Category: Criminal Justice

Prosecution bears the burden of proving that substances of offence are methamphetamine, and its precursor pseudoephedrine, according to three counts of charges against Roberts. To prove these substances, the prosecution requires scientific evidence from a recognized laboratory to test and analyse the chemical composition of these substances lest they are other chemicals not stated in the charges. Hence, scientific evidence will confirm whether substances of offence are methamphetamine and pseudoephedrine, thus rule out any contention regarding the nature of the substances. Furthermore, scientific evidence will prove that each substance of offence weighed above 0.75kg, which is the threshold quantity for commercial purpose. After determining the identity of the substances and their quantity through scientific means, the prosecution needs to inform the jury that these substances are border-controlled drugs as stipulated in Criminal Code Act 1995, under s314.4.

To prove that Roberts had the drugs, prosecution needs to link Roberts with drugs in containers. In this case, prosecution needs to provide circumstantial evidence to prove beyond a reasonable doubt that containers that contained drugs were his luggage. To convince and persuade the jury to confirm charges against Roberts, prosecution should present transit records, which link Roberts to containers and demonstrate that containers were in transit to a certain destination. The transit records will not only link Roberts to the containers containing drugs, but also prove that he was transporting them to a specified destination, which is tantamount to importation of border-controlled drugs. Leader-Elliot argues that, prosecution has both persuasive and evidential burdens as criminal responsibilities of proving faulty and physical elements of an offence (5). Thus, through circumstantial evidence, prosecution will provide sufficient evidence that will enable the jury to understand circumstances under which Roberts contravened the law by importing border-controlled drugs in commercial quantity.

Since it is difficult to prove that Roberts intentionally imported the drugs, the prosecution needs reliable evidence that will prove beyond a reasonable doubt he was truly importing or intending to import the drugs in question. This proof is essential because Roberts might have been unaware that the substances he was importing were border-controlled drugs. Therefore, to prove that Roberts was aware that the drugs he was transporting were border-controlled drugs, prosecution requires a reliable witness who witnessed seizure of contraband drugs. In this case, potential witness can be a clearing officer who examined the contraband containers and questioned Roberts if it were his luggage. If Roberts attempted to bribe, or bribed clearing officer, so that his luggage could pass the clearance point, then it implies that he was aware that his luggage contained border-controlled drugs, which he intended to import to a given destination. According to Leader-Elliot, prosecution must prove that a defendant intended to import a given drug and prove recklessness to establish whether a defendant was aware of substantial risk posed by possession of border-controlled drugs (8). Thus, a witness is going to provide substantial evidence that will enable the jury to confirm charges against Roberts.

To corroborate scientific, circumstantial and witness evidences, the prosecution needs to examine financial transactions of Roberts to prove that he was truly trafficking dangerous drugs according to the third count of charges. Hence, forensic account is necessary to scrutinize Roberts accounts by examining his financial transactions. The essence of forensic examination is to find out if Roberts financial accounts have any transactions with foreign accounts or dummy companies, which have probable link with drug traffickers. In this case, prosecution evidence must prove beyond any reasonable doubt that forensic evidence of money transactions that are in Roberts accounts links him to other international drug traffickers. Practically, forensic analysis must demonstrate that Roberts accounts have several transactions with foreign accounts without legal business transactions to prove transfer of funds because, Roberts may be having international businesses that he conducts using his accounts. Moreover, forensic study needs to differentiate his legal and illegal business transactions for the jury to make a fair judgement of the case.

The jury is in a position to understand prosecution evidence fully because, the prosecution has used varied and credible evidences to support charges against Roberts. Regarding the first and the second count, prosecution has provided potential evidence to the jury in terms of scientific, circumstantial, witness, and forensic examination of financial transactions. Scientific evidence from laboratory analysis shows that the substance of the offence was chemically methamphetamine and its precursor pseudoephedrine. The chemical composition of substances of offence should be indisputable in order to provide the basis for charging Roberts as per the charges. Moreover, scientific evidence ascertained that the drugs were more than 0.75kg, which is a threshold weight of determining commercial quantity of drugs. Thus, scientific evidence provided chemical identity and quantity of the drugs, hence confirming the charges that the substances were border-controlled drugs and were in commercial quantity.

Furthermore, prosecution provided circumstantial evidence that undoubtedly links Roberts to containers containing the drugs as transit records are credible exhibits. With regard to intention to import and recklessness, the witness confirmed that Roberts was aware of contraband drugs in his luggage as he attempted to bribe his way out of clearance. On the third account, forensic examination of his accounts confirms that Roberts was trafficking dangerous drugs since he had numerous transactions with foreign accounts that are not part of his legal business. Thus, the jury is in a position to discharge its duty properly since, prosecution has provided compelling evidence that warrants confirmation of charges despite the fact that Roberts did not make any admissions.

The society does not need to consider alternative to the jury system in this case because drug trafficking is a serious offence that has immense significance to the nation. According to Department of Justice, drug trafficking is a serious criminal offence that fall in the category of murder, burglary and assault, which are effectively dealt under criminal law because they are offences against community (7). Legally, such offences are indictable, and therefore, require determination by a jury system. Given criminal nature of drug trafficking, jury system has the capacity to assess charges and give fair verdict that reflects different opinions of judges rather than a verdict issued by a single judge who is prone to biases and external influences.

For the jury to understand prosecution evidence, I suggest that the prosecution should present background information of Roberts in terms of his businesses and business collaborates so that the jury can get a glimpse of Roberts influence as international businessperson. Background information is critical because it forms the basis of understanding Roberts as either potentially innocent or guilty of committing criminal offences of drug trafficking. Moreover, prosecution needs to provide scientific evidence from credible laboratory and use credible witnesses who have firsthand information regarding contraband drugs. Credibility of evidence is going to give the jury confidence in analysing incriminating evidence and subsequently issuing a verdict because evidences are comprehensible.

Works Cited

Department of Justice. Western Australias Court System: Student Resource Book. The Government of Western Australia, 2001: 1-59.

Leader-Elliot, Ian. Elements of Liability in Commonwealth Criminal Code. AIJA Magistrates Conference, 2001: 1-16.

Binswanger, I. A., Nguyen, A. P., Morenoff, J. D., Xu, S., & Harding, D. J. (2020). The association of criminal justice supervision setting with overdose mortality: A longitudinal cohort study.Addiction, 115(12), 2329-2338. Web.

In this article, the role of criminal justice supervision is viewed as a potentially significant factor in reducing the death rate of prisoners from an overdose, including synthetic opioids as dangerous substances gaining popularity. Based on the results of the study, about 15% of prison deaths were due to overdoses. The findings prove that control through the provision of harm reduction and treatment services to the target public is an important initiative to prevent mortality.

This article is important to my research work as a resource that offers relevant statistics on deaths in American correctional facilities. In addition, the role of the criminal justice system is viewed from the perspective of assistance rather than punishment, which is also a significant incentive to promote efficient preventive practices. The findings can be utilized to prove the value of targeted activities to reduce the use of dangerous synthetic drugs in populations at risk.

Collins, M. (2021). Synthetic cannabinomimetics: A brief history and the challenges they pose for the forensic chemist.Australian Journal of Chemistry, 74(6), 405-415. Web.

The authors describe the history of the appearance of synthetic drugs in the illegal market and mention the difficulties that forensic chemists have faced in identifying the compounds of illicit substances. In particular, to identify the composition of new drugs that began to be produced in large quantities, criminologists needed special spectrometers, which were in short supply in many laboratories. As a result, the massive hit of synthetic drugs in the market was a challenge for forensic chemists due to problems in identifying the composition of these substances and, therefore, their legality.

When applied to my research work, this article offers a valuable rationale in support of the difficulty of bans on synthetic drugs. Arguments about ever-changing formulations can be utilized usefully as justification for the complex work that forensic chemists face. The findings also highlight the unique problems associated with synthetic drugs, particularly the ever-changing composition and the inability to control new formulas due to the lack of equipment.

Maxwell, J. C. (2018). The changing face of synthetic cannabinoids in Texas.Journal of Psychoactive Drugs, 50(4), 281-286. Web.

The key purpose of this study is to examine changes in the dynamics of synthetic cannabinoid use by Texas residents from 2009 to 2016. One of the main findings is identifying relevant trends from a demographic perspective, and the Hispanic and Latino males are the population with the most frequent use of this type of drug. Compared to 2011, the situation worsened in 2016, but in 2014, the indicators of the medical outcomes of synthetic substances use were the highest and most alarming.

For my research, this article can be used as a valuable resource containing accurate statistics for a specific region. In addition, the analysis of demographic variables reinforces the practical value of the work done, and these findings can be included in the discussion of vulnerable populations. The medical effects of substance abuse, which are also described in the article, can be cited as crucial health impacts.

Miller, J. M., Stogner, J. M., Miller, B. L., & Blough, S. (2018). Exploring synthetic heroin: Accounts of acetyl fentanyl use from a sample of dually diagnosed drug offenders.Drug and Alcohol Review, 37(1), 121-127. Web.

