IRAC SUMMARY

Case 1: 1. Hartman Bros. Heating & Air Conditioning, Inc. v. NLRB, 280 F.3d 1110 (7th Cir. 2002)

Issue

Provision of false statement- within this case, it was stated that Salt who was seeking employment could not be discriminated for his salting activities. Because of that there was no reason for firing him because of the false information he had provided(2000 NLRB 2).

Rule

Labor law- according to this law, salting is when trade union ends up inserting an organizer into the workforce with the objective that he will be in the position of organizing the workforce(2000 NLRB 2).

Analysis

Within this case, once salt was sent into the heating and the air-conditioning company, he was later fired after the company discovered that he was a salt. Although the raised its complaints to the NLRB, the management authority of the company appealed it because of the false employment information provided. Therefore, the court ruled that an employee cannot be discriminated against salts (2000 NLRB 2).

Conclusion

Despite the fact that the employee had lied, it is illegal for a worker to make false statements so as to obtain employment.

Case 2: Stericycle, Inc., 357 N.L.R.B. No. 61 (Aug. 23, 2011)

Issue

In the Stericycle, Inc., the union had filed an election petition which the objective of representing the dispatching employees. This was because the employees had violated the provision of the federal fair labor standards act (FLSA) (357 N.L.R.B. No.1).

Rule

According to the federal fair labor standards act (FLSA) and state law, the board ended up overruling the preceding law governing the union sponsored lawsuit which was filled the critical period (357 N.L.R.B. No.2).

Analysis

Through the application of this rule, the court approved that the election ought to be set aside as well as holding new election after ensuring that all employees are explicitly notified about it (357 N.L.R.B. No.3). On the other hand, it means that the time taken should have the capacity of clarifying the mandates offered. In the process, it means that the onion which files the hour and the wage on behalf of the workers ought to commensurate with the statutes set. Conversely, during the critical pre-election time, it is important for the management authority to ensure that the exercise is conducted legally so as to make each employee inclusive. 

Conclusion

As far as this case is concerned, the court ruled out that it is important for the management authority to ensure that union-sponsored lawsuits have been effectively filled during the critical period. Furthermore, it is clear that the legal pursuit provided by the new law ought to have the capacity of redressing the filling of election petition before and after the election process have taken place. This should also coincide with the critical period the parties could have chosen regardless of the motives the representatives of employees would be having (357 N.L.R.B. No.6).

Auditor’s liability

Legal liabilities of auditors as public accountant results from litigations that are based on contract laws or negligence tort action.  Many of the related lawsuits stems from claim in breach –of –contract , in that the auditing services were not carried out as agreed upon.  Therefore, when an individual or firm considers that they have been injured by the auditor and results to a lawsuit, they generally ascribe to the probable causes of action that consist of tort , fraud , deceit or the breach of agreement of the contract and the available professional standards (Rittenberg, Johnstone & Gramling, 2011).

 The common law mostly places the burden of affirmative proof on the client or plaintiff. The plaintiffs have to proof that they suffered losses or were damaged, a beneficiary relationship existed between them and the defendant, the auditors’ advices were misleading or faulty and that they relied on the provided advice to make investment decisions. Moreover, the plaintiffs have to prove that the auditors’ advice directly resulted to cause if such losses and that there was negligence, gross negligent, deceit which makes the auditors responsible (Rittenberg, Johnstone & Gramling, 2011). The clients may sue the auditor for the breach of contract if there is direct involvement relationship between the parties – Privity.  Where such relationship exists, the plaintiff will only be required to prove that the defendant auditor was negligent by not showing reasonable care while performing his professional duties in offering advice to the client. Auditors will be held negligent if the client proof that they were not reasonable careful in offering them the investment advice they needed before making a decision.  The auditor owes a duty of care to contractual client because of the privity of this contract (Rittenberg, Johnstone & Gramling, 2011).

The PWC had been accused “extraordinary and egregious” negligence by approving the client’s off-balance-sheet accounting in some transactions related to European Sovereign debt and the decision by the client to ignore recording valuation allowance against the company’s deferred Tax Asset before September 2011.  In such a case, the client should be able to show that the auditor intentionally or negligently provided the advice, but should also prove that it did not take part in the accounting decision that led to the losses or damages. The court would have to determine if the client displayed unconscionable conduct that makes the wrong conduct of the auditor against whom the damages are attributed to be at least equal to that of the client. The client should not bear part of the blame if he provided accurate financial statements to the auditor or if such statements were inaccurate, the action was not intentional (Knechel, 2013).

The case relate to auditors offering professional opinion regarding the unascertainable expected results in future. The auditor should not be held liable for the advices if they had agreed with the client that the problem may be complicated and thus, should be allowed for future revisions and liability is only placed on the auditor if the enquiries on the financial condition of the market were not extensive enough to allow for better forecasting. However, there many factors that could lead to losses or damages after the auditors’ advices are utilized (Newman, Patterson, & Smith, 2005). The factors can be external and the may be unforeseeable and this makes the auditor not liable.

References

Knechel, W. R. (2013). Do auditing standards matter?. Current Issues in Auditing, 7(2), A1-A16.

Rittenberg, L. E., Johnstone, K. M., & Gramling, A. A. (2011). Auditing. Mason, Ohio: South-Western.925-927

Newman, D. P., Patterson, E. R., & Smith, J. R. (2005). The role of auditing in investor protection. The Accounting Review, 80(1), 289-313.

HYPOTHETICAL ILAC QUESTION

         Issues

• The directors resolved to find a cheaper option for laundering motel linens and employ Brothers Cleaners Pty Ltd but Vienna fails to tell Paris and Sydney that her husband and brother –in-law are directors of the firm. The three vote unanimously for Dodgy Brothers.
• Paris is more interested in travelling than running the firm even though she should be overseeing the accounts. She comes back after 6 months to find that Milton is unable to its debts, of which Nikki could not inform her because she did not receive Nikki’s calls.
• She decides to commit $ 500,000 eve when the firm is facing bankruptcy.
• Sydney becomes friends with Norman, who informs her Bright Ideas Ltd success and she uses her own money to purchase shares in the firm.

The issue is whether these directors breached any of penalty provisions of Corporations Act 2001.

Principle

Under the Corporations Act 2001 relating to civil obligations as found in Section 180

• _S180: A director or officer of a given corporation should observe the level of care and diligence while performing their duties in a manner that a reasonable person would do if; they were occupying similar positions in the corporation and under similar circumstances; had similar responsibilities or occupied same position as the officer or director
• _S180: Directors cannot a breach of such duties through reliance on the fact that they did not have knowledge to make a particular decision. The duties of diligence and care should be judged against the directors’ expected standards since they occupied offices with responsibilities within the organization as directors in similar corporations.
• _S180: The directors are also expected to observe the duty to avert a potential or actual conflicts of interests between the firm’s interests and personal interests.

 Application

So as to determine whether Paris, Vienna and Sydney actions add up to reasonable care and diligence, it is important to ask whether a person who is reasonable with their experience and knowledge would have been expected to do the same in such situations. Paris, who heads the company accounts but does not discharge her responsibilities or duties since she is more interested in travelling rather than running the firm.  Her contravention of the expected duty of care leads to bankruptcy and she was not available to avert such a scenario and Nikki’s calls to her went unanswered. A reasonable director as the head of the company’s would be expected to take charge of the company’s accounts operations. Even when she is way, she would have communicated to ensure that the accounts are in order. A reasonable person would have remained in contact with Nikki who would have provided the going-ons in firm. The specific standard of diligence and care expected is determined in reference to the prevailing circumstances of the firm including the precise function that a director is expected to carry out. At common law, the director is expected to act in such a way that at the time of financial difficulties, they do not prejudice the creditors’ interests. Paris allocated $ 500,000 as cost for repainting the motels while clearly aware that the firm was unable to pay its debtors prejudicing the creditors’ interests.

   Vienna and Sydney engage in actions that brings about conflict between their interests and those of the firm. Contracting Dodgy Brothers Cleaners whose directors are her husband and brother-in-law and not notifying the other directors present a conflict of interest between the firm and Vienna. Sydney’s case does not involve a breach of breaching of the provisions of the Act. This is because even after befriending Norman, she did not place a conflict of interest between hers and those of their firm.

Conclusion

In the case of Paris and Vienna, they actions violates the provisions of the Act. Paris does not discharge her responsibilities or duties and her actions prejudiced the creditors’ interests.  Vienna’s actions bring about conflict of interest between the firm’s and her interests. Vienna did not contravene the Act since she uses her own money to purchase shares in Bight Ideas Lt.

Reference

 Latimer, P. (2011). Australian Business Law 2012. CCH Australia Limited. 696

Du Plessis, J. J., Hargovan, A., & Harris, J. (2018). Principles of contemporary corporate governance. Cambridge University Press. 244-246

Improving Community Corrections

Over the past years, community corrections cases have grown rapidly. The number has doubled and is currently exceeding that of those who are already incarcerated within the prison system in America. As a result of this, the criminal justice policy has been faced with multiple challenges of having to improve the crime reduction efforts as they also maintain public confidence. These challenges are made worse by the fact that some of the popularly trusted criminal reduction approaches are counterproductive to the overall community crime reduction. Arguments on the use of incarceration as an approach to respond to crime have risen over the years. This is an expensive strategy that in frequent times has underperformed on the credible measures of its effectiveness. The reality is that in numerous instances, those returning to the community are often worse off after the period of sentencing than the way they were before the confinement. Cost and recidivism problems in county jails are intensified by the budgetary limitations and some of the state mandate. This has in return affected public trust as their investment in incarceration has a low yield to the expected return most especially to their safety. Following the great inability of the incarceration approach to satisfy long-term criminal justice goals, and the high cost linked to sanction, policy makers at different levels have sought after identification of suitable alternatives for criminals within the community. These approaches are far much better and are also able to address criminal challenges in a more cost-effective way. This paper will therefore focus on some of the alternative approaches to incarceration with an intention of improving the community correction.

Deterrence alternative approach is used by the criminal justice to prevent future crime by provoking fear onto the defendant and the general public. There are two types of deterrence that policy makers may decide to use. This includes specific and general deterrence approach. Specific deterrence often applies to an individual defendant. In this case, when the government punishes the defendant in a severe way, he or she is supposedly less likely to commit another crime for fear of being inflicted to a similar punishment or even worse punishment. General deterrence o the other hand is applied to the larger community where the public learn about the punishment given to the individual defendant. Once the public are aware of the experience of the punished individual such as by being sentenced to a life imprisonment or death penalty, this insight often inspires great public fear of criminal prosecution (Patchin & keveles, 2004).

