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Rehabilitation and Recidivism

 

Abstract

            Rehabilitation involves reconstruction of an individual after an episode of life disorganization. It is aimed at bringing back life in to normal state. Recidivism is a situation where one repeats an offence after being punished of the same. Overcrowding in the prisons is mainly caused by presence of many prisoners who are mostly awaiting trials. Some of the causes of overcrowding are recidivism and imprisonment over minor cases. Another cause of overcrowding is prolonged retention of criminals in remand. Overcrowding might lead to many suicidal cases and escapes from the prisons. This is because it goes beyond the staff capability to monitor the large numbers of prisoners and when they become aggressive and cause chaos. In the process, they end getting frustrated and decide to escape or commit suicide. Some strategies to control the population include; lowering the rate of prisoners, realignment and application of other options of sentencing the offenders is useful for those who have committed less harmful and less serious cases rather than being imprisoned

Introduction

            Rehabilitation is where there is restoration of something to its normal state The purpose of rehabilitation is to bring back some or all the sensory, mental and physical energies that had been lost due to a certain event like disease, injury or criminal cases that had significantly interfered with the normal life. Recidivism refers to a case where one repeats an offence after being punished of the same. Prison overcrowding mainly happens when there is many prisoners who are mostly awaiting trials. Recidivism and imprisonment over minor cases are some of the causes of overcrowding in prisons. Another cause of overcrowding is prolonged retention of criminals in remand. Overcrowding might lead to many suicidal cases and escapes from the prisons. This is because the officers are unable to care for the overflowing number of prisoners and when they become aggressive and cause chaos. In the process, they end getting frustrated and decide to commit suicide. Some strategies to control the population include; lowering the rate of prisoners, realignment and application of other options of sentencing the offenders is useful for those who have committed less harmful and less serious cases rather than being imprisoned directly.

The Process of Rehabilitation and Recidivism

            The main goal of the programs that are found in rehabilitation is to lower the cases of recidivism.  In order to achieve an effective rehabilitation there is requirement of some principles. These include; principles of responsivity needs and risks. The risk principle aims to determine which group of offenders is at high risks in order to major the target on the. The needs principle major on what are the needs among the risk groups because these are the most people associated with recidivism. Lastly, the responsivity principle majors on how the rehabilitation programs will be delivered to the offenders in order to meet their needs (Shaul, Koeter & Schippers, 2016). Motivation is usually a key in the principle of responsivity. Motivation is considered to be essential during the rehabilitation program and highly determines the nature of outcome.  The government can be able to contribute to behavior change among the offenders through imposing external motivation. This enables the offenders to adapt on behavior change even after the control is over.  However, recidivism levels in the system of criminal justice outlines that the implications are not usually enough to change the behaviors of the criminals. The main aim of interventions by the law of justice over the criminals is rehabilitation as well as provision of a prolonged protection of people from crime cases. The ability to retain the behavior change after active control requires support through intrusive motivation. This can be achieved through applying techniques of interviewing motivation. It enables an individual to practice on positive behaviors and gain confidence in doing the same.

Causes of Overcrowding

            Overcrowding has been highly associated with recidivism. This mainly involves cases where the offenders have been accused of repeating offences. This leads to prolonged stay in the prison thus causing overcrowding. Another reason is imprisonment over minor cases (Gabriel, 2018). Any behavior that is harmful causes the offenders to be imprisoned thus leading to overcrowding. This makes the prisoners to flood within the cells and dormitories. Having the fact that the cells have been constructed to host only one prisoner, being overcrowded therefore means that there is occupation of more than one prisoner in a single cell. The size of the prison environment does not relate with recidivism but it has been found that there are high cases of offences in smaller prisons. Another reason is that many of the suspects are retained in remands as the police action is taking place in carrying out investigations. The investigations usually take many years and majority of such cases are murder incidences. The magistrate usually takes the offenders to remand where they might stay forever and this greatly yields to prison overcrowding. The cases are kept pending with the feeling that the investigation is under process. These criminals end up spending the rest of their lives in prisons and might even die within.

Effects of Overcrowding

            There have been major several effects of overcrowding in the prisons. One of them is suicidal cases (Fazel, Ramesh & Hawton, 2017). This has been associated with inability to offer care to the many prisoners in the cells. Overcrowding can be viewed as a case where in a prison where two offenders are being placed in a cell that has been meant to be occupied by a single person. In other cases, overcrowding might be viewed as cases where the number of the imprisoned in the dormitory is greater that the space available. Such cases have been impacting into negative effects among the prisoners. Overcrowding has been associated with numerous cases of immoral behaviors like suicide among inmates. These cases of misconduct have been highly associated with increased aggressiveness states, irritability and high cases of frustration among the inmates. As a result of increased capacities, there have been many cases of violation of the rules in the prison environment. Later on, there emerges chaos and irritability which might cause the victim to commit suicide. As the criminal is fighting others, there might emerge cases of harm to others or even deaths.

            Some prisoners in the overcrowded prisons are at risks of escaping. This has been associated with the overwhelming numbers which are beyond the capability of the soldiers’ supervision (Scott, Petrossian, Mellow & Peterson, 2018). They usually make way-out tunnels where they plan to escape through. This might happen without the staff knowing because it is not possible to monitor the large numbers. The fact that the criminals are in the position of escaping from the prison without official leave might end up failing to yield any kind of notable behavior change. After some time, they will be found in recidivism and end up in prison again. There is also failure to access rehabilitation programs which would rather assist them to have reconstruction in to normal life.

Control of the population

            Due to increased rates of overcrowding in prisons which have been leading to poor safety and healthcare among the prisoners, some strategies to control the population ought to be applied, for example lowering the rate of prisoners (Wootton, 2016). This can be done through avoidance of putting everyone who is caught with violence into prison. In depth investigations should be carried out to weigh the offence in order to determine if really it is worth imprisonment. Another way is through realignment. This will enable to reduce the number of the imprisoned offenders in the state prisons, lower the number of people who are being put in the prisons, lower the cases of re-offences and increase the ability to mingle easily with the community after finishing the imprisonment term. This will also enable the countries to develop an evidence-based strategy to be used while judging cases of imprisonment. By so doing, there will be just imprisonment and reduced cases of people who go to cells without having committed crimes hence reducing victimization cases. Application of other options of sentencing the offenders is useful for those who have committed less harmful and less serious cases rather than being imprisoned directly. This can be done through imposing relevant punishments. Shifting the monitoring of the offenders accused with less-threatening offences to the counties for supervision by the officers who are there rather the state is also another way of reducing overcrowding in prisons. Application of these strategies will highly facilitate to control of population in the prisons.

