Criminal Justice Research

Introduction

The purpose of the study was to examine the long-term effects of restrictive housing. Wilderman & Andersen (2020) submitted a hypothesis that inmate in the restrictive housing faces unusual punishment. The data to prove the hypothesis stated that restrictive housing should be abandoned for four significant reasons. First, it is unethical to put inmates in solitary confinement; second, long exposure in restrictive housing damages the mental health of inmates; third, restrictive housing increases the violence rate and threatens the security of inmates and staff, and finally, restrictive housing increases recidivism. The author says that the criminologists have not paid attention to these consequences as they believe that inmates commit crime because already they have mental problems. Secondly, criminologist is not concerned about understanding the effect of restrictive housing or they do not conduct an assessment to evaluate the long-term consequences.  In addition to the inattention to the consequences, it is difficult to test or measure the consequence because inmates in restrictive housing need to provide information about consequences, yet they do not give the report. Secondly, analyses of the post-release information and preadmission information concerning the restrictive housing is not done, and low attribution among the inmates. Note that these are the most effective sources of data to measure the long-term consequences, yet the data is minimal.  However,  the Danish registry data and the Danish Prison and probation data provide evidence that restrictive housing has long-term consequences in that placing inmates in these facilities prevents successful reintegration and affects their mental health.  However, future research needs to use rigorous research methodologies to examine restrictive effects before and after release to implement the evidence-based interventions and help the correctional systems achieve its intended goals.

Summary

The main point of the article is that restrictive housing is a punishment cell, and it is unethical to place inmates in these facilities due to some reasons. The arguments are that restrictive housing causes psychological harm. This is because, while being in these facilities, inmates have insomnia, lack of concentration, lack energy and enthusiasm, they fell unhelpful, they do not think clearly, and they plan about suicide due to depression (Wildeman & Andersen, 2020). These psychological problems occur immediately they enter in the restrictive housing and after the release. The problems do not go away, and this means that they suffer from mental health throughout their lives. Due to mental health problems, they do not enter the labor market, or in other words, they lack employment.   It is important to note that there is a relationship between the lack of employment and crime, and this is an indication that inmates engage in criminal activities (Wildeman & Andersen, 2020). Another important point is that inmates are unable to return to the community due to poor re-entry programming, and labelling inmates as 'problem inmates'.  These two factors:  disruptions to programming and the labelling of inmates makes the inmate expertise the worse outcomes.

The authors derive qualitative evidence from Danish registry and Danish Prison and Probation and find that inmates' restrictive housing in Denmark experiences the challenges that other inmates experience in other developed democracies (Wildeman & Andersen, 2020). Inmates are placed in the administrative segregation due to disruptive behaviors.  In Denmark, the administrative segregation is known as   'the hole'. The doors are closed, and inmates stay there for 22-23 hours per day.  The data also shows that inmates placed in the administrative segregation increase the recidivism rate. In addition, the inmates do not participate in the labor force because of poor mental health.   This indicates that when inmates are released, the rate of employment is low (Wildeman & Andersen, 2020).  There is also evidence that inmates who are placed in solitary confinement are more likely to be convicted again or to increase recidivism than inmates who are punished with other disciplinary actions.  These reasons show that restrictive housing is associated with long-term consequences.

Critique

Overall, this is a good article that provides a reasonable argument that restrictive housing has long-term consequences.  The article uses quality research method; that it, qualitative research to support that restrictive housing. The sources of data   provides a rich set of information about the entire population, mental health, crime history, among other critical information (Wildeman & Andersen, 2020).  The authors correct data from 2006 to 2013 to compare the inmates and measure their experiences.  This article is well-written because it meets the hypothesis that restrictive housing contributes to life-course outcomes.   This is because, inmates are affected mentally, and this contributes to other negative effects such as poor participation in the labor market.  The title of the article is clear, and the authors have fulfilled   the purpose of the article in analyzing the long-term consequences of restrictive housing.  The article has provided an objective argument by providing facts from quality sources of data (Wildeman & Andersen, 2020).  The whole discussion is relevant in that   solitary confinement is the main cause of psychological distress in inmates, and the worse thing is that it increases criminal behavior.  This is an issue that needs because it is a constitutional and humanitarian issue. Even though correctional officials use solitary confinement as a management tool,   there is evidence that inmates experience unusual punishment (Wildeman & Andersen, 2020).  Significant results have been provided by the Denmark data that shows that inmates in restrictive housing have poor community re-entry.

While the article has merits, it has some limitations that need to be rectified in future research to assists the criminologist in understanding the consequences of restrictive housing.   First, the study lacks internal validity in that when analyzing the inmates in the restrictive confinement; there was no fandom distribution (Wildeman & Andersen, 2020).  Thus, it was difficult to measure the difference between the treatment and control groups. In addition, it was difficult to derive a cause and effect relationship as well as support the evidence.  In such cases, an exogenous variation is needed to explain the difference.  Another limitation is that the study does not test the common trend assumption. Note that the latter helps in differencing out the specific effects that may occur.   In conducting the research, it is important to note that the Difference in difference model contains change models that may affect the treatment and control groups (Wildeman & Andersen, 2020). Due to the lack of causal effects, it is difficult to test the level of mental health as a result of being confined in the restrictive   housing.  The last limitation   is that the study generalizes the results, yet the research on restrictive   housing shows a dramatic difference between Denmark criminal justice system and other prisons.  Even though some things are equal, it is difficult to associate the disciplinary segregation of different prisons. In future research, it is important to use cross-guard variation in order to detect the indecent variables and ultimately, the dependent variables.

Conclusion

 Even though the criminal justice system believe that restrictive housing is the best way to control the behaviors of the intimates, it is important to understand the mental health problems and behavioral issues that arise. Through a qualitative study, the article has provided evidence that inmates are mentally affected.  On this same note, the mental health effect is not short-term but it affects the entire of the life of the inmates. As a result, the inmates continue to engage in criminal behaviors since their re-entry in the community becomes unsuccessful. Moving forward, it is important for criminal justice to find alternative ways to punish inmates. This is an indication that new programs are needed in that the current method of punishes lacks effectiveness. Rather than shaping behaviors, it leads to repetitive misconduct and disorders and therefore, it is important to address these issues.  Focusing on the study, it is important to  advance the study   in a way that rather that  examining whether  the restrictive housing  is associated with  long-term consequences or not,   future studies should  examine if the restrictive  housing  is  achieving  its intended goal. The goal of the restrictive housing is to   promote safety and punishment, but according to the study, it brings more harm than good.  This is because, the inmates develop psychological effects and rather than changing their behaviors, they increase recidivism.  It is also advisable that future qualitative studies should not only focus on the effect of restrictive housing, but they should go further to analyses the effects prior to placement. This will help figure out of the long-term consequences occur due to conditions of the facility or they were preexisting conditions. A better way to come with compelling evidence is to examine the issue before placement and after release. If an inmate's changes his or her misconduct after being places in the restrictive housing, it means that there a justification in placing them in the facilities. However, if the restrictive housing does not achieve its intended goal or rather, it influences the inmates in engaging in criminal activities after release, it means that the practice is questionable.

Reference

Wildeman, C., & Andersen, L. H. (2020). Long‐term consequences of being placed in

disciplinary segregation. Criminology.

Freedom of the park

Introduction

Outside Hyde Park, five people were arrested and taken to court for selling newspapers in the park Orwell (1). They were charged for obstruction and all were proved to be guilty and charged. When ruling, the magistrate affirmed that the nature of the content in the newspapers did not influence him but his main concern was obstruction which is an offense and had been committed. According to the law, selling newspapers on the street is an obstruction only when a person defies a police order when they are ordered to move. It is sad thing to imagine that a person can be arrested and be charged for selling newspaper which is a business like any other.

According to Orwell (1), law enforcement is based on the judgment of the police and in this case clearly the policeman was influenced by the political deliberations. “The enforcement of the law depends on the discretion of the police.” If they had arrested other people that were selling papers that were not politically affiliated, it would have been a different case. But because it newspaper seller cannot defend himself or there are no laws to defend him, he is prosecuted. Unlike the continental gendarmerie or Gestapo, the British police support those that they consider as protectors of the individual possessions and they are not friendly to left-wing politics.

A question that is rarely talked about is, when a government is changed, what are the changes that are made in the administrative workforce Orwell (1). The existence of such manifestations of arresting people that are defenseless does not propose any changes happening. “However, the main point of this episode is that the sellers of newspapers and pamphlets should be interfered with at all”. For many years, in Hyde Park, it is normal for people who sell newspapers to position themselves and sell their publications and without being interfered with. The level of liberty that exists in the country is often overrated. There exist the right and liberty to speak which is done on any platform and in Hyde Park, which is a recognized open air space, you can say anything. No person is afraid to speak their mind and ideas from wherever they may want to do it. The freedom we enjoy is based on general thoughts because the law does not defend the common person.