Rehabilitation approach is another alternative to incarceration. This approach prevents future crimes by changing a defendant’s conduct. Through some of the measures such as educational, vocational programs, rehabilitative treatment facilities and counseling centers. The defendants enrolled in these rehabilitative centers are often supervised and numerous services are offered to the enrolled criminals. Typically, the offenders coordinate their daily activities with their supervisors and they have to report to them. They must participate in a prescribed treatment plan. The offenders enrolled in these centre are expected to adhere to a given curfew and they have to submit a random drug test. They have to also submit their progress in delivering community service. According to Frana & Schroeder, (2008), Community service is one of the strategies used by rehabilitative officers to help in improving the offender’s service to others hence adding them value. This helps in lightening the burden of incarceration thus lowering recidivism. The approach has been effective in offloading the burden placed on prison systems following the incarceration approach. According to some of the findings, this approach has greatly improved court appearances amongst offenders, reduced their participation in drug abuse following the correction measures given at the rehabilitation centers. This has thus led to a low re-arrest rate on community offenders on new charges. It has also improved on the offenders’ willingness to participate in other correctional and treatment services thus improving on the community correction based program.

Restitution approach is one of the punishment methods used as alternatives to community incarceration. This is used by the community policy makers to punish defendants financially. The court in this case orders the criminal defendant to forcefully pay the victim for any form of harm. This bears a resemblance to civil litigation harm rewards (Frana & Schroeder, 2008). This can be basically for physical injuries, money loss emotional distress or even property destruction. This approach is thus inclusive of a fine that is intended to cover the costs of the criminal prosecution as well as punishment.

Frana & Schroeder, (2008) asserts that restorative justice system is a new community approach that has been widely implemented to replace incarceration approach. This approach seeks to incorporate offenders, the victims as well as the community representatives during the reimbursement process. Community justice is a broad concept that refers to the locals who employ a justice model that incorporates community members at various levels. A restorative approach therefore focuses on a specific incident where the offenders are often held accountable to the victims of the crime and also to the community members. As they all work together in amending the case, an agreement is established which remodel the harm inflicted. Some of the strategies involved in this approach include, mediation-dialog between victim and the offender, community reparative committees, community conferencing and community sentencing.

In US, the sentencing Commission has attempted to define recidivism as any event of re-conviction or re-arrest within a two years period after an offenders into the society.  Halbesma, (2014,) argues that, with the level of such recidivism, even a minimal reduction to such scenario in its rate will be required so as to reduce any significant prosecution and incarceration expenditure savings. Some forms of offenses and wrongdoers may qualify for programs that lead to having the charges dismissed if only the defendant successfully completes specified conditions. These approaches often take the defendant individual out of the normal prosecution process so as to allow them complete the specified conditions. Once they are done with this condition, the prosecutors or rather the court dismisses the charges. The core goal of pre-trial diversion approach is to create time for the defendant to demonstrate that they have the capacity to act in a more responsible way. The offenders are allowed time to rethink of their lives without being worried about having a criminal record. They are not only implemented to reduce the burden within the justice system, the approach greatly helps to reduce recidivism through referring to the individuals who have been charged for the first time. Recidivism is also reduced following the ability to address reasons for arrest. In this case, offenders on diversion approach are able to find gainful employment as they do not have criminal records despite their crimes. They also have less time being incarcerated. Instead they have so much time to themselves thus are able to think about more important things about their lives (Halbesma, 2014). The offenders’ are also able to reduce their misconduct and substance abuse as they fear that they would be convicted. Diversions help to reduce labeling amongst individual offenders. As a result, the offenders are able to live within the community without having to live in shame. They are thus able to rectify their mistakes for a better life far away from that of the criminal justice system. Thus they have improved substance use and mental health results. There should be an expansion of the pre-trial diversion approaches beyond individuals who are only first timers or those with low level of criminal records (Entry, 2013). However, the judiciary ought to adopt strategies and develop interventions that majorly focus on community individuals who are most likely to recidivate. The court system should also focus on considering all factors other than the present charges and history criminal approaches in determining and coming up with intervention programs. The use of diversion programs in the next generation should be in a position to determine and offer the suitable level of services as well as justice supervision most especially the pre-trial diversion for all of the criminals within a community.

Probation has been a significant part of the US correctional system over the years. It is among the most used correctional option with a high number of individuals in the community being in probation than being within the prison confinement. This approach in America is intended as substitutes to incarceration for eligible defendants who are not deemed as threat to the community’s safety. The approach allows the offenders to maintain their ties with relatives, employment as well as with the community while they are still in correctional control. Community administration regulates an offender’s freedom and monitors the individual’s activities. The probationer is expected to answer to a probation officer during his probation period. They must also adhere to the conditions that the court places before them so as to avoid any revocation of probation and any imposition of severe punishments (Patchin & keveles, 2004). Probation approach is used extensively by the probation officers in creating time for them to carry out an investigation on the offenders’ background and needs. They are also able to prepare a report which they are supposed to present to the court so as to aid in the decision making during trial. Probation helps in maintaining an administrative relationship that is built between trust and discipline between the probationer and the probation officers. The approach often strikes a balance between giving out a fair punishment and public safety. However, it considers limiting the use of expensive prison system confinements. It helps lawbreakers to avoid having future system involvement hence reducing recidivating. The approach offers a wide selection of options that helps the judges to customize the consequences for the offenders. There is however a good rationale behind increasing the study for probation. Beyond punishment and rehabilitation, this approach is meant to meet other valuable goals. This helps to conserve some of the public resources and minimizes on the negative impacts of prison confinement on offenders, the family and the community in general. Probation is partly founded on the notion that rehabilitative plans such as anger management and drug treatment programs has a greater possibility of success especially when administered within the community settings rather than in the prison setting. Some of the treatment programs such as drug treatment are often effective when they are linked with probation sentencing rather than when they are offered freely by the community. It is postulated that long treatments during probation enhances greater reduction in criminal engagement (Patchin & keveles, 2004).

Using the halfway houses often known as the community corrections centers, probation officers utilize them for rehabilitating offenders who are on probation. These communities residential have a more structured setting that is often advocated for by probationers. These facilities are used to host custody prisoners who are on prerelease but are anticipating to be given a parole within the next month. It is also used to host prisoners who have already acquired parole but are in more need for more assistance and supervision with readmission.  In most cases, the offenders on probation are often within the community setting and thus most of the resources that they use are from the community (Patchin & keveles, 2004). The community funds some of the community services. However probation officers often use these opportunities to make the offenders on probation to participate in as a correctional measure.

Frana & Schroeder, (2008) recommends that there is need for a policy initiative to convincingly establish rehabilitative measures will be of significance in the criminal system in U.S. this will help the policy administrators to explore more humane ways to correct the misconduct of those who do not abide by law. Rehabilitation is therefore the step towards strengthening the offender’s stake in the community through self-respect, social links, and education as well as employment strategies designed to desistance criminals from activities that are harmful to safety of society. On the other hand, community resources should be allocated to those correction approaches that demonstrate a high level capacity to reduce recidivism, protect public safety while also lessening the need for costly justice supervision (Entry, 2013). These determinations will be most effective if the alternative programs take formal steps to establish standardized outcome measures. There is also a great need for precision and transparency around the description of alternative correction programs and models. This will increase importance in the developing exchange of ideas, innovations and suitable practices.

As a society, U.S should incorporate rehabilitation approach within their correctional system and should consider having incarceration as the last option and rather not a solution to all sorts of crimes. Doing time within the prison confinement disrupts every sector of a prisoner’s life and at the end of the sentencing; the society offers virtually minimal assistance to these offenders who are released. This makes it hard for the prisoners to make a re-entry back into the community as good citizens. It is therefore evident that the American society has lost sight of the importance of differentiating between a violent offender who must be incarcerated for the public safety and a non-violent lawbreaker who might be required by the society to make in other different ways. However, it is important to note that the effectiveness of these alternative approaches to incarceration is subject to so much inquiry. At the very least, there is need for a serious exploration of these alternative approaches. This will be inclusive of a shift in resource allocation away from incarceration. This will therefore give the new alternatives approaches and programs a greater opportunity to succeed.

References

Patchin, j., & keveles, G. (2004, November). Alternatives to incarceration an evidence-based research review. In Northwest Wisconsin Criminal Justice Management Conference. Cable, WI.

Frana, J. F., & Schroeder, R. D. (2008). Alternatives to incarceration. Justice Policy Journal, 5(2), 1-32.

Entry, N. (2013). A National Survey of Criminal Justice Diversion Programs and Initiatives. Center for Health and Justice Alternatives at TASC, December.

Halbesma, M. K. (2014). Diversion Programs: Are We Reaching Desired Effects? (Doctoral dissertation, Aurora University).

Juvenile group home

 Group home as an alternative to incarceration

            Group homes is a residential facility where juveniles with low-level offenses and high-level offenses experience therapeutic responses and extensive contact with the community. These group home settings were created in the 1960s, and research and studies have reported the effectiveness of these group homes in reducing re-offense (Chambliss, 2011).  The group home can be effective as an alternative to incarceration in that these group houses reduce crowding and, the cost that could be used in building juvenile detention centers. Also, group home protects juvenile offenders from institutionalization, separates the juveniles with low-level offenses from juveniles with high-level crimes and, connects the juvenile offenders to the family and community.  Studies show that 70% of the detained youth re-offend within two years.  Thus, group house play a significant role in offering rehabilitation services and maintaining public safety than confinement.  Juvenile offenders have been going through difficulties in that 25% are treated as adults in the criminal justice system (Chambliss, 2011). The purpose of juvenile group house is to protect the juveniles from encountering these challenges and placing them in alternative facilities.  Note that detention and confinement affect children mentally and academically and they meet difficulties in finding employment. This occurs because when the child is incarcerated, he or she develops depression, suicidal thoughts, develops learning disability, lack opportunities for growth and positive ties (Chambliss, 2011).Thus, it is important to conduct an effective risk assessment of juvenile detention and focus on improving group houses to reduce re-offense, re-arrest, overcrowding in detention centers, and more importantly, help juvenile maintain ties with families and community.

Drawbacks

At first, the group homes were established to hold young offenders with low-level offenses, but the home settings have changed in that young offenders with high-level offenses are also taken to these homes. Rather than offering pro-social support, the group homes are associated with negative peer influences and the risk for delinquency in future.  Referring to the contagion effect, it is important to understand that there is a likelihood that young offenders will spread their deviant behavior to others through interaction. This will occur because, in the home setting, there is no individual need method or proper assessment of evidence-based programs to determine the criminogenic needs (Chambliss, 2011). Thus, it means that both offenders with low-level offenses and the high-level offense will mingle and this will result in a problematic mixture of the peer. The offenders with low-level crimes will be in a vulnerable position to engage in severe delinquent behaviors. In other words, the disadvantage of group homes is that they act as ‘deviancy schools' where young offenders learn antisocial behaviors from others due to the mixed-company (Chambliss, 2011). According to the social cognitive theory, when delinquent young and victimized youths mix and lack substantial safeguards, the rate of delinquency will increase (Chambliss, 2011). Regarding costs, independent and for-profit, companies need a higher cost and adhere to minimum standards from the State.These companies require training and qualification to provide quality care. Not only do group house need cost for maintenance but group house owned by State or community-based are unable to offer one-on-one attention. A high cost is required to address individual needs and competency development. Another disadvantage of group homes is that there is a resistance from the local community in that even though the community is responsible in providing a supportive environment to the young offenders, community members also resist the placement of these offenders. Community members are concerned with personal and property safety and protest through hall meetings and local media arguing that young offenders are a threat to the neighborhoods. Despite the fact that community with abundant resources such as healthy recreation opportunities, good school, and peer network should support and encourage pro-social behaviors, they are the most resistant to youth group homes (Chambliss, 2011). 