This study evaluates the destructive nature of acetyl fentanyl as a dangerous synthetic drug causing numerous deaths in the United States and abroad. Through interviews with inmates of one of the American prisons, the authors identify trends in the use of this substance and motives. An important finding is that in most cases, drug addicts were unaware that the drug they were using was of a synthetic nature, which, in turn, increased health risks.

The value of the article in relation to my research lies in an opportunity to expand the knowledge about the threat of synthetic drugs and how they are distributed. Criminal justice representatives should pay attention to the control over the sale of this illegal drug since the interviewed participants confirmed its danger. The case for increased supervision of the illicit marketing of acetyl fentanyl can also be included in the research paper.

Ravisankar, P., Rao, P. R., Babu, P. S., Srikanth, D., Reddy, C. V., Deepthi, O. V., & Divya, G. (2018). The latest statistical report of the global synthetic drugs. Indian Journal of Research in Pharmacy and Biotechnology, 6(2), 59-64.

This study offers extensive findings on global synthetic drug use statistics. The authors evaluate the reports of different countries on the dynamics of the increase in the number of addicts and divide the population in accordance with specific criteria, particularly nationality and gender. One of the main outcomes of the work done is identifying the total number of synthetic drug addicts, which is important information for the criminal justice field.

With regard to my research, the proposed statistics may help prove the idea of a significant threat that synthetic drugs pose. The data from individual countries can be collated to identify regions at risk and assess local activities to prevent the illicit spread of these substances. The efforts of global health agencies can also be cited as important additions to the assessment of the problem.

Roman-Urrestarazu, A., Yang, J., Robertson, R., McCallum, A., Gray, C., McKee, M., & Middleton, J. (2019). Brexit threatens the UKs ability to tackle illicit drugs and organised crime: What needs to happen now?Health Policy, 123(6), 521-525. Web.

The authors examine the political restraints that prevent representatives of criminal justice from controlling the sale of illegal substances, including synthetic drugs. The main emphasis is on the UK and Brexit as a process that distracts from effective work in this direction and complicates the interaction of British medical institutions with European ones. The findings suggest that the end of this collaboration may negatively impact synthetic drug control in the UK.

The arguments from this study can be used in my work as evidence that sustainable interaction between the criminal justice and healthcare systems is necessary. Moreover, the arguments for political participation in drug regulation should be included to analyze what measures to address the issue may be taken at the national level. Control mechanisms will be presented as multi-vector activities in which different stakeholders are involved.

Smith, K. E., Bunting, A. M., Staton, M., Walker, R., Shalash, S., Winston, E., & Pangburn, K. (2017). Examination of synthetic cannabinoid and cathinone use among a drug-using offender sample, 2013-2015.Journal of Psychoactive Drugs, 49(5), 436-445. Web.

The article offers the analysis of the use of synthetic drugs by addicts from the perspective of changes in this indicator in the period from 2013 to 2015. According to the study, those drug addicts who used synthetic substances confirmed a higher dependence and frequency of use, in contrast to those who did not use such drugs. The authors emphasize the importance of adequate measures to control the trafficking of such substances to reduce mortality and negative health outcomes of the population.

The breadth of statistics and the exact dynamics of cases are critical criteria to mention in my work. In addition, the practical relevance of my research paper can be enhanced due to temporal correlations that support deterioration in health outcomes caused by persistent synthetic drug use. This article is an important source demonstrating the relevance of the work of preventive services and criminal justice representatives.

Smith, K. E., & Staton, M. (2019). Synthetic cannabinoid use among a sample of individuals enrolled in community-based recovery programs: Are synthetic cannabinoids actually preferred to other drugs?Substance Abuse, 40(2), 160-169. Web.

The articles goal is to determine the dynamics of the use of synthetic drugs among citizens participating in several community rehabilitation programs. The key findings relate to confirmed correlations between the use of these drugs and criminal behavior manifestations. However, the authors argue that drugs of this nature are not preferred by those surveyed during the study due to their severe health and life-threatening effects.

I can use the findings of this article in my research to show that synthetic drugs are dangerous substances that can stimulate criminal behaviors and be addictive. The arguments about their destructive nature may also be included in the discussion to highlight health risks. Proposals to criminal justice representatives can be made about the need for careful control over the illicit trafficking of these drugs.

Introduction

California has passed a bill to reduce the number of prisons. The state considers this a big step towards serious judicial reform, because the number of people in custody will decrease. My research question is to find out how this Realignment was a viable remedy to the California prison system overcrowding. We should care about the question because overcrowding in places of detention is a serious humanitarian problem. Such conditions restrict the rights and freedoms of prisoners. They increase the potential for conflict situations and circumstances that can lead to destabilization of the operational situation inside correctional institutions.

It is important to know the answer to decide whether to apply prison reductions in regions where the problem of overcrowding is particularly sensitive. The confirmation or refutation of the effectiveness of the mechanism used in California depends on its further application to solve an acute problem. When investigating the similar research question previous scholars have found that the reform used in California has serious drawbacks. In particular, when the area of detention was reduced, there was no significant reduction in crime.

The basic themes I use as headings in my literature review area are the humanity of prison reductions, the consequences of reforming the penitentiary system and access to justice. The current research is missing research regarding the assessment of how the implementation of the prison system reform program takes into account the needs of society. In this paper, I will use empirical research methods, namely the study of scientific research and the analysis of the information received. This proposed study will advance knowledge and fill holes in the current research record by focusing on the new aspect of the problem. Instead of using the number of prisoners per square meter as indicators of overpopulation, the conditions of detention will serve as a guideline in this work.

Literature Review

Intro

The independent variable in this research is the number of prisons. The two dependent variables are the number of prisoners and their conditions of detention. The existing research says that there are currently six prison facilities in California. Moreover, according to researchers, there are 9 prisoners per one employee of the penitentiary system in California (Bartos and Kubrin 2018). In addition, according to the report, California is among the five states with the highest proportion of female prisoners (Bird, Nguyen, and Grattet 2021). Researchers claim that this is a special group of prisoners who need certain conditions.

The existing experience of reducing the number of prisons in California is of some interest to researchers. The three trends in the research record are primarily a discussion of the humanity of keeping prisoners in new conditions. The articles attempt to study a number of humanitarian problems of the detention of citizens of California (Bird, Nguyen, and Grattet 2021). Also, existing studies discuss the consequences of reforming the penitentiary system both for the prisoners themselves and for society (Lin 2018). The third trend that can be noticed in research is the raising of the issue of methods for reducing prisoners (Grattet, Bird, and Nguyen 2017). The authors are concerned about the associated reduction in access to justice.

Humanity of Prison Reductions

The gaps in the current state of knowledge related to this research question are connected with the fact that numerical values are usually provided in research. For example, overcrowding in California prisons is proved by calculating the population density or the number of employees per inmate (Bartos and Kubrin 2018). However, the studies do not use comparisons of the compliance of the content of the execution of punishment with international standards in this area. The deterioration of the order of serving sentences for California convicts is not determined by the conditions of their imprisonment. The worsening of the medical and sanitary and material support of convicts mentioned in the studies is brief and insignificant (Bartos and Kubrin 2018). They are not described in sufficient detail and are mainly presented in the form of numerical values.

The sources of uncertainty are the criteria by which it is necessary to determine the humanitarian well-being of prisoners. With the reduction in the number of prisons in California, the number of people per institution has increased (Bird, Nguyen, and Grattet 2021). However, scientists cannot come to a consensus on how much should be spent on food and personal belongings of prisoners per month (Welsh 2019). There are also disagreements about the area of the cell and the location of the beds (Bird, Nguyen, and Grattet 2021). In addition, there are different points of view regarding the need to take into account the psychological state of prisoners (Grattet, Bird, and Nguyen 2017). Any discrimination can become one of the criteria for increased density.

Consequences of Reforming the Penitentiary System

It is known that reducing the number of prison buildings is not equivalent to reducing the number of persons serving a criminal sentence. However, it has not yet been fully investigated how the reform affected prisoners. The opinions of scientists were divided as to how the changes affected compliance with international penitentiary standards (Welsh 2019). The list of problems faced by the California penitentiary system is not fully defined (Bartos and Kubrin 2018). There is a normative consolidation of the rights of prisoners, but the possibility of practical implementation and protection of the rights and legitimate interests of convicts remains unclear.

The sources of disagreement are the assessment of the problems of ensuring the conditions of serving sentences in California correctional institutions and ways to solve them. Some scientists are not sure that the problems that have arisen in the execution of custodial sentences face the same problems (Grattet, Bird, and Nguyen 2017). Some researchers believe that as a result of the reform, the conditions of detention have ceased to comply with the normative ones (Lin 2018). Other scientists tend to think that California prisons have strict conditions of detention, but do not violate international norms (Bird, Nguyen, and Grattet 2021). Therefore, there is a certain interest in the organization of ensuring the regime and safety of prisoners in California prisons from the point of view of the prisoners themselves.