The government implements laws but how they are followed is based on the general disposition in a country Orwell (2). ‘The point is that the relative freedom which we enjoy depends of public opinion” If many people are concerned with the liberty and right to speak, it is there and when the law prohibits it and the general judgment is slow, minors are charged regardless of the existing laws to protect them. The police officers have a right to arrest whoever they want and not follow the laws that have been put. There has been a reduction in the interest for individual freedom and that has reduced the concept that certain ideas cannot be heard. Intellectuals who do not differentiate between democratic and open disobedience have made it reflect in the increasing indifference to tyranny and lack of justice.

Conclusion

Arresting and charging people for merely selling newspapers is not a big issue when you compare it to what is happening in the world today. Very more serious issues that need to be looked into by the government are being overlooked.  It is a bad manifestation that anything like this is happening Orwell (2). It would be great if this and other incidences that have foregone raise a truly approved clamor and not lenient praise in the segments of the opposition press.

Works Cited

George Orwell. Freedom of The Park: The Orwell Foundation Retrieved from

https://www.orwellfoundation.com/the-orwell-foundation/orwell/essays-and-other-

works/freedom-of-the-park/

Explanatory Synthesis on Juvenile System

The juvenile system is made up of different sentencing rules, court formation, and juvenile detention facilities. It also includes juvenile probation officers and regulations that help to determine the offense. According to Arteaga (1), the juvenile system looks out to protect the community from violent juveniles as well as humanely treat the juvenile offenders. Because the two objectives are no longer reconcilable, the council has designed correctional reforms that make it possible to prosecute juvenile offenders to adult courts. Prosecuting juveniles as adults does more harm than good. These reforms increase the possibility that minors who could have been rehabilitated will face the outcomes of prosecution in the criminal court.

The reformers believe that juveniles should be responsible for their actions because if they are not made aware of their criminal actions they are more likely to commit the crime again or even a more serious one. To make juvenile offenders accountable for their mistakes, supporters of a more correctional federal juvenile justice system support that the laws that govern the transfer hearings take place must be changed Arteaga (1). This will ensure that the juvenile offenders that have committed the crime in the past and those that commit violent crimes do not continue. The federal prosecutors decide whether a juvenile offender should be transferred to the criminal court or should be judged in the juvenile justice system.

The supporters of the old and the separate juvenile justice system have both been critical to both the decisions concerning the system. Thomas & Bilchik (1) state that some have supported the transfer of juvenile offenders to the adult courts and others believe that the minors should remain in the juvenile system. The different opinions to this are that the juvenile system will be dismantled and the minors will be subjected to the harsh treatment of the criminal courts. Supporters of the old juvenile system believe that it should not be abolished and that the laws that govern the system should not be different from the ones used in the criminal courts.

Minors who have been on the wrong side of the law before and those who have committed serious crimes should be prosecuted in the criminal law. Being prosecuted in an adult court allows one to have more constitutional protections. Despite the protection, the disadvantages of it are that it involves more serious and extreme sentencing and most likely a juvenile can be subjected to serve time in an adult correctional facility. Criminal law does not allow immaturity and the fact that a person is minor as a legal excuse Thomas & Bilchik (1). A child below the age of 7 years is said to lack criminal capacity. As they grow into adulthood, the easier it is to initiate evidence that is convincing that the juvenile offender should be handled as adults who are responsible and can be prosecuted in criminal law. The older minors have no right to use immaturity as a defense.

In most of the states, a juvenile offender has to be 16 years of age for him to be eligible for a waiver to the adult court Arteaga (1). In other states, minors who are 13 years of age are also subjected to the waiver process. Other states subject minors of any age to the waiver process depending on the offense they have committed, for example in the case of a homicide offense. A court may accord a waiver petition and transfer a juvenile to an adult court if, the offense committed is a serious one, and if the juvenile offender has a long record. Another factor that is considered is if the minor is older and if there have been unsuccessful rehabilitation efforts in the past for the juvenile.

A juvenile offender should not be given the burden proof during transfer hearings because such a burden can give the prosecutor an intimidating tool for example to the poor juveniles Arteaga (1). This increases the chances of a juvenile who could be rehabilitated to be transferred to the criminal court. The transfer of juveniles who could have been rehabilitated makes the society unsafe. This is because the experience of juveniles in adult prisons and the stigma that comes with a lasting criminal record hinders their ability to become effective law-abiding citizens. The society is better protected when the rehabilitation laws prevail in the juvenile justice system. The juvenile justice system has traditionally been on the lookout to protect society from violent juveniles.

According to Ainsworth (1), the hearings that were conducted in the juvenile court happened too fast and were not conducted seriously. The attitude of the juvenile court personnel hindered the ability of the accused to have a just trial. The procedural inefficiency of the juvenile justice system was inadequate in comparison with that of the adult system. Several juvenile suspects waive their right to an attorney. The juvenile offenders that are not represented by an attorney fail to perform their operational rights successfully. They cannot challenge their detention and the charges against them. The right to represented by an attorney is important and essential for justice. Through prosecution waivers, a prosecutor can send a juvenile offender to a criminal court without any judicial hearing. This is in contrast with the judicial waiver which can be appealed.

Recently, compulsory waiver statues that require the unmanned move of juveniles to the adult systems have been put by the different jurisdictions. The compulsory waivers apply to juveniles who commit serious or brutal crimes Ainsworth (1). In some states, the waivers are focused on a certain age group where it automatically transfers the offenders to the criminal courts. One of the main reasons why compulsory waivers were put in the belief that minors committed the crime knowing that there are no serious consequences for those crimes. They committed serious crimes knowing that they would only face lenient punishments from the juvenile justice system. Compulsory waivers were passed to hinder the juveniles from executing the crime in the first place. After the introduction of the waivers, a test was done to show if they worked in reducing crime. The findings showed that there were no changes in the rate of serious crimes that were being committed by juveniles in the years that followed the introduction and adoption of compulsory waivers. This shows that prosecuting juveniles as adults in the criminal court had little or no impact on the criminal behavior of the juveniles.

The waiver policies have greatly increased the rate at which the juvenile offenders are transferred to the criminal courts and the number is more likely to increase. This is mostly due to the political pressure to get tough measures on the juveniles. This is a result of the highly publicized criminal act which motivates the lawmakers to increase the list of the crimes that should be subjected to the compulsory waivers Ainsworth (1). The transfer of juveniles into the criminal court is built on the aspiration to make solid laws for them. It is still not entirely clear if the minors who are tried as adults are subjected to severe punishments compared to what they would have if they remained in the juvenile justice system.

According to Ainsworth (1), research has shown that the juveniles who are prosecuted and sentenced as adults often receive a shorter sentence compare to that of the adults with equal offenses. Other researches have shown that juveniles who have been waived in the adult system receive lighter punishments compared to what they would have encountered if they were in the juvenile system. These findings clarify that the highest number of transferred offenders are property offenders. This type of offender in the adult court is given provisionary or short term jail rulings in the adult court. Another explanation is that judgment in the adult court is difficult and so many of the transferred cases are dismissed or end being exempted.

Conclusion

Juvenile offenders were initially rehabilitated in the juvenile facilities that offer rehabilitation programs. Transfer of the juveniles to the criminal court began due to the increase of serious offenses that were committed by the juveniles. Mandatory waivers were passed to transfer offenders of certain crimes to the adult courts for prosecution. These waivers were passed to reduce the rate at which the juveniles committed serious crimes.

Works Cited

Ainsworth, Janet E. “The Court's Effectiveness in Protecting the Rights of Juveniles in

Delinquency Cases.” The Future of Children, vol. 6, no. 3, 1996, pp. 64–74. JSTOR,

www.jstor.org/stable/1602594. Accessed 23 Apr. 2020.

Arteaga, Juan Alberto. “Juvenile (In) Justice: Congressional Attempts to Abrogate theProcedural

Rights of Juvenile Defendants.” Columbia Law Review, vol. 102, no. 4, 2002, pp. 1051–1088. JSTOR, www.jstor.org/stable/1123650. Accessed 23 Apr. 2020.

Thomas, Charles W., and Shay Bilchik. “Prosecuting Juveniles in Criminal Courts: A Legal and

Empirical Analysis.” The Journal of Criminal Law and Criminology (1973-), vol. 76, no.

2, 1985, pp. 439–479. JSTOR, www.jstor.org/stable/1143613. Accessed 23 Apr. 2020.

Juvenile Offenders

A juvenile offender is a minor who participates in unlawful behavior. This is a person who is typically below 16 years of age. The unlawful crimes that could be committed by a juvenile include, robbery, murder, rape, assault, weapon possession, drug use and possession among others. Juvenile crimes conviction should be treated differently compared to adult crimes depending on the seriousness of the crime. Juvenile offenders should be tried and convicted as adults when they commit serious crimes that result in death, torture and put human life in danger.

Krohn, Marvin & Lane (4) state that due to the concern of the increasing juvenile crimes, tough policies have been put to be able to fight juvenile crime remarkably. These tough policies include transferring serious juvenile offenders to adult courts. For a case to be considered a serious crime, a judge has to listen to the individual crime and determine if it should be transferred. Policies have changed throughout the years and states have transfer laws that automatically transfer juvenile offenders to an adult court depending on the crime committed. This has made juvenile crimes decrease significantly but the tough laws remain and are used where necessary.