Challenges

There are challenges associated with using group homes. First, young offenders in the group homes are treated like second-class human beings.  Rather than receiving intensive care, children are vulnerable to violence such as sexual exploitation. Group homes act as a breeding grounds for all forms of exploitation and children encounter domestic sex trafficking, drug abuse, and prostitution. Other challenges met in the house group is that young offender face instability due to poor housing quality, overcrowding and mixing with children from a different background (Chambliss, 2011). Lack of stability hinders family and community reinsertion, and the juvenile justice system does not achieve the goals of improving the pro-social functioning and reducing recidivism. The group homes are not able to create stable programs, and thus they offer ‘false services' since specific needs are of the children are not met (Chambliss, 2011). The point is that lack of program effectiveness is the main cause of all the challenges that are met. The foster parents or staffs who are responsible for providing may be unwilling and may fail to tolerate children's behaviors.  Another challenge is that the peer contagion is likely to shape deviant behaviors through the socialization process.

Other alternative to detention programs

Functional Family Therapy

Functional Family Therapy is an alternative to incarceration where intervention is offered in a community setting, clinic setting and home-based model. This is a program designed to help young offenders who suffer from aggression, drug abuse disorder, conduct disorder and, disruptive behavior disorder by involving the families and providing home-based therapy (Alexander, 2013). Family involvement in functional family therapy play a significant role in that families attends the weekly sessions and learn strategies to apply in helping the child develop desirable behaviors.  Family members understand the family behaviors and improve communication and daily interaction with the child (Alexander, 2013). The therapist provides the family members with strategies such as problem-solving skills, mood management strategies and communication skills to use to change the behaviors.

 House arrest

            This is an alternative to incarceration and a community-based program where offenders live at home and continue with day-to-day activities such as working. This program re-merged in the 1970s and 1980s and many States decided to place nonviolent offenders in home confinement sanctions and control the costs that were incurred in jails and prison beds (Tonry, 1997).  Offenders are restricted in their residences and have a minimal opportunity in attending places such as work and school. The offender should comply with the conditions of releases offered by the judges.  An example of home confinement program is the electron monitoring where electronic equipment is used to report whether the offender is complying with terms and conditions or not (Tonry, 1997). The equipment transmits an alarm signal and the probation officer senses if the offender has left the residence.

 Restorative justice within group homes

Restorative justice is based on the restoration of the victim into the community and to a life-abiding life.   The offender brings harm to the victim and the community at large and efforts are needed to heal the harm.  The role of restorative justice is to give the offender, the victims and the community members and opportunity to meet, discuss the crime and its impact and find a resolution.  Restorative practices involve interacting with children rather than doing things for them.  In other words, the care provider should not use punitive and authoritarian model, but staff needs to develop staff-student interaction and staff-to-staff interaction (Miller, 2008).  In the group homes, staff should apply the restorative framework where wrongdoers and the victim will be given social encouragement, they will be empowered, and they will change their behaviors and develop a sense of responsibility (Miller, 2008)..  Group homes and restorative justice develops a therapeutic community where the offender and the victims develop a culture of belonging and more importantly creates social and psychological change.

Recommendation

Group home is a good solution since they act as an alternative facility where children receive nonpunitive treatment, learns prosocial behaviors and other important skills related to spirituality, responsibility, and empowerment (Chambliss, 2011).  Note group homes act as a reinforcement setting where young offenders interact with adults and learn pro-social skills.  The important thing in the group homes is the programs designed to meet the child's welfare. Also, for children to receive treatment safely, they need a least restrictive environment, special programs, and trained staff. This resource will assist the young offenders who suffer from substance abuse, and other issues develop emotional and behavioral changes (Chambliss, 2011). Group homes are the best place to be in that children experience life transition by participating in therapy, day-to-day activities, and learning activities. More importantly, the group home helps the teens gain self-esteem and teaches them on how to manage anger and become accountable for own behaviors. Group home is a therapeutic setting where each need is met. Group homes are also less expensive in terms of staffing and operations compared with detention (Chambliss, 2011).

Reference

Chambliss, W. J. (2011). Key issues in crime and punishment. Thousand Oaks, Calif: SAGE.

Tonry, M. (1997). Intermediate sanctions in sentencing guidelines. Washington: U.S. Department of

Justice.

Miller, H. V. (2008). Restorative justice: From theory to practice. Bingley: Emerald JAI

Alexander, J. F. (2013). Functional family therapy for adolescent behavior problems. Washington, D.C:

American Psychological Association.

Discretionary Parole

In the determination of the agreement parole, it is important to note that a person is responsible of armed robbery, if they consign any theft with a weapon, simulated firearm, offensive weapon, volatile or imitation volatile.  A person accountable for armed robbery is culpable of an indictable crime and is liable to level 2 incarcerations of 25years utmost. An offensive weapon is an expression that could encourage some discussion. The definition asserts that any article made or modified for use for causing harm to or debilitating a person or which the person is having intends or threatens for such purpose. In this case, John is found guilty of armed robbery and has been in penitentiary for eight and a half years thus is guilty and there is a task to impose a sentence. It will be essential to consider the total penalty enforced and if it involves incarceration, it will also be imperative to decide on the non-parole stage.

Armed robbery, which provided that sentences under this sections shall run successively with and shall start at the end of any sentence being served by John. The law articulates that any person convicted of infringement shall serve the first seven years of his punishment without benefit of parole, audition, perched sentence or any other legal or administrative process except a time that might be permitted as a result of good behavior (Gaines & Miller, 2014). In case of good practice, the period of authentic imprisonment of the sentenced person is condensed to a time of fewer than seven years. Sentences obligatory to under this section shall successively run with and shall start at the beginning of other sentences being served by the offender.

In spite of any other condition of law, neither the parole commission nor any other group having accountability to release prisoners before the expiration of sentences shall sanction the release of the prisoner before completion of the allowed time or release as a result of good behavior.

AGREEMENT PAROLE

The panel of parole officials by high merit right vested in it by the decree of state at this moment allows the executive of the branch of penitentiaries to enable John an acceptable program agreed and permitted by the unit of parole as well as experimentation to go on parole away from the penitentiary under the following conditions.

Reporting: on discharge from the penitentiary, you will straight go to the curriculum permitted by the unit of parole and will give account to the managing representative any person selected by the branch. Presenting a written statement to the administration representative will be mandatory on every beginning of the month on provisions provided by the branch under parole and audition. This account will be accurate as well as truthful.

Habitation: you are not allowed to relocate without first acquiring authorization from the officer in charge of your supervision.

Intoxicants: taking alcoholics is not allowed. Upon appeal by a parole representative, you will surrender to a medically acknowledged analysis for blood alcohol substance.

Forbidden substances: you are not allowed to utilize, buy or own any narcotic drugs nor any hazardous drugs if not first prearranged via an approved doctor whom you are required to right away alert. Surrendering to narcotic or drug test as compulsory by any administration representative is mandatory.

Weapons: you are not allowed to obtain, own carry or contain any bludgeon.

Acquaintances: you are not allowed to relate to any person with criminal proceedings or other individuals considered inappropriate by the division. These include even the friends you committed the robbery with. You are not allowed to mingle with individuals restricted in a penitentiary unless appropriate printed authorization has been approved by your administering representative as well as the penitentiary body.

Cooperation: you are compelled to always work together with your supervising representative, and your actions shall give a good reason for the chance decided for you.

Laws and behavior: you are obliged to obey all correctional regulations, community, region and national requirements as well as decrees and behave as a good inhabitant.

Travel: you are not allowed to leave the country without first acquiring written consent from your representative.

Work: you shall try to find and uphold lawful profession, or uphold a curriculum permitted by the unit of parole and experimentation as well as not modify that kind of service or agenda without first acquiring agreement.

Administration costs: you shall pay court orders fines, costs as well as restrictions on a agenda accepted by the unit

Your parole termination date is…

Recognition: you will entertain no recognition, at all, on this verdict in case of absence from administration at any time and be regarded as an escapee.

This parole is approved as well as acknowledged by you, under the stipulations articulated here and with the acquaintance of the panel of parole representatives with the authority in case of infringement of terms of probation as the basis your custody and go back to penitentiary.  Your privilege to take part in an election has been canceled and might be re-established upon proper release.

Agreed by the panel of parole representatives

Leader parole representative……………..dated………

AGREEMENT BY PAROLE

At this moment, I relinquish extradition of the state as well as from any kingdom on the outer surface of the continent and I what's more concur that I will not challenge any attempt to get me back me to the land

I have gone through the parole stipulations, and I ultimately recognize them. I concur to conform to and severely pursue them. I entirely recognize the punishment concerned in any case I infringe the previous terms.

Parolee………………….

Officer witness………..Dated………….

Terms and Conditions

The subdivision shall function as administered reentry program to provide a period of reentry supervision for qualified prisoners like john starting 80 days before the date of release. The department shall set up terms and conditions of administered reentry. The department shall present administration of prisoners placed on controlled reentry and use a proved assessment to establish the inmate's risk and desires.

The terms and conditions of supervised reentry have to contain but limited to mandatory reporting as instructed, habitation requirements and limitations, service or elsewhere at any time, boundaries on the use of alcohol and controlled substances (Walker, 2014). Other terms include surrendering to drinking and drug testing as directed, restrictions on progress and access to business positions as instructed, restrictions on the ownership of weapons and other armaments and limits from association with persons with criminal proceedings. Others to take in are nonparticipation from infringement of national, state or local laws, notifying the agent of any arrest, detainment or questioning by police officials, playing all financial obligations as directed and agreeing to the advice and instructions of the representative.

Alleged Violations

Supposed infringements of the terms or conditions of supervised reentry shall be instigated to under a merit or reference issued by an audition agent setting forth the contravention and shall be presented to the subdivisions hearing officer for final outlook. In case the hearing representative establishes the prisoner has dishonored the term or condition or reentry administration, the hearing representative might inflict additional terms or conditions and might prolong the convict’s reentry administration, or the trial officer might invalidate the inmate’s reentry administration and get back to the unit of corrections to serve the other part of the sentence. The verdict of the hearing representative regarding reentry administration shall be absolute and there shall be no petition for this choice (Barkan & Bryjak, 2014). 