Access to Justice

Scientists agree that it is possible to avoid overcrowding in prisons in conditions of a reduction in their number only with a decrease in the crime rate. However, it is not known which mechanisms to achieve this goal will be really effective. Some researchers advocate the humanization and improvement of criminal legislation (Bartos and Kubrin 2018). Other scientists see the threat that the introduction of forced labor instead of imprisonment will lead to the opposite effect (Welsh 2019). Mitigation of punishment may cause an increase in motivation to commit criminally punishable crimes. Eventually, this will lead to overcrowding of prisons.

Experts disagreed: some believe that the decrease in the number of people in prison is not due to a decrease in the growth of crime. They support the policy of consistent humanization of criminal penalties implemented in California (Bartos and Kubrin 2018). Other researchers fear an increase in violent crimes associated with mitigation of punishment (Bird, Nguyen, and Grattet 2021). They claim that there are no fewer offenders, punishments have become less severe. The number of convicts in the colonies is getting smaller, but the number of persons registered with the criminal executive inspections is increasing. Thus, it is not fully understood how the liberalization of penal enforcement policy affects the number of prisoners in California.

Summary

The research proposal of this paper aims to study the conditions of detention of prisoners in California prisons in order to compare them with established international standards. The data specified in the official documentation will be taken as the criterion of the prison overcrowding. Crime statistics will also be compared before and after the implementation of the reform in California. Based on statistics, a potential increase in the level of crimes in the future will be predicted using a special computer program.

Methodology

Independent data  the number of prisons  will be needed after calculating the further increase in crimes according to statistics. Dividing them by the number of prisons, it will be possible to predict the possibility of overpopulation of California prisons in the near future. Dependent variables  the conditions of detention of prisoners and their number  will be used to determine the compliance of imprisonment in California with international standards. Indicators such as the area of residential premises, as well as the presence of conditions of detention that may cause discrimination, will be considered.

To collect data, I plan to use various international documents containing standards for the detention of prisoners. I will also use crime data published on the official websites of California and state executive agencies. In order to collect information about the conditions of detention, it seems to me important to pay attention to the testimony of the prisoners themselves, so I will use interviews with them. I will mainly turn to video interviews to pay attention not only to verbal, but also to non-verbal signals. In addition, in this way I will be able to give an approximate external description of the prisoners condition. Accordingly, if there are signs of obvious physical and mental distress, it will be possible to assert non-compliance with the standards of detention, which in most cases arise as a result of overcrowding in prisons.

I have a research hypothesis about the nature and direction of the relationship between my independent and dependent variables. I think that by dividing the number of criminals by the number of prisons in California, I can calculate their occupancy. Further, to obtain the value of another variable  the conditions of detention  it is necessary to use numerical values of the area of premises in the building, the number of employees, funding per prisoner.

I do not have sufficient psychological knowledge to conduct a survey with prisoners. Some of them may intentionally describe the conditions of detention as unbearable in order to shorten their time in places of restriction of freedom. Therefore, it seems to me more appropriate to analyze existing interviews with California prisoners recorded on video. Thus, it will be possible, based on the behavior of the convict, to determine whether he is experiencing psychological or physical discomfort, indicating violations of the conditions of detention and overpopulation. This study is a trend, since the signs of improper conditions of detention appear quite quickly and persist for a long time.

Findings

Official statistics show that the number of prisoners in California colonies has significantly decreased and has become minimal. However, crime rates have not decreased: they continue to grow. Many crimes have been decriminalized, which has caused an increase in their commission. Instead of imprisonment, criminals are punished with compulsory, correctional and forced labor. The area of the prison divided by the number of prisoners obtained according to statistics is less than the values prescribed by international standards. Prisoners in interviews have signs of uncomfortable confinement, such as excessive thinness, dark circles under the eyes, strangled speech and monosyllabic answers.

Discussion

The findings obtained confirm the hypothesis that the unsatisfactory physical and mental condition of prisoners indicates a violation of conditions of detention and overpopulation. Statistics show that, indeed, the replacement of imprisonment with more lenient punishments has not solved the problem of overcrowding in prisons. On the contrary, the system proved to be ineffective, as the number of more serious crimes increased. The appearance of the prisoners showed that they lacked the allocated funding, and the conditions of detention did not correspond to satisfactory. Thus, the reform of the prison system in California has shown itself to be an ineffective way to combat the problem of overcrowding in prisons. The reduction in the number of prisons has only exacerbated the existing problem, even despite the introduction of legislative initiatives to mitigate penalties.

Conclusion

The decrease in the number of prisons in California did not lead to a solution to the problem of overpopulation, since it did not affect the cause of the problem, but only its result. First of all, it is necessary to pay attention to preventive work. The root of most crimes should be sought in economic and social inequality, which leads to the marginalization of society. The majority of prisoners around the world end up in prison from socially disadvantaged families. Often such people live in conditions of poverty, illiteracy, unemployment, which in turn contributes to the destruction of families, the narcosis of society and alcohol abuse. Conducting a fair social policy and receiving public support for people below the poverty line in California would be more effective, since they would affect the cause of the problem, not its result.

References

Bartos, Bradley, and Charis Kubrin. 2018.  Can We Downsize Our Prisons and Jails Without Compromising Public Safety: Findings from Californias Prop 47. Criminology and Public Policy 17 (3): 693-715.

Bird, Mia, Viet Nguyen, and Ryken Grattet. 2021.  Realignment and Recidivism Revisited: A Closer Look at the Effects of Californias Historic Correctional Reform on Recidivism Outcomes. Criminal Justice Policy Review 665 (1): 177-196.

Grattet, Ryken, Mia Bird, and Viet Nguyen. 2017.  California Jails under Realignment and Proposition 47. California Journal of Politics and Policy 9 (3): 1-15.

Lin, Jeffrey. 2018.  The Diversity of Decarceration: Examining First-Year County Realignment Spending in California. Criminal Justice Policy Review 29 (8): 242-246.

Welsh, Megan. 2019.  How Formerly Incarcerated Women Confront the Limits of Caring and the Burdens of Control Amid Californias Carceral Realignment. Feminist Criminology 14 (1): 89-114.

Introduction

The applications and skills stemming from brain science studies are starting to make an allowance for an increasingly newest understanding of the function of the human brain. The developments in neuroscience are continuing at a rapid rate and the legal and ethical suggestions are just starting to be measured. In 2002, the study reported that the connection between human behaviors and however, the public debate concerning genetic examination and its wide social implication overshadows that provided to modern technology and neuroscience. Neuroscience brings about several issues with regard to some central elements of the law. These core elements include free will, competency, and origin of violent act.

Some neuroscientific information starts to create somebody to be uneasy when using this sort of logic. Neuroscientists have reported that people who experience brain lesions in particular sections of their brains, particularly the prefrontal cortex, can commit ethically liable behaviors that would have been greatly out of character before they acquired brain damage. More challenging is evidence that most people are born with lesser PFCs or with other genetic or structural deficits which influence them to commit various unlawful activities. The question arises about if these people should be responsible for their behaviors, if they should be punished for their offenses, or if their brains dictate their actions. But actually, even the sort of determinism that emerges from physics is adequate to bring about issues concerning the strength of a retributive arrangement of justice.

Neuroscientific evidence creates these facts clear but inserts no actual information into the philosophical debate of free will. If people have enough knowledge about the available justice system as being premised on the perception of putting off crime instead of punishing the responsible, people can create complete sense and application of this contemporary neuroscientific information or analysis.

Neuroscience and the Future of Justice

Several studies have recognized the illogicality of determinism and free will. It makes sure that the advancements in science are improbable to eliminate peoples idea of free will because the suggestion of free will is a feeble belief. This also means that by pointing out the issues with the idea now, upcoming advancements will be unlikely to be able to surprise the people.

Neuroscience and Juvenile Rehabilitation

An increasing acknowledgment for the way the mind functions has uncovered major philosophical concerns in juvenile justice and the issues over whether juveniles must be considered grown-ups. Yet, instead of being a negative force to weak perceptions, these developments in neuroscience have called for an attentive review of such issues, resulting in an effective and more precise knowledge of the minds of teenagers. Likewise, these new insights contribute useful functions in their application to issues of juvenile crime behaviors. Identification of several factors that affect teenagers minds helps create constructive philosophies such as compensation and rehabilitation, establishing a growing sense of responsibility in young criminals for their activities so that they could grab the sense of action that the society has advanced to treasure.

Psychopathy and Criminal Responsibility

Psychopaths can distinguish between wrong and right, although emotionally have no sense of wrong and right. Psychopaths are different from people experiencing mental disorders since people with mental disorders may possess the impaired cognitive ability, but psychopaths have the required knowledge to identify those specific activities that are in opposition to the law or infringe social rules. Nevertheless, though they can create judgments concerning moral or legal violations, they appear to have a short of an essential factor that inspires people to conduct themselves morally. Therefore, neuroscience techniques can be used to evaluate the issues which are possessed by psychopaths relative to the law and social norms. Some studies give practical support for the latest techniques to be applied.