According to Krohn, Marvin & Lane (440), the rise in juvenile homicide offenders led to the legislative policies that changed the duty of a juvenile system from a rehabilitation system to a more correctional system. The juvenile court changed its purposes from rehabilitation to protecting the people from juvenile offenders. Dealing with juvenile crimes and offenders would be more formal and will reflect the adult system. There was a change in the purpose of the juvenile system which was meant for rehabilitation and providing treatment to the offenders that were brought to the juvenile courts. It changed to a system that focused on protecting society and taking into consideration the victims of the offense. Increasing homicides by juvenile offenders led to prolonged sentences for the offenders and also the transfer of the offenders to the adult criminal justice system.

To deal with crime by juveniles, one approach to the problem is treating them as adults and this is an approach that is being adopted by many judges. Research shows that the majority of the people believe that juvenile offenders who commit murder should be tried and convicted as adults Bardess, Shelley & Schmidt (183). This is so because an offender who is capable of committing murder can understand the wrongful nature of the act. The main objective of juvenile courts is to reform rather than to punish. In some states, the juvenile courts determine whether an offender should be treated as an adult depending on their offense. When the juvenile offenders are treated as adults, they are tried and convicted for the crime rather than the rehabilitation and treatment given in the juvenile courts. When convicted as adults, their penalties may include those given to adult offenders.

Conclusion

Juvenile offenders who commit serious crimes should be tried and convicted as adults because these are people who can comprehend what they are doing. People have supported this law because it is effective compared to rehabilitation and paternalistic treatment. This has led to a decrease in juvenile crimes making the communities safe to live in and the victims of the offenses are reflected on. Considering the effectiveness of the system, more states and judges should adopt to it to help reduce and end juvenile crimes.

Works Cited

Bardes, Barbara A, Mack C. Shelley, and Steffen W. Schmidt. American Government and

Politics Today: The Essentials. Boston, MA: Wadsworth Cengage Learning, 2010. Print.

Krohn, Marvin D, and Jodi Lane. The Handbook of Juvenile Delinquency and Juvenile Justice. ,

2015. Print.

International Adoption

Over the last few decades, the issue of international adoption has been a centre for discussion with a greater number of individuals choosing it more than the domestic adoption. It was initially advocated for to help in providing support to orphans from countries which experienced disasters, and the parents of the children died, or they were abandoned. Although it has raised so many issues, including concerns where the biological parents claim the child, it is still in practice today. Besides, questions have aroused whether the issue of international adoption is a good practice or not. This paper will provide an argument that it is good exercise.

However, the issue of international adoption still have controversies with some individuals claiming that it’s a demand-driven-market for children, which then give parents from rich countries to establish their families at the expense of those from emerging countries who are forced to relinquish their babies because of the challenges they go through (Choy 86). This has raised issues with the emergence of two different groups considered as Samaritans and Family builders. For the case Samaritans, the family seek to adopt a child out of a desire to provide an opportunity of the child to have a family that will care for them and the other aims to create a family for themselves with the child. 

According to the United States Department of State, the number of children adopted by Americans in 2016 steadily declined with the number of boys becoming higher than girls for the first time on record. The number dropped by 77% in 2016 than its peak in 2004, and this is thought to be driven by a significant reduction in international adoption from five countries where the majority of the adoptees were born, for example, China, Russia, South Korea and Ethiopia (Budiman and Mark). The five countries accounted for about 71% of all adoptions to the US since 1999. Besides, the five countries revised their adoptions protocols which made it more difficult for Americans to adopt from the countries.

Furthermore, various studies have indicated that children from poorly developed countries or those who are victims of disasters have a number of challenging in addressing their needs. Others also find it challenging to live with their parents because of physical and emotional abuse. Besides, there are also cases in which individuals have little trust in the adopting parents, with the greatest fear of hurt by them. However, it also serves them the opportunity to have a safer environment where they can grow well. The level of security in the developing countries is also low with women, and young children become victims of assault which then makes international adoption a good thing for them.

Besides, the greatest conflict that is affecting orphans from the less developed countries is the issues of illnesses and disabilities. This is contributed by the issues of poor sanitation which then predisposes it to an outbreak of diseases and other conditions that have severe consequences on the well-being of the children. However, the highly needy individuals in these countries are the traumatized, sick, disabled and those who are older than five years. Unfortunately, majority the adopting parents ignore the needy ones such as the adolescents and go for babies. The good thing, in this case, is the issue of provision of the individual needs by the parents, including future medical purposes which will enable them to live a healthy life.

Also, a significant number of children adopted come from the developing countries where the standards of living are still low or in areas where the children are abandoned by their biological parents with no one to take care of them. International adoption provides an opportunity for such kinds of children to have people whom they can call parents and who can take care of their needs adequately with less struggle. According to various research findings, parents are the most influencers of child life to even an extent that it affects their mental growth and how they form a relationship with other individuals. Therefore, orphans getting a chance to grow up in a family that attends to their needs will help them to become better adults.

Additionally, international adoption helps children from poor backgrounds and countries have financial support. Globally, there are a significant number of families living below the poverty line with millions of children waiting to be rescued from abandonment and abuse. This has a higher risk for the children to go to the streets and engage themselves from poor practices such as substance abuse, prostitution and criminal activities (Interlandi). Besides, these occur because of the failure to meet their daily basic needs such as food, shelter and clothing with lack of education being a predisposing factor. International adoption helps children from this countries get a better chance with the ability of the adopting parents to provide the basic needs and any financial support they may require, which makes it a better opportunity for the children.

Apart from that, international adoption creates diversity in different countries which has various benefits to society. This is because early exposure to economic and ethnic differences among children makes them ready to face the multicultural world. It also promotes awareness and acceptance, which consequentially promotes better socialization and academic advancement (Interlandi). Therefore, international adoption has an impact on the growth of the economy, establishing varied and culturally vibrant communities and prevention of stagnation among them.

Also, the majority of the parents seeking international adoption are determined to provide selfless love with the children who then allows them to be in a stable home with better opportunities than what they had before. For example, access to the health needs of the child will be much better as compared to those they might have received from their families. This is contributed at times by the issues of lack of enough finances to enable them to afford insurance covers, thus resulting in the suffering of sick children. Therefore, this, together with love and attention from the adoptive parents, are among the reasons why international adoption is better for the children.

Furthermore, some of the adopting parents consider the issues of the background of the child and they choose to settle in communities where the children have a sense of belongingness. Although it is not a big issue in the currently culturally diverse communities, it helps in promoting better growth of the child. Besides, the main aim of the parents is to have a child and to help him/her to become a better member of society (Interlandi). However, in the United States, international adoption is not a concern because the controversies that were there before have significantly reduced, which offers an opportunity for different individuals to adopt. This occurred after various celebrities such as Brad Pitt and Angelina Jolie adopted their children from different countries. Hence, the children will be able to grow up in a normal environment where they will be well accepted with greater access to their needs.

In contrary to international adoption, various individuals believe that the children in the orphanages have relatives in the same region who can take care of their needs fully. They also claim that children should remain within their communities. The main challenge, in this case, is that there are a number of children who have relatives who are not in a good position to provide for them. The children are left in the orphanage despite the fact that some of the relatives are aware of the child. Based on this, international adoption plays a significant role in this case because of its effectiveness in providing the services the relatives could not. Thus, it is good practice.

In addition, the opponents of the practice also claim that offering financial support for the countries is a more effective way to give support to the orphanages rather than taking children out of their communities. The issue of providing funds to the countries is one of the effective strategies that can be used by the stakeholders, but international adoption creates more opportunities for the children than this (Choy 152). This is because of the personalized care, love and more attention that is present in adoption than in the orphanages. Apart from that, the issue of adopting helps in relieving the challenges that are faced by the countries to provide support for them because of the scarcity of resources that is commonly witnessed in underdeveloped countries. Besides, international adoption is useful because it helps in addressing the important requirements that the children needs and they cannot have in their countries because of the living standard. For example, financial support, parent protection and being accepted well in the society without stigmas

Furthermore, it has been claimed that international adoption has much more consequences. For instance, the opponents claim that it is exploitive and does not have much more benefits to the child than it is thought. Besides, they also indicate that it is a form of child trafficking, which should not be acceptable, and children should not be exposed to such experience (Orr 23). Also, the adopted children have no one to care for them, which then results in neglect and misery, thus resulting in psychological issues. However, various laws have been put in place of help in addressing such claims.

In conclusion, international adoption is a good thing in this current society and also in the future in providing children from poor backgrounds and countries with inadequate resources an opportunity to explore more into the world. Besides, the challenges children face due to failure to access medical services, food, proper shelter, clothing and education can be addressed well through international adoption. This is because the majority of the adopting parents have the capacity to provide for them and reduce their suffering, thus promoting their well-being. Although challenges are facing the issues of adoption, the risk is far much less than the opportunities that are offered to the child. Therefore, international adoption is good, and it is a practice to promote a better society.