Procedures for the Preliminary Hearing

The hearing representative will carry out groundwork hearings to settle on the apparent cause of supposed violations devoted by individuals under the administration of the subdivision and as otherwise required by the regulation. This includes breaches concerning trials, parole and society administration. The hearing representative will also perform prelude hearings and final revocation hearings for the youthful offender provisional release cases, as well as such other conferences as stipulated by law. The hearing representative will conclude on the use of managerial approval where suitable; recognize difficult behaviors and offer medications whenever likely; and either settle on those cases which are to be lastly determined within the Department’s authority, or make proposals on those cases which must be in conclusion determined by the Board of test, Parole and Pardon Services, or by the Court. The hearing representative will make sure that individuals accountable for violations of their administration conditions and agenda for a groundwork hearing are afforded as a result of procedures of law.

References

Barkan, S. E., & Bryjak, G. J. (2014). Myths and realities of crime and justice: What every

 American should know.

Gaines, L. K., & Miller, R. L. R. (2014). Criminal law in action: The core. Stamford, CT:

 Cengage Learning.Bottom of Form

Walker, S. O. N. O. (2014). Sense and nonsense about crime, drugs, and communities.

RACE & VICTIMIZATION

Michael Brown, a black 18-year old man, was shot by Darren Wilson who was a police officer in August 2014. The police department in Ferguson conducted a biased investigation, and they released a false report that Brown was involved in a ‘strong-arm robbery’ (Brown, 2016).  The reality was that the murder of Brown was due to racial disparity. The US Department of Justice did not file charges against the Darren Wilson arguing that there was not enough evidence.  The police officer did not follow the appropriate procedures, but he used excessive force to kills the black suspect. The incidence shows that police officer took on ‘a continuum of force' policy to justify his actions (Brown, 2016). Wilson reported that the situation could not allow him to use the chemical spray. The County grand jury supported Wilson and argued that the use of force was defensible and there were no criminal charges for the deadly shooting. In essence, Wilson violated the civil rights and a broader  investigation on Ferguson's police officers and courts reported that the city has deep-seated racism, the police department is characterized by corruption and racist system and, police officers target black residents.  The Americans supported Wilson and reported that he was a hero and he killed Brown to protect himself (Brown, 2016).

             The common factors that might have contributed to the vulnerability of the victim are the class issues which result in undesirable life events to the minority. For example, the socioeconomic difference is a factor that increases the vulnerability of the victim since people from the lower class are more likely to be assassinated than the whites. In this, socioeconomic status does not only encompass income but also education and financial position. Black people in America live in communities with low economic development; they have the low level of education among other factors that influence discrimination and marginalization (Davis, Lurigio, & Herman, 2013). Another factor that increases the vulnerability of the victim is cultural insensitivities. The latter indicates that the cultural differences between whites and blacks create unique behaviors, values, and references and, the uniqueness makes the minority vulnerable to external hostilities and confrontation. Cultural insensitivity develops ethnocentrism where white cultures believes that they are superior to the black cultures. Both socioeconomic differences and cultural insensitivities creates barriers in that the minority cannot access the necessary services. Lack of facilities and even social support establishes a path for physical abuses (Davis, Lurigio, & Herman, 2013).

 Race and ethnicity factor that might have contributed to the homicide against the victim is color lines.  Color lines have created differences in social structures which leads to stigmatization against the minorities. Due to the stigma and victimization, the victims cannot access the needed services such as protective services from the law enforcement (Davis, Lurigio, & Herman, 2013). The racial divide and the power structure acts as a threat to the black people since they experience deadly race riots, violence, and segregation. Police officers have the different police force, and they treat the citizens with racial makeup.  In other words, Michael Brown was a victim of police brutality due to color lines (Davis, Lurigio, & Herman, 2013).

 The criminal justice system presents racial disparities in dealing with different races.  The law enforcement agencies arrest a higher number of innocent black residents than white residents.  For example, in 2013, the total number of black people who were detained were 92.7% whereas white was 6.9% (Harrell, 2017). This indicates that the criminal justice system deals with victims different due to race or ethnicity.  Black people in Ferguson live in a transient community where they encounter negative experiences with the police officers. In dealing with victims, the criminal justice system put into concern factors such as race,  level of education, socioeconomic position and more. Since the majority of black people live in segregated cities, they suffer from high poverty rates, and they are unable to access social needs. They are overrepresented in issues like arrest and murder, and they are underrepresented in the ladders of opportunity (Truman, 2011).

References

Brown Steven. (2016). Michael Brown, Ferguson, and why race matters for policy research. Retrieved from: https://www.urban.org/urban-wire/michael-brown-ferguson-and-why-race-matters-policy-research

Davis, R. C., Lurigio, A. J., & Herman, S. (2013). Victims of crime. Thousand Oaks: SAGE Publications.

 Harrell Erika. (2007). Black Victims of Violent Crime.  Bureau of Justice Statistics Special Report.  U.S Department of Justice. Retrieved from: http://webcache.googleusercontent.com/search?q=cache:https://www.bjs.gov/content/pub/pdf/bvvc.pdf

 Truman I. Jennifer. (2011). National Criminal Victimization survey: Criminal victimization, 2010. U.S Department of Justice. Retrieved from: http://webcache.googleusercontent.com/search?q=cache:https://www.bjs.gov/content/pub/pdf/cv10.pdf

Employment law – case study

Issue

The basic question that should be looked into in this case regards whether by failing to hire Casey as a rafting guide tantamount to discrimination that could allow her to claim disparate treatment on the basis of sex.  The issue involves whether Casey was treated differently in comparison to other employees who are similarly situated such as Rob and thus denied the deserved opportunity to be a guide.

Rules

An employee wishing to make a disparate should show with sufficient evidence that she or he was subjected to different treatment in comparison to others with no common protected characteristics. Thus means they must provide sufficient proof for a prima facie incident to support the discrimination (Miller & Cross, 2012).  The prima facie case on the issue must be able to factually infer that the actions against the complainant were motivated by the consideration of the plaintiff association with a member of specific class.  The respondent, in response to unlawful discrimination charges must bring forth sufficient evidence that the reason for the charged action is legitimate (Miller & Cross, 2012).

Analysis

In the case of Casey, she has sufficient evidence to show she was subjected to differential treatment in relation to Rob, whose qualification levels were similar. That none of the rivers on which guests were taken were technical and hence, Casey’s experience could fit and that Casey was given an administrative assistant job proved a prima facie case. Amy could not provide legitimate evidence for failing to employ Casey as a guide. ATGA is liable.

Issue

The issue in this case is whether Casey was sexually harassed by Lucas through what appeared to constant “accidental” touching.

Rules

The Civil Rights Act, Title VII has several outlawed kinds of sexual harassment; a hostile environment at work which subjects an employee to unwelcome physical conduct that can be deemed to be of sexual nature and which are so serious that they affect the working conditions of the person; repeated unwanted touching that are so severe that they affect the ability of the employee to comfortably work in the environment; commenting in a person attractiveness in front of other employees (Boland, 2006).

Analysis

In the Casey’s case, Lucas sexually harassed Casey by persistently and constantly subjecting her to unwanted touch which made her working environment so hard that she could no longer undertake her responsibilities comfortably. The physical conduct depicted by Lucas was of sexual nature and so server that Casey had to quit working in the organization. That Lucas told Casey to wear shorter shorts to show off her legs amounted to commenting on her sexual attractiveness amidst other employers.

Issue

The question in this case involves whether ATGA was liable for Lucas sexual harassment meted on Casey. This includes whether lack of personnel policies that dealt with sexual harassment made the firm liable for Lucas behavior.

Rules

If a case of sexual harassment and hostile environment at work are sufficiently proven, an employer can bear the liability for compensation for suffering and punitive damages. The employer will be liable if he was aware of the harassment if he did not take immediate action. The employer must proof that he took reasonable care to avert cases of harassment and embarked on prompt corrective action while the worker unreasonably did not embrace the measures (Boland, 2006).

Analysis 

In the above case, the employer was aware of the ongoing harassment that Casey was subjected to by Lucas and did not act immediately. ATGA cannot proof that reasonable care was taken to avert the harassment or took a corrective action that could have embraced by Lucas.

References

Boland, M. L. (2006). Sexual harassment in the workplace. Naperville, Ill: Sphinx Pub.21- 28

Miller, R., & Cross, F. (2012). The legal environment today: Business in its ethical, regulatory, e-commerce, and global setting. Nelson Education.  504-506

 Death Penalty

Death penalty, which is also known as capital punishment is a sanctioned practice where the government puts a person to death as a punishment for crimes committed. This is referred to as a death sentence, and is mainly practiced on criminals who have committed capital crimes such as murder, crime against humanity, war crimes, rape, spying and treason. The death sentence occurs through hanging, shooting or stoning. Many countries have completely abolished the death penalty while a few countries still retain death sentences. The American population is split into two halves when it comes to their perspective on the death penalty. Statistics show that 41% of American citizens supported the death penalty, 44% were against it and 15% were not sure. This is because human rights activists view the penalty as inhumane and a violation of human rights as it denies people the right to life. This paper will analyze the reasons why death penalty is not the best form of punishment, its effects and why it should be abolished.

One may argue that death sentence prevents murderers from killing another person, but people forget that death sentence is irreversible. Some people may argue that those who kill should also be killed but in most cases they forget that a person might be innocent. The judges and juries can judge unjustly and they end up executing the wrong person. Justice is never 100% correct. Some suspects have poor quality defense and unqualified lawyers. A study of Colombia University shows that 68% of capital punishment cases were reversed on appeal. Similarly, since 1973, 4% of the verdicts on the death row in America have been found innocent of the crimes they were convicted of. In 2004, a Texas man, Todd Willingham, was executed for apparently setting up a fire that killed his three daughters, further investigation revealed that he was innocent, but it came too late (Jacobs & Carmichael, 2002). Similarly, Donald Marshall, a Canadian, was jailed for a decade for a murder he did not commit. Detaining a criminal in jail is the best as a person might be proven innocent in the future and their sentence reversed. If the court had decided to execute him, his innocence could not have been proven. The jury should be cautious when determining the penalty to be sure of the guilty and the innocent.

In the world today, some people may argue that executing foreigners is cheaper than deporting them to their countries. However, the death sentence should not be practiced due to the increased rate of racial discrimination. A black American may receive a death penalty for a crime committed while a white man receives an imprisonment for a similar crime. Also, white peoples’ killers are more likely to be executed than a verdict who murders a black person. Before the abolishment of the death penalty in Canada, Native Indians and French Canadians were experienced more cases of execution than the other citizens (Bedau, 1997). A jury which has racists and believe in death penalty is more likely to declare a person guilty while one opposed to death sentence may vote innocent. They are not willing to take the blame of killing someone whether innocent or guilty. Also, executions made on discrimination only increases enmity between different people and they feel the urge to revenge thus resulting to racial killings.