Conclusion

            Rehabilitation is meant to lower the cases of recidivism.  In order to achieve an effective rehabilitation the need, risk and responsivity principles are essential. Through this, the individual is assisted to go back to normal life that had been disorganized by the cause of imprisonment. Recidivism and imprisonment over minor cases are some of the causes of overcrowding in prisons. Another cause of overcrowding is prolonged retention of criminals in remand. Overcrowding might lead to many suicidal cases and escapes from the prisons. This is because the officers are unable to care for the overflowing number of prisoners and when they become aggressive and cause chaos. In the process, they end getting frustrated and decide to commit suicide. Some strategies to control the population include; lowering the rate of prisoners, realignment and application of other options of sentencing the offenders is useful for those who have committed less harmful and less serious cases rather than being imprisoned directly.

 

 

 

 

 

 

 

 

 

 

 

Reference

Fazel, S., Ramesh, T., & Hawton, K. (2017). Suicide in prisons: an international study of revalence and contributory factors. The Lancet Psychiatry, 4(12), 946-952.

Gabriel, A. (2018). Nigeria and United States Prisons: A comparative Analysis of Mass    Overcrowding. J Foren Psy, 3(129), 2.

Scott, J., Petrossian, G., Mellow, J., & Peterson, B. (2018). Understanding risky facilities: an       analysis of factors associated with jail escapes in eight states. Security Journal, 31(4),             805-820.

Shaul, L., Koeter, M. W., & Schippers, G. M. (2016). Brief motivation enhancing intervention to             prevent criminal recidivism in substance-abusing offenders under supervision: a    randomized trial. Psychology, Crime & Law, 22(9), 903-914.

Wootton, A. (2016). AB 109 and its impact on prison overcrowding and recidivism: A policy       analysis. Themis: Research Journal of Justice Studies and Forensic Science, 4(1), 6.

 

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Juveniles in adult court

            Human beings have gotten used to living in a society where they engage with each other on the basis of traits such as gender, age and social status. The various traits make it easy to determine what actions are acceptable and which are not depending on the nature of the individual they are being subjected to. In the legal system, for example, adults are treated differently from minors because adults are considered to be more informed and therefore wiser than the minors. An adult case is therefore treated with more seriousness than that of a minor even when both commit the same crime. The approach is intensely used by the legal system to the point where even the forms of punishment that adults are subjected to is different from that of minors. While adults are mostly punished as penance for their crimes and to deliver justice, punishing minors often involves approaches aimed at rehabilitating the offenders and ensuring that they do not go back to a life of crime. It is therefore important to ensure that minors are tried different from adults as wavering their cases to adult courts will deprive them of the opportunity to reform

Background

            Before the 1700s, adults and juveniles were treated the same by courts as they paid more attention to the crime rather than the criminal (Scialabba, 2016). Courts were used as a tool for punishing criminals and those found guilty were punished accordingly regardless of their age. However, the act of imprisoning minors together with adults started to rise issues as children as young as 7 years old were held in the same cells with older men (Scialabba, 2016). To remedy the situation, new approaches were adopted by the legal system where the courts placed more emphasis on rehabilitating juveniles and this often required them to be separated from adults. In 1899, the first juvenile court was established in Cook County, Illinois with the intention of not only rehabilitating the juveniles, but also to provide guidance and support aimed at keeping them away from a life of crime (Scialabba, 2016). The decision to try juvenile cases differently from the adults was based on the belief that the juveniles lack enough knowledge and morals to help them discern right from wrong, instead of punishing the juveniles for crimes committed, the court opted to help them reform by teaching them right from wrong as they carry out the sentence served for crimes committed.

            Although treating adults differently from juveniles was intended to reform juveniles and save them from the challenges present in adult prisons, they faced a lot of challenges especially arising from the judicial system itself. To begin with, judges would often exercise a lot of discretion when hearing juvenile cases and often did not use formal hearings and this caused a lot of disparities in the courts. An increase in crime in the 70s and 80s pushed the government to be tougher on crime and this resulted to more juveniles being sent to adult courts (Michon, 2019).  In an attempt to reduce the number of juvenile offenders being sent to adult courts, new reforms were introduced and they made it easier to differentiate juveniles from adults during court proceedings.

            Waivers were also introduced where juveniles could be sent to adult courts but only if the judge went through the case and deemed the crime worthy of being tried in an adult court even if the person being charged is a minor. Judges were given the authority to waiver the protection and benefits offered by juvenile courts for serious crimes or when dealing with repeat juvenile offenders (Flesch, 2005). Although adult cases offer more constitutional protection, there is the risk that the minors will be subjected to more serious punishments when tried as an adult. It is therefore important to reserve waivers for juvenile cases to be heard in adult courts especially because of the various risks exposed to juveniles who are prosecuted in adult courts.

                        Throughout history, waivers have been used to push juvenile cases to adult court and they often result in negative outcomes. At first, taking minors to adult court was considered an ideal deterrent to crime as it would show minors that such crimes are taken with the seriousness used when punishing mature adults (LaMance, 2018). Since adults faced punishment such as life imprisonment, long sentence and even the capital punishment, it was expected that such an outcome would scare minors and prevent them from engaging in a life of crime. For those who still engaged in crime even with adult trials as a consequence, the deterrence was intended to keep the minors from going back to crime after finishing their sentence, the experience in adult prisons was intended to be a teaching experience that would either help minors to realize the error of their ways or scare them enough to discourage them from ever going back to crime.

            Waivers for juveniles to be tried in adult courts however failed to act as deterrent to crime and even led to higher recidivism rates. Minors that were tried and prosecuted in adult courts were 82% more likely to be rearrested after being released from prison which discredited waivers for minors to be tried in adult prisons as a deterrent to crime (Alen & Cox, 2007). Furthermore, hearing juvenile cases in adult courts denied minors opportunities offered to those tried as minors as they were placed in the same prisons as adults. Correctional facilities meant for minors often involved programs that equipped the inmates with skills and knowledge that they could use in their lives after they left the prison systems or when they became adults (Scialabba, 2016). However, when the minors were tried in adult courts, they were imprisoned together with men and forced to interact with criminals who were used to a life of crime and therefore negative role models for the minors. Instead of deterring crime, adult prisons forced minors to live with criminals who were far from reforming and if they became role models, the minors would be more likely to go back to a life of crime after finishing their sentences.

            Juvenile cases waivered to adult courts also had far reaching effects on the overall well-being of the minors. Since adult criminal courts carried more social stigma than institutions that held minors, hearing such cases adult courts made it harder for the minors to fit back into society because they had been alienated and treated like criminals instead of minors in need of reforms Alen & Cox, 2007). Minors also found it harder to move on from the experiences they encounter in adult prisons compared to those that were sent to juvenile detention centers. Waivers therefore had negative consequences and should not be used when hearing cases involving minors.