Works cited

Budiman, Abby, and Mark Hugo Lopez. “International Adoptions to U.S. Declined in 2016.” Pew Research Center, Pew Research Center, 17 Oct. 2017, https://www.pewresearch.org/fact-tank/2017/10/17/amid-decline-in-international-adoptions-to-u-s-boys-outnumber-girls-for-the-first-time/.

Choy, Catherine Ceniza. "International Adoption and Cultural Insecurity.”." Handbook of Cultural Security (2018): 146-66.

Interlandi, Jeneen. “The Benefits of International Adoption.” Newsweek, 2019, https://www.newsweek.com/benefits-international-adoption-69311.

Orr, Shelly. "Human Trafficking Through International Adoption." (2018).

Should assisted suicide be a legal option?

 I will start my argument by saying that patients with terminal illnesses deserve autonomy and dignity. I do not see the need for allowing these patients so suffer from emotional distress. I want to apply the concept of autonomy and dignity to argue that terminal illness affects the normal functioning of the body and the patients lack control, and this leads to a feeling of hopelessness (Rodríguez-Prat et al. 4). They lack the value of life and develops a negative sense of dignity.  In addition, they lack self-identity, or in other words, they develop low self-esteem (Rodríguez-Prat et al. 9). They feel like they are a burden to the family, and they feel worthless and incapable. These patients desire control and autonomy. Rather than controlling the pain with medication and give them ‘undignified death', physicians should give them dignified death.  There is no need for allowing terminally ill patients to live in pain (Rodríguez-Prat et al. 10). They should hasten their death since the future would be worse. Patents should have the right to choose to live or not live. Their freedom should not be restricted since freedom is the ultimate opportunity a patient can have to decide whether he or she wants medical care or imminent death.  In general, terminally ill patients need the autonomy to make informed choices, including treatment decisions and ‘end of life' decisions (Rodríguez-Prat et al. 11). Assisted suicide should be legalized, and clinicians should respect the patient's autonomy interests. The law should protect the autonomy and allow them to make personal choices over their health. The law should be in the forefront to promote freedom and autonomy so that clinicians can understand their responsibility of respecting the patient's autonomy.

Work cited

Rodríguez-Prat, Andrea, et al. “Patient Perspectives of Dignity, Autonomy and Control at the

End of Life: Systematic Review and Meta-Ethnography.” PLoS ONE, vol. 11, no. 3, Mar.

2016, pp. 1–18. EBSCOhost, doi:10.1371/journal.pone.0151435.

Topic issue

United States prison population

Research Problem

Prison populations continue to rapidly grow within United States, which is becoming a major problem for the state. As of the year 2016, it was estimated that there were over 2.2 million adults in American prisons (Kann, 2019). This means that for every 100,000 people that live in the U.S, 655 of them were in jail. Maintaining these facilities, feeding and providing for the prisoners and also ensuring that proper security is provided is becoming very costly given that most on these prisons are operating at above full capacity.

Stance

            Although crime levels are what are motivating this growth, much of it is connected to sentencing rules and guidelines, the sentences lengths and the general public bias of crimes. This study will take a scholar practitioner stance in that it will concentrate on the minority races within the U.S prisons. The study will seek to understand the factors that drove them to commit crimes, their background and the severity of their sentences as compared to other races in the U.S prisons.

Philosophical world view

The issue of over population in U.S prions fits in the transformative world view. This view argues that causes determine conclusions, thus the issues that are studied by the transformativists replicate on the need to recognize and evaluate the causes that sway the consequences (DeWitt, 2018). A transformative view is reductionistic in that the intent is to reduce the concepts into a small, understated set to assess such as variables that comprise hypotheses and research questions. In this study, face to face interviews with the prisoners and written questionnaires will be undertaken at many prisons across the country. This will attempt to help understand the current situation in U.S prisons, the manner in which racial minorities are distributed and whether there are differences in their sentencing as compared to the other races.

Theory

The issue of prison population best fits in the social science inductive theory. This is because; incarceration is an issue that affects society and it is best understood by understanding human beings and their relationships with the society. An inductive approach is best suited in this study because it will begin with observations through the interviews with the prisoners after which theories will be proposed based on the observations. The patterns, regularities and resemblances in the data acquired from the interviews will help to understand the concept of over population in the U.S prisons and how racism affects it all.

Background

Prison population began to grow during the 1970s during the administration of President Nixon when politicians used fear and racism to push for punitive policies in the U.S. The U.S population is not uniform, there are many minority groups. Prison population exploded in the 1980s during the administration of President Reagan which rose from 329,000 to 627,000 eight years later (Gramlich, 2019, Bazelon, 2019). This rise mostly affected the people of colour and this has been the trend over the years.  Though there have been many increases in equality of treatment across races, it is clear that there is still a long way to go. The historical election of the President Barack Obama into office as the first black president in U.S history played a great role in improving the rights and equal treatment of minority races (Pfaff, 2019). There are however many social economic examples of racial differences in factors such as employment and the rate of incarceration.

The rate of incarceration has risen differently over the years dependent on the race. The African American incarceration rates have been 184% and that o the Hispanics has been 235%, this is in contrast to the non-Hispanic whites that have been 164% (Grattet & Bird, 2018). Throughout the U.S, there is an average of three African Americans for every four serving time in prison. This is an incredibly high rate and it is not proportionate to the rates for the non-Hispanic whites. The question hence remains, what is driving the high rates of imprisonment for minority races.

Research Approach and design

This study will use a qualitative approach combined guided by a narrative design and open ended interviewing for data collection because it is more suitable. The study will use open ended questionnaires to acquire information from the prisoners on matters race and incarceration and therefore an inductive approach will effectively help the researcher to come up with the correct theory to explain prison population.

Hypotheses and variables

There are three hypotheses for this study;

Logical Hypothesis 1: as the total number of racial minorities rise, the incarceration rate will increase.

The minority population is the independent variable for this hypothesis.

Logical Hypothesis 2: as the country’s citizens become more liberal in ideology, the incarceration rate will decrease. The independent variable in this prediction is the rate of liberal ideology in U.S citizens, while the dependent variable is the rate of incarceration.

Logical Hypothesis 3: An increase in the amount of people living in poverty will cause incarceration rate to increase.

The independent variables in this prediction are unemployment rates and the percentage of the people living in poverty within the U.S. the dependent variable is the rate of incarceration.

Purpose of the study

The purpose of this study is to develop a better understanding of the issue of prison over population and its effects. The study also helps to bring to light the impact of incarceration for minority races and the role that poverty plays in prison population. The study also helps to bring an understanding on alternative sentencing policies that could be used to help deal with prison population in the U.S.

References

Pfaff, J. (2019). THE MYTHS OF MASS INCARCERATION: What reformers get wrong

about crime and punishment. America, 220(4), 18–25. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=134632295&site=ehost-live

Grattet, R., & Bird, M. (2018). Next Steps in Jail and Prison Downsizing. Criminology &

 Public Policy, 17(3), 717–726. https://doi.org/10.1111/1745-9133.12383

Bazelon, E. (2019). THE FUTURE OF... Unlocking Prison Problems. American Scholar,

88(4), 12–13. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&db=tfh&AN=138245567&site=ehost-live

DeWitt, R. (2018). Worldviews: An introduction to the history and philosophy of science.

Kann, D. (2019, April 21). The US still incarcerates more people than any other country.

Retrieved from https://edition.cnn.com/2018/06/28/us/mass-incarceration-five-key-facts/index.html.

Gramlich, J. (2019, April 30). The gap between the number of blacks and whites in prison is

shrinking. Retrieved from https://www.pewresearch.org/fact-tank/2019/04/30/shrinking-gap-between-number-of-blacks-and-whites-in-prison/.

 Introduction

            Police ethics also termed as criminal justice ethics is basically the study of ethical standards as they are applicable in the field of law enforcement. Ethics is regarded as being a set of principles of moral values that aid in governing individual conduct or that of the members of a profession. The ethical courses are needed by individuals who desire to be recruited as the law enforcement officers (Barker, 2011). The main focus for them on the subject matter that is principally guided social values and the needs of social institutions. From these perspectives, it implies that the law enforcement institutions are compelled to function according to the formulated police practices as well as the ethical guidelines that are consistent with societal standards. The reason behind that is because it is one of the platforms that assist in maintaining public trust whilst executing their daily duties (Payam, 2016).

            Nevertheless, police ethics have been perceived to be an important aspect of the modern law enforcement system which aid in facilitating efficient crime control practices in the society. It, therefore, implies that it is the combination of standards, training, and law that also assists police offers with the capability of controlling and maintaining ethical behaviors while on duty. Having the means of ensuring that force has been used legitimately while holding a certain position of authority requires police officers to ensure that they adhered to strict ethical or moral standards to evade corrupt or controversial abuses of power (Payam, 2016). The need of policing the community is essential because it assist in bringing moral situations into greater consideration that revolves around situations, such as, citizens complaints, cultural profiling, immoral investigations, deployment of force, departmental affairs, procedural justice, recruitment and mediation, and so on.