Some people may argue that it is cheaper to execute a person rather than paying taxes to sustain them in jail. But, capital punishment is inhumane, immoral, cruel and degrading. The correct punishment for a murderer is not to murder them, but to try and help them reform. “Murder is wrong”. People have been taught this since childhood. Everyone has a right to live and executing a person is a violation of the human rights. The bible also rebukes murder because God is the giver of life and according to his rules, he is the one responsible to take life away. When the jury executes a person, they go against God’s commandment. This shows that the court encourages the same crime instead of rebuking it. Many countries used cruel methods of execution such as lethal injection which is believed to be less cruel to the verdict and less brutalizing to the killer. Lethal injection has many flaws as it involves direct involvement of doctors. This goes against their work ethics. Also, post mortem results showed that the amount of anesthetic induced in offender’s body enabled them to consistently wake up and they could experience pain before dying (Banner, 2002). When one is put to prison, they get the time to realize their mistakes and the suffering they endure in jail makes them to regret their actions. The death penalty tends to focus on the criminal and the victim is forgotten in that process.

Death sentence creates a brutalizing society where humanity is meaningless. The society today is full of violent images, whether fictional or real. Killing of people by those in authority gives the citizens a mentality that taking a person’s life is acceptable. People no longer think twice about a character dying in movies or a person jumping out of a storey building. The concept of human life has lost its meaning. When a person is executed, the country is entitled to that murder as a whole and people end up living with the consequences which is violence. Convicts are not seen as human beings. The murder rate in U.S states where the death penalty was practiced, in the year 2010, was 4% per 100,000, as compared to 5% in those states where the penalty was abolished. Capital punishment should be abolished and convicts should be seen as human beings before humanity is wiped out from people experienced in everyday lives. With time, violence may become so common that people see no problem in killing one another. According to Bedau (1997), “A society that chooses violent death as a solution to the social problems gives birth to a climate of violence”.

Supporters of capital punishment may argue that it acts as a lesson to others and prevents more crimes from occurring, but deterrence is a concept which is morally flawed. Studies show that countries which practice capital punishment have high crime rates than those who abolished it. For example, Michigan and Lowa are countries that are doing well without the death penalty. This is because the penalty is implemented inconsistently and only fewer cases of first degree murder are sentenced to death (Berns, 1979). Also, killing of criminals is an indirect way of helping criminal escape the suffering in jail and some people who commit capital crimes do not value their lives and are ready to die rather than facing life sentences, for example, execution might not make any difference to a planner of suicide bombing. The key to discouraging crimes in the society is to focus on the increasing the detention and conviction rates. Death penalty might be harsh as a punishment but it is not enough threat to criminals in the society.

Death penalty supporters may argue that the killing of criminals might be seen as an exceptional way to give the victim’s families relieve and justice for their loved ones but execution does not heal or end their pain. Families of murder victims undergo psychological trauma and the loss of their loved one. The extended time which is taken for execution only prolongs their pain which they could have taken to heal (Paternoster et al, 2008). The families would also benefit from the funds used for the costly process of execution through counselling and the necessary help, like giving money to cater for the victim’s children if any. The trauma during execution is extended to judges and the military because, no person wants to live their lives as murderers. No job description should include the killing of another person as one of the requirements. Detaining should be the case as prisoners have no threat to the wellbeing of the citizens. Many judges and juries live with this guilt, but their circumstances force them to stick to those jobs in order to cater for their family’s needs.

Another reason to oppose the death penalty is because mentally ill people are not considered when it comes to execution. Since 1977, one in ten people who get executed are mentally retarded. This research was carried out by the National Association of mental illness and the Amnesty International. These people perform capital crimes unknowingly only to regret later on, but the jury does not put their conditions into to consideration. They are judged harshly. Many of the mentally retarded people are not able to participate fully in their trials and appear unengaged, rude and cold toward the judges. They are also unable to hire high quality lawyers to represent them. Some are forced to get medication in order to be lawfully competent for execution. People who are unstable mentally should not face conviction let alone execution. Oregon, a U.S state has not passed a law banning the execution of mentally retarded people despite the Supreme Court ruling decreeing that no mentally ill person should be executed (Berns, 1979).

Those in support of capital punishment may argue that justice cannot be compared to financial expenses, but the death penalty is more expensive as compared to life imprisonment. Capital punishment is three times more costly that detaining criminals. The death penalty requires more money on the many trials undertaken because the court needs to trials to determine whether the verdict deserves the death penalty. More trials means more attorneys and experts who need to be paid. Additional cost is used on automatic appeals and the tight security needed during the prolonged period prior to execution which is meant to prevent criminal’s escape means greater housing expense. In U.S, execution of Timothy McVeigh, a man who bombed the Oklahoma City, cost the government more than 13 million dollars (Banner, 2002). Some countries’, like New Jersey and New York, reasons for the abolishment of capital punishment was because of the high cost of the execution process. Death penalty only brings suffering to citizens due to increased taxation meant to cater for the process. This funds could be used to improve the U.S economy when invested in other constructive activities.

Some judges may claim that the courts are fair and just in their ruling, but money is a major determinant when it comes to court rulings. The court discriminates against the poor and chances of a poor person facing death penalty are higher than those of a wealthy person (Paternoster et al, 2008). This is because, rich defendant are able to hire highly qualified attorneys as compared to poor people who depend on the courts to provide them with attorneys, who in most cases are poorly trained. The wealthy people in the society are able to bribe their way out of cases leaving the poor people to die, because they lack enough money to bribe the judges. Some of this people are even wrongly accused but they are not given the chance to prove their innocence and they end up facing death penalties while innocent. It is therefore important for countries to abolish capital punishment in order to ensure justice for the poor and remove the society’s mentality that “money talks”. The quality of representation between the poor and the rich should be equal.

 Death penalty is one of the cruelest form of punishment as no there is no reason good enough to justify murder. Many people have lost their lives unjustly while families of the murdered victims are left more traumatized. Killing of criminals has only increased crime rates in the society. A lot of money is wasted on criminals’ execution which could be used to boost the economy of a country. It is therefore advisable for all states to abolish death penalty in order to reduce executions which result from discrimination and to observe the human rights.

References

Banner, S. (2002). The death penalty: An American history. USA:Oxford University Press.

Bedau, H. A. (1997). The death penalty in America: Current controversies. New York: Oxford

            University Press.

Berns, W. (1979). For capital punishment: Crime and the morality of the death penalty.

            New York: Basic Books.

Jacobs, D., & Carmichael, J. T. (2002). The political sociology of the death penalty: A pooled

            time-series analysis. USA: American Sociological Review.

Paternoster, R., Brame, R., & Bacon, S. (2008). The death penalty: America's experience with

            capital punishment. USA: Oxford University Press.

The case of O. Jay Simpson

Introduction

The case of O.J Simpson captured the attention of the American Public like no other cultural event, especially the low-speed chase in June 1994 which occurred through Los Angeles.  The news industry sustained a window of concentrated hyper-coverage of the strange event beginning with the charging, the suicide letter before the chasing, the chase itself and the surrender which led to O.J. Simpson's arrest. In journalism, different media houses cover similar events in distinct ways, so as to have the best impression on the reader and capture information in unique styles. The newsrooms adopted different approaches in the reporting of the case which gave wide information on the major aspects of the event. This paper discusses how four news articles covered the event and analysis their approach in presenting the information as they did.  O. Jay Simpson a famous and rich footballer, athlete and actor had was accused of double homicide, Nicole, his ex-wife and her friend Ronald Goldman.

To begin with, the New York Times article "THE SIMPSON CASE: THE FUGITIVE; Simpson Is Charged, Chased, Arrested" focuses on the case by viewing Simpson as a fugitive due to the nature of the chase by the police at the time.  The police pursued Simpson for 50 miles, which was extraordinary and broadcast to the entire country by television networks[1].  Mr. Simpson had abruptly vanished rather than surrender to the authorities as had been arranged by his lawyer.  That the article focuses on the individual as a fugitive can be attributed to the huge manhunt that involved tracking of calls from a cell phone before he was found inside a Ford Bronco vehicle in Los Angeles[2]. Mr. Simpson was holding a gun to his head as police cars fell behind the vehicle being driven by his friend AL Cowlings.  Other motorists had to give way by being pulled aside, and as his van passed by, motorists waved at Simpson.  In a twist, the article focuses on the audience of suicide letter written by Simpson particularly his 72- year-old mother from San Francisco and her reported collapse due to distress[3].  The article also reports on Mr. Kardahsian reading of the suicide letter and Mr. Shapiro, Simpson's lawyer attendance in Nicole Simpson's funeral. The articles highlight the roles of Mr. Simpson's psychiatrist who came into to check on a previously diagnosed condition. The role of police in the case is also largely mentioned in the case especially regarding the chase; the agreement entered into with the help of Simpson's lawyer, where he was expected to turn himself in[4].  The information provided by the different persons involved in the case is meant to show the status of Simpson as an influential celebrity. That a celebrity could become a fugitive brought into perspective the people involved in his life and the influence he had on the American public.

The Chicago Tribune's approach to reporting the case was to highlight the strange events leading up to the arrest of O.J Simpson.  The focus of the article is on the chase, the television audience watching the spectacle with disbelief, over a dozen police cars following, the blocking-off of freeways and people leaving their automobiles to wave at Simpson as he waved[5].  While some people urged him on, others were persuading him to surrender.  The writer terms the even as "one of the most bizarre public dramas in memory."[6] The writer also includes information about Simpson's slipping away as the law enforcers waited for his surrender and his lawyer's concerns about his clients would have been suicidal[7]. The focus is also on the failure of police to follow knowing that he had formally been charged with murder.  The information in the article seems to trace the cause of the chase and concludes that murder charges were the main reason for Simpson declaring himself a victim. While the New York Times article concentrated on the influential personality of Simpson, the Chicago Tribune's article focused on the event itself, so that to inform on how it occurred.  The approach could also be to show the extra-ordinary nature of the event and how it got Americans glued to it. That their attention would be removed from the popular National Basketball Association finals playoffs and focused on this national television drama seems to form the approach of the writer.

The Washington Post article, on the other hand, focuses on the surrender of Sampson after the long hour's chase and tense negotiations. The athlete had been taken into custody after his home return and after folding the police, with helicopters and dozen cars, after he reportedly held a gun to his head. The writer provides much information regarding the negotiation, his arrest together with his friend and being booked into Jail[8].  The reason for the writer to provide the information must have perceived these details to be of greatest importance other than the chase drama that led to his surrender. This includes the significance of his surrender that "eased fears that he would commit suicide" as appeared in the case in the letter[9].  Of course, the article also highlights other details about Simpson's chase but only to give light on how he slipped from police watch, the repercussions on anybody who would aid him in hiding and his denial as a culprit in the double homicide.  The article also gives details of previous details on Simpson's life probably to build a case that could relate to the murder charges. The writer highlights that Simpson "had a history of committing domestic violence against Nicole Simpson during their marriage" and "was always the focus of the murder investigation."[10] This enables the reader to have an understanding of Simpson's life before the case.

The Daily News article on O.J. Simpson's case focuses on his suicide letter before the chase.  As other newsrooms were giving reports on the case from their perspective, the reader may have wanted to the letter people get information from Simpson's point of view.  The letter involves Simpson's absolving himself from the murder charges targeted at him, an address to the family and the public. It is possible that the athlete was aware that the family and public knew of the event.  In the letter, Sampson touches on his relationship with Nicole and declares his love for her and that their differences are what put them asunder.  The article's presentation of the letter can be viewed as aimed to achieve a balance in the case by having the readers' access information on Simpson view of the whole case including the hype by the media.  This is seen by a claim by Simpson that "at times a have felt like a battered husband or boyfriend, but I loved her…"[11]  The article wanted the readers to View the case from how Simpson wanted them to see and perceive him. The two perspectives helps to widen the angle of publics judgment before making conclusion.  