Critical psychopaths are not morally responsible or do not worth any punishment and fault since they do not have the required knowledge to identify the point of morality. They also lack a sense of right and wrong, and the ability to have moral rationality and knowledge. Therefore, it is very important for criminal law to apply an increasing neuroscientific and psychological fact that emotional ability is an essential aspect for interpreting truthful understanding concerning wrong and right into moral conduct. Criminal law should consider that psychopaths have some shortages mainly in this field and mental disorder classification of non-responsibility defense must take in the psychopath.

Monitoring and Imaging the Brain

The application of technologies for imaging and examining the human brain brings about a wide range of concerns, from brain loss to the conducts prediction. While imaging advancements go on to grow, neuroscientists are considering even more fine-grained images of brain activity, generating an important sense of the activities that occur in peoples brains as they execute jobs, undergo emotion, and participate in different behaviors. While this information can benefit the people by allowing them to understand the biological mind on how it functions, people must be responsive to the connected risks that they will abuse such information or be directed by it to depend too much on deterministic discussions. Some topics that are connected with the above issue will be discussed, which include prediction of violence, prediction of behavior, lie detection, and competencies and capacities.

Prediction of Behavior

Definitely, if a particular subject takes the sense of risk and promise from neuroscience, the capacity of predicting human action is it. The viewpoint of several neuroscientists is that expressive biology of behavior will be accessible in the future and is probably to integrate both neuroscientific and genetic understanding. However, predictive biology has not yet been established, but the enhancements in the neuroscientific understanding will certainly consider predictive capacity than what the people can attain in this environment. It is not important for predictive technologies to be entirely correct so that they can be applied in court sessions. Courts are applying a prediction system in plea bargaining, judgments, and ruling regarding the degree of probation and other events. In all these instances, the courts should evaluate future risks, including the possibility of recidivism against community and realistic issues. These issues include prison overcrowding and as a result, to the degree, that science can effectively notify those predictions, neuroscience has great assistance to the court proceedings.

When reflecting on the prediction of human behavior derived from neuroscientific methods, debate regularly turns primarily toward the association among advancing the neuroscientific understanding, legal function, and free will. In brief, as neuroscience discloses more concerning the brain, it turns out as increasingly clear that the brain is a physical issue regarding legal function or responsibility. Most people believed that neuroscience is very improbable to turn eventually over the idea of free will or individual responsibility in the framework of the law since responsibility is not a scientific creation, but a communal construct. Some points were provided to support this issue.

Some critics claimed that the idea of responsibility originates from observations concerning the capability of straightforward, deterministic, and rule-based arrangements to study upgraded guidelines and behaviors. As a community, people are expected to understand and follow such rules and behaviors, and other people considered that this biology of the brain contributes greatly in turning people to be creative and in turning people to believe that there should be responsiveness.

Some people agreed that humans consider themselves as a rational being and are directed and aggravated by reason. Since there is no other option for human beings to get outside peoples insight of themselves as rational creatures because of the manner they are constructed, they will go on to act and relate as if they are rational and to base conclusions concerning responsibility on their idea of, and belief in, rationality, even though they are fully determined. As a result, the available laws and rules will consider the knowledge of people as rational performers.

Other critics established that the concept of free will is improbable to be ignored, but considered that it was still likely for advancements in neuroscience to have considerable influence on the idea of responsibility. Rationality is not definite or understood and neuroscience might eventually contribute greatly in supporting understanding the creation of rationality itself. It is also considered that the biggest influence of neuroscience on the idea of responsibility and free will be experienced not in exculpatory approaches, but mitigation and insight of risk. The mitigation can be considered being completely responsible due to the brain. While the insight of risk states that a person has an ability to follow the law, but his brain would not allow him, hence he may be a risk to society. The topic concerning responsibility and free will may continue for a long time. In any case, it appears clear that courts will go on to reflect on methods and technologies to predict behavior in their judgments or sentencing.

Courts, since they should provide judgments in an appropriate manner, are pushed to apply any rational device that could offer promising conclusions on the issue in sight. Hence, a risk occurs that predictive decisions will be derived from partial science. Moreover, the prediction based on neuroscience techniques can be provided excessive power similar to scientific predictions when they can already undergo the typical issues inbuilt in the latest risk prediction representations. These include unfairness in choosing people for the team to which others are judged and dependability or validity matters in the prediction itself. It also includes the incapacity of a predictive measure to inform the people about a certain person, but just inform the people, probabilistically, concerning the team to which the person fits in.

The use of incomplete or faulty science, or the dependence on scientific predictions farther than what the science is intended to sustain, are precisely the sorts of issues that must be primary in the peoples mind when considering the possible social influence of predictive technologies or methods. It is not only when presenting judgments or sentences that prediction would have an influence, but also in educational institutions, government examination, health care facilities, jobs, and in other approaches that would hinder application by the court structure. The possibility to judge and discriminate because of the test outcomes might bring about a considerable destructive impact. These issues oppose the latest discussion about genetics and some people believe that public discussions about genetics can light up promises and drawbacks that might come with a better understanding of the human brain.

Predicting Violence

The host of potential predictions could be pleasing, such as the personal trend to be truthful or compliance to follow rules and laws, the possibility for violence is very important to be measured. Prediction of violence has since been the theme of many neuroscience studies and is likely to go on to take sciences attention, along with the legal system. The above explanation about the prediction of behavior is openly applicable to the prediction of violence and is a predictive technique probably both to have marvelous utility and to have a high risk of abuse. It is probably to cut the two approaches in criminal law: in mitigation and in making somebody being influenced to commit violence. As violent conduct is likely by no means to be predicted with full assurance, the possibility that methods will be created to differentiate those possible, or even almost possible, to retort with violence appears high enough that such methods should be measured for future studies and public debates.

Another issue is potential preventive applications of violent behavior or inclination to violence. Usually, in the legal system, people are punished according to their behavior, not on tendencies or thoughts they possess, which should be followed when making decisions. The concept of enforcing treatment, or even creating conclusions concerning the profession, derived from various test outcomes, and in the nonexistence of previous violent conduct, opposes this central significance of the legal system.

Certainly, not all the potential approaches wherein predictions of violence-proneness might be applied are destructive. For instance, in screening individuals whose occupations need them to tackle violence, and sometimes to react with violence, for instance, employees of the law enforcement agency and military, these analyzes can be very important. This could be taken as recognizing violence-eligible people in society.

Competencies and Capacities

Although it may not be directly evident, establishing if somebody operates in a lawfully effective or binding manner, possibly to approve a binding contract, provide conclusions concerning someones medical treatment, or administer someones issues, share various connections to the prediction of behavior. Both analyzes may have an impact on the ways people reflect on a persons legal responsibility for his or her behavior. Concerning an individuals ability to act, people may search for the diminished capability to do anything which the law assigns or wants and then either discharge the person from legal responsibility or stop him or her from applying an option. Generally, the law considers that adults can conduct themselves in a way that contains legal consequences. Progresses in understanding memory developments and connection of neurological to genetics role can support to create of responsive and accurate techniques of determining competencies, in particular when coupled with developments in neuroimaging. Additionally, advanced medications produced for the cure of memory disorders can contribute greatly in the future in competencies problems through providing treatment to support in discovering or protecting competency.

Neuroscientific Lie Detection

The field of examining and imaging the brain with immediate apparent value is the advancement of lie detection based on neuroscience and various methods are being discovered to support these techniques. However, the neuroscientists proposed that the present methods are not derived from a clear neuroscientists knowledge of the incident or experience of lying. The short of any essential consistent academic framework signifies that the existing work depends only on tests linking brain activity with the incident of lying, basically shooting in the dark.

The major challenge experienced by accurate lie detection is what is called the problem of memory and most modern approaches should be addressed to prevent any obstacle faced during this process. While it appears probably that methods could be produced to detect when somebody is deliberately lying, many studies stated distrust that someone might simply detect when somebody is only mistaken, that is to say, when somebody is instinctively saying the truth, but is factually incorrect. While this condition can be a challenge that will be overpowered in the future, scientists observed it as a considerable issue, which is common to several scientific techniques to lie detection.

Even if there is the presence of 100% accurate lie detection, two legal matters are definitely significant. These issues are the responsibility of the jury and obligatory examining of witnesses for genuineness. The assessment of witnesses and the reliability and power of the evidence are subjects for the jury and by permitting the scientific evidence; the court may be attacking the role of the jury. At least, there are concerns regarding whether this evidence possesses unnecessary impact or affects the judgments in court. The jury evaluates scientific evidence, intended to be presented in court, more greatly than their judgment as produced by their own logic, and may act that way purposely on the issue of truth. Assessing the reliability of witnesses has been preserved to be the main role of the jury and a determination that must depend on the evidence of the logic or senses of the jurors themselves, not to be substituted by professional evidence on truth.