Instead of wavering juvenile cases to adult courts, the legal system should come up with a way of determining which crimes or individuals warrant being sent to adult courts even when performed by minor. One approach to use is setting a limit for the age in which a minor can be tried as an adult and using the limit and not the crime to determine whether a minor goes to adult courts or not (Scialabba, 2016). When an age limit is set, it becomes easier to determine whether minors go through juvenile detention centers or they get sent to adult prisons regardless of the nature of crime. At present, the common age limit for those that can be tried in adult courts is 17 years (Scialabba, 2016). This however varies depending on the crime committed and thus becomes difficult to determine when to send minors to juvenile detention or adult courts. If one age limit is used, it becomes easier to sentence minors accordingly as the court already knows what proceedings to follow.

 

Conclusion

            Waivers serve the purpose of determining when it is okay to try minor cases in adult courts. Since correctional institutions also serve the purpose of reforming criminals, it would be unethical to try minors as adults because their reasoning and stages of development are not as developed as adults. Instead of trying minors as adults, courts should focus more attention towards making juvenile correctional centers more equipped with the personnel and equipment needed to reform the juveniles, the aim should be to deter crime as much as possible as punishing minors only makes them aware of the crime they committed but fails to help them recognize the error in their ways. If the goal is to do away with crime, deterrence should be more of a priority than punishments and this could have a positive impact on the fight to end crime.

 

 

 

References

Allen M and Cox M, (2007) “Juvenile justice: A guide to theory, policy and practice” Sage          Publications

Flesch M, (2005) “Juvenile crime and why waiver is not the answer” Family Court Review,          retrieved from, https://onlinelibrary.wiley.com/doi/pdf/10.1111/j.174-             1617.2004.tb00671.x

LaMance K, (2018) “Juvenile waiver” Legal Match, retrieved from,           https://www.legalmatch.com/law-library/article/juvenile-waiver.html

Michon K, (2019) “When juveniles are tried in adult criminal courts” Nolo, retrieved from,             https://www.nolo.com/legal-encyclopedia/juveniles-youth-adult-criminal-court-     32226.html

Scialabba N, (2016) “Should juveniles be charged as adults in the criminal justice system?”         American Bar, retrieved from,    https://www.americanbar.org/groups/litigation/committees/childrens-            rights/articles/2016/should-juveniles-be-charged-as-adults/

 

 

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Sexual victimization in prisons

According to research conducted by Nancy Wolff and Jing Shi, the extent of physical and sexual victimization in the prison system has become a cause for alarm especially because it is a violation of the victims’ basic human rights. Another issue of concern is that the victimization occurs inside institutions run and funded by the same government tasked with the responsibility of protecting people’s rights and freedoms (Shi & Wolff, 2007). Although preventing sexual victimization is a major obligation for the government and the prison systems, achieving such a task is likely to face a lot of challenges especially due to the nature of environment the victimization occurs in.

To begin with, prisons are stereotyped as places where one is expected to be tough and refrain from reporting other inmates to the guards regardless of what types of actions they engage in (Shi & Wolff, 2007). Whether victim or witness, inmates are likely to withhold all the information needed to understand sexual victimization in prison in order to prevent it. In addition, victims are also less likely to step forward and report the crime and this will make it even more difficult to create a profile of the likely victims therefore making it harder to teach inmates what to avoid so that they do not attract unwanted attention.

The findings from the research raise various policy issues such as the need to help prison systems to come up with placement strategies that will help reduce the likelihood of sexual victimization. For such a venture to be successful, there is also the need to train guards how to identify traits shared by victims of sexual harassment in order to help identify those who are at risk even before they are victimized. Lastly, there is a need to train guards on how to take firm action against sexual predators in prisons. Since they interact the most with inmates, equipping them with the skills and knowledge on how to prevent sexual victimization could help in stopping the victimization once and for all.

 

 

 

References

Shi J and Wolff N, (2007) “Understanding sexual victimization inside prisons: Factors that          predict risk” Criminology and Public Policy, retrieved from,        https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1745-9133.2007.00452.x

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     Hypothesis testing of program effectiveness for ‘Youth Against Violence’ program

 

 

Abstract

Juvenile criminal behaviour can be considered to be one of the most long-lasting problems with severe insinuations for both youth lawbreakers and their relatives all over the world. The source of this issue can be credited to factors such as family collapse, hasty suburbanization and disruptive conduct on the child as a result of their surroundings. This issue has been addressed by the law execution organizations, community societies and the school structures with the objective of shrinking the issue. This study evaluates the efficiency of the Youth Against Violence program which emphases its determinations on decreasing juvenile misbehaviour in the community and assisting the adolescences to meet the pledge situations in order for them to re-enrol in the public schools. The study exploited several independent variables including; parental contribution, gang association and extended family backing which were used to quantify the participants’ discernment of the program.

 

 

 

 

 

 

 

 

 

Research question

Is there a significant relationship between Youth Against Violence program effectiveness and extended family connection, parental contribution and gang connection?

Hypothesis

Over the years, there have been many trends in the reintegration programs for adolescent lawbreakers all over the world. There continues to be many more new and inventive approaches that have been presented to try and help in decreasing the growing problem of adolescent integrity system. Juvenile integrity system can essentially be defined as the system that helps in relating with the children that come into clash with the law (Griffin, 2010). This justice system looks at the appropriate customs, edicts, actions, structures and organizations in order to guarantee that the privileges and the legal precautions of the children are fully valued and also sheltered. The children that are found in clash with the law must always be dealt with to aid in correcting their conducts and this can only be done through specific justice structures where actions that are detailed to their requirements and dimensions are applied within identified rehabilitative podiums inform of programmes. The juvenile criminal rehabilitative prototypes focus on psychoanalysis as well as guiding the lawbreaker with the assumption those intercessions such as probation direction, work willingness, confinement, training and conduct therapy will change conduct and also decrease the occurrence of juvenile wrongdoings (Bradshaw & Roseborough, 2005).

McGuire (2001) defines reintegration programmes for the young criminals as a plan of learning occasions which share much in common with the idea of syllabus in educational scenery. It basically founds a restricted set of actions that have precise purposes and it also entails of a number of intersected features. In a much broader notion, in the criminal justice structure the term program labels creativities such as mentoring systems for the young lawbreakers. The reintegration programs can at times be created to aid in offering legal substitutes for revenue generation for example to help in providing the adolescents with augmented financial chances, specialized training, teaching, augmented role and accountability of local societies in dealing with young lawbreakers and endowment of new places as well as support to help avert the engrossment of the lawbreakers in criminal activities (Lober, Farrington and Petechuk, 2003).