 Conclusion

Different media houses cover similar events in distinct ways so as to have the best impression on the reader and capture information in a unique style .The article takes different approaches in presenting the case to the reader which gives broad information and wide perception of the drama. The letter by Daily News article ensures that the reader can have an understanding from different perspectives. While New York Times focuses on Simpson as a fugitive, Chicago Tribune considers the events leading to his arrest, the Washington Post article reports his arrest and the Daily Mail presents his suicide letter.

Bibliography

"O.J. Simpson’S Suicide Letter Before Ford Bronco Chase." Daily News (Los Angeles), June 18, 1994. http://www.nydailynews.com/news/national/o-simpson-suicide-letter-1994-article-1.2253587.

Hamilton, William and Spolar, Christine. "O.J. SIMPSON SURRENDERS AFTER FREEWAY DRAMA." The Washington Post (Los Angeles), June 18, 1994.https://www.washingtonpost.com/archive/politics/1994/06/18/oj-simpson-surrenders-after-freeway-drama/502f8d6c-865f-468d-bdb8-110cd04d127e/?utm_term=.744ba2e8d58e.

Mydans, Seth. "THE SIMPSON CASE: THE FUGITIVE; Simpson Is Charged, Chased, Arrested." The New York Times (Los Angeles), June 18, 1994. https://www.nytimes.com/1994/06/18/us/the-simpson-case-the-fugitive-simpson-is-charged-chased-arrested.html.

Schodolski, Vincent J. "Bizarre Events Finally End In Simpson's Arrest." Chicago Tribune (Los Angeles), June 18, 1994. http://articles.chicagotribune.com/1994-06-18/news/9406180062_1_eunice-simpson-al-cowlings-simpson-s-arrest.

[1] Mydans, Seth. "THE SIMPSON CASE: THE FUGITIVE; Simpson Is Charged, Chased, Arrested." The New York Times (Los Angeles), June 18, 1994. https://www.nytimes.com/1994/06/18/us/the-simpson-case-the-fugitive-simpson-is-charged-chased-arrested.html

[2] Ibid

[3] Ibid

[4] Ibid

[5] Schodolski, Vincent J. "Bizarre Events Finally End In Simpson's Arrest." Chicago Tribune (Los Angeles), June 18, 1994. http://articles.chicagotribune.com/1994-06-18/news/9406180062_1_eunice-simpson-al-cowlings-simpson-s-arrest

[6] Ibid

[7] Ibid

[8] Hamilton, William and Spolar, Christine. "O.J. SIMPSON SURRENDERS AFTER FREEWAY DRAMA." The Washington Post (Los Angeles), June 18, 1994.https://www.washingtonpost.com/archive/politics/1994/06/18/oj-simpson-surrenders-after-freeway-drama/502f8d6c-865f-468d-bdb8-110cd04d127e/?utm_term=.744ba2e8d58e.

[9] Ibid

[10] Ibid

[11] "O.J. Simpson’S Suicide Letter Before Ford Bronco Chase." Daily News (Los Angeles), June 18, 1994. http://www.nydailynews.com/news/national/o-simpson-suicide-letter-1994-article-1.2253587

Parole Process and Success

The ‘Division of Parole and probation' in Nevada prevent the offenders from committing both violent and nonviolent crimes in the community. The parole and probation officers use the traditional law enforcement and community correctional services to supervise the released individuals and other offenders who move from their state to Nevada. Officers play a great role in ensuring that the offenders comply with the community supervision. The officers deal with a caseload of offenders such as intensive offenders, residential confinement, sex offenders, general and low-risk offenders (NEVADA BOARD OF PAROLE COMMISSIONERS, 2012). The legislature declares that no one has a right to proclaim parole and probation as a right, but Nevada shows an ‘act of grace' to help the offenders reintegrate in the community and continue with their normal lives.  Before the judges provide the offenders with the privilege, a fair and just decision has to be made, and concern is put on how the victims and the community will be affected.

            On parole grant, prisoners are required to attain their parole eligibility. The Board can have a freedom of choice to grant the parole during the subsequent hearing or after the minimum eligibility dates. The Nevada Division of Parole and Probation conducts an investigation and waits for NRS 213.140 approval. To achieve effectiveness, the P&P ensures the assignation of release documents and parole agreements by the prisoner.  Furthermore, the Board is responsible for setting parole conditions by complying with the NRS 213 (NEVADA BOARD OF PAROLE COMMISSIONERS, 2012). The board is also responsible for controlling or supervising the parolee from the time of release until the end of the term of imprisonment. In Nevada, the Board plays a significant role in improving the criminal justice system with a goal of maximizing public safety and rehabilitation of offenders. The Board strives for excellence and adheres to ethics to ensure professional performance and fairness. It is also important to understand that it is not the role of the Board to measure the eligibility and the sentence expiration dates, but it is the role of the Nevada Department of Correction (NEVADA BOARD OF PAROLE COMMISSIONERS, 2012). The latter also measures the credits earned by the prisoners and maintains timekeeping records.

 In Nevada, the Department of Parole and Probation supervises 4,097 parolees annually, 9, 224 probationers and 3,463 gross misdemeanants annular and, 1,894 Nevada offenders move to other states, and 990 offenders come to Nevada from another state annually (Troshynski, 2013). The incarceration rate is 712 per 100, 000 and there is a higher rate of racial disparities since for one white incarcerated offender, 4.7 Black and 1 Hispanic are incarcerated. Two-third of 20,000 men and women are released into Clark County each year (Troshynski, 2013). The rate of re-incarceration in Nevada is low since offenders who commit new crimes are 26% (young offenders aged 18-25). The low number comprises of offenders who come from California and other illegal immigrants who commit new crimes. The primary reason as to why there is low recidivism in Nevada is that the ex-offenders get jobs and engage themselves in constructive things.

  Parole and probation benefit the ex-offenders in that once they are released into the community, they join the community correctional programs where they learn new desirable behaviors. Nevada has achieved its mission, goals, and mission of deterring crime, providing offenders with rehabilitation and more importantly protecting the victims and communities (Heuler, 2015). In Nevada, paroled offender face difficulties while in the community. For example, the American Civil Liberties Union reported that Nevada does not offer the required services to the parolees.  For this reason, 1 out of five parole prefers to stay in prison rather than entering in the community where they will not receive help. The Department of Parole and Probation does not have a proper guidance and release plan. Despite the fact that the department of P&P has re-entry coordinators and caseworkers, 60% of inmates do not meet re-entry coordinators, and 30% do not meet the caseworkers (Heuler, 2015). This means that lack of resources to support denies the inmates the opportunity for the life transition. Also, parolees face difficulties due to ‘substantial payment' they are forced to pay for housing.

To assist the parolee's transition, the department of corrections and rehabilitation in Nevada provides transitions programs for successful reentry into the society. The inmates gain literacy skills, job readiness skills, and prerequisite skills to prepare them for the job market. The department also ensures there are halfway houses for individualized continuity of care (Troshynski et al. 2016). The law enforcement ensures that the inmates have accessible resources where they receive skills and training. It collaborates with the corrections officers to offer supervision and apprehension support. The law enforcement provides tangible benefits to the ex-offender, to the victim and the community by deterring criminal activities, builds a stronger partnership, maintains stable families and increases access to the resource and public safety. Also, a nonprofit organization can assist the parolee in life transition by creating a community-based voluntary program. The organization can provide the ex-offender with training, mentoring during the reintegration process and education based on job readiness skills and, provide them with intensive case management to meet their mental needs, addiction counseling and support requirement (Troshynski et al. 2016). The state and local government should fund the non-profit organization in building Re-entry center and transitional housing.

Reference

NEVADA BOARD OF PAROLE COMMISSIONERS. (2012). Operation of the Board.  Retrieved from: http://parole.nv.gov/uploadedFiles/parolenvgov/content/Information/OpsBoardOctober2012.pdf

Heuler Mike. (2015). Nevada Fails Its Parolees, ACLU Says.  Courthouse News Service. Retrieved from: https://www.courthousenews.com/nevada-fails-its-parolees-aclu-says/

Troshynski Emily.,Kennedy M. Alexis., Sousa H. William, Madensen D. Tamara & Willis M.A Carolyn. (2016). Prisoner Reentry in Nevada: Final Report on the Hope for Prisoners Program. UNLV: CENTER FOR CRIME AND JUSTICE POLICY. Retrieved from: http://www.jrsa.org/pubs/sac-digest/vol-24/nv-PrisonerReentry.pdf

WHITE HATE GROUPS      

Introduction

According to the Southern Poverty Law Center, hate groups are people who vilify a class of people due to their mutable characteristics such as religious beliefs and immutable characteristics such as race. A hate group can also be defined as an organization that promotes hostility against other racial groups due to their immutable characteristics that differ from their own. The SPLC uses a hate map to depict the hate group in the U.S, the locations, and their activities. The organization also uses a variety of methodologies such as reviewing the news media, investigations, and group publications among other sources that help track the hate group activities. A report from Washington Post in February 2018 showed that the hate groups in the U.S are on the rise and the hate group that is growing at a faster rate is white supremacist movements.  For example, the total number of white groups in 2015 was 892, but the number increased to 917 in 2016 and 954 in 2017. It is noted that the white supremacist movement is proliferating where neo-Nazi groups have risen from 99 to 121, anti-Muslim from 101-114 among others groups. Through empirically research and literature review, the research paper finds that economic and demographic determinants are contributing factors to a hate crime. The ‘frustration-aggression theory' will show that unemployment, power, social and income inequality makes the feel frustrated and develop aggressive behavior toward a class of people in trying to demonstrate their self-worth. Furthermore, hate groups practice various activities such as holding meetings, rallies, socializing and organizing a political movement to express their ideology, display a sense of belonging and self-worth in the society. In discussing the hate group, the purpose of this paper to conduct comprehensive research on three areas.  First, the paper will provide an overview of the white hate groups, the second area is based on the prominent white hate groups in the U.S, and third, the paper will research the correlation between white hate groups and hate crimes. The research will show that the white hate groups contribute to racially-motivated crimes or hate crimes which leads to serious security challenge and wars within the community as well as across the nations. There is a higher growth of White supremacists- white people in America have a political ideology and beliefs that they are superior to other races, and thus identify various racial groups as inferior and their enemy. The ideology has caused racial prejudice and discrimination against minority due to the belief that the minority groups are the threat to the Americans by trying to minimize the white power and privileges.