Law enforcement and community values

            According to research, since police ethics are perceived to be the rules that guide the behaviors of the law enforcement officers, they are mainly based on all that the society considers to be right or wrong. What this implies is the fact although the definitions of wrong or right might keep on changing over time; ethics will have to remain constant. Despite that, what be deemed as to be ethically wrong or right can also differ greatly from what is regarded being legally right or wrong. In the law enforcement institutions, ethical standards also incorporate other values, for instance, allegiance, courage, integrity (Biggs & Naimi, 2012). Values are basically individual behaviors and ideas that assist in shaping ethical ideals in police departments. The reason for that is because research indicates that personal values are also shaped by situations such as personal experiences, upbringing, ethnicity, and religious beliefs. What individuals who desire to be enrolled as law enforcement officers need to understand is the fact that these values have to align with the beliefs and the culture of their society or the people they serve. Ideally, each person has unique values and therefore might not be considered as being an appropriate foundation for police professional ethics (Haberfeld et al., 2004).

Law enforcement oath

            An oat is basically a formal promise that a person makes voluntarily whenever he or she honestly intend to do what he or she says. Usually, law enforcement officers do take an oath as a way of promising to uphold the law. Obviously, the oath consists of provisions concerning upholding, protecting, as well as defending an individual’s country. It, of course, incorporates the pledges to act honorably, honestly, soberly, to shun offensive behaviors, as well as to obey the directives of senior officials within each department. In the process of taking such an oath, the police officer promises to be upstanding citizens as well as being part of the solutions and not part of the problems. This also takes into account the need of pledging to follow their departmental rules, without considering whether they like them or not (Haberfeld et al., 2004).

            Nonetheless, what they have to understand once they have taken the oath is the fact that they will be held responsible to higher standards as compared to the general public. Since they take an oath to serve and protect, part of their duties will entail to be ‘above reproach’, whether on duty or not. Each state, federal, or country has their own standard operating procedures (SOPs) that assist in regulating the does and don’ts of the law enforcement officers. Essentially, these regulations are aimed at protecting their departments and not them (Popa et al., 2012). It is the responsibilities of the police officer to be conscious with their departmental ethical behaviors through behaving morally when on duty or off duty. Additionally, in the process of acting honorably, it is anticipated that all police officers must admit their mistakes. Naturally, more respect can easily be reserved for those officers who admit that they messed up as compared to those who deny or lay the blame to others (Biggs & Naimi, 2012).  Truthfully, there are high chances of a person getting fired faster when he or she lies which in return will ruin his or her law enforcement career. It is, therefore, important for the law enforcement officer to understand what the oath truly means.

Code of ethics

            Codes of ethics are regarded as being the instructional aids that are established by the law enforcement departments to assist police officers in defining expectations and standards of behavior. Any law enforcement officer is anticipated to ensure that he or she has complied with code of ethics through outlining all the guidelines to moral behavior. In order to be more effective, what this implies is the fact the code of ethics ought to be part of their demeanor. It is also their responsibility to ensure that they have learned on how to ethically live and think so as to evade conflicting behaviors (Martin, 2011). Although the oath office assist in laying the groundwork for fostering ethical behavior, the majority of the agencies end up codifying the practices that they desire to promote as well as those they anticipate law enforcement officers to avoid. The reason for that is because it has the likelihood of guiding them towards ethical decision-making.

            Nevertheless, there are certain provisions within the organization’s code of ethics that to promote safeguarding property and lives, the significance of avoiding prejudice, as well as the acknowledgement that the emblem is an icon of public trust. This is to imply that police officers ought to ready always to follow and enforce the law. They are expected to be good examples to the general public as well as demonstrate to them how to behave morally, rather than some of the entitlement mentality they are accused of displaying so often ((Popa et al., 2012). The following are some of the requirements that are stipulated by the code of ethics

1. a) Primary responsibilities- On the other hand, it is the responsibility of the police officer to ensure that he or she has acted as the representative of the state who is trusted and obligated to execute their duties just within the law. The powers and the duties of the law enforcement officer are always bestowed by statute. Maintaining peace, serving the community, protecting property and the lives of the privileged, and the innocent, guaranteeing the rights to all to justice, equity, and liberty are some of the primary duties of police officers (How the New Ethics Code Will Affect Your Standards, 2019).
2. b) Execution of duties- according to the codes of ethical standards, all law enforcement officials are required to perform their work impartially without ill will, affection or favor, and without consideration to religion, race, political aspirations or beliefs, or status. It is the right of any person to be created with dignity, consideration, courtesy. They should not allow friendships, animosity, or personal feeling to be the basis for influencing their official conduct. They have the task of ensuring that the law has been enforced courteously and appropriately and when on duty, it is important for the officers to ensure they harnessed maximum collaboration from the general public. This in return has the potential of inspiring respect and confidence (Davis, 1991).
3. c) Discretion- police officers are required to utilize the discretion vested in their position responsibly as well as exercise it just within the law. The determinations of the officer will have to be guided by the principle of sensibleness or reasonableness. It is also important for the officer to take into consideration the nature of the surroundings before deciding whether to take any legal action of not. The wise and consistent use of discretion is something that is relied on professional policing competences, which in return aid in preserving better relationships as well as retaining the assurance of the general public. Although there might be difficulties in deciding between disagreeing courses of action, it is vital to use timely word of advice to assist in correcting such a situation (Martin, 2011).
4. d) The application of force and confidentiality– any police officer is not required to employ pointless violence or force. He or she can only use force in the expulsion of responsibility only in a reasonable circumstance. Although at times the deployment of force can be seldom unavoidable, it is important for the officer to ensure that he or she has refrained from applying the unnecessary infliction of suffering or pain. Moreover, whenever a law enforcement official learns, hears, sees about something that is confidential in nature, it is important for him or her to keep it a secret unless legal provision or performance of duty necessitates him to react. Since each person has the right to privacy and security, any information collected from them should not be inappropriately divulged (How the New Ethics Code Will Affect Your Standards, 2019).
5. e) Integrity – according to the ethical code of conduct, it unethical for a police officer to participate in bribery and corruption or overlook such acts. The demand of the general public is that the integrity of the police officer ought to be relatively above reproach. Therefore, he or she should ensure that they have avoided any activities that could compromise their integrity and in return destabilize the confidence of the public with their law enforcement agency. Likewise, police officers should not accept favors, presents, gifts, promises, or gratuities which can make them to refrain executing official duties within the law and sincerely. Public respect is something that is cultivated and not for purchase (Schlossberger, 2016).
6. e) Collaboration with others – it mandated for all police officers to ensure that they have legally cooperated with other authorized agencies as well as other associate representatives. The reason for that is because it is their agency with the collaboration with other that has the potential of ensuring that they have the required law enforcement services just within the area of jurisdiction. What this implies is the fact that it is imperative for them to assist their coworkers to comply with the required ethical standards (Tyler, 2016).
7. f) Professional or personal capabilities – the ethical standards stipulates that it is the responsibility of the law enforcement officers to ensure that they have understood their obligations when it comes to the need of taking reasonable opportunity that fosters the need of improving their competence and knowledge. Through experience and study, it is possible for any police officer to have the likelihood of acquiring such parameters that will boost his or her duty performance effectively. The reason for that is because the acquisition of knowledge is not something easy taking into account their professional and personal developmental skills. Ideally, it is important for the officers to ensure that they have behaved in a way that do not induce discredit to their departments or themselves (Martin, 2011). The reason for that is because it is their duty to ensure that they maintained a position of individual respect within the community that they serve.

Conclusion

            According to this study, it evident that each country end up adopting or drafting national code of ethics that any law enforcement officer is anticipated to abide by. As a result of that what this is the fact that each state will have the propensity of enabling police departments to adopt the code of conduct they consider suits the requirements of their society. What this implies that it is the responsibility of the law enforcement officers to ensure that they have managed to think as well as act ethically in the eyes of the general public. Any situation the officials might be in, the response he or she might have to take has two main factors that are, action and reaction.  The reaction is perceived to be an individual emotional response while the action is regarded to be the manner in which the officer handles the situation.

            On the other hand, ethical training that the police officer do receive is aimed at ensuring it has enabled the need of understanding the significance of responding to actions that are law abiding as well as taking personal motivation into consideration. Any action that forces a police officer to do the wrong thing just for a wrong cannot be regarded as being one of the means of acting ethically. It, therefore, implies that when a police officer fails to act ethically is what will ultimately result to the continued of loss of public trust, jeopardizing investigations, as well as exposing departments or agencies to liability issues.

            Nonetheless, it is the responsibility of the police officers to ensure that they have collaborated together taking into consideration the public demands. Although it is paramount for them to lead by example, it is important for them to ensure that they have followed the principles of policing, make hard choices that compel them to ensure that they have done the right thing regardless of the situation they might be in. It is through acting right that can enable them to offer the level of services that the community desires as well as enabling them to make a huge difference in their life and the life of others.

