s actions, killing someone else is morally forbidden and therefore they should be punished. Serial killers sometimes adopt patterns regarding who they kill – prostitutes, people who sold drugs, people of color, LGBTQ community members, women, men, children and so on. Virtually everyone can be a target to some serial killer’s specific target. Sometimes these serial killers have corrupt motives on why their killing is justified – most of the time, they feel no remorse and hold no value to the human life that they took. In such cases, using the Deontology framework, a serial killer must be punished. No matter what their “motive” or “excuse,” their actions are morally forbidden and therefore must be punished.

My second argument stems from a Buddhist perspective. According to the principles of Buddhism, karma is a big driving factor for the consequences of an individual’s actions. When someone causes a particular response, they are responsible for their actions, as well as the consequences of their actions. In that sense, serial killers are responsible for the acts of killing and should suffer appropriate consequences. Buddhism also supports my previous argument of motivations behind actions being more important than the consequence itself. Finally, Buddhism supports compassion or the principle of nonviolence, which is one of the most fundamental principles of Buddhism. Taking the life of any sentient being and harming them causes harm to the victim, and therefore the perpetrator will have to face the consequences (karma). In the case of serial killers, by breaking the victim’s life cycle of causing them so much hurt and harm, the serial killers have broken all the three main principles of Buddhism, and through its lens, should suffer the consequences of their actions. This would mean that the ethical code of “justice for all” cannot hold power in this situation because what truly even is justice for a person that mercilessly killed multiple individuals?

Finally, even if I were to place this situation within a framework that opposes that of Deontology, there is still strength in having the serial killer be punished, pending corrupt motives. For example, using a consequentialist lens, if we ignore the motive and just focus on the consequences, we find that even by sticking to the basic definition of a serial killer, at least two lives are being taken. Serial killers not only torture and take the lives of at least two individuals, but also ruin the lives of the near and dear ones that have to mourn the loss of their loved ones for the rest of their time. Looking at the consequences, we still find that serial killers with corrupt motives cannot seek justice to their crimes because their actions are unforgivable no matter how you look at it.

A major counterargument against this is that, due to the high stress – high stakes situation often involved with serial killings, unconscious biases sometimes influence the jury when determining convictions (Waller, 43). Waller uses the situationist tradition in psychology and philosophy to highlight how seemingly inconsequential situational cues can be used to impact thoughts and behavior. Individuals can be coerced into committing heinous acts of crime, given the right situational cues and prompting (43). Further, Waller suggests that attribution biases can further influence how individuals can sometimes be framed in a way that is altering the reality of the situation (45). Further, Joshua Knobe’s work with how the consequences of an action can influence our decision and understanding about its intentionality further shows how biases in evaluative judgements can arise and how they can influence outcomes (Waller, 46). This means that it is important to know whether the identified person is truly to be blamed and is the perpetrator of the crimes, and what the motivation behind that was. Where they being manipulated into committing these crimes? Were they blackmailed? What were the situational cues? These are all questions for law enforcement officials to consider when dealing with serial killers.

Therefore, bringing it back to my thesis, it is crucial to understand the motives behind the actions of serial killers and that should be taken into account when trying to deem someone culpable of serial murders. However, if the motives are found to be corrupt, then using the frameworks and perspectives mentioned above, the serial killer should face appropriate consequences and be punished accordingly. In that case, “justice to all” would start to mean something totally different and loses its power when it comes to justice for the serial killer.

In conclusion, a serial killer’s motive should be taken into account when deciding appropriate punishment. Using ethical frameworks like Deontology, Consequentialism and Buddhism, we can see how all of these frameworks can confirm that corrupt motives should be punished, irrespective of the different perspectives and approaches of each of these ethical codes. However, because of the high intensity nature of serial murders, there might be instances were people are convicted even though they are acting on cues provided by others. Keeping this in mind, it is important to define corrupt motives so that serial killers can be punished appropriately within the legal system.

References

1. Alexander, Larry, and Michael Moore. ‘Deontological ethics.’ (2007).
2. Allely, Clare, Helen Minnis, Lucy Thompson, Philip Wilson, and Christopher Gillberg. ‘Neurodevelopmental and Psychosocial Risk Factors in Serial Killers and Mass Murderers.’ Aggression and Violent Behavior 19.3 (2014): 288-301. Web.
3. Bonn, Scott. “5 Myths about Serial Killers and Why They Persist [Excerpt].” Scientific American, 24 Oct. 2014, www.scientificamerican.com/article/5-myths-about-serial-killers-and-why-they-persist-excerpt/
4. Fallon, James H. The Psychopath inside : A Neuroscientist’s Personal Journey into the Dark Side of the Brain. New York: Current, 2013. Print.
5. Howard, Amanda. ‘Serial Killers as Practical Moral Skeptics: A Historical Survey with Interviews.’ Serial Killers – Philosophy for Everyone: Being and Killing. Wiley-Blackwell, 2010. 51-65. Web.
6. Kiser, Barbara. ‘The Psychopath Inside: A Neuroscientist’s Personal Journey into the Dark Side of the Brain.’ Nature 502.7470 (2013): 167. Web.
7. Mastre, Brian. “EXCLUSIVE: Detective Shares Detail Connecting Omaha Murder to Prolific Serial Killer.” Omaha Breaking News, Weather and Sports. Nebraska News. | WOWT.com, 27 Feb. 2019, www.wowt.com/content/news/Detective-shares-detail-connecting-Omaha-murder-to-prolific-serial-killer-506467391.html.
8. Raine, Adrian, et al. ‘Reduced prefrontal and increased subcortical brain functioning assessed using positron emission tomography in predatory and affective murderers.’ Behavioral sciences & the law 16.3 (1998): 319-332.
9. Tsomo, Karma Lekshe. ‘Compassion, ethics, and neuroscience: Neuroethics through Buddhist eyes.’ Science and engineering ethics 18.3 (2012): 529-537.
10. Waller, and Waller, S. Serial Killers – Philosophy for Everyone : Being and Killing. Malden: Wiley-Blackwell, 2010. Print. Philosophy for Everyone.