Overview

There is a resurgence of hate groups and, this is a critical issue in the criminal justice system since the hate groups are bringing their racially-motivated crimes to prevent the Jewish conspiracy from controlling the government and the economy. The racially-motivated crimes are motivated by the political ideologies that the government is ineffective, and they introduce publications, journals, video cassettes, digital networks and other resources to spread their ideology to prisons, college campus, schools and other institutions experiencing interracial conflict (Catherine, 2018). The white hate groups are also influenced by the religious ideologies where they believe in ultra-fundamentalist doctrine such as creationism as a science, moral discipline, among other beliefs. The religious ideologies create the assumptions that Jewish people violate the societal laws and they are inferior. All hate groups including the white supremacists have common characteristic based on prejudice against other racial groups, and second, the hate groups are organized in a way that they have leaders and principles which guides their activities toward other ethnic groups (Joe, 2018). The Dominant hate group which is the white supremacist is empowered by the ideology of power that helps them believe that white race is supreme and should employ all efforts to maintain survival and to prevent the minority from obtaining power. The white hate groups focus on RIGHT-WING IDEOLOGY which states that the groups should oppose multiculturalism, feminism, immigration, and support or strive to maintain white supremacy, isolationism among other issues that relate to inequality. Other hate groups which are against the white hate groups criticize the right-wing ideology since it targets the minority and diminished democracy (Joe, 2018).

White supremacists are not the only hate group in the U.S but there are other hate groups such as Black Separatists and others minority hate groups who lack power, and they are striving to enjoy their rights and to obtain power (Gallagher & Lippard, 2014). However, these minorities hate groups are regarded as inferior due to their immutable characteristic and the dominant hate group focus on creating racial separatism or separate societies who have the white attributes and attitudinal and behavior align with the superior groups. Gallagher and Lippard  (2014) state that hate groups in the U.S hold informal meetings where the develops and shares ideologies and of hate and in vilifying the minority groups or other hate groups, they engage in hate speech in social media and they also use technology such as World Wide Web to recruit members and to share ideas.  In reality,  technology has played a role in empowering the hate groups in that in there was only one Web site that hate groups could use in sharing racist ideologies but the number increased up to 3,000 Websites in 2000 (Gallagher & Lippard, 2014). Hate groups used these Web sites as ‘cyber-hate' where they shared a message on racism, terrorisms among many. In researching how hate groups have led to hate crimes, the paper will show that as hate groups use the internet in sharing the racist ideologies based on terrorisms and more, the number of hate crimes increases. For instance, David Copeland used the internet to interact with racist politics and through interaction, he learned the tactics which he used to plant a bomb in London. Thus, despite the fact that the First Amendment gives the citizen the rights to freedom of speech, it is high time to regulate, monitor, suppress and combat online hate speech since the white hate groups are using inert as a platform of sharing racist ideologies (Gallagher & Lippard, 2014).

THE STATE OF WHITE SUPREMACY (WHITE HATE GROUPS)

 Today, White hate groups hold the beliefs that they should take actions to prevent the rising tides of non-whites from attacking or rather destroying the American society.  The supremacist ideology states that "we must secure the existence of our people and a future for white children” (Jung, Costa, & Bonilla-Silva, 2011). The white hate groups believes that the statement symbolizes the social and political reality which is based on preventing the white extinction. These ideologies rooted in 1800s when Black and white abolitionists had differing perceptions based on the role each group was to execute during the abolitionist movement (Jung, Costa, & Bonilla-Silva, 2011). During the abolitionist movement, North and South had racism ideologies and attitudes and although the Emancipation Proclamation changed the Northern attitudes slightly, they believed on white supremacy. On the other hand, the Southern believed that blacks were totally inferior and they established political and social groups that enacted laws and oppressed the blacks. During this period, hate groups such as Ku Klux Klan, Knights and the White Camellia were created in 1865 and 1867 respectively. These groups together with other hate groups denounced blacks and by 1877, the Southern had a dominant power in the south. Since this period, white supremacy rely on the ideologies that  white race is genetically  supreme than other races,  they  developed a white separatism  where only whites  could  live  in American society and separate from other races in terms of economic, social and cultural development since  minority races are parasitic evil (Jung, Costa, & Bonilla-Silva, 2011). The white hate groups established the right-wing terrorism to express their sentiments and aggression to Black societies who elected African-American president, Barack Obama. Even though the rise of white hate groups in U.S is high, the groups are not strong due to various factors such as death of their leaders, less capable recruits, imprisonment of leaders among other reason.  However, there are other strong white hate groups which are unorganized or rather white hate groups who are independent and who share racist ideologies in the internet. Today, majority of white supremacists do not join organizations but rather they use discussion forums such as Stormfront, Facebook and other social networking sites where they interact with each other on real-world issues. The white hate groups are not only unified by ideological ties but   salon subcultural ties and allows them to share rituals and ideas. White supremacist movement comprise different groups with common beliefs that whites are genetically and morally superior. Initially, the white hate groups targeted the Jews and the African Americans but today, the groups' targets all ethnic and religious groups and, individuals with different gender identities (Swain, 2004). 

 Typology

NEO-NAZISM

Neo-Nazi is a white hate group which expresses sentiments toward Jews and other minorities. The group was recognized in the 1950s, and the members have been expressing their feelings and practicing the ideology that Jews controls the government as well the economy, and more importantly, they violate the social norms. The group is divided into subgroups where some members express resentment toward non-whites while others focus on creating a fascist state. The group that forms a fascist state is influenced by the political ideology that is against liberalism and Marxism or in other words; they are against democracy (Swain, 2004).  The groups focus on the beliefs and practices of Nazism and maintaining the loyalty to Adolf Hitler. Neo-Nazism groups stick to the phrase ‘white power' that was developed by the founder of the American Nazi Party, George Lincoln. After the death of Lincoln, the American Nazi Party split and formed small neo-Nazi groups which started the movement until today.There are many Neo-Nazism groups and below are some of the prominent groups;

 National Alliance

This group is the most dangerous as it focuses on eradicating Jews and other minorities with the aim of maintaining the American homeland. They refer to themselves as ‘Aryan race' and believe that they should create new societies in the White world which will exclude non-Aryan values and customs.  In the National Alliance Website, the group state ‘temporary unpleasantness’ which means that as a dominant group, they will use their effort to bring war and genocide against the Jews (Swain, 2004). The group focus on restructuring and the world where Whites will express social and spiritual traditions regarding art and architecture, literature, mass media and more. The whites want to develop a sense of rootedness, a sense of responsibility and the moral compass which allows white to understand the moral and immoral nature. The National Alliance wants a strong and a centralized government that will establish the White living specs, support the white race, reorganize the society and, eliminates the racially destructive institutions. 

 Creativity movement

 This is a religious organization that was formed in 1973, and the group referred to itself as the ‘Church of the Creator.' The group believed that the minority and white races could not live on the same planet and for this reason, their declared war against the Jews since Jews were regarded as evil people who would bring trouble to the humanity (Swain, 2004). The group focused on eliminating the Jews to rebuild a new beautiful; world. The Creativity movement referred the white race as elite, unique and sacred and, the only race that demonstrates culture and civilization. On the other hand, non-white races were referred as ‘mud races,' and the group employed the term ‘Racial Holy War' or war against Jews toward achievement the inevitable victory.

National Socialist Movement

 This is a neo-Nazi group that was founded in 1974 with the aim of protecting the white civil rights and preserving the European culture and heritage.  In the National Socialist Movement Website, the group state that there should be immigration policies that will force the non-whites to return to their nations (Swain, 2004).  In 2007, Jeff Schope, the leader of the group stated that when the minority and white race mix, they degenerate and destroys the bloodlines of the races.  The group follows the actions of Adolf Hitler, and they refer to him as the Holy Father. An example of NMS protests against the minority happened in 2005 when the group attacked the black people in Toledo and led to devastating effects.

 Traditionalist worker party

 This is a neo-Nazi group that was formed in 2015 by Matthew Heimbach and Matthew Parrott who developed the Traditionalist Youth Network to support and encourage students to study traditional values.  After establishing the Traditionalist Youth Network, Heimbach and Parrot created a Traditionalist Worker Party and argued that the globalization and multiculturalism are a threat to the racially homogenous nations (Swain, 2004).  Heimbach and Parrot, the leaders of the group, acts as counter-protesters and favors diversity by stating that the nations should be made racially and culturally homogenous. However, they emphasize ethnopluralism-this means that humans are different and there should be racial separatism and avoid making America a melting pot and prevent intermarriages.  Even though they support homogenization, the leaders believe that cultures have their natural orders, but there should be boundaries since cultures remain distinct.

RACIST SKINHEADS

Initially, the group acted as just a rebellious subculture but later, the members engaged in racist violence where they attacked minority in different regions. Various bias-crime detectors report that skinheads are the worst criminals who mainly targets minorities. Racist Skinheads emerged in the 1970s in Britain and by 1980s, the group had spread to Western Europe and U.S (Swain, 2004). Racist skinhead has a similar ideology as Neo-Nazis (securing the White homeland) but what distinguishes them is the tactics to target the minorities and appearance. For example, the members of the racist skinhead conduct violent activities openly and they salon like hands-on violence. For instance, the group such as Vinlanders Social Club attacked a multi-racial couple in 2009 and killed the woman. Another murder occurred in 2012 when Wade Michael attacked a Sikh temple and killed six people, and four were injured. The Skinhead gangs attack the regional level, and the majority are independent-meaning that they do not form an organization, but they socialize on how to strike a specific region (Swain, 2004). The groups perceive violence as a recreational activity, and they use the term ‘boot party'-meaning that they use their steel-toed boots as a weapon rather than firearms to beat the victim. On appearance, the like wearing suspenders, dark boots and they also have unique tattoos. Examples of Skinheads include;  Vinlanders Social Club, Western Hammerskins, Golden State Skinheads, Travis Ricci, Keystone State Skinheads, the Atlantic City Skins, Sacramento Skins and more (Swain, 2004).

‘TRADITIONAL' WHITE SUPREMACISTS

 This group comprises all the groups that were against the minority and who refuted equal rights between Whites and African Americans. These groups were unaffiliated, but they had similar ideologies. The group has a radical ideology that white races are superior and there should be no equal rights between white and other minority races. These groups include;

Ku Klux Klan (KKK)

 The is the most Infamous white hate group that targets not only black American but also the Jews and people with different sexual identities. The group was founded in 1866 with the aim of resisting Republican Party's Reconstructions which supported political and economic equality.  Initially, the group acted as a social club but in 1867, the group developed Invisible Empire of the South' and this marked the period when the group rejected the policies of Radical Reconstruction and reinstated the ‘white supremacy’ (Gerstenfeld, 2013).  By 1870, KKK had attacked all the Southern states and formed branches all over. The KKK members demonstrate intimidation and violence toward the Republican leader with a goal of re-establishing the white supremacy. The groups were established after the Civil war with the goal of preventing African-Americans from exercising new civil rights.  During 1865, the group was organized, but later it was divided into various groups (Gordon & Overdrive, 2017). KKK did not only target the African Americans, but it prevented Catholics and Jews from migrating to the U.S. Even though at some point it declined, it emerged in the 20th century and during this period, the groups denounced immigration and prevented the development of the civil rights movement. The KKK comprise over 40 Klan groups found in States and local areas, but the majority are active in the Midwest, South and Mid-Atlantic States. However, since the 1970s, the groups have declined, and the evidence is rooted in the number of public demonstration they hold in America.  For instance, the total number of public demonstrations presented in a single State in 1994 was 10, and the total number of rallies demonstrated in the United States in 2014 was 10 (Gordon & Overdrive, 2017).  This evidence shows that there is a considerable decrease of demonstrations. The causes of decline are internal conflicts, government infiltration and court cases among other factors that have weakened the groups.  Examples of KKK include; United Klan's of America (UKA), Traditionalists Knights, Loyal White Knights, Sacred Knights, Patriotic Brigade Knights, Mississippi White Knights and more.