Many concerns are brought about by the opportunity of letting witnesses, along with defendants, be examined for truth. Apart from Fifth Amendment that addresses that one can be required to give evidence against oneself, the question arises about if the jury or judge be permitted to consider a denial of a defendant to undergo such an assessment. As polygraph examinations are hardly permissible, the legal implications resulting from the accurate examination of defendants are in process of being tested, but using accurate and lie detection based on neuroscience, they become a promising approach. Problems of protection would be considered, as the application of brain imaging technology takes with it some quantity of risk. Concerns regarding privacy would be addressed and what more could be learned or what more could be addressed? Could an individual be required to respond to a subpoena while being examined for truthfulness? Evidently, issues abound, creating neuroscientific lie detection an efficient contender for future research and debate.

Cross-Cutting Legal Issues

Major cross-cutting issues that crop up in a range of contexts include intellectual property, privacy, discrimination, and pre-formal applications of neuroscience, and these are important in analyzing the importance and effects of neuroscience developments in future criminal justice. Additionally, at the same time as science is advancing, the present condition of the law concerning neuroscience particularly is increasingly promising. Still, in so far as anti-discrimination acts can limit the way neuroscience methods are applied, or that intellectual property issues may possess a restrictive influence on research, some brief reflection of the possible effect of the law on neuroscience is as well suitable.

Discrimination

Discrimination is a concern together with modifying and monitoring techniques and the application of monitoring techniques, especially in predictive functions, might bring about the pigeonholing of kids, the restriction of opportunities, and various kinds of discrimination that arises in many cases. Likewise, inadequate access to modification technologies generates a rising split between those with access to developments and people without this access, producing a neurological underclass.

Both ideas tackled in the explanations about genetics are precisely very important relative to neuroscience. The idea of exceptionalism comes first and is an issue that passing laws and particular rules for neuroscientific discrimination will bring about a public view that evidence, concerning their brains, is more determinative of their welfare and actions than it is actually. Distinguishing neuroscientific information for particular safety appears to show that a remarkably dominant quantity or kind of knowledge is present, hence exceptionalism. Therefore, while discrimination derived from neuroscientific understanding is a risk that legal and neuroscience groups must operate to lessen, it is not apparent that a new legal system precise to neuroscience must be produced or established. An alternative approach can reinforce obtainable anti-discriminatory laws and systems to incorporate discrimination derived from neuroscientific evidence or information.

One major approach to decrease the risk of discrimination derived from neuroscientific information is to control or limit cross-cutting legal issues to have an opportunity to access such information and create it accessible just as suitable for applications that the community believes or considers permissible. As a result, those distinctions offer issues of confidentiality and privacy which can be tackled effectively by using neuroscience techniques.

Pre-formal Usage

Since several applications of neuroscience that have been discussed in this paper are in formal perspective, the pre-formal approach should be used to apply neuroscience in the legal system prior to criminal judgments. For instance, a defense counsel might present test outcomes to prosecutors to act as a pre-judgment discussion, looking for discharge, lessening of charges, or other kinds of results. Such applications would be fundamentally unreviewable and likely not to be presented to the public. While the precise state of these pre-formal applications is uncertain, it appears sensible that both neuroscientists and lawyers reflect the way these uses could be handled with approaches that are both scientifically and legally suitable. The legal and scientific societies can even desire to go so far as openly to discover such potential applications and to start a discussion on knowledge, standards, and scientifically suitable applications.

Intellectual Property Issues

Generally, neuroscience appears doubtful to provide particular challenges for intellectual property law. Somewhat, the concern can be necessary; it is about the likelihood that neuroscience patent could limit the advancement of derivative products or downstream. A patent is a kind of property right provided to an inventor, which is also called the patent owner, providing the special right to the application of some invention for limited length. Some inventions may include manufacturing developments, chemical compounds, and mechanical tools, and the products that are produced through the patented invention are called downstream products.

While the inventors gained through benefiting completely from the efforts of their labors, the whole community profits through involving the inventor to reveal the factors or information of the invention as the necessity of being rewarded a patent. This disclosure permits people to advance, modify and most importantly, develop the patented invention. A patent owner may protect or limit the application of the patented invention, for the period in which the holder is assigned the patent. Therefore, this restricts the progress of downstream products. The risk of limiting downstream product process is not limited to neuroscience patents but provided the point that these are inventions with possible applicability to peoples brains and their welfare, it can be a precisely critical field that should be considered.

Conclusion

Brain science is very important in addressing and attending criminal justice in the future. Most criminals have been assigned sentencing or punishments that they actually do not deserve. Neuroscience is very vital to be applied in judgments since it classifies individuals with their ability to understand right or wrong, and if they are in fact responsible for the actions or behaviors they are found to have committed.

Susceptibility or vulnerability to various behaviors of psychoactive substances, which may include cognitive reliance and improvement, seems to rely on people dissimilarities derived from environmental, genetic, and growth features that are experienced by many people in their lives. It is turning to be apparent that the future influence of neuroscience or brain science will be recognized through relations with different areas such as social and cognitive psychology, genomics, molecular biology, and physics. Therefore, research should be increased in the future to help and expand the developments in areas of neuroscience so that it will be more reliable and effective in the future. Inequalities, discrimination and other injustices within criminal justice will be eliminated if neuroscience techniques will be used to tackle some issues that arise in the court or when solving criminal cases.

Bibliography

Bear, MG, BT Connors, & MO Paradis, Neuroscience: Exploring the Brain, Lippincott Williams & Wilkins,Baltimore, MD, 2006.

Callender, J, Free Will and Responsibility: A Guide for Practitioners, Oxford University Press, New York, 2010.

Illes, JK, & BL Sahakian, The Oxford Handbook of Neuroethics, Oxford University Press, New York.

Longstaff, A, Neuroscience, Taylor & Francis, New York, NY, 2005.

Panksepp, J, Opportunities in Neuroscience for Future Army Applications, National Academies Press, washington, DC, 2009.

Pockett, SK, WR Banks, & SP Gallagher, Does Consciousness Cause Behaviou, MA: MIT Press, Cambridge, 2006.

The criminal justice system portrayed in the news is what the American people are most exposed to. Although it may not be very reliable it has become a part of American life and most Americans have become accustomed to getting news from these media. The CJS as portrayed in the media may not be representative of the facts and maybe doctored news, but this is what the American people are happy about, given that It has widespread effects in that its impact impinges upon the manner in which the American people cast their votes, exercise discretionary powers as law-abiding citizens and also affects the conduct of their day to day affairs. It is seen that the news that is being portrayed may be either underrepresented or overrepresented. In the case it is underrepresented, it means that the news has not been depicted in full and in a truthful manner and in accordance with the wishes of the American people. Seen in terms as a cultural product, television programs and images are conceived as reflections of society. (McNeely, 1995, p.1-20).

These media projections of crime in radio and television and other mass media are seen as reflections of society itself, in the public eye.

In other words, a large part of the work has been expunged, which shows the news is not justified, fair, and accurate in its portrayal. Again, it is quite possible that the news may be overrepresented, in which case, there has been fabrication and slight exaggeration of the news in order to attract and retain readerships. Both under-representation and overrepresentation are against public policies and deserve to be rectified. However, it is also seen that the aspect of under or over-representation needs to be confirmed by an independent body and not by the newspaper itself. Therefore, it could be seen that it is necessary that news need to be distilled for exaggerations, sensationalism, and deviations from the truth before being presented to the readers. It could also be seen in terms of the fact that newspapers should always present the truth as it is, and not the way politicians, lawmakers, or other vested interests would like it to be. It could also be in terms of the fact that the truth cannot be kept away from the people for all, as was seen in the major scams and scandals like the Watergate scandal, Enron, Arthur Anderson, and others.

Coming to the second part of the question, it could be said that some news may be far from being justified, fair, and accurate for printing. It is common knowledge that an alleged defendant is innocent until he is proved guilty in a competent court of justice. In the Court, he is given ample opportunities to testify and prove his innocence, or otherwise. However, in most cases, it is seen that the defendant is proved guilty by the media and press even before proceedings have begun. Public opinion is a major determinant of political will cover Americas chequered history, and the American criminal justice system is no exception. Thus, over the years, the jurors have been cautious in allowing media portray to transgress their closely guarded officialdom, lest public opinion or political influences, or a combination of both contaminate the future course of dispensing justice with equanimity and righteousness. In the deliverance of criminal justice it is necessary to allow the players and pictures to speak for themselves  provides a rare, valuable, and unvarnished view of a system that struggles under its own weight every day. (Ronald S. Sullivan Jr, Jeffrey Berman: Emergency from Triage- A reviewed real justice. (Sullivan & Berman, 2008).

It is believed that extraneous factors, facilitated by television, could mount pressures on the judiciary system and vitiate the course of justice and fair play.

The public needs to know about criminal justice actions and the correct media portrayal of actions that are accurate, fair, and justified. Therefore, it is very imperative that the media tones down its sensationalism attitude and gets down to the core of facts and deliberations in the carriage of criminal justice.

References

McNeely, Connie. L. (1995). Perceptions of the criminal justice system. Journal of Criminal Justice and Popular Culture, 3 (1), 1-20. Web.

Sullivan, Ronald. S., & Berman, Jeffrey. (2008). Emergency room triage: A review of real justice. Frontline. Web.