Criminal Justice Procedure and Analysis

During colonization, a dehumanizing process of Indigenous people began; the brutal introduction of the new societal norms was accomplished by invading, displacing many families, murder, and rape. Once the first process was complete, an introduction of the new ‘truths’ about the indigenous people formed; this was that they are stupid, lazy, promiscuous, dirty, and so on. The harsh and violent actions also diminished the indigenous peoples’ cultural and spiritual beliefs, many of them then turning to alcohol and drugs as a form of coping. Alternately it caused more violence and deviant behavior, and since crimes that were not before considered illegal now were countless indigenous people were punished by being imprisoned or killed [Atkinsons, Wood (2018)]. Colonization triggered racial segregation, and as they continue treating indigenous people as though they are primitive and fossilized culture. Rather than being able to embrace or cope with these changes, indigenous people are not being given the same opportunities or treated with the same respect as any other living individual. We still see the effects of this trauma and violence being passed down to newer generations. From 1788 to today, violence rates have reflected the incarceration rates, and many other issues are not being adequately acknowledged, confronted, or attended to through state prevention and intervention programs causing many of the indigenous youth to find themselves in trouble with the law repeatedly.

Colonization could not have taken place without racism. Racism allows one person or group to ignore or overpower another person or group and their rights. Racism has enabled many exploitations to take place whether it is depriving a child of an unbiased opportunity for an education or to allow a man, women or child to be used sexually by individual who thinks they have right to do so [Atkinsons, Wood (2018)]. These continual community and economic shortcomings also place Indigenous youth at higher risk of behavioral and environmental health hazards. Many indigenous people are still fighting to have land returned to its original owners, while also struggling with the intergenerational loss and grief associated with colonization. Throughout seven visits to a remote Indigenous community in the Northern Territory, observing the newer generations, they find it hard becoming accustomed to their part in society and what is expected of them due to mental health issues from trauma inherited down from the colonizing process. Mental health problems can help to understand and enlighten how indigenous youth conduct themselves and why they might deviate from the social norms. Other factors also affect indigenous mental and physical health to deteriorate. These factors include drinking and substance misuse; smoking and poor diet contribute also, and since colonizers introduced them, Indigenous people consider them out of their control and do not take responsibility [Chenhall, Senior (2009)].

In conclusion, both sources of information have revealed that the trauma and violence imposed on indigenous people during colonization has had a domino effect on the newer generation and why they make up 95% of our incarcerated youth. In 1989 the first specialized court program was established to focus on the large number of drug-related offenses being recorded by the criminal justice system. Using these specialized programs gave the courts a way to become more involved in the treatment of offenders. Specialized court programs have expanded in both numbers and variety, such as mental health, domestic violence, and family court, through evidence-based treatment. There is no set or specific framework which the programs run by, which is why some are more effective than others; specialized court programs work to promote lawbreaker compliance in a court setting and, eventually, rehabilitation [Kaiser, Holtfreter (2016)]. Meta-analytic techniques have been used to assess drug court programs, which is the only court that has been assessed; this is done by investigative the governing influence of programmatic and non-programmatic characteristics on effectiveness. Both these experiential assessments found that drug court programs have a reasonable effect on reductions in recidivism. Both evaluations recognized the lack of a theoretical framework as a continual challenge for these sorts of programs [Kaiser, Holtfreter (2016)].

Specialized courts offer a person the opportunity to avoid being incarcerated by pledging to an intensive supervised program of substance abuse rehabilitation. These programs can also include random drug testing, regular court appearances, and mandatory support counseling meetings such as 12-step recovery groups [Waldmeir (2018)]. A combination of funding from local and state governments is what the courts and programs receive; some also receive federal funding. Numerous programs rely on non-profits to pay for addiction treatments, also for job and training searches that aid in helping participants stay clean. Many staff donate their time; there are also people trying to get clean themselves who help finance the programs by paying a monthly fee. An on-call team is working around the clock to help addicts get clean and stay clean, the money of local charities and government to help to remove obstacles that kept them stuck in addiction in the first place, such as problems with jobs, housing and family [Waldmeir (2018)].