It is important for juvenile felons’ re-entry into the main stream civilization because being assimilated sets the groundwork for them to lead a fit way of life in the community once out of the adolescent integrity system (Bradshaw & Roseborough, 2005). At the same time, some of the rehabilitative approaches usually address individual requirements of the young lawbreakers and its gives them representative choices to make within the society, without having to commit criminal activities again.   

The problem with juvenile law-breaking is becoming more complex and the programmes that are intended at their conducts now flourish in almost all organizations. However, these programs are either wrongly facilitated to deal with the contemporary realisms or they are not fully realized. Many countries all over the world have done little to try and deal with these difficulties which have made them inadequate. Even though the programs have been created with the idea of adolescent crime deterrence, the general effects of these programs is slightly weak because the contrivances that are put in place are often insufficient to report the current circumstances.

Independent variables

These variables were selected to regulate whether there is a noteworthy connection between them and the dependent variable and also to comprehend how and why these features affect the efficiency of the program.

  1. Extended family involvement

This is the degree to which the family members comprising the aunts, uncles, grandparents among others endorse and upkeep the communal, expressive, theoretical and the corporeal comfort of the youths during the contribution of the Youth Against Violence intercession program. During the involvement in the rehabilitative programs, the backing of the family which includes the parentages and the extended family is very imperative because these youths acts as a basis of responsibility, safeguarding the effective conclusion of the program in order to attain school re-entry and also decrease reoffending (Jehl, Martin & McCloud, 2001). 

  1. Parental involvement

This refers to degree to which the parentages of the youth lawbreaker endorse and back the communal, expressive, theoretical and the physical well-being of the youth. And it also refers to the degree of contribution of the parent in the program connected doings including; court presences, workshops among others. When these youths experience support from the parents even after interaction with the law prosecution programs, the efficiency of the program is improved and it becomes more achievable (Jehl, Martin & McCloud, 2001).

  1. Gang affiliation

The range to which program participants and staff associates identify participants as gang associates and the manner in which this label, affects the program objectives and its consequences. A gang can be defined as any form of organization or association whether formal or informal that engages in criminal activities (Gagnon & Richards, 2008). The individuals can be associated together by a designation, a symbol, an emblem, tattoos, mutual colours or practice of dressing. The culture of gangs does not typically support conforming behaviours such as school turnout and accomplishment or even reception of laws and rules. This research hence looks to determine the relationship that is there between the dependent variable and the gang membership.

Dependent variable

The program effectiveness of the Youth against Violence intervention program is the dependent variable in this study. This is an intercession program that is facilitated by the law execution organization in Atlanta.  It works with youth lawbreakers who have either been court ordered as a result of the conditions that are set within the bond agreement, referred by the local district as a result of student in disciplinary issues or has been sent by the parents that have observed wayward behaviour from the youngsters to complete the 8 weeks restoration program. 

Problem Statement

The negative implications of unsuccessful re-entry of the youth lawbreakers into schools are far reaching damaging to both the persons and also the civilization at large. This is for the reason that as the youth lawbreakers approach adulthood, the life chances for the individual are greatly influenced by their educational outcomes (Roberts et al., 2004). Contact with integrity structure is compounded by unsuccessful secondary school re-entry and it raises the probability of a challenging adulthood mostly for the minorities that are living within the urban communities. The juvenile lawbreakers’ rehabilitative structures have serious implications on the adolescent’s immediate life and future comfort. The programs include counselling, education, professional training work and communal participation and the emphasis is on helping the youth to grow out of criminal behaviours as they take into account a troubled background or abuse (Gagnon & Richards, 2008).

The programs are meant to help the adolescents to advance on their personal accountability and also proposition them real chances to prosper in genuine professions. The ability of the rehabilitation programs to be beneficial to the juveniles is questionable. The problems with most of the institutions that deal with the juveniles is that they are not well organized and equipped with the necessary resources, qualified personnel, funding and strategic intervention models to help the youths that have come into contact with the adolescent justice system to effectively re-enter the standard society most especially the public schools.  

Data collection methods

This study employs a mixed method for the research which includes tenets of the exploratory and also explanatory research design that is coupled with both qualitative and quantitative research methodology. These mixed methods approach was selected because of its ability to provide more insights on the efficiency of the program than either of the programs could be able to provide independently.

The exploratory research design was used to better understand the Youth Against Violence Program and its effectiveness to achieve the intended goals. The programming for adolescent misbehaviour is not really a new concept, the only thing that is unique about Youth Against Violence program is that it is the only program of its kind that is facilitated by the law execution agency for non-detained teens lawbreakers. Using this method was advantages in that it helped shed light on things that are relatively un-researched and also helps the researcher to know if the time, effort and assets that are invested in the study are worth the information that is acquired (Babbie, 2007).

The explanatory research design was also used because it answers how and why a phenomenon exists, but more importantly addresses the dynamics amid independent variable cause and dependent variable effect (Babbie, 2007; Creswell, 2009).

Population of study

The selection of the participants of the study was not random since they were conveniently selected. At the beginning of the 8 week cycle, all the program participants were selected for survey completion which was assisted by the program staff in order to identify a balance participant sample and to avoid overgeneralisation or researcher bias. The participants basically include the staff members that were seven, four males and three females. The interviews were conducted face to face at the police department’s public safety complex. The participant’s also included the adolescents between the ages 12-18 where the majority attended institutes contained in the suburban school district.

The participant’s contact with the law ranged from non-offender, first time lawbreaker to repeat lawbreaker. The gender and race of the participants was not taken into so much consideration. Choosing both the youths and staff members for the study was significant because it aided to understand the inference of the program from both viewpoints which would help understand recommendation for its effectiveness. All the interviews both of the youths and of the staff were documented and written down and later scrutinized to help provide insights on the program during the 8 week intervention program.

Significance of the research

Re-entry programs for the youth lawbreakers are a moderately new phenomenon in the social world. The United States juvenile justice strategy has preferential more punitive tactics to the problem of juvenile law-breaking. The paradigm alteration in the adolescent justice dogma approach has only in recent times braced broad-minded policies that emphasis on interference and reintegration. This study shows that the present reintegration programs for the adolescents mainly include the adolescents being taken through counselling, getting formal education as well getting taught life social skills.

This study helps to show that the whole civilization has a role to play to assisting to reduce youth criminal actions by reassuring the youths and standing by them even when they are on the wrong side of the law. Through the support of the parents and the family at large the recuperation programs like Youth Against Violence program can be operational and help decrease the growing population of adolescent misbehaviour.