Abstract

Criminal justice departments are touted to be one of the most inefficient and morally impaired sectors of the government. Among other reasons, financial problems have been the cause of disparities within the criminal justice system. Misappropriation of resources and poor financial planning has been the major cause.

For a properly functioning criminal justice system, sound financial planning has to be done even where budget allocation by the government is in surplus. This is because the number of possible financial needs in the system is virtually infinite.

Proper allocation of financial resources will ensure optimum efficiency in the system. In addition, government policy must allow the administrations to be able to manage their departments spending. Administrators must also have good planning and monitoring capabilities for proper utilisation of the available resources.

Financial Management in Criminal Justice Systems

Public administration is the management of resources for effective running of a public department or sector. Like any other public domain, the criminal justice sector and its supporting public institutions need proper administration of resources for effective functioning.

Officials in charge of the sector have the responsibility of ensuring that available resources are used to counter the challenges of the particular public department with utmost efficiency.

Managing the criminal justice system is like managing a business enterprise. Different disciplines of operation are present in the criminal justice system. An administrator might have to deal with different and diverse fields such as narcotics, intelligence systems, terrorism, freedom of use of electronic resources, common homicide offences, fraud and a myriad of other crimes whose nature is obviously offensive (Allen & Sawhney, 2010).

Apart from management of other professional duties of subordinate staff, financial management of these disciplines is the most challenging of the tasks. To be successful in effective administration of these disciplines, the administrators have to create a governance substructure which is to be monitored and kept under control for good management.

For different disciplines in the sector, an administrator might choose to create an independent structure for each sector or decide to create a unified system of administration with differentiated branches for each discipline.

Once a challenge that needs to be countered or solved has been established, the management has to liaise between different levels of administration and come up with a possible solution. In modern governments, all financial strategies of a public sector are influenced by the government policies. Consequently, suggested solutions have to be compliant with government policies.

Since the law governs all aspects of administration, the adopted possible solution has to be sanctioned by the relevant institutions and offices before final financial strategy is laid down. A budgetary plan is then drawn on how to allocate financial resources to various stages of implementation.

After completion of laying down the strategies, the plan is then implemented. Furthermore, a follow up to establish whether the challenge has been solved is done (Allen, & Sawhney, 2010).

Administrators in the criminal justice system should be aware that the junior officials need to be financially controlled to a reasonable level. A budget projection in the criminal justice administration cannot be built on strict terms since crime and its implications can only be predicted to a limited accuracy level. In this essence, the management should avoid incurring unnecessary financial responsibilities.

Spending of the junior officers in a particular discipline affiliated to criminal justice should be controlled by their immediate senior manager. For example, avoidable mistreatment of a suspected offender may leads to adverse financial implications in the court process and disciplinary issues (Starling, 2010).

Most criminal justice systems loose a substantial part of their monetary resources in settling compensations for misconduct of their officials. Therefore, discipline in law enforcement officers and other members of the criminal justice system is essential for sound financial management. In addition, motivation of officers in the criminal justice system is vital and helps to boost morale and accountability of the officials.

The nature of activities in the criminal justice system is random and often the financial requirements exceed the capacity of financial resources. Some activities in the system may be critical and thus are of priority in financial planning. An administrator should be able to make comparison and come up with an appropriate order of priority.

Financial management of the criminal justice system is conclusively a multidisciplinary task that requires more than knowledge of financial planning. An administrator in criminal justice system or an affiliated field must be acquainted with these multiple abilities. However, a manager must not necessarily be an expert in all these fields to accomplish effective financial management.

References

Allen, J. M., & Sawhney, R. (2010). Administration and management in criminal justice: a service quality approach. Los Angeles: Sage.

Starling, G. (2010). Managing the public sector (9th ed.). Belmont, CA: Thomson/Wadsworth.

In the modern world, an efficient pursuit of criminal justice is impossible without up-to-date and well-maintained information technology. In the subject of criminal justice, computers are often used to produce reports, preserve records, investigate crimes, identify criminal suspects, analyze crime patterns, and enable data analysis at multiple levels. Technology pervades every element of our lives, and it has become an essential component of the legal sector. Not even the criminal justice system is immune. GPS systems, robotics, and sophisticated cameras are examples of legal technology used in the criminal judicial system. High-performance computer systems and Internet technologies have a role as well. All of these technologies enhance surveillance and investigation while simplifying analytical operations.

As such, this investment into a GPS system allows for greater efficiency of the agencys performance at all fronts. GPS and GIS systems have been used by the police for many years. They are used for a variety of functions by the police. When locating a suspect, determining the most efficient routes, and so forth. Gone are the days when police officers had to engage in a high-speed, risky pursuit. Today, GPS technology makes it much easier for law enforcement to track down offenders. GIS systems track police vehicles in the same way, allowing the agency to identify their whereabouts at any time, increasing both the efficiency of tracking and the safety of the employees (New Advancements in Legal Technology, 2022). Installation and maintenance costs for the installation of the all-new system are admittedly high. However, due to the ongoing digitalization of most areas of life, the spending is associated with essential technical upgrades. The importance of hardware is being recognized by law enforcement authorities all around the world, and in the long term, it is important for the agency to not fall behind.

Reference

New Advancements in Legal Technology for the Criminal Justice System. PracticePanther. (2022). Web.

Introduction

The analysis of women in the UK criminal justice system disclosed the attitude to females in criminology perceiving them as workers, offenders and victims. Throughout centuries the criminal justice system ignored women as offenders; the 20^th century changed the situation completely impacting the place of females in criminology. (Chesney-Lind, 2008)

Present manner of womens treatment within criminal justice system is of discriminating character; this fact is closely connected with transformed low enforcement efforts, post-conviction barriers and stiffer form of drug sentencing laws. The gender responsive type of the criminal justice system appeared to be predominantly defined through male standards providing strong discrimination against females expressed through social disadvantages in womens life.

Main Text

The criminal justice consequences are considered to be rough for the women being connected with the sphere of criminology. There is a number of factors influencing womens treatment in the criminal justice system. Social and family factors also influence the attitude to women under the supervision. Male dominance is strongly expressed and reflected on further life of imprisoned women. Besides, female violence victims are never provided with enough safety and support. The statistical data have shown that about 17 700 children are deprived of their mothers through their imprisonment. It is necessary to underline the fact that women with children face rough disadvantages in the workplace organization. (Engendering Justice, 2003)

The criminal justice system provides low support of female victims; as a result only 15% of all the crimes and assaults are officially reported to the police. The increase of domestic crimes and sexual offences is closely connected with national policy on womens violence. The discrimination expressed against women in criminal justice system is also demonstrated through inadequate services in womens prison; in most prisons for men they are aimed at rehabilitation by means of education, abuse treatment and health services.

Besides, womens imprisonment means a number of barriers to social resources, such as transitional income, public housing and employment. Criminal justice system provides great limitations for the womens reintegration in the community. (Williams, 2004) Criminal record is considered to be principle obstacle in the gainful employment for women; besides, such women have low income giving no opportunities to raise socioeconomic status through education or employment.

Social disadvantages are connected with low career opportunities; it was identified that women earn considerably less than males almost in all professional spheres. The overview of women in criminal justice system demonstrated rapid increase of females crimes in comparison with males ones. This factor is the background for women being discriminating against within criminology sphere. Womens disadvantages and limitations in the sphere of social life are connected with high promotion of male dominated culture with strongly identified male standards and norms. (Engendering Justice, 2003)

Conclusion

Gender responsive type of criminal justice system provides great disadvantages and discrimination against women reflected in all spheres of life. Social and family factors influenced the changes within criminal justice system in its attitude towards women offenders. Females are discriminated against under the impact of political pressure aimed at reduction of the number of womens crimes in modern society; there are several special programs developed at this goal fulfillment and criminology limitation for women is considered to be one of them. The Government is to develop national campaign in order to decrease sexual and rape violence together with the rate of discrimination against women in the criminal justice system.

References

Engendering Justice: from Policy to Practice  New Report on Women and the Criminal Justice System. 2003.

Chesney-Lind, M. Women and the Criminal Justice: Gender Matters. 2008.

Williams, L. Women, Crime, and the Criminal Justice System. Feminist Press. 2004.

Introduction

Drug use has increased in the UK in recent times and there are an estimated five million regular users of illegal substances in the region (Emmett and Nice., 2006). Of these, about one million people are found to be addicted to cocaine, whose use has multiplied four times within the past ten years (Emmett and Nice, 2006). However, it is heartening to note that the central government has taken important measures via the NHS and the Criminal Justice systems to reduce drug related mortality and crimes and also to provide treatment options for those who wish to escape the net of substance misuse. This article explores the various measures taken by the government in the realms of NHS and Criminal Justice to combat substance misuse and focuses on comparing and contrasting the approaches of the two agencies in the treatment and prevention of substance misuse using journal articles, magazine articles, books and authentic internet sources.