            Regardless of the negative behaviors that the general public could have noted from the few, the truth is that there are some police officers who are dedicated to work and remain to be truly good. Such individuals have been noted to have the ability of striving to work towards serving the general public as well as doing the right thing. What this implies is the fact any single disreputable action by any police officer is what will result to the termination of his or her work. Although all law enforcement officers might act and look the same in the eyes of the general public, the truth is that individual behaviors is what distinguishes them. Last, but not least, due to the fact that police ethics are ultimately based on social values, it becomes easy to discern the differences that exists between right and wrong.

                                                            References

Barker, T. (2011). Police Ethics : Crisis in Law Enforcement (Vol. 3rd ed). Springfield, Ill: Charles C Thomas. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&db=nlebk&AN=385602&site=eds-live

Biggs, B. A., & Naimi, L. L. (2012). Ethics in Traditional Policing: Reflecting on a Paramilitary Paradigm. Franklin Business & Law Journal, 2012(4), 19–39. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&db=bth&AN=85669472&site=eds-live

Davis, M. (1991). Do cops really need a code of ethics? Criminal Justice Ethics, 10(2), 14. https://doi.org/10.1080/0731129X.1991.9991900

Haberfeld, M. R., Klockars, C. B., & Kutnjak Ivković, S. (2004). The Contours of Police Integrity. Thousand Oaks, Calif: SAGE Publications, Inc. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&db=nlebk&AN=474636&site=eds-live

How the New Ethics Code Will Affect Your Standards. (2019). CPA Journal, 89(5), 11–13. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&db=bth&AN=136413928&site=eds-live

MARTIN, R. (2011). An Analytical Look into Police Ethics. FBI Law Enforcement Bulletin, 80(5), 11–17. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=64282379&site=eds-live

Payam, M. M. (2016). Police Officers’ and Candidates’ Views on Professionally Unethical Behaviors: The Elazığ and Malatya Case. Turkish Journal of Business Ethics, 9(1), 20–24. https://doi.org/10.12711/tjbe.2016.9.0002

POPA, M., NAGHI, M., & ISOPESCU, A. G. (2012). Code of Professional Ethics of the Police Officers - Instrument for Behavior Improvement. Managerial Challenges of the Contemporary Society, (4), 110–116. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&db=bth&AN=97821296&site=eds-live

Schlossberger, E. (2016). Engineering Codes of Ethics and the Duty to Set a Moral Precedent. Science & Engineering Ethics, 22(5), 1333–1344. https://doi.org/10.1007/s11948-015-9708-3

Tyler, N. (2016). Talking Ethics with Cops : A Practical Guide. Springfield, Illinois: Charles C Thomas. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&db=nlebk&AN=1403251&site=eds-live

Is Policing a Craft or a Profession

Police officers undergo training before they are considered as a police officer. Citizens usually expect the police officers to have wisdom, strength, courage, kindness, as well as excellent leadership skills (Lumsden, 2017). However, poor performance from the new police officers may result to poor performance and negative attitude from the community which thus affect the community relation, the impact on crime and also a civil liability, therefore, proper training is vital in improving the performance outcomes (Rowe, Turner & Pearson, 2016).

The training of the police officers has sparked issues about whether policing is a profession or a craft. A craft is an activity where the initial skills are gained during job training, and it needs innovative capabilities and manual instructions (Fleming & Rhodes, 2018). On the other hand, a profession is where skills are initially transferred to the recruits through a curriculum that is taught in the academy which will later be improved through experiences in the field.

Most of the police officers have argued that policing is a craft, and an individual needs to have passion rather than academics. They claim that academics are not necessary for police work, and a proper police officer needs only a good experience and knowledge of his/her job (Rowe, Turner & Pearson, 2016). Besides, others claim that policing is a profession putting academics as a main feature, and they believe someone cannot practice what they do not know.

Policing has been argued to have the critical features of a profession; one of it is the issue of having specialized knowledge and skills that are needed in delivering the services to society. Police officers are usually involved in frequent decision-making while on duty, and high-quality decisions are generally made when individuals have a good knowledge base and experiences concerning the issues at hand (Lumsden, 2017). Therefore, continuous professional training is usually necessary to improve the knowledge and skills which are gained in academics and also in the field. It is impossible to pick someone and take to the ground without knowing the requirements and ways in which policing is carried out.

Furthermore, there is accreditation done through professional organizations. This indicates that a police officer has specific qualifications for them to practice policing. For an individual to be an expert, he/she must meet specific requirements for them to qualify to be a candidate, for example, before recruitments and thus policing is a profession.

A profession also requires the needs of initial orientations towards the services and clients, and this is usually done in policing (Lumsden, 2017). The new police officers are generally oriented on the kind of services they offer and how they are done, which includes the area of service provision. The services provided by the police officers require a certain level of skills and knowledge that meets the expectations of the citizens, and just like any other profession, one needs to know how things are done and to generally familiarize with the environment before offering the services (Stanko & Dawson, 2016).

In addition, police officers should also have considerable discretion given to its members. It is a fact that, policing involves confidentiality during provision of services and must also include excellent communication skills to avoid issues of disrespect and to cause offense in various situations while providing their services to the citizens, and this is one of the features of professionalism. The police are also given the freedom to make decisions on what should be done with a particular situation that they come across with (Lumsden, 2017). Therefore, it is essential for them to understand what the law says before carrying out certain activities such as arresting a person. This can only be practiced well through professionalism.

Besides, the main goals of the policing are to reduce neighborhood crime, to enforce law and order and also to respond quickly when needed. Thus, they do not carry out their duties to make profits. It, therefore, places them under no competition with other organizations, which then promotes professional services to the members of the public (Dunham & Alpert, 2015).

There are various changes that have occurred for the past decades mainly in technologies, and also best practices have also rose and thus police officers also need to embrace the models for learning best practices, timely relevant information and new strategies that will promote service delivery to the citizens and achieving their goals (Dunham & Alpert, 2015).

 The debate to differentiate policing as a craft or as a profession has brought in a lot of issues, and a number of them describe it as more of craft than profession. The issue of job training supports the claim that it is a craft. The experiences that are learned in the field are considered as the most important part that provides them with skills that a police officer should always have and therefore, police work cannot rely on academics (Stanko & Dawson, 2016). Unfortunately, a police officer needs to have knowledge of the aspects of policing, which therefore requires them to have specific qualifications to enable them to provide the best service.

In conclusion, I believe that policing is a profession just like other professions in the medical field. It cannot be possible for a police officer to perform well in the area or even make better decisions without a good knowledge base of what policing involves.

References

Dunham, R. G., & Alpert, G. P. (2015). Critical issues in policing: Contemporary readings. Waveland Press.

Fleming, J., & Rhodes, R. (2018). Can experience be evidence? Craft knowledge and evidence-based policing. Policy & Politics, 46(1), 3-26.

Lumsden, K. (2017). ‘It’sa profession, it isn’ta job’: Police officers’ views on the professionalisation of policing in England. Sociological Research Online, 22(3), 4-20.

Rowe, M., Turner, E., & Pearson, G. (2016). Learning and practicing police craft. Journal of Organizational Ethnography, 5(3), 276-286.

Stanko, E. A., & Dawson, P. (2016). What Should Be the Balance Between ‘Craft Experience’and ‘Scientific Evidence’. In Police Use of Research Evidence (pp. 63-63). Springer, Cham.

Policing and DHS

State police officer’s main duty is to maintain law and order within the jurisdiction of a certain state.  They maintain law and order through patrolling, enforcing laws, ensuring that peace is maintained. Mostly the state police are the ones with the jurisdiction over crimes in the area. They also hold primary jurisdiction over laws that pertain to the manufacture or control the sales of a substance. State police play an important role in enhancing Homeland Security.  DHS is responsible for protecting the United States from within, at the borders and outside the country, and are prepared to respond to emergencies. On behalf of DHS state police ensures that they respond to emergencies, identify illegal immigrants in their states, arrest probable suspects, and protect crime scenes (Reid, n.d).

In some cases, the state police department are forced to refer to the Department of Homeland Security and other law enforcement intelligent agencies. In investigations that involve terrorism and immigration the state police department notifies other agencies such as DHS.  The state police are expected to participate in sharing information with other law enforcement and intelligence agencies in order to prevent and detect all acts of crime and terrorism. State police officers are people who are required to meet the ethical expectations in place. officer’s off duty life, and always upholding law and rights of the country are examples of ethical practices. Maintaining off duty life requires the police officer to maintain a personal life that reflect on the integrity that comes with their position in society. To be ethical they have to adhere to the laws of the country and respect the rights of the civilians they serve (Moll, 2007). In order to maintain a good reputation, it is necessary to put into practice the ethical requirements. There is no validity to the counterargument of others who believe otherwise since to be ethical certain standards have to be set and met.

References

Reid, S. (n.d).  the duties of State Police Officers. Retrieved from;  https://work.chron.com/duties-state-police-officer-15152.html

Moll, M. M. (2007, June). Improving American police ethics training: focusing on social contract theory and constitutional principles. In Forum on Public Policy: A Journal of the Oxford Round Table. Forum on Public Policy.