The disadvantages are there are no clear guidelines or frameworks for a program to follow, so each one is different and may not be as useful for the participants, which can be a waste of valuable funding. The advantages of specialized drug courts are clear as they serve over 120,000 people in the US alone every year. Helping people to get clean and stay clean, which means they have also been successful at decreasing reoffending rates for the participants they support. That kind of outcome defiantly outweighs any of the negatives associated with specialized courts.

Manslaughter is considered a crime, although it is a lesser crime than murder. Manslaughter does not require malice premeditation. Because of this difference, the punishment tends to be much less than the punishment for murder, although punishments for committing manslaughter are still severe. There are two types of manslaughter charges: voluntary and involuntary. Voluntary manslaughter charges may occur when a person who is strongly provoked kills someone else under the heat of passion. For example, when a person kills someone who has hurt his or her child, has found his or her spouse in the act of adultery or under other circumstances defined under the manslaughter statute. Involuntary manslaughter is when someone acts in a criminally careless or reckless way that causes the death of another. This type of charge is more likely in cases involving automotive incidents, such as when a person’s drunk driving results in the death of another person. When using self-defense results in a death, this type of killing is not considered a crime like a manslaughter or murder is.

The justice system recognizes the right of someone to protect himself or herself from harm. In order for self-defense to apply, the defendant must have believed that he or she was in imminent danger of harm and that the degree of force he or she used was reasonably vital to protect his or her safety or that of a third person. Different states have different guidelines regarding the claim of self-defense. Different states impose an obligation to retreat on the defendant in which he or she must first attempt to get away from the source of danger before exerting force in order to assert this defense. Another state will only permit someone not to retreat if he or she was on their way home at the time of the attack. Other factors may be relevant in the application of this defense, such as who was the original aggressor, whether the defendant was engaged in criminal activity at the time that he or she asserts the defense and who intensified the dispute. Another possibility is that someone may commit an accidental killing. He or she cannot be held criminally responsible if the person’s behavior did not rise to a criminal level. However, there may still be civil accountability if the behavior was negligent but not criminally negligent. In this case, a person may be sued for causing the death of someone else [HG.org].

These facts clearly state that there are different categories of manslaughter, which is beneficial for the defendant as they can plead their case. If they were provoked, they would still have a severe but lesser sentence then murder because it was not pre-meditated to cause death to the victim.

References

1. Atkinson, Judy, & Woods, Glenn. (2008). Turning dreams into nightmares and nightmares into dreams. (violence and aboriginal Australians) (Report). Borderlands, 7(2), Borderlands, Oct, 2008, Vol.7(2). Doi: 1447-0810
2. Chenhall, R., & Senior, K. (2009). Those Young People All Crankybella: Indigenous Youth Mental Health and Globalization. International Journal of Mental Health, 38(3), 28-43. Doi: 10.2753
3. Kaiser, K., & Holtfreter, K. (2016). An Integrated Theory of Specialized Court Programs: Using Procedural Justice and Therapeutic Jurisprudence to Promote Offender Compliance and Rehabilitation. Criminal Justice and Behavior, 43(1), 45-62. Doi: 10.1177
4. Patti Waldmeir. (2018). Can drug courts help America get clean? Specialized courts where non-violent offenders avoid jail by agreeing to intensive mentoring and support are winning plaudits. Patti Waldmeir reports on a rare glimmer of hope amid America’s opioid crisis. The Financial Times, p. 16. ISSN: 0307-1766
5. HG.org: When Is It Self-Defense and When Is It Manslaughter. https://www.hg.org/legal-articles/when-is-it-self-defense-and-when-is-it-manslaughter-40325.

The Strictest Form of Probation for Adults in The United States: Informative Essay

Electronic monitoring and parole are an ingrained part of the toolkit of criminal justice, but astoundingly little is known regarding the conditions under which it is effective. Efforts to upsurge the intensity of supervision for crime- and cost-saving aims have produced diverse outcomes at best. This paper will assess the best correctional program to use, along with the best method a correctional officer can use to determine the effectiveness of a program.

Intensive supervision probation or parole (ISP) is an approach that was developed to cope with criminals in society. It is whereby criminals are given a chance to stay in society on the awareness that they are continuously supervised. ISP encompasses expanding the contact frequency between the clients and probation officers, and placing criminals in small caseloads so the probation officers have ample time to spend with clients. Besides, despite the degree of its utilization, parole has gone through image predicaments, mainly a public discernment that it is a ‘soft’ method of punishment for criminal offenders who are very liable to recidivate. In contrast, supervision is an essential feature of parole not only because it is a foundation of programming, but likewise since in a frequently under-funded firm, it may form the only contact between the agency and a client. Thus, it might directly influence the future criminal conduct of a client.