History of NHS versus CJ approaches to SM (substance misuse)

The NHS approach to substance misuse is a combination of psychosocial and pharmacological interventions (Taylor et al., 2007). Substance misusers in the UK are provided a wide range of services from the NHS (National Health Service) (drug dependence unit, community substance misuse team, etc), the social services and the Probation Service (hostels or halfway houses) to voluntary help by community service agencies (Rassool, 1998). Alcohol abuse was the first to be tackled by NHS in the late 1950s, when the first specialized NHS alcohol treatment unit (ATU) was formed. Later on, a number of community alcohol teams (CATs) were created to assist healthcare professionals at NHS in the treatment of problem drinkers (Rassool, 1998). In 1965, the Brain Committee presented its report in which it recommended that there must be treatment units provided for treating problem drug users and addicts and to maintain opiate addicts on heroin (Ministry of Health and Scottish Home and Health Department, 1965). Consequently, drug dependency units (DDUs) were established all over UK in 1968 with the objecting of treating people hooked on opiates and heroin (Rassool, 1998). In the 1980s, with increasing misuse of psychoactive substances community drug teams (CDTs) was set up to include the opinion of generic workers into clinical work. More recently, a number of CDTs and CATs have been integrated together to form community substance misuse teams. Moreover since the early 1980s, the central government policy in the UK has been to include general practitioners (GPs) in the management of substance misusers. This is because a large percentage of the population is registered with a GP and sees them regularly. Primary care in the UK is readily accessible for the general population and is provided in a community setting with general practitioners and primary care nurses playing a crucial role in the delivery of health services. Initially, drug abusers were referred to specialists for treatment. But more recently there has been a shift towards the belief that, given the right support and training, the GP can play an effective role in caring for drug misusers. According to the joint policy statement of RCGP and GPC  two national Primary Care Bodies- issued in April 2000, The RCGP and GPC believe that General Practitioners should offer appropriate care to all patients on their lists. Where patients have problems with substance abuse, appropriate care will include aspects of primary care normally provided by the practice health care team, shared care with other services and referral to other appropriate services. Certain GPs may develop particular expertise in the care of substance abusers, and the number and location of these doctors should, ideally, be sufficient to avoid substantial workload falling onto a few GPs (RCGP/GPC Policy Statement on Care of Substance Abusers, 2000). The U.K. governments 1998 White Paper titled Tackling drugs to build a better Britain outlined a ten year strategy for tackling substance misuse and revolved around four concepts: prevention, treatment, reducing availability and fighting drug related crime (Strang and Gossop, 2005). While the first two options fall within the purview of the NHS, the remaining two come under the criminal justice department where the public health approach ranges on the continuum from personal care to punishment. Within the premises of NHS, there is a debate whether pharmacological treatment is necessary or not. Methadone and buprenorphine are the best known pharmacological treatments in opiate dependence, but there are other drugs used in different cases as well: naltrexone for relapse prevention in opiate dependence; clonidine and lofexidine in opiate withdrawal; disulfiram and acamprosate in alcohol abuse; disulfiram in cocaine abuse; octreotide for preventing diarrhoea in opiate withdrawal. Within the community treating substance abuse, there are large sections opposed to pharmacological treatment as they believe that drugs cannot cure a drug problem (Bean and Nemitz, 2004). However, Paul Hayes, Chief Executive of the National Treatment Agency says to make treatment for substance misuse effective NTA plans to work towards improving the skills of general practitioners, allot more funds for needed resources, improve the quality of drug treatment in prison through the implementation of the Integrated Drug Treatment System in prison, and focus on outcomes. According to Paul Hayes, the main challenge is to move users who are in treatment to the recovery phase and reintegrate them in society and this is possible only by using several treatment paths (Hayes, 2009).

According to the British criminal justice system, the drug policy focuses on reducing demand for drugs, treatment and law enforcement. Karen Duke, in her review of prison drug policy since 1980, says that the CJ approach to substance misuse is a mixture of control, order and punishment along with a policy of strengthening supply side programs which means restricting the availability of drugs within the prison (Duke, 2000). The 1995 White Paper, Tackling Drugs Together created drug action teams (DATs) to act locally against substance misuse. DATs used multi-agency approaches to counter drug related crime (McBride and Peterson, 2002). Later, a ten-year strategy was outlined in a white paper issued in April 1998, entitled Tackling Drugs to Build a Better Britain. This paper recommended incorporating all sectors of society in the fight against substance misuse as it believes that drug misuse is linked to other social problems. The criminal justice strategy to counter substance misuse has four objectives: to help young people be aware of the evils of drugs; to reduce drug related crime in society; to support drug users to become free of drugs and live healthy lives; and to stop the flow of drugs to the streets (Cherry et al., 2002). In accordance with these objectives, a new community sentence termed drug treatment and testing order has been passed and this requires that drug offenders must be under compulsory treatment and drug testing enables courts to require drug offenders to undergo treatment and to submit to mandatory and random drug testing to ensure that they remain clean.

The ten year strategy included additional funding of about £217 million over the next three years to counter the problem of drug abuse in UK (Joyce, 2006). The money was t be used for treatment and support services, treatment programs in prisons, education and prevention programs and function for arrest referral schemes (Joyce, 2006). The multi-agency approach was further strengthened in 2001 by the establishment of the National Treatment Agency for Substance Misuse in 2001 in a joint fashion by the Home Office and the Department of health. It was the responsibility of this new agency to set standards for treatment and rehabilitation on various local agencies involved in countering the issue of substance misuse. This preventive approach was balanced by a more punitive proposal put forth in 2000 Criminal Justice and Court Services Act. According to this law, courts could order a convicted user of Class A drug to stay clean and be regularly tested and if in case he is not able to adhere to the conditions, he will be penalized. The Act also allowed the courts to order the drug testing of defendants charged with property crime, robbery and Class A drug offences and the results were considered during bail decisions (Joyce, 2006). Thus, since 1997, the Labor government has pursued a range of social and economic policies to address substance misuse that was seen as both a cause and also an outcome of social exclusion (Young and Matthews, 2003).

Contemporary NHS versus CJ prevention and treatment approaches that clash (e.g. harm reduction) and others (e.g. public health) that are more complimentary:

The criminal justice system targets areas such as treatment, prevention, enforcement and interdiction, the latter referring to the practice of preventing drugs from entering the country (Bean and Nemitz, 2004). Despite these varied objectives the law does not always integrated with enforcement and treatment. An arrest referral scheme cannot be effective when there is no provision for treatment. Both the NHS and CJ approaches aim at harm reduction. But harm reduction in the health context may not always mean harm reduction in the CJ context. Enforcement and treatment sometimes conflict with each other. For example, an increase in the effectiveness of law enforcement can possibly increase the number of people seeking treatment for substance misuse, thereby overloading the treatment services at NHS. Similarly, increasing the effectiveness of treatment at the NHS can cause negative role models in substance abuse to disappear, increasing the number of people entering drug abuse. There can be internal conflict within the criminal justice system approach as well. For example, an increase in certain methods of law enforcement can push existing drug users to do higher levels of crime to get more money for their drugs. This shows that though these strategies are all good ones, harm reduction through one strategy can cause harm from another angle and cannot be truly effective when they are used in isolation (Bean and Nemitz, 2004)

The government strategy with regard to the NHS is based on the conviction that treatment is effective and will lead to less crime. However, it cannot be said with certainty that drug is directly related with crime. Some studies show that there is a connection between drugs and crime whereas some others show that drugs and crime were both outcomes of the offenders deviant lifestyle (Hough 1996).

There are times when both the NHS and CJ approaches complement each other. No one can be certain about how many drug users would benefit from the treatment or what the effectiveness of different treatment modalities is, but treating more people with substance misuse results in increased public health in society. This is complemented by the CJ system where treatment is coerced on the drug offenders. Coerced treatment for drug-using offenders is based on three assumptions: that the reduction in drug use among offenders will lead to reduced crime rate; that even when coerced, treatment can be effective and finally, that treatment can be most effective with persons who feel that they have very little negative consequences of drug abuse. All these three assumptions have been supported by empirical literature indicating that in the instance of coerced treatment for drug offenders, the NHS compliments the approach of the CJ. Criminal activity of drug users is proportionate to their drug use (Anglin and Perrochet 1998; McBride and McCoy 1993; White and Gorman 2000). Moreover, coerced treatment reduces both drug use and criminal recidivism (Farabee et al. 1998; Marlowe et al. 2001). Finally, drug users who are not aware of their problems can also benefit from the treatment (Nurco et al. 1995; Sia et al. 2000).

The complementary effect of the NHS and CJ approaches is further validated by the tentative results of a study by Bean and Nemitz (2004) that show conditional treatment offered compulsorily along with probation has slightly better outcomes than other sentences. Treatment offered to drug offenders within the prison is similar to those given outside it and the general finding is that offenders in treatment tend to commit fewer crimes than those who are not given treatment. Street heroin users, who tend to be the most criminal, are impacted the most by treatment, showing reduction in criminality by 70% (Chaiken and Chaiken, 1990). This shows the treatment provided by NHS is complementary to the efforts taken by CJ in the realm of reducing criminality and increasing public health. Thus to what extent the NHS approach compliments or conflicts with the CJ approaches depends on the specific conditions and situations of each case. Discuss how contemporary NHS and CJ approaches to treatment and prevention for drug misuse differ from those for alcohol.