Policing

Introduction  

Crime has been a major issue in society and policy makers have sought out different means of putting an end to criminal activity as well as punishing criminals. Since law enforcement officers carry the responsibility of preventing crime and apprehending criminals when crimes occur, the law enforcement department has had various improvements as it tries to evolve and better deal with crime related incidents. With new threats and crime rates constantly going up, law enforcement officers have had to operate under serious public scrutiny and this has led to even more alterations in the way they operate. While the changes implemented are meant to make it easier for law enforcers to perform their duties, the policies tend to have both positive and negative impacts on how well law enforcers carry out their responsibilities after the implementation of these changes.

            Police departments are now forced to operate under high levels of transparency that did not exist in the past. Civilians not only want to be protected, they also need to know how the police go about performing their duties and this opens up room for more scrutiny from the public. The introduction of community policing has also pushed police departments to promote positive relationships between the police and members of the community. Other than ensuring their security, law enforcers also have to work with civilians to get a better understanding of the community and how to best protect it from crime. While community policing helps to identify criminal activity early in advance, it gives the police more work as they have to interact and assess information provided by the public before deciding on the appropriate course of action. There is also the introduction of various forms of technology that are a requirement for today’s law enforcers. The technology also makes education a necessity as the police must have the skills and knowledge needed to operate the technology and implement its use in the field.

Changes in Hiring

            One area that has been impacted by the changes in policing is hiring, especially in relation to convincing individuals to apply to be law enforcement officers. In the past, those applying for law enforcement positions were driven by the desire to work and the passion to help others or make society better and safer (Smith, 2016). In today’s society, those I the law enforcement occupation do not just work to make the community safer, but also because it is a way to earn a living. Recruitment agencies must therefore come up with various benefits and compensations to entice individuals into considering a career in law enforcement. There is also the fact that crimes have become more serious and the lives of law enforcers are constantly at risk (Smith, 2016). Recruitment agencies must therefore seek out individuals who have no problem endangering their lives. The challenge however is that; those willing to take the job are aware of the risks and therefore expect more compensation from the agencies.

            Recruitment agencies also have to include increased training as part of the recruitment process, especially with the different forms of technology and advanced procedures used when apprehending criminals and solving crimes. Even with the advanced forms of technology and the implementation of well-structured policies, their implementation and use depends on the skills and competence of the law enforcers (Bond, 2014). The success of the changes implemented in law enforcement therefore relies on good training and exemplary leadership skills as this ensures that those recruited are competent and capable of accomplishing all the tasks and responsibilities expected of them.

Limitation by the federal court

            While most changes implemented are designed in such a way that will make it easier for law enforcers to carry out their duties, some are, to some extent, a violation of the law enforcement officer’s human rights. A good example is the provision where most law enforcement officers are required to wear uniforms (UN, 2002). On the one hand, uniforms make it easier for the public to identify police officers and also to help set them aside from civilians. This however, is a violation of the law enforcer’s freedom of expression as the uniforms are mandatory (UN, 2002). Since the uniform does not prevent law enforcers from carrying out their duties or improve success, forcing them to wear uniforms infringes on their rights and could make it even harder to catch unsuspecting criminals. The uniqueness of the uniforms makes it easy to identify police officers and those engaged in crimes can stop whenever they see a police uniform.

            Another way in which the federal law infringes on the rights of law enforcement officers is in relation to participating in protests. Since police officers serve the role of maintaining peace and preventing crime, they are required to play a neutral role in most issues that trouble society (NAS, 2018). When members of the community decide to protest, federal laws prevent police officers from participating in such activities even is they may be in support of the protest. Law enforcement officers are therefore unable to show their support and instead have to maintain order, at times having to result to using force against people protesting issues that the police officers may also be against (NAS, 2018). While members of the public can show their dissatisfaction with policy makers and policies implemented, law enforcement officers have to maintain their loyalty as this is a requirement for all police officers.

Constraints on law enforcement

            There is also the issue regarding the constraints brought about by the policies implemented by law enforcement agencies that affect how police officers carry out their duties. A good example is the need for probable cause especially during search and seizures (Means, 2018). Despite being trained on how to identify criminal activity, police officers must also ensure that any action they take before apprehending a criminal is backed by enough evidence to prove beyond a reasonable doubt that the police officer had enough reason to apprehend a suspect. Police officers must therefore be positive that whatever actions they take is backed by enough cause and this often slows down the rate in which justice is dealt. In cases where police officers do not have probable cause, criminals may get away with their crimes or take longer before being apprehended.

            Other constraints include the introduction of technology in basic law enforcement procedures as well as the need for educated and skilled law enforcement officers. With the changes introduced in law enforcement departments, technology has become a big part of how police officers go about performing their duties (Means, 2018). The constant technological developments mean that police officers have to keep learning new skills in order to operate the technology and this adds on to the already huge workload involved in maintaining law and order. Education is also a constraint as it limits the responsibilities assigned to specific individuals based on their academic level (Means, 2018). While education is an added advantage, successful policing relies more on experience and knowledge gained while on duty. Education takes away time that could be spent training officers and is therefore a constraint, despite its positive impact.

Effect on leadership

            When law enforcers make mistakes, the blame falls not only on the individual, but also on their supervisors. A good example is the Arizona v. Johnson case. Johnson was arrested after the car he was travelling in with his friends was stopped for a traffic violation. While the stop and seizure was lawful, the police officers continued questioning of Johnson regarding his criminal background was seen as a form of police discrimination (Wallentine, 2009). This was after the court ruled that the police officer did not have probable cause to search Johnson and even though he was found in possession of drugs and a weapon. Another example is the City of Canton v. Harris where Harris fell multiple times while she was being taken to lock up. When the police asked if she needed medical attention, the plaintiff declined but was later taken to the hospital by relatives after she was released (Wallentine, 2009). During trial, the commander in charge when she was taken to the station was accused of negligence and recklessness as it was his responsibility to ensure that all suspects are treated in a humane way and that medical assistance is provided to those injured. This was despite the fact that the neglect was in the hands of law enforcement officers and not the shift commander.

In both cases, the blame fell to the leaders as they are responsible for the conduct of the police officers under them.  Since police officers follow orders from their superiors, most of the blame falls on the leaders, eve when the mistakes could not have been anticipated (Wallentine, 2009). Leaders have a responsibility of ensuring that law enforcement officers have the training and skills to perform their duties as in line with the constitution and policies that govern society. Even with the challenges and constraints that exist in policing, law enforcement officers must always strive to maintain law and order.

References

Bond M, (2014) “How education impacts police performance” Public Safety, retrieved from,             https://inpublicsafety.com/2014/07/how-education-impacts-police-performance/

Means R, (2018) “Supervisory Liability” Hendon Media Group, retrieved from,             http://www.hendonpub.com/resources/article_archive/results/details?id=2742

National Academies of Sciences, (2018). Proactive policing: Effects on crime and communities. National Academies Press

Smith, S (2016) “A Crisis Facing Law Enforcement: Recruiting in the 21st Century,” The Police Chief 83

United Nations, (2002) “Human rights and law enforcement” retrieved from,             https://www.ohchr.org/Documents/Publications/training5Add2en.pdf

Wallentine K, (2009) “Law enforcement and the law” National Police Foundation, retrieved        from, https://www.policeone.com/legal/articles/1964272-PoliceOne-Analysis-12-            Supreme-Court-cases-affecting-cops/

Foundations of the Development and Functions of Police

Question 1

Probable cause can be defined as having sufficient facts, evidence, and trustworthy information that an offense has been committed (Harr & Hess, 2008).  It is important to understand that probable cause exists within the police knowledge, what the police have heard, what they observe, and what they know.  In other words, there should be a totality of circumstances which means that police should evaluate a number of factors and find a probable cause (Harr & Hess, 2008). The probable cause is important since it justifies searches and arrest and more importantly, the reasonable person supports the claim. Harr & Hess (2008) says that before the police engage in a lawful search or arrest, there should be a probable cause.  In other words, there should facts and evidence that an offense has been committed so that the police can start the process of search. It is also important to understand that probable cause comes from two sources: observational probable cause- this comes from government agents. The officers justify probable cause through using their own senses. For example, police officers may observe questionable or suspicious furtive conduct of an individual and develop a totality of the circumstances (Harr & Hess, 2008). For instance, in Illinois v. Wardlow,   the suspect was in a high-crime area and when he saw the police he escaped. This was a probable cause that the suspect committed or was planning to commit a crime.  The second source of probable cause is informational probable cause. This means that police can derive facts and evidence from official sources such as police broadcasts and other official police channels, and informants and witnesses (Harr & Hess, 2008).  The information from these sources is credible and sufficient to develop a probable cause.