 

 

 

 

 

 

 

 

 

References

Babbie, E. R. (2007). The practice of social research. Belmont, CA: Wadsworth Publishing.

Bradshaw, W. & Rosenborough, D. (2005), Restorative Justice Dialogue: The Impact of

Mediation and Conferencing on Juvenile Recidivism. Federal Probation, 69 (2) 15-21, 52. Retrieved June 16, 2008, from the Criminal Justice Periodicals database. Document ID: 989447101).

Creswell, J. W. (2009). Research design, qualitative, quantitative, and mixed methods

            approaches (3rd ed.). London, England: Sage Publications, Inc.

Gagnon, J., & Richards, C. (2008). Making the right turn: A guide about improving transition

            outcomes of youth involved in the juvenile corrections system.

Griffin, Patrick (2010), National Institute of Corrections Convening.

Jehl, J., Martin, J., & McCloud, B. (2001). Education and community building: Connecting

            two worlds. Washington, DC: Institute for Educational Leadership

Loeber, R., Farrington, D.P., & Petechuk, D. (2003), Child Delinquency: Early Intervention

and Prevention. Office of Juvenile Justice and Delinquency Prevention, 219. Retrieved June 23, 2008, from OJJDP database.

McGuire. Klein (2001), The American Street Gang: Its Nature, Prevalence, and Control, New

 York, Oxford.

Roberts, H., Liabo, K., Lucas, P., Dubois, D., & Sheldon, T. (2004). Mentoring to reduce

antisocial behaviour in childhood. Child Health and Research Policy Unit, Institute of Health Sciences, 328(7438), 512-514.

Washington, DC: National Collaborative on Workforce and Disability for Youth, Institute for

            Educational Leadership.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Brief statement

Juvenile delinquency is a topic that I very important in the society and that is why I selected it for my study. The young people are the future generation; these are the person that are expected to be the leaders of tomorrow and if they are not modelled and shaped to become responsible people in the society, then the future is in danger. As the young people are growing up, they reach a stage where they become irresponsible and negligent which affects their relationship with other people and they can at this stage find themselves on the wrong side of the law. This is the time that they are forced to deal with legal systems and this is the juvenile justice system that forces them to spend time out of their normal life.

 This time can be challenging for them and it can either affect them positively or negatively and this is what determines the kind of people that they grow up to be in the society. The juvenile justice system is meant to help shape the young person to become a more responsible citizen but this is not always the case. Most of the young people that go through the juvenile delinquency programs do not change their behaviours; most of them become worse and they end up not able to re-enter and cope in the normal education system like they are supposed to. This can be attributed to the inefficiency of these rehabilitative programs including lack of support from family, affiliation with gangs and also lack of effective counselling which makes it hard for the youths to cope and become better individuals.

I chose this topic because I want to understand why the programs are not effective like they are supposed to be and ways that they can be made to be more effective in their objective.

 

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Criminal Justice

Introduction 

 Police power is crucial in the American constitution. The State has the mandate to enact legislation for the purpose of promoting population safety and welfare.  Focusing on the police governmental powers, the research paper follows the principle of federalism which states that all levels of the government should excise power and authority. For example, the federal government, the states governments, and the individual citizens have certain powers which allow each level to address problems, manage conflict, improve efficiency and increase political participation.  These police government powers create different police organizations and each play a significant role in enforcing law among other sets of responsibilities.  In other words, the police department is decentralized and this is an efficient system as it prevents too much concentration of power and each level is responsible and accountable to a specific group of people. The research paper also finds that the police power was established by the U.S constitution and implemented in the Tenth Amendment. The latter recognizes that the U.S should grant States the power to regulate issues such as health and welfare, and policing activities.  Prior to the subdivision of police powers, the police used the ‘dossier system' back in the 1920s  but later,  it was found that the method was associated with police misconduct and the courts recommended the use of intelligence files since these were associated with legal and ethical standards. Intelligence agencies were developed and they coordinated and shared information to meet a common goal of maintaining national security. Later, there was a recommendation for jurisdictional transformation or the separation of the intelligence units into local law enforcement, and state law enforcement. The political subdivisions of the government police powers were developed to increase the efficiency of the criminal justice system and fulfill its goal of crime reduction at both local and state level. The subdivision police powers have the authority to establish laws and policies and to address community issues.

 

 In 1920, law enforcement intelligence used the ‘dossier system' to collect and record information about the crime. Rather than using the intelligence files, the police agencies relied on diverse raw information on people who were suspected to be criminals and threats to community safety (Carter, 2005).  The police agencies were influenced by the great depression to use the ‘dossier system' to respond to the economic crisis. In addition, the police agencies relied on the same system to deal with the communism. The supporters of the Communists argued Communists had constitutional rights and they expressed their grievances that the police agencies were causing damage in terms of loss of jobs (Carter, 2005).  Nonetheless, the law enforcement continued to use the dossier system to maintain national security. The dossier system has also helped the police agencies to address threats from social movements such as the anti-Vietnam War movement where the participants created instability to the nation.  The purpose of the dossier system was not to address specific crimes but its purpose was to keep information that would be needed during investigation or prosecution (Carter, 2005).  However, there was a concern on the use of the dossier system since the U.S Supreme Court met the liberal decision with disfavor. There was a need to come up with new strategies to protect constitutional rights as well as civil rights.  In addition, the new strategy could prevent police misconducts such as the use of excessive force and lack of evidence of criminality.

 

 Given that the dossier system or rather the domestic intelligence activity undermined the rights of Americans, there was a concern on checking the abuse of power.  After World War 2, the congressional commission that was the head of the Intelligence Community operations was concerned with the effectiveness of the intelligence agency activities toward preventing the Soviet Union from threating the national security (Carter, 2005).  The congressional commissions were so much interested to improve the Intelligence Community in terms of its structure, and coordination.  The Hoover Commission that was responsible for the administrative changes recommended a working coordination and information sharing between the Intelligence Community and the Central Intelligence Agency (Carter, 2005). In addition, the Dulles Report evaluated the Intelligence Community operations and recommended a strong coordination between the Central Intelligence Community with the FBI and other agencies. The purpose of the coordination recommendations was to increase efficiency and effectiveness.  However, these intelligence recommendations were not met as expected since the CIA and the FBI   violated the civil rights of the Americans in conducting the operations. Following the abuses of power, the public expressed their frustrations and grievances and the congressional committees implemented a new strategy known as the public investigations (Carter, 2005).  The purpose of public investigations was to examine the legality and efficiency of the actual operations.  