Additionally, if an officer with a caseload of more than one hundred clients does not have sufficient time to spend with one another, she or he might find it hard to create an accurate picture of individuals’ needs in order to target programming most effectively. Supervision should be reduced since the amount of supervision in itself does not appear to be associated with recidivism outcomes. Extra supervision might upsurge the rates of probation violation since offenders are at a higher risk of exposure. The utilization of electronic monitoring ought to be expanded since it ensures that a person remains in a selected place, for instance, home detention structures usually need offenders to be at home throughout the formed hours of curfew hours.

Similarly, by use of tracking systems, the agencies of criminal justice can monitor a person’s location and be notified of any unsanctioned activities. On the other hand, electronic monitoring can be utilized to certify that a person does not enter prohibited areas or contact specific individuals, such as co-offenders, potential victims, or complainants, unlike ISP. Even though ISP is one of the most meticulously examined criminal justice intercessions, the assessments have never been recognized and produced in an organizationally thorough method. The amplified intensity of supervision has no variance to recidivism and inclines to upsurge the degree of technical defilements (that can result in further criminalization or return to jail) because of the amplified surveillance integral in the procedure.

Community correctional officers should conduct thorough research and compare previous studies performed during the last years in order to assess the effectiveness of a program. Besides, relying on gut feeling with no past experiences or information may cause further damage. Research does not only present the challenges one might encounter in a program, but it also makes a person search for ways in which he or she will tackle the challenge and find a solution to the current issue. Being guided by research will produce positive results for both the community and the officer since there will be no room for failure.

The Casey Anthony Case: Summary Essay

In July 2008, a small town in Orlando Florida was rocked by a tragic mystery. After a fight with her parents, Casey Anthony and her young daughter Caylee left home. Caylee would never be seen again. One lengthy investigation later, Caylee’s remains were found in the woods, less than a mile from her past home. Many people cast their suspicion on Casey after alarming evidence was found, making it seem as though she was responsible for the death of her daughter. After an intense six-week trial, the jury decided Casey was not guilty. Although Casey Anthony was proven innocent of the murder of her daughter, Caylee, evidence strongly suggests she is guilty of the horrendous crime.

A parent’s lifestyle can be indicative of how prepared they are for parenthood and how much they care for their children. Casey Anthony’s life full of parties and drinking showed a blatant disregard for Caylee’s well-being. She was completely irresponsible, immature, and not ready to be a mother, which could have encouraged her to kill the three-year-old. It was hard for Casey to accept responsibility for any of her actions, including having a child. Casey refused to tell her family about her pregnancy until she was six months in. Once she did tell them, she also admitted she was not sure who the father was. After Caylee was born, Casey decided to continue living with her parents. More lies and deceit arose throughout their lives. Casey continued to lie about having a job and many other things. She even conned her parents into believing she would walk with her graduating class, even though she had been skipping classes for months. Casey simply was not able to own up to the things she did because her maturity level was not up to par. She was a young, stressed-out mother who was pushed to the edge, possibly close enough to commit murder. Casey was also bad with conflict, and her relationship between her and her parents was extremely tense. Their poor relationship and Casey’s immaturity led to Caylee’s disappearance. After getting into a fight with her mother over her parental capabilities, Casey took her daughter and left the home. Caylee was not seen alive again after this incident. Casey was not able to handle the pressure put on her by her mother and decided the only solution was to run away. This displays her inability to handle her problems and takes responsibility for not only herself but also her child. She did not have the maturity level to raise a child. Knowing this about herself, she could have easily decided that since she could not provide for Caylee, the young girl was better off dead. With nowhere else to go, Casey decided to move in with her boyfriend and his roommates. Each person living there recalled seeing Caylee many times, but after June the frequent visits stopped completely. They also testified saying during her time there Casey was often partying and drinking with them. All of this was going on during the time that she told investigators Caylee had been missing. She repeatedly told the roommates that Caylee was with a babysitter whenever they would ask. Instead of caring for her child and supporting her, Casey spent her nights at bars and clubs with her boyfriend. There are countless photos of Casey drunk and partying when Caylee was nowhere to be found. Casey was a young mother. She was in the middle of her wild teens and early twenties when she had a huge responsibility land in her lap. She simply could not handle it. She grew sick and tired of Caylee getting in the way of her fun and got rid of the distraction for good.

Along with a strong motive for the murder, an alarming amount of evidence was found in Casey Anthony’s car by investigators, helping prove she played a part in Caylee’s death. A huge part of the case against Casey was the unexplainable things found in her impounded car. After her father received a letter saying her car had been towed and was now in a lot, he went to pick it up. When questioned about it, he says that the smell of the car was so strong that it took his breath away, but he assumed it was nothing but the trash in the trunk. Further investigations would later conclude that his worst nightmare was now a reality. Once an air sample was taken around the car, it tested positive for decomposition and had chemicals similar to those that break down human flesh mixed throughout. Furthermore, when a cadaver dog was brought around the car, it was immediately alerted to the trunk. When investigators explored the trunk, they found strong evidence that confirmed their suspicions about Casey. One of the biggest pieces of evidence was a hair sample found in the trunk. The hair that was found had a black band on the root, meaning the hair had rotted off the scalp and the skin was still attached. There is no other explanation for the hair being there. The band only appears on hair from a decomposed body. Casey had no answer as to where the hair came from, but it was evident that Caylee Anthony’s body was stored in the trunk until Casey could dispose of it. The hair was not the only thing that had investigators convinced Casey was guilty. Along with soiled towels, a frightening amount of chloroform was found in the trunk. The substance was so concentrated it was as though she had used it recently. Casey used chloroform to knock Caylee out so she could easily kill her and then stored her in the trunk for days. With remnants of decomposition and evidence of a killing left in a car known to be Casey’s possession during the time of Caylee’s disappearance, there is no way she should have been proven innocent.