            Houston (2016) assert that in establishing a probable cause, police officers must use the approach of all-elements approach.  However, it will be difficult to conceptualize the probable cause in that considering all elements will intensify unjustified litigation. In addition, the defendant may argue that the probable cause did not justify all elements and this will result in financial strain on the enforcement bodies (Houston, 2016).  Another point is that a police officer may establish a probable cause by analyzing past behavior to predict future behavior. Thus, it will be difficult to conceptualize or make abstract theory due to lack of specific facts for every element of a crime.

Question 2

Search and seizure are conducted to gather evidence for illegal activities. The Fourth Amendment states that individuals are protected against unreasonable searches.  However, it does not mean that the government agents should not conduct search and seizure but it means that they should conduct reasonable search and seizure.  Police are allowed to search and seizure either with search warrants or without (Jenkins, 2011). First, police officers must have a probable cause that a crime is committed. Then, after having a probable cause, they should receive a search warrant from the judge and after receiving the warrant, they should search and arrest the offender.  Arrest and search can be done with a warrant and this means that the police officer should obtain a warrant (either a written or a computer-memory warrant) from the judge and the warrant allows the police to enter a building to search for evidence (Jenkins, 2011). Note that the warrant contains specific items to be searched and the police cannot search what is not indicated in the warrant.

On the other hand, police officers can conduct a search and arrest without a warrant.  A seizure and arrest can be accomplished without a warrant but with a probable cause.  For example, some offenses may be less serious and obtaining a warrant may be unnecessary (Jenkins, 2011).  Another example is that the police officer may observe a crime being committed such as smelling marijuana-such cases may not require a warrant and the officer may conduct a search and arrest the criminal.  In general, a warrantless search occurs under exigent circumstance or in other words, it appears when the police officer has facts and evidence that a crime has happened and he or she must act immediately to prevent more harm (Jenkins, 2011).   Police may also prevent the destruction of evidence such as escape.

Advantages of search with a warrant are that there are facts and evidence supporting an arrest. Note that the officer has a reasonable basis that there is a probable cause and as a result, he or she is not civilly liable (Jenkins, 2011).  However, there is a disadvantage in that officers must highlight suspicious activities and they should not use their subjective beliefs (Jenkins, 2011).  They should provide proof and firsthand knowledge and as they obtain the warrant, and they should only search the property described in the warrant.

 The advantage of search and arrest without a warrant is that a police officer can conduct a search and seizure anytime as long as there is evidence of wrongdoing (Jenkins, 2011). In addition, a warrantless search limits the governmental power and in case of arrest, the suspect remains innocent until further investigations.

However, the disadvantage is that there might be a legal technicality or in other words, the suspect’s trial may be dismissed since the officer did not have a search warrant. The court may expect the officer to forward evidence and reasonable cause to the law but due to lack of evidence, the suspect may be considered innocent (Jenkins, 2011). Note that the law enforcement focuses on conduct or in other words, it is concerned with the evidence rather than the actual crime.

 Thus, it also important to understand that police arrest most of their arrests without a warrant due to reasons such as offense is committed in police officer's presence, police has a reasonable cause that an offense has been committed and the suspects have committed the crime (Jenkins, 2011).  Police officers also consider factors such as the suspect may flee or conceal himself, the suspect, may conceal evidence, and the suspect may cause more damage to the property or to another person.

Question 3

 Focusing on adult and juvenile law, it is important to understand that juvenile law or juvenile justice system addresses youths' criminal cases in juvenile-specific courts.  Another important point is that both youths and adults who commit crime face charges, both are protected from self-incrimination, and lawyers in both criminal courts can examine witnesses (Loeber & Farrington, 2012). However, there are legal/philosophical differences in terms of addressing law-violating behaviors. The major juvenile-adult boundaries are founded under the jurisdictional age, transfer laws, and blended sentencing (Loeber & Farrington, 2012). The first difference, which is jurisdictional age means that there is age limit-meaning that the minimum age for a juvenile is 17years. Youths who commit crime are handled in juvenile courts whereas an individual who are 18 years and above are handled in criminal courts. The other difference is transfer law such as the judicial waiver laws- juvenile court system have waiver jurisdiction whereas adults criminal courts have exclusive original jurisdiction. Another difference is that the juvenile justice system or law focus on keeping youths away from the destructive punishments and encouraging rehabilitation (Loeber & Farrington, 2012). The system views the adolescents as people who need assistance and believes that rather than punishing the adolescents, they should be provided with assistance and meet the best interest.   It is important to understand that in juvenile law, juveniles are considered as not guilty of the crime and for this reason, they are taken to the rehabilitation center to receive training and get reintegrated into society (Loeber & Farrington, 2012).  On the other hand, adult law focus on punishing the offender and protecting society.

 These differences affect the manner in which police must deal with a juvenile in that police must understand that even though youths are incarcerated, the latter is not an end in itself (Corriero, 2006). When punishing the young offenders, police must understand that the primary purpose of punishing is to redirect their lives.  Even though punitive sanctions are applied, it should be viewed as a strategy of modifying the child's deviant behavior (Corriero, 2006).  Note that when adolescents are incarcerated, after release, some will continue committing a crime in the society whereas some will utilize the guidance and skills gained to change their lives.  To allow adolescents to develop positive behaviors, the juvenile justice system should focus on rehabilitative approach or in other words, should focus on educating and providing therapeutic treatment.

Question 4

Under the Fifth Amendment, citizens are protected against double jeopardy, and against self-incrimination. Under the Sixth Amendment, citizens have right to counsel, among other rights (Miller & Jentz, 2013).  Protection against double jeopardy means that when a defendant is found not guilty, the government should not provide multiple punishments for the same crime.  This protection is important in that a person cannot be tried twice for the same offense (Miller & Jentz, 2013). Another benefit is that the court establishes finality of criminal proceedings and the prosecutors' power is limited. The offender is protected from the financial and emotional burden that he or she could bear if tried twice. Protection against self-incrimination means that the accused should not be forced to testify. This protection is important as it protects one against torture from the police officers (Miller & Jentz, 2013). The third protection is right to counsel. This means that a criminal suspect should have an attorney who would counsel and advice the defendant and more importantly ensure that the defendant's rights are met (Miller & Jentz, 2013).   This protection is important since the accused has the freedom and defense and is protected from an unfair trial.

It is important to understand that if these protections and rights were completely ‘eroded', things would turn sour.  For instance, if the protection against double jeopardy was eroded,    individuals would face multiple prosecution (Miller & Jentz, 2013).  The government would harass the citizens and the citizens would suffer a lot due to the financial and emotional toll.   Note that the protection has limited the power of the prosecutors and this means that if the protection was eroded, the prosecutors would have a huge amount of power and would impose multiple punishments (Miller & Jentz, 2013).  On the protection against self-incrimination, citizens would be coerced or tortured by the police officers.  If they remain silent to police interrogations, the citizens would be considered guilty. Note that individuals would be intimidated by the police power and they would end up confessing anything (Miller & Jentz, 2013).  Last, the right to counsel plays a significant role in protecting an individual from unfair trial.  However, if the protection was eroded, the citizens would not be allowed to look for a lawyer to defend him or her (Miller & Jentz, 2013).  The court would conduct an unfair trial and the citizens would encounter many false convictions.

Question 5

Police patrol officers at Tucson neighborhood stopped a car for a vehicular infraction.  The officers suspected that individuals using the car were involved in criminal activity.  One officer approached Johnson who was at the back-seat and questioned him.  During the interrogation, the officer learned that Johnson had been in prison. The officer asked Johnson to come out of the car, and because he suspected that he had a hidden weapon, he frisked him and found a gun.  Johnson was taken to court and charged with possession of weapons. Johnson requested the judge to suppress the evidence but he was denied the request. The court held that the police officer did not violate the 4th amendment and thus, he was lawfully seized.

 Relative to the court decisions, my opinion is that the police officer did not violate the 4th amendment. This is because the search and arrest were under a reasonable ground or in other words, there was a reasonable suspicion that a crime was committed. The police relied on facts and circumstances to believe that the car occupants had committed a crime and that is why she stopped to question them.

References

Harr, J. S., & Hess, K. M. (2008). Constitutional law and the criminal justice system. Belmont,

CA: Thomson/Wadsworth.

Houston, C. (2016). Probable Cause Means Probable Cause: Why the Circuit Courts Should

Uniformly Require Officers to Establish Probable Cause for Every Element of an

Offense. U. Chi. Legal F., 809.

Jenkins, J. A. (2011). The American courts: A procedural approach. Sudbury, Mass: Jones and

Bartlett Publishers LLC.

 In Loeber, R., & In Farrington, D. P. (2012). From juvenile delinquency to adult crime: Criminal careers,

justice policy, and prevention. New York: Oxford University Press.

Corriero, M. A. (2006). Judging children as children: A proposal for a juvenile justice system.

Philadelphia, PA: Temple University Press.

Miller, R. L. R., & Jentz, G. A. (2013). Fundamentals of business law: Summarized cases.

Mason, Ohio: South-Western Cengage Learning.

Findlaw. (2019). ARIZONA v. JOHNSON. Retrieved from: https://caselaw.findlaw.com/us-supreme-court/555/323.html