The misuse of alcohol in the UK is a major cause of health and social problems and the affected people are mostly disadvantaged groups in society (Parliament of Great Britain, 2008). The establishment of the National Health Service Alcohol Treatment Unit (ATU) in Great Britain in 1955 was the first step towards providing specialized treatment for alcoholics in the country. Historically both alcohol and drug treatment services in the NHS came under general psychiatric services. Community oriented approaches developed in the late 1980s (Rassool and Gaffoor, 1997). Within the NHS, the approach to counter the issue of alcohol misuse includes prevention, treatment and social services with wide variations by area. Treatment interventions include counseling/psychotherapy, 12-step programs, detoxification and pharmacological treatments as well treatment or other help. The most effective prevention is through central policies regarding pricing and control (Stevens, 2004). Alcohol related problems are increasingly plaguing society due to globalization of alcohol industries, deregulation of markets and abandonment of alcohol-control policies as a result of economic and political unions (Kraner et al, 2002).

Alcohol is a bit difficult to tackle than drugs as many people associate consumption of alcohol with good health and moreover, many countries include alcohol consumption as part of their culture. To counter alcohol misuse, it is necessary for NHS to adopt systematic community-based and cross-national approaches (Monteiro and Gomel, 1998; Saunders et al., 1998). Studies show that much of the harm in alcohol comes from risky alcohol use by nondependent drinkers rather than by the smaller proportion of alcohol-dependent people (Kreitman, 1986). Hence the regular approaches of the NHS and CJ will not work in the case of alcohol misuse. It has been found that among the nondependent subgroup of drinkers, brief intervention involving screening to identify alcohol misusers and brief advice on how to reduce consumption has been shown to be effective interventions to reduce alcohol consumption and alcohol-related problems. Contrary to substance misuser programs, brief intervention programs appear to be equally effective for both men and women to combat alcoholism (Ballesteros et al., 2004). Brief interventions have been shown to save one in three lives among alcoholics (Cuijpers et al., 2004). Statistics reveal that in order to prevent one death in a year, on an average 282 patients need to be counseled (Moyer et al., 2002). WHO reports that just 510 minutes of structured advice regarding alcohol, from primary care professionals can effectively reduce alcoholism among the general population (WHO, 1996). The government has based its alcohol misuse strategy on the 2004 Public Health White Paper, Choosing Health: Making Healthy choices Easier and according to this paper, the four main themes of cross government Alcohol Harm Reduction Strategy are: improving health and treatment; education and communication; tackling crime and disorder and working with the drinks industry. Contrary to the NHS approach for substance misuse where the focus is on treatment using pharmacological and psychosocial interventions, a holistic approach is adopted in the case of alcoholism.

A study conducted by the Cabinet Office has found a link between alcohol and crime and concluded that certain forms of crime can be directly attributed to alcohol consumption. The government alcohol policy in the context of criminal justice includes restricting the sale of alcohol and its consumption on licensed premises to people aged 18 and over. Moreover, the government as introduced several measures to limit the consumption of alcohol by young people. A bylaw passed in Coventry in 1989 banned public drinking and this measure is said to have resulted in appreciable decline in alcohol related disorder in the lower level (Ramsay, 1990). The government also studied alcohol free zones in various parts of the country such as Bath, Chester, Scarborough, Stockton-on-Tees, Aldershot and in Newquay/St. Austell. More recently the Criminal Justice and Police Act of 2001 has empowered local authorities to ban public drinking (NewBurn, 2007). These measures are unique and very different from the approaches used in the case of drug abuse.

Discuss directions for future evidence based policy that will minimize the clash between the CJ and NHS approaches.

Most public statements by politicians on the subject of crime and its control include references to drugs and over the past two decades, there has been a number of criminal justice based interventions aimed at drug users (Newburn, 2007). Most of the interventions have been focused on criminal justice and enforcement. Hence coerced treatment and punishment have often been the methods of tackling drug abuse in the context of criminal justice. To avoid conflict with the efforts of the NHS, it is important that treatment for substance misuse leads to overall reduction in substance misuse as well. Hence, in the future, it is important that focus is made on recovery and rehabilitation after treatment  both in the NHS approach and criminal justice approach. It is also essential that the treatment must be made effective through integration of psychosocial methods along with pharmacological methods. Moreover, it is important to bring all general practitioners and nurses to an accredited level in treating people with substance misuse problems. It has been suggested that potential candidates for nurse consultant posts develop additional knowledge and skills to tackle substance misuse at primary health centers. Currently law does not permit nurses to prescribe substitute opiates for addiction treatments. Nurses must be encouraged to participate in prescribing for substance misuse patients by giving them generous pay enhancements to purchase expanded professional indemnity. Moreover, when GP and nurse practitioners work together it would be possible to enhance treatment services (Winyard, 2005). With a futuristic view, the IDTS (Integrated Drug Treatment System) has been introduced by the UK government. The objective of IDTS is to expand the quantity and quality of drug treatment within prisons by increasing range of treatment options, integrating clinical and psychological treatment in prison and integrating prison and community treatment to ensure safe recovery and rehabilitation in home. Such measures where the crime rate is reduced by providing effective treatment will reduce the conflicts between the NHS and CJ approaches to substance misuse. The key elements of the IDTS are: better treatment for drug offenders in prison, improved clinical management with greater number of maintenance prescriptions for those who need it, intensive CARATs support during the first 28 days of clinical management for all patients, greater integration of drug treatment to create multi disciplinary teams, better customization of interventions and forming networks with community services such as Primary Care Trusts, Criminal Justice Integrated Teams, Drug Treatment providers, etc. Thus the IDTS is aimed at not only providing effective treatment for substance misuse but also focuses on early custody and improved integration between clinical and CARAT services and reinforce continuity of care from the community into prison, between prisons and on release into the community (Bradshaw, 2008).

Conclusion

The NHS and CJ approach to treatment and prevention in the substance misuse sector have been compared and contrasted using authentic print sources. It has been found that there are some conflicts between the NHS and CJ approaches though their objectives are primarily the same. By improving treatment effectiveness in such a way that it can reduce crime and by assuring that recovery and rehabilitation are part of any substance misuse program, it is possible for the NHS and CJ to work together in a complimentary manner.

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After viewing this documentary, I felt frustrated and a bit surprised to see the reality of todays prison. It was eye-opening to look at the implementation of the thirteenth amendment, observing the intersection of race and justice in the US. The tension only climbs up with the current riots happening around the country as the hidden racism in the criminal system is revealed for millions to see. The most principal factor that allowed to replicate the events of the past 150 years is a personal mentality, formed over the years of historic misrepresentation of such concepts as race and justice.

The film exhibits the flaws of our criminal justice system and the shortsightedness of the political situation. Brutal statistics and real-life examples portrayed over 150 years of American history prove that mass incarceration and oppression of minor communities is still topical, despite the legal bills against it. Such findings suggest that personal bias among legislators and public authorities is overwhelming, leading to poor judgment.

The movie added to my understanding of the prison system by explaining the concept of penal labor. Never before did I think of it as a form of involuntary servitude compared to slavery. Regardless of the race of the convicts, the duly legality of involuntary servitude seems horrifying and cannot be justified by the commonly used motive of using labor as a transformational tool. Innovative solutions need to be found to eradicate the permit of penal labor, limiting the rights of American citizens.

Several facts altered my pre-existing views about the prison and criminal justice systems. First, I was struck by the fact that the US prisoners make 25% of the entire worlds number of convicts (Carolina Justice Policy Center, 2017). Second, the timing of the 13th amendment seems questionable. Ratified right after slavery was prohibited in the South, the 13th amendment allowed to use of millions of Afro-Americans convicted for minor crimes to rebuild the economy. Third, I never thought about the manipulative offer delivered to the criminals (Carolina Justice Policy Center, 2017). One can either go to trial at the risk of losing and being imprisoned for dozens of years or making a plea and going to jail for a shorter term. Scared for their future, many people do not even take a chance to win their case, serving the term unfairly.

I was certainly surprised to explore more about the underpinnings of the legislative policies that became a product of the war on drugs. The portrayal of black people as heavy criminals in the Reagan times did not startle me. Though I always associated the term war on drugs with the Reagan presidency, I was unaware that Nixon was the first to use the expression (Carolina Justice Policy Center, 2017).

There is not enough funding, training, and objectivity in the current criminal justice system. The documentary shows enough evidence that police officers, as well as judges, still see color while delivering their services. More awareness should be raised about figures of authority to minimize the personal factor and achieve a higher level of care for the potential convicts.

As always, the events depicted in the documentary can be misinterpreted and used against minorities. However, it is important to understand that the purpose of the movie is to raise awareness and reveal hidden truths around the issues of justice, race, and mass incarceration. While the hostile climate and misdirected anger can be associated with watching the documentary, there is no causal relationship.

Reference

Carolina Justice Policy Center. (2017). 13th: A lesson on race, justice, and mass incarceration. Web.