As if the contents of her trunk were not enough to indict her, Casey also had some extremely suspicious behavior surrounding Caylee’s death and disappearance. Casey Anthony was extremely dishonest with authorities throughout the entire investigation. She took several days to report her daughter missing. She claimed that the nanny had taken Caylee. However, when the police looked into it, they discovered it did not exist. Casey created a fake nanny to cover her own tracks. Casey’s strange activity did not stop there. When the police investigated her home, they found shocking information. The computer that Casey regularly used had a disturbing search history, including how to make chloroform, neck-breaking, and foolproof suffocation. When Caylee’s body was found, there was duct tape wrapped around the head and neck, leading doctors to believe she was suffocated. It is no mere coincidence that the mother googled the way her daughter would later be killed. Along with the strange search history, authorities found Casey’s diary with interesting entries detailing regret and fear over a big decision. She talks about a big decision she made as though it would get her into trouble. She is worried that in the end, whatever she does will not be worth what happens to her, which could be linked to Caylee’s death. She seems to be talking about her choice to kill Caylee. The little girl was a burden to Casey, and when she finally had enough, she got rid of her. She knows she could potentially get into trouble with the law, but seems happy regardless. Casey was only looking out for herself. She had no emotional attachment to Caylee whatsoever. The only thing she was concerned about was her own safety. A truly good and concerned mother would have been worried about where their young child had disappeared. Casey continually displayed behavior showing that she never cared about Caylee. Even several years after the trial and tragedy, she never grieved the loss of her only child. On many occasions, she was recorded saying inappropriate things about her daughter and her undeserved freedom. She does not express missing her, she pokes fun at what happened. Casey did not care about Caylee, which made it extremely easy to kill her.

Despite receiving a not-guilty verdict from the jury, there is no doubt that Casey Anthony killed her three-year-old daughter Caylee. Casey Anthony simply was not ready for motherhood, she was immature and irresponsible. She did not want or need a child, which led her to kill Caylee. There is plenty of evidence in Casey’s car supporting the fact that she is guilty. There was a concentrated amount of chloroform in her trunk and on rags. They also discovered decomposing hair that was similar to Caylee’s. Her behavior also made the investigators doubt her innocence. She used deceit to try and protect herself. She waited a month to report Caylee missing. Her strange searches on the Internet and inappropriate attitude towards Caylee’s death cast even more suspicion on the young woman. Using everything investigators found, the jury should have been more than sure that Casey Anthony was guilty of murdering her three-year-old daughter.

Criminal Justice Argumentative Essay

Introduction

In this paper, I am going to be explaining how the criminal justice systems can invest back into the people, and therefore preventing crime as well as my stance on the death penalty. The criminal justice system should move away from the ideology of “if a crime has been committed, then there must be a punishment” and more towards getting help for those committing the crime while focusing on ethics. Personally, I do not believe that there should be a death penalty for many reasons. Since the criminal justice system is based on ethics and doing what it right, killing someone for the crime of killing someone (or any other crime) does not service justice.

Reinvesting in the People

Just like any system in the world, the criminal justice system has room for improvement. One way that the criminal justice system can be improved is through investing back into the people who pass through the system. There are many ways tis can be done, one of them being focusing on reasonable bail or release on own recognizance for those who’ve committed minor crimes. Both of these options greatly benefit both the accused as well as society. They allow the accused to leave jail to continue with their normal life until future court dates. It allows them to continue working to support themselves and their family. This is especially important if the person committed a crime to help their family, they would be less likely to commit another crime post trial due to the fact that they are still making money. It breaks the crime cycle. “Even if they don’t get fired from their job they might lose several days’ worth of pay, which can equate to thousands of dollars lost while waiting for trial” (What Are the Benefits Of Bail?). For example, if someone store from a grocery store food for their family, allowing them bail or release will allow them to work and earn money so they don’t have to commit the same crime again.