 

 In order to understand the police governmental powers, Carter (2005) states that in 1975, the commission that evaluated the Central Intelligence Agency activities reported that it was important to restrict the power of CIA in domestic intelligence operations.  In addition, the DCI and the FBI were to give guidelines concerning the agencies that they should serve. In 1976, the    Committee on Intelligence suggested that the agencies for national security and the agencies for law enforcement intelligence should not overlap (Carter, 2005).  In other words, a wall of separation, as well as the jurisdictional reformations, were needed for the purpose of developing an operational boundary.  For example, it was recommended that the CIA should not operate in the domestic intelligence but rather it should act as the oversea operational arm, and the FBI should have the authority to operate in the U.S domestic intelligence (Carter, 2005).  The recommendations to separate the police powers emerged from these recommendations but the separation did not mean lack of coordination but rather, it was recommended that the FBI and the CIA should share information and coordinate.

 

 Despite the separation of powers between the FBI and the CIA, it was recommended that these agencies should work with the local law enforcement to combat the organized crime.  However, to strengthen the coordination between the state and local law enforcement agencies, it was recommended that there should be intelligence units in the city police department (Carter, 2005). These units would play the role of investigating organized crime cartels and gathering information.  In 1971, the National Advisory Commission was established and its purpose was to make recommendations concerning the goals and standards of the criminal justice system. It was recommended that in the state levels, there should be a centralized agency to assist the local departments through information-sharing (Carter, 2005). Also, local law enforcement should connect its intelligence functions with that of the state. Despite the recommendations toward the law enforcement's capabilities, in the 1980s there were an array of illegal activities and the intelligence units could not address the problem due to lack of expertise.  Both the state and the local intelligence were unable to use a systematic and analytical method for data collection, and they did not have adequate knowledge to utilize the intelligence products effectively (Carter, 2005).  The intelligence units have also been reactive in nature rather than being proactive, they failed to address critical matters and they could not offer relevant information in a timely manner. Modern recommendations have been made on abuses of power and the need to put civil rights into concern.  Today, the intelligence agency is held accountable for unethical conduct.

 

 In his article, Bybee (2000) analyses the Tenth Amendment and the police powers from the federal government by stating that in the ‘Allegory of the Cave', Plato says that men are imprisoned in a cavernous chamber where they cannot have freedom. Outside the cave, there is a light but prisoners do not see the light but rather they see shadows. Similarly, the federal government provides power to its branches such as the States and the powers are distributed to the people who are the source of the power (Bybee, 2000). The Tenth Amendment distributed the power amongst the federal, the state and the Congress.  In relation to Plato's thoughts, people have been imprisoned in the Constitution. However, the constitutional federalism came up with a political thought of separating the powers between the national government and the states. The Tenth Amendment supported the separation of power between the State and the Congress.  Even though it does not grant power to the political authorities, it acknowledges that the State has a pre-existing power to perform some functions. Thus, the Tenth Amendment established the State powers and congressional powers for the purpose of providing them with real authority (Bybee, 2000). Note that the New York financial crisis fueled the need for public agency and the state's efforts to address state interest. In the 1930s the amendment was interpreted in relation to the commerce and the need to provide the Congress with the power to regulate local activities such as manufacturing and agriculture.

 

 Gerstle (2010) reviews the Federalism in America and states that the states should have the power and political right to stay away from the federal authority and address critical matters on their own. The liberal groups also supported the federalism since the federal government failed to address economic and social issues. Supporters of federalism argue that the state governments would be more influential and resilient in addressing economic and social issues (Gerstle, 2010). However, for the state government to be effective, there should be a police power that would control civil society.  However, the civil war challenged the doctrine of police power but the state legislatures and the federal courts supported the doctrine and by 1960s to 1970s, the state was given the political authority. During the 19th century, the state government could address economic affairs and other internal initiatives.  In addition, the states governments brought many internal improvements such as mixed enterprises, private instruments among other state activity (Gerstle, 2010). The State government also had freedom of action in other activities such as public health, moral behavior, immigration, and other activities.  It is important to understand that freedom of action was as a result of the ‘police power'. Note that in the 19th century, the Supreme Court of Massachusetts supported the state police power that would play a significant role in establishing laws and statutes and more importantly protect the life and property, control capital and labor, control moral behavior, and other activities related to promote the public welfare (Gerstle, 2010). However, the Tenth Amendment stated that the State and the local governments exercised excess power not only in good deeds like regulating commerce but also in non-economic behaviors such as prostitution, gambling, and hazardous activities.  However, the New Deal established new federal States and a police power that protected the public welfare.

 

            Focusing on police powers, Kozlowski (2018) asserts that most jurisdictions have abolished governmental immunity and have implemented the tort claims. For many years, the states have relied on the governmental immunity where the government has been making independent judgment in decision making and this resulted in many discretional actions. The governmental immunity became a concern when there were shots in Benito Juarez Park in the Miami-Dade Country. The county had no authority to employ off-duty police and argued that it was under the state law and so it was not liable for security issues. The appeal court argued that the rules and regulations that the County's park was supposed to follow would not justify the liability but rather the case would be upon the governmental immunity (Kozlowski, 2018). The county power was under the governmental immunity and it was the role of the government to protect the public and to determine the rules and the regulation that the park could follow.  The appeal courts concluded that the city should be responsible for its actions and more importantly exercise the police powers. It should also employ strategies and tactics on how to exercise the powers (Kozlowski, 2018). This example shows that political subdivisions such as the county have the right to exercise police powers to address internal activities such as protecting the public. Rather than relying on governmental immunity, it should make its own decisions and policy concerning security. However, there should be coordination between the county and the government so that it can provide the required police resources as well as the rules and the regulations the political subdivision should follow.

Washburn (2017) adds that the U.S developed trust responsibility toward the American Indians in North America.  The purpose of the trust responsibility was to provide administrative control, make decisions and limit the governmental authority. However, there is a gap between the federal government and tribal priorities. In other words, the federal government has limitations in that it has diminished its responsibility and do not have the willingness to address the breach of trust and the misuse of power (Washburn, 2017). The trust responsibility has failed to fulfill its purpose and for this reason, the political branches have shown efforts in restoring the federal trust responsibility. Remarkably, the political branches have restructured the trust responsibility by creating a paternalistic model that aims at addressing the needs of the impoverished Native Americans. The political branches stated that the federal government should support the tribal government and the tribal sovereign powers by establishing criminal jurisdiction (Washburn, 2017).  More importantly, the political branches have supported the need to provide the tribes with federal trust functions. This article shows that the tribal governments also have authority over economic, social and cultural affairs. In other words, the Indian Americans have a self-governance which has allowed to create economic development.