Council of Conservative Citizens

  This is a white supremacist group which was created in 1985, but initially, it was known as the White Citizens Council in the 1950s and 1960s (Gerstenfeld, 2013). The group is against the amalgamation of races and it publications condemn black people by calling them ‘a retrograde species of humanity’. The Council of Conservative Citizens follows an ideology that racism is rooted in the creation since God created humankind and divided the race into different types. Thus the act of mixing the races is defiance.  For example, America originated from European, and thus, Americans should not allow the massive immigration since different races will transform America to non-European State.  There must be laws and policies, affirmative actions and, military forces to prevent the illegal immigration and the mixture or races. The ‘White Citizens Councils' supported the school segregation though they did not want the battle. The council declined steadily, and the founder of the group and other white men formed the Council of Conservative Citizens (Gordon & Overdrive, 2017). The CCC was a group that vilified Jews, LGBT, and other minorities and named them as ‘genetically inferior'.  The newspaper, Citizens Informer published articles presenting the scientific evidence of white being superior. The critics argued that racial inequality is genetic and blacks are less intelligent and more aggressive.  The CCC is against the non-white immigration, and it is demonstrating against immigration (Gordon & Overdrive, 2017).

 The league of the south

 This is a Southern Nationalist Organization that focuses on maintaining the well-being of the Southern people in all areas including social life, cultural values, politics and economics. The group was initially known as the Southern League but later changed to the League of the South and focused on eliminating the ‘Cracker Culture'- a distinct culture which was brought by massive immigration (Gerstenfeld, 2013). The group demanded a theocratic government that could create a culture of hegemony. The members of the group argue that European Americans or Anglo-Celtic should run the south and be a European population, there should be no universal rights of man. First, there should be a re-establishment of the Southern culture, abjure the influence of post-Christian culture and eliminate the debased cultural climate (Gordon & Overdrive, 2017).  The League of South was against the interracial marriage and believed that to achieve the secession; there was a need for segregation since it could maintain racial integrity by creating a hierarchal society with superiors and inferiors. One of the leaders declared that non-white would live in South if they would accept the cultural dominance of white.

CHRISTIAN IDENTITY

 This is an informal organization that expresses their anti-Semitic and racist beliefs by asserting that  Jews or non-whites are ‘mud people'  and the Americans and Canadians descended from the ‘Lost Tribes'  which emerged after the invasions of  Israel (Quarles, 2004).   The adherents believe that to fulfill the end-time prophecy, Jews descended from Cain, and they should return to Israel. Although the group calls itself Christian, its ideologies are quite different from that of evangelicals and fundamentalists. The group used the British Israelism views that people of England are racially descendants and the views have influenced the Christian identity group in developing anti- Semitic interpretations.  They beliefs that God created non-whites when he was creating the beasts of the field, and so, non-whites are mud people. Also, all non-whites excluding American Indians were harmful and subhuman. Christian Identity believers have demonstrated violence acts such as firebombing synagogues (Quarles, 2004).  For instance, in 2014, McQuilliams was killed by trying to burn the consulate building.  Example of Christian identity groups includes; the America's Promise Ministries, Church if Israel, Divine Truth Ministers, Kingdom Identity Ministers and more.

WHITE SUPREMACIST PRISON GANGS

White supremacist prison gangs comprise criminal groups which engage in illegal activities and hate crime in the American streets. The group has about 100 prison gangs, and each group has over 500 members.  Whereas other hate groups such as neo-Nazis and KKK are declining, the prison gangs are proliferating, and the higher growth is leading to higher rate of crime and violence. These groups cause gang-related murders in streets, cities, home invasion, streets, and behind bars. Examples of States that suffer from the problem posed by prison gangs include Texas, California, Oklahoma, Oregon and more. Example of infamous prison gang group comprises; Aryan Brotherhood-this is a prominent group with over 2,000 members who act as a threat to the U.S states (Brook, 2011). For instance, in 2000-2015, AB caused 33 murders in Texas. The group practice all sort of crimes such as drug trafficking, gambling, murder-for-hire, gun running, heroin sales, identity theft and more.  The groups state that ‘blood in, blood out'-meaning that once a member joins the group, he cannot leave the group and if he decides to leave then he should be killed (Brook, 2011). There are suggested recommendations which the federal government should employ in dealing with problems caused by the criminals. First, track the prison gangs in correctional facilities and outside and report the dangers they pose. Second, the state corrections should report the committed violent crimes, and investigate the role of authority in combating the crimes. Third, the government should fund the law enforcement agencies to address the prison hand problems and create exit programs to help the criminals leave the activities. Other examples of prison gangs groups include European Kindred, Aryan Circle, New Aryan Empire, Southern Brotherhood and more (Brook, 2011).

WHITE HATE GROUPS AND HATE CRIME

Economic inequality between Wealthier states and poorer states contributes to hate groups and hate crimes

White hate groups and hate crimes are not new in the 21st century. The ‘Manifest Destiny' or the beliefs that American people are white and civilized and should have superior power over other minorities shows that the hate groups and hate crimes started back in the 15th century. During the latter period, American wanted westward expansion and displaced indigenous and forced them to be under the dominion of ‘civilized' Europeans (Schlembach, 2016). The hate group denounces a particular group of people due to their race, ethnicity, gender identity and other immutable characteristics.  (Schlembach, 2016) argue various research and studies have used the theoretical method to show the correlation between hate groups and hate crimes, but it should not be conclusive without analyzing the correlation empirically.  The authors use the panel data to analyses how to hate groups because hate groups in the U.S. The paper confirms that in 2002 and 2008, the number of white hate groups grew rapidly but the number of hate crime did not increase but it decreased by 1.3% (Schlembach, 2016). These data show that even though hate crimes occur due to hate groups ‘criminal activities, some factors influence the hate groups in committing the crime.  The factors that influence hate groups in engaging in criminal activities include economic determinants and demographic determinants.  The former determinant includes a higher rate of unemployment which leads to poverty and, demographic determinants includes race and urbanism.

 In economic determinants, the ‘frustration-aggregation theory' explains that when people experience economic hardships,  lack of employment and poverty, they feel frustrated and develops aggressive behaviors toward a particular class of people since they believe that the people of different class prevent them from attaining the goals (Gerstenfeld, 2013). In analyzing the correlation between economic determinants and hate crimes, economic determinants act as independent variables whereas hate groups act as dependent variables.  To understand whether hate groups contribute to hate crime, it is important to analyze the hate groups' level of income. The research was done indicates that wealth is a motivating factor of hate crimes in that unemployment and poverty or even economic downturns makes white people feel frustrated and develops economic impulses toward minority groups even if the vulnerable groups are not responsible for the economic decline. The point is that income inequality is a motivating factor for the hate crimes in that as the wealth for the elite class increases, the wealth for the working class decrease. Since the 15th century, American society involves two classes of people; those who have more resources and those with fewer resources. In other words, factors such as employment and income influence the economic and even political position of people in the U.S (Gerstenfeld, 2013). The social inequality hinders the middle-class people from attaining the American Dream. Thus, the social inequality which results in economic insecurity contributes to social issues such as hate groups and hate crimes. The author conducted a study to analyze the relationship between economic determinants and hate groups. The United States Census Bureau developed a five-year project. Data of hate groups and hate crimes were taken from both 25 wealthy states and 25 poorest states in the U.S. The findings showed that after the collection of data in five years, the total number of hate groups in the wealthy states was 446 while the total number of hate groups in the poorest states was 471 (BROWER, 2009).  It shows that the wealthier states (the population was high) had fewer hate groups whereas the poorest (the population was low) had, the higher number of hate groups.  It means that the income inequality has made the ‘angry white male' to develop aggressive behaviors toward the elite wealth in trying to eliminate the racial inequality.

 According to Perry (2002), the 20th century marked a period when the rate of hate crimes was higher and among the violence acts during this period was the murder of James Byrd, Benjamin Smith and Mathew Shepard and the school shootings. Since this period, hate crams have been occurring in the marginalized communities. In the U.S, hate crimes are presented by structural and cultural context where the hate groups create a racialized hierarchies. White hate groups present oppressive violence to the marginalized and powerless groups, and due to structural and institutional concepts, the marginalized groups do not get the opportunity to participate in the social setting. The structural and cultural exclusion makes the minority groups vulnerable to ethnoviolence (Perry, 2002).  Hate crimes arise when the dominant group constructs a culture that the other class of people should comply with. The non-white tend to desist from these new ways of life and opts to follow their won images and ideas.  When these groups steps outside the ways of life that whites have constructed, white people create intimidation and defines complex hierarchy where they become dominant over the minority groups. It is essential to understand that history repeats itself since the hate crimes that occurred in the 1980s and the ones that happened in 1990s. For instance, in the 1890s, the minority were vulnerable to institutional discriminations when struggling for rights and freedoms. Also in 1990, the black slaves exercised their new rights, and they ended up experiencing suffering due to Ku Klux Klan attacks (Jung, Costa & Bonilla-Silva, 2011). Perry (2002) employs the structured action theory to show that the white hate groups use the cultural construction concepts where they gain a structural meaning, establishes their dominance and perceives non-white as inferior and evil. White hate groups tend to demonstrate the white sexuality, punishes those who violate the norms.

 Conclusion

According to the SPLC, hate groups in the U.S are growing a higher rate. In 2016, the total number of hate groups was 917, and the number increased up to 954 in 2017.  Since 2014, the number has increased by 20%, and all groups have a common ideology against the non-whites. The SPLC plays a significant role in detecting and monitoring the hate groups and the hate crimes they cause in the states. SPLC reports that the rise of hate groups is increasing racist violence to ensure that they have dominion over other minorities. The major infamous white groups include; Neo-Nazi such as Ku Klux Klan, racist skinheads, traditional white supremacists, Christian identity and white supremacist prison gangs. The research paper has done comprehensive research on empirical studies and literature and has found that there is a correlation between hate groups and hate crime. Hate crimes have contributed to devastating effects on families and communities due to they're mutable and immutable characterizes. The critical point is that factors such economic determinants and demographic determinants influence the hate groups in committing the crime. For example, income inequality increase the poverty level and people feel frustrated and expresses their aggression toward a particular class of people.  

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