In addition to bail, the criminal justice system can focus on rehabilitation of those convicted of crimes. Locking people up isn’t always the answer, as it is show by the quote “legal experts are increasingly recognizing that incarceration does little to address the underlying causes of addiction” (Three Types Of Rehabilitation For Offenders). If we want to see changes in people, the criminal justice system needs to acknowledge that those convicted have real problems and need to do their part to help them. This could be either in prison or on an off sight-center that “are often aimed at helping offenders acquire job skills, overcome substance abuse problems, or learn how to deal with common challenges they may face upon release. Some in-prison programs include adult education courses, religious services, mental and physical health programs, language courses, and job skills workshops” which can be the difference between changed individuals and repeat offenders (Three Types Of Rehabilitation For Offenders). If someone committed the crime of drug possession, prisons can work with them to stop their addiction and get them help to where they won’t do drugs in the future.

If I were a prosecutor, I would define justice as punishments for crimes while still helping the person in the wrong, I must get justice for the victim while having sympathy for understanding for the convicted. If I was the prosecutor in Christopher’s case, I would do something similar to what Adam said in the video, which is finding a way Christopher to make up for what he did while teaching him how to be successful in the future. I believe that this would be sufficient as the victim (BestBuy) got most of the stolen computers back and for the ones they couldn’t, Christopher paid them back. BestBuy in the end had no losses. Christopher wins as he learned his lesson while avoiding a criminal record that would follow him the rest of his life and negatively affect it. Society views the criminal justice system as more on their side and is more likely to respect them and not commit crimes. It’s a win all around.

The Death Penalty

The death penalty is often a tricky subject and opinions vary drastically from person to person. Personally, I do not agree with the death penalty. Today, “there are 30 states (as well as the federal government and the military) that allow for the use of the death penalty” (Mallicoat, 2020, pg 229). I see a huge issue in this as someone’s life could be taken away from them because they live in a state that allows the death penalty versus them still being alive in a state that doesn’t have the death penalty. The greatest gift we have ever received is the gift of life, and taking someone else’s life, even by means of punishment, is against nature.

I also have an issue with it from a religion stand point. I don’t believe that anyone should be killing or hurting another person for any reason. By killing that person for justice, the criminal justice system is playing God, which is entirely wrong. In addition, I believe that living out a life sentence in prison would be more of a punishment for the criminal than taking their life away; killing them gives them an escape and most would rather take the death penalty over a life sentence. Also, how does killing someone act as a fair punishment for them possibly killing someone else? The death penalty is equally as wrong as murder outside the criminal justice system.

I do believe that the death penalty constitutes as cruel and unusual punishment. If taking away someone’s life isn’t cruel or unusual, then what is? Nothing is more heinous than killing someone. The 5 ways of capital punishment are lethal injection, hanging, electrocution, lethal gas, and a firing squad. The firing squad “involves strapping the offender into a chair and placing a white cloth over the offender’s heart. Five shooters are armed with rifles, although only four of the weapons are loaded with live ammunition. The cause of death is dramatic blood loss as a result of the rupture of the heart and/or lungs” (Mallicoat, 2020, pg 231). To me, this sounds like something out of a horror movie or something you would see in war, not a way our government handles criminals. Dying by this means could be a very slow and excruciating process.

The next option is hanging which is “designed to occur when the offender is dropped through a trap door causing the person’s body to fall and his or her neck break, resulting in death. However, this method has seen a variety of botched executions, ranging from decapitations to strangulation” (Mallicoat, 2020, pg 232). If a hanging were to go wrong, the criminal could be there until they are strangled to death, which is a terrible, long, slow process no one deserves to go through, no matter the crime they committed.

Next, we have electrocution, which was designed as the more human version of hanging. It is carried out when “death occurs from a high dose of electricity over a 30-seconds period that is administered to the body through electrodes attached to the skull and leg. In some cases, multiple attempts are required to cause death” (Mallicoat, 2020, pg 232). Being electrocuted to death has to been incredibly painful and cause slow, serious damage before the body gives into death.

Legal gas was the next best option as people began to worry about pan during capital punishment. However, is it said in the case of “Fiero v Gomez that the use of cyanide gas was unconstitutional” (Mallicoat, 2020, pg 232). This gas would suffocate the person to death, which would be minutes of burning pain. Lethal inject is what is currently used in most states using the death penalty as it is viewed as the most humane.

Conclusion

In conclusion, the criminal justice system unlike any other, facing challenges never faced before. They must reinvest in society by using bail or reconciliation in order to stop reoffenders as well helping those who need it. The definition of justice cannot be a fixed idea for every person, rather changing for every circumstance. On the contrary, I do not believe in the death penalty for ethical reasons. I don’t believe in killing anyone even for punishment, as well as the methods are unconstitutional. There are other better ways of punishment, and this is the reform the criminal justice system should always be pushing for.

Essay on Net Widening Criminal Justice

Since as early as the 1820s, it is a well-known fact that the sentence of imprisonment and prison system as a whole fails to meet any of its legitimate penological objectives (Garland 1986, p. 863). It is neither an effective form of punishment nor a correction treatment, with no influence on reducing crime or recidivism rates in society. And yet, all over the world, the criminal justice system is adamant in their use of imprisonment as a response to crime, with over 10 million people living in prison cells in 2018 itself (Wagner & Sawyer 2018). This along with census that a large majority of the prison population belongs to the minority groups raises the question, are prisons used as a tool for containing and controlling ‘undesirable’ populations? (Rabuy & Kopf 2015) This essay will focus on Michel Foucault, the French philosopher’s perspective that prison is indeed used to contain and control ‘undesirable’ population, which is the low socio-economic community to him. However, the control of this population is not gained by labelling them as offenders but rather by creating a criminal class within them. The following essay aims to further describe and critically analyse his theoretical perspective by evaluating it and how it connects with other theories in the field.