 

  Seaton (2012) asserts that the role of the police powers is to regulate the safety and the welfare of the people.  In 1824, Justice Marshall defined police powers as the power to regulate the State issues such as the health, internal commerce among other activities. This means that the police powers have the right to regulate all State affairs. The police powers are entitled to regulate harm and maximize the public good (Seaton, 2012). Using the diminution of value theory, the police powers should regulate the property to create economic value. In other words, the police powers should regulate the property owners to prevent them from causing harm to the public. The state has the ability to exercise police powers and more importantly exercise freedom in maintaining public safety and welfare (Seaton, 2012).  State and local issues should be within the police powers so that the police can have the ability to understand the nature of the problem and protect the rights of the people.

 

Conclusion

 The political subdivisions of police powers that were established to maintain security and reduce crime in local and state levels. When the world war two came to end, there was a need to create an Intelligence Community that would prevent threats from the Soviet Union.  To improve the operations of the intelligence community, other agencies such as the CIA, DCI, and FBI were established and they played a significant role in maintaining the national security and promoting the public welfare through information sharing and coordination.  However, the law enforcement intelligence were separated into state and local levels for the purpose of forming a centralized agency. The separation of police powers is supported by the 10th amendment which states that the federal government should grant states the power to regulate internal activities.  Since the development of law intelligence agencies and the separation of powers, the intelligence units have been efficient in maintaining local and national security.

 

 

 

 

 

 

 

 

 References

Carter, D. L. (2005). Brief History of Law Enforcement Intelligence: Past Practice and

Recommendations for Change. Trends in Organized Crime, 8(3), 51–62. https://doi.org/10.1007/s12117-005-1037-5

 

 

Gerstle, G. (2010). Federalism in America: Beyond the Tea Partiers. Dissent, 57(4), 29-36.

 

 

Bybee, J. S. (2000). The Tenth Amendment among the Shadows: On Reading the Constitution in

Plato’s Cave. Harvard Journal of Law & Public Policy, 23(2), 551. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=3229209&site=ehost-live

 

 

Kozlowski, J. C. (2018). Governmental Immunity for Park Security Policy. Parks &

Recreation, 53(7), 26–31. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&db=hjh&AN=130596404&site=ehost-live

 

 

Washburn, K. K. (2017). What the Future Holds: The Changing Landscape of Federal Indian

Policy. Harvard Law Review, 130(6), 200–232. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&db=bth&AN=122431050&site=ehost-live

 

 

Seaton, K. (2016). Taking a Closer Look at Just Compensation: State Regulation of Groundwater

Withdrawals as an Appropriate Use of their Police Powers. Journal of Corporation

Law, 41(4), 1009–1023. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&db=bth&AN=114559359&site=ehost-live

 

 

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Abstract

The occurrence of rebellious and delinquent traits in female juveniles increased tremendously over the years, along with added consistent health threatening behaviors such as drug abuse and suicide. These trends coupled with cumulative stages of psychiatric admittance and special schoolrooms appointment in academic institutions. This paper concentrates on antisocial behavior and deliquescent traits that contribute to the rise of juvenile delinquency among females. It also traces the underlying reasons causing these traits as a female matures into a young adult. The goal of the essay is to increase awareness among the public on female delinquency and provide sustainable solutions to the predicament through the study of previous literature review on the issues. In addition, the paper looks at judicial measures taken to slow down the menace.

Statement of the Problem

The past researches on juvenile delinquency concentrate principally on demeanor disorder and hostility in males while moderately or minimal attention paid to female who perpetrate delinquent actions. The essay looks into past literature review on juvenile delinquency among females and the legal system’s reaction to the issues surrounding female delinquency and the factors causing the increase (Maruna, & Immarigeon, R. 2013). Delinquency and youth violence grow spontaneously especially among females. From 1983 to 1993 juvenile related matters rose by 128% according to juvenile delinquency statistics.

The Stigma of Female Delinquency

Early scholars of female delinquency focused on sexuality as the main cause for manifestation of female delinquent traits. For instance, dishonest nature of ladies (originate from faking sexual organisms); along with advanced biological maturity were some of the reasons researchers claimed accounted for female delinquency. In the early 1960s, researchers were recording the occurrence of ‘sex delinquencies’, indefinite status- forms of offenses namely incorrigibility or ‘craving upkeep and protection’ as some of the aspects differentiating female from their male counter parts. According to Maruna, & Immarigeon, (2013), most females in his study claimed that ran away from their guardians or parent’s home due to sexual harassment from relatives. However, the scholar did not look into this finding as the underlying reasons for female delinquency hence the author concluded that female teenagers ran away from home because most of them dreaded outcomes of promiscuous sexual behavior from themselves and relatives. In addition Maruna, & Immarigeon, (2013) ascertained that issues accounting for female  juvenile delinquent traits are sometimes have to do with cruel treatment from family members as a result of refusing sexual advancements.

 According to 2012 juvenile reports, teenage females comprised 20% of the youngsters arrested for unlawful crimes in America alone. In 2013, this number rose to 29%, implying a 50% increase. The author of the report, Rafter, (2017) a scholar and a lawyer in Children law claimed that this was due to domestic violence and sexual issues females faced at home and in their daily lives. Increasing juvenile delinquency among females points to society neglecting the needs of females hence pushing them toward unlawful behavior. Furthermore, the report suggested that females in the juvenile system undergo awful experiences at home before ending up arrested. Indeed, females are 4.4 times more likely than their male counterparts are to encounter sexual abuse before they end up breaking or on the wrong side of the law. In each category, teenage girls within the juvenile system experiences more trauma than boys according to the authors of the report. In addition, the report’s aim was educating the public on the health and safety of teenage girls across America. As explained by the statistical data from the report, in certain classifications of arrests, females appear more often than boy in crimes that if handled well, could avoid detention. For example, 76% of teenage girls arrested for prostitution and 40% for drunkenness and other violations. Most of the girls who end up in homes also do so through the juvenile system.

 As a result of ancient researches assuming that female delinquency was due to sexual factors, female delinquency developed a stigmatized image which lacks in male delinquency. Historically, teenage girl delinquents faced immorality charges, unruliness, or status wrongdoings namely running away or underage consumption of alcohol not permitted for juveniles. Therefore, due to the image of immorality attached to female delinquents, girls received harsher treatment than males. Hence, Baglivio et.al, (2014) concluded that the double standards within the youthful justice system disadvantaged women and contributed to the increasing numbers of female offenders all over the world.