The History of the Present

Foucault (1977, p.276) holds the unpopular opinion that the prison system is a successful project rather than a failure, as he believed it met the true intended purpose for its creation. He gained this insight by the ‘genealogy of modern punishment’, which means to examine the past, that is the development of penal reforms, to understand the function of present concepts such as the prison. He explains how the shift from the punitive system, that is torturing the criminal to a corrective system, that is curious over understanding the criminality in the offender, came across the 19th century in France (Foucault 1977, p.257). This shift coincided with the time when “spectators of lower classes” began to view the one being publically executed as one of their own, and the executor as the enemy (Foucault 1977, p.263). Foucault (1977) argues that this was a sign for the authorities, which at the moment where upper-class, white men, that the previously submissive population might unite and revolt. And so, the ones in power decided to shift punishment from being conducted in front of the public to behind closed doors, that is the jailhouse, to keep the underclass under control and the aristocrats in the position of power. Foucault (1977) interprets that underneath the proclaimed objective of having a transforming rather than avenging perspective on criminality, hides the true agenda of maintaining political dominance and rather a horrific form of industrial management of the lower and labouring classes (Silver & Miller 2002).

While it is important to note that Foucault’s (1977) recollection of the classical period has been criticised for not being as patchy as he presented them to be (Hudson 2003). The reliability of this Foucauldian view was further strengthened in the 1960s when the African American community – one of the most suppressed minorities of the United States – fought for their civil rights. The prison was used as one of the major tools by the government to contain the Black population and silence their voices to ensure freedom was still within the authority’s hand, according to renowned political prisoner, George Jackson (eds Rosenblatt 1996, p.256).

In other words, the state wants the society to believe only one single truth, the truth that they tell. However, there are many truths to the situations we face today, for example: on the punishment system. And subjugated knowledge of minority groups such as the low-social economic, aboriginals, immigrations, LGBTQ+, playing together is a threat to the people in power. This is why Foucault (1977) explains that disciplines such as prisons are created to ensure the political supremacy is maintained by what theorists refer to as the ‘bourgeoisie’ (Marx & Engels 2002).

Delinquency and Normalisation

The carceral system that is the prison and its operations fabricate a product – delinquents, which Foucault (1977, p.301) argues is the key to conserving dominance over the ‘unwelcomed’. He explains that unlike when one is a criminal, the focus is not so much on the delinquent’s offending act, but rather on their entire life such as their social background (Foucault 1977, p.251). Which meant more information was needed on the delinquent besides the kind of crime he or she committed. This provided the medical bodies of knowledge an opportunity to collaborate with the law and work together (Foucault 1977, p.11). That is, doctors began assisting the state in figuring out objectively how to define offenders, how to punish people according to their alleged dispositions or setbacks.

This may seem like a positive advancement, but one must realise deviance can only be defined after limits for what is ‘normal’ are set. That is, through the Foucauldian lense, this differentiation between an offender and a law-abiding individual creates this medical notion of what is ‘norm’. Criminals, in turn, were classified not by the law, but by how far they were from the norm (Foucault 1977, p. 253). Foucault believes this is destructive for society, as it suggests that those who offend are abnormal and different from the rest of the population. The state implicitly encourages this normalisation process by using society norms to evaluate and categorise us into classes. The ‘criminal class’ is largely in the lower class, due to factors such as their lack of finances, family support, that make them more vulnerable to crime than the upper-class society (Foucault 1977, p.276).

This is hugely beneficial for the state as through this alienation of the ‘criminal class’, a divide is created among the entire working class society, which ensures that they cannot bond together and revolt for their rights. Rather, since it is almost always the poor that are victims of everyday crimes in society, they rely more on the law for justice (Droit 1975). In other words, fear makes the lower class more submissive and willing to accept the state holding power over them (Garland 1991, p.138). Which is why, as Foucault (1977) repeatedly mentions, the state places support on the penal intuition. For a key flaw of prison – the high recidivism rate – he provides the rare insight that the recidivism conditions produced by imprisonment, through the fact that they leave ex-convicts with no skills, and extreme social stigma is rather helpful to the state as it ensures that delinquent class is maintained. And an individual that enters as a one-time offender transforms into a career criminal (Garland 1990, p. 386).

While this Foucauldian theory may seem a bit questionable to some, it is supported by studies that find that prisoners return with more negative attributes from prison than they previously had, for example, drug addiction, which increases their likelihood of committing a crime in future (Easteal 2001, p. 97). Moreover, when these delinquents return into society with illegalities such as drug use or prostitution, they further deteriorate the cohesion in labour class neighbourhoods and families (Foucault 1977, p.268). In other words, the more delinquents are created and released by prisons into the real world, the better for the state to control the ‘undesirable’ population. Foucault goes as far as to claim, in an interview that the existence of the criminal world is “absolutely correlated” with the existence of prisons, and since this was not backed up by any empirical evidence, the claim arguably comes off as an over-exaggeration (Droit 1975).

Surveillance

Foucault (1977) explains that the creation of a delinquent class leads to the authorities knowing who the habitual criminals are and thus makes it easier for them to manage and keep under police surveillance (Garland 1990, p.387). That is, delinquents released into society provide a reason for the state to monitor labour class regions. A modern example of this would be, in the name of “protecting” us from internet paedophiles, legislation was passed that allows the police to read our emails. That is, another way the institution’s ability to create delinquents came to be used as a tool to contain and control the undesirable is surveillance. He uses Bentham’s panopticon as the ideal model for modern disciplinary power, which is one of his most famous metaphors (Foucault 1977, p.200). The concept is that, similar to the panopticon, the general population is unaware of if and when they are being watched, which induces them into a ‘state of conscious and permanent visibility’ (Foucault 1977, p.201). So, they modify their behaviour and produce ‘normal’ behaviour. This way the state is more aware of any working-class strikes or political groups forming in these communities. 

Foucault (1977, p. 233) theories that this kind of surveillance in prison turns criminals, who are power resistance into ‘docile bodies’ who monitor their own self’s behaviour and do not attempt to fight the authority of prison guards. Now that we have truly entered a high surveillance society, where everyone is being watched at every point and their location is within palm’s reach of authorities, Foucault’s (1977) theoretical perspective on surveillance is now, more than ever, useful and relatable. It would be fair to assume that in this modern age, Foucault would generalise the influence of surveillance in creating ‘docile bodies’ to the general population as well, which would act as a political advantage.

Other Theorists: Cohen

Stan Cohen’s (1985) net widening theory is an appropriate follow up to Foucault’s theoretical perception. Cohen explains that since the society and the correctional system are looking for alternatives to imprisonment, they have chosen to take precautionary steps when individuals are found engaging even in the smallest of crimes. That is with the system’s net widening, low-level offenders who wouldn’t have been previously caught are now involved with the penal system. This is similar to Foucault’s argument that the penal system simply increases the criminals in society, rather than decreasing it. Cohen (1985, p.52) identifies that these low-level offenders that would have back in the day simply received a warning with no record tend to younger and female. The female population is the kind of subjugated knowledge that Foucault identifies the upper class, powerful men are afraid of. Additionally, in the last decade both these demographics are frequently found to be revolting against the government’s power over and demanding changes in legislations. For instance, the global climate change strike is being conducted by teenagers and women in different parts of the world are fighting for rights over their own body and uterus.

Foucault would interpret this as, by entering these low-level offenders into the state’s records system early on, the government gets an upper hand as they can begin supervising the activities on these power resistance citizens sooner. And the introduction of youngsters to the judicial system early on means they’re also introduced to the concept of delinquency sooner. That is, net widening is also used as a tool to control communities that are likely to overpower the upper-class men who are in control if they come together.

Evaluation

Michael Foucault comes from a privileged background, with the most elite upbringing, he is very much aware of the power the high-class society holds over the state and the dislike they have for those who do not share the same status and wealth as them (Eribon 1991). However, Foucault being a homosexual in a deeply anti-gay society could relate to the ‘undesirable’ population. He was subjected to a normalising regime that formulated him as a deviant homosexual, first-hand experience with medical imprisonment. So, he is well-aware of how disciplinary institutes such as mental asylums and prisons are used to control and contain the unaccepted groups in society. Which explains why unlike any other sociologists studying punishment before him, he was able to go into a deeper depth regarding certain discursive dimensions of punishment (Garland 1990, p.155).

According to Foucault (1977), the undesirable population is the working-class, which is true to the extent that a large majority of minority groups in different countries live the life of poverty such as Aboriginal people in Australia (Tilbury 2015). However, he fails to explicitly acknowledge and analyse minorities individually. Moreover, he lacks insight or appreciation for female criminality and how it influences the gender power dynamics in prisons (Schwan & Shapiro 2011, p. 46). He simply over generalises his theoretical perspective across all types of prisoners globally (Hudson 2003).

Conclusion

To summarise, Michael Foucault (1977) theorises that prison is indeed used as a tool to contain and control the ‘undesirable’ population, that is the working class. He explains that the penal institute does so by fulfilling its implicit purpose – producing delinquents and thus creating a criminal class. This way the low-class neighbourhood is divided and the upper-class place as the authority is maintained. In other words, according to his theoretical perspective prisons do not control the criminals, as much as they control the working class through techniques such as surveillance and normalisation (Garland 1991, p.138). Overall, Michael Foucault’s theoretical perspective on the penal system, despite having its fair share of flaws, is well respected explored by scholars all across the globe.