Despite of numerous empirical proof highlighting or indicating that the rise in female juvenile delinquency may be due to varying social factors, the classic strain concept argues that crimes stalks from the failure to attain or reach financial ambitions, middle class status or all of the above. The strain theory tries to explain the rise in juvenile delinquency among females by shedding light on gender and crime. Siegel, & Welsh, (2014) uses the strain theory to expose women as being equal to men in terms of problems experienced and the public life of either gender do not differ from each other as people may think. Findings from the recent study unveiled that women are vulnerable to frustrations of a more wide-ranging nature and these frustrations contribute to the crimes they commit. According to the strain theory, analyzing female frustrations, concerns, objectives and other issues associated with criminal activities and subduing women would expose reasons why juvenile cases among women is on the rise.

 As explained by a study on strain theory, teenage girls who find themselves on the wrong side of the law, there are various underlying reasons for female perpetrated crimes and not all of them relate to failure of achieving monetary success as stated earlier. In addition, the strain theory ascertains that there exists various alteration to strains: mental, behavioral, and expressive. Some of these variations or alterations encompass crime while others do not. Furthermore males and females experiences varying strains (Leve, Kerr, & Harold, 2013). Stress literature insists that different degrees of strains influence emotional status of a person which later leads to crime. Both females and males have slightly different objectives and perceptions on fairness. Some strain and feminist philosophers argue that males strains center on material success and external accomplishments. On other hand, females form solid relationships and maintain close friendships as a means of achieving purpose in life. Thus, strains that trigger stress and emotional strain in women may eventually lead to crime. Women respond more sharply to emotional strain than men hence explaining reasons behind crime rates being higher.

Historically, females were less delinquent than males. However, the increased judicial system participation in matters affecting teenage females and the present depiction of teenage females in the media suggests that young women engage in substance abuse and violence, hence becoming similar to their male counter parts (Thompson, & Morris, 2013). Increased number of women in the juvenile justice system may indicate change in behavior and policies.

 

 

Recommendations

Law enforcers should interact with juvenile deliquescent. Relations apply to every law enforcer, from the top most to the lowest officer. Interacting under police initiated programs gives officers a chance to showcase their caring and friendly side hence reducing female delinquency (Thompson, & Morris, 2013). During normal community patrol, officers can socialize with members of the community and familiarize themselves with challenges delinquents face. As a result, informal solutions can arise from such relations preventing young women from perpetrating crimes.

 Police are the first responder to any situations or matters pertaining female delinquents. Thus, it is only right for the department to train officer in juvenile subjects (Pechorro, et.al, 2013). Training equips officers with information and techniques that assist them carry out duties more effectively. In addition, training protects law enforcers from dangers they encounter on a daily basis while handling teen criminal activities. Most of the times, police have only one equipment, arrest the perpetrator but proper training increases their expertise and options.

On the other hand, police should adopt humane policing methods. They should minimize the use of excessive force and respect a particular society’s policies and values subjects (Pechorro, et.al, 2013). To maintain law and order, officers can avoid making unnecessary arrests unless the individual threatens the safety of a community then, they can make an arrest.

Observational Programs as Intervention Measures in Schools

Through observational strategies, such as the parental observation assists guardians and health care givers monitor the teenage behavior and regulate their confinement. The aim of this protocol of was to give teachers prior preparation before they engage their students (DeLisi et.al, 2014). This technique takes into account both guardians or parents and teenagers under their care. The parent or guardian needs to put his or her work in order before directing their student. In short parents have to actively take part in the lives of their daughters.

Previous studies suggest that the best observational protocol for a teenager is engaging them in activities they like. This is an elementary level procedure. Engaging a young woman in play makes him or her release some traits that would lead to unlawful acts such as robbery. Developmental observation procedures are more passive than active but scholars confirmed that it gives out results at end of the day (DeLisi et.al, 2014). It contains a set of written rules that give a person, which guides a person through training or teaching lessons. The existence of a set of guidelines that dictate matters of the person help a supervisor to observe what participants did based on the guidelines hence transform delinquent behavior. Breaching the rules reveals to the observer the actions of the participants. In summary, guidelines help in the observation process.

Reformed observational procedures: the aim of this protocol of was to give teachers prior preparation before they engage their female delinquents. This technique takes into account teachers and students (DeLisi et.al, 2014). The lecturer or tutor needs to put his or her work in order before carrying out their duties. A teacher has to fill in some forms to ensure that he or she will improve his teaching methodologies.

Structural observational protocols: Structural observational protocols combine various systems and contexts to intervene and mitigate any factor affecting teenage women. The classroom system takes into account immediate, intermediate surrounding and the human resource of an institution and its ability to prevent rise in female unlawful behavior (Basanta, Fariña, & Arce, 2018). The socializing also considers the interaction between the students and the teachers, the frequency of communication and effectiveness of the learning process based on experiences to bring about upright behavior. Furthermore, the protocol observes and records internal and external surroundings.

Qualitative observational protocols: The observer designs a fact-finding chart, which stipulates his roles as a supervisor and formulation of policies that will help cater to the basic needs of young women (Basanta, Fariña, & Arce, 2018). Then, the observer can gather information, which would help in the observation process and sampling of the results from various juvenile systems. In the end, the observational procedure follows strict guild lines set by the observer or nature of the activities taking place.

Demographic observational protocols: This protocol deals with numbers of female delinquents within a nation, their level of income and standard of lifestyle and underlying reasons pushing them toward a life of crime (Basanta, Fariña, & Arce, 2018). The observer has to set a date with the staff members who decided to take part in the observational protocol and later take. Then, the observer can take time, observe, and count female juveniles while considering the activities they participate in and factors that increase their chances of engaging in criminal activities.

In summary, the rise in juvenile delinquency among females points to social, mental, and even physical factors. Various researchers studied the topic in details giving economic factors and the change in gender roles as part of the reason more females found themselves committing acts of violence more than boys do. For instance, sexual harassment makes girls run away from their homes. All in all, through observational strategies at home and school could help prevent the rise of delinquents among females.

 

Reference

Baglivio, M. T., Epps, N., Swartz, K., Huq, M. S., Sheer, A., & Hardt, N. S. (2014). The prevalence of adverse childhood experiences (ACE) in the lives of juvenile offenders. Journal of juvenile justice, 3(2).

DeLisi, M., Kosloski, A. E., Vaughn, M. G., Caudill, J. W., & Trulson, C. R. (2014). Does childhood sexual abuse victimization translate into juvenile sexual offending? New evidence. Violence and victims, 29(4), 620-635.

Leve, L. D., Kerr, D. C., & Harold, G. T. (2013). Young adult outcomes associated with teen pregnancy among high-risk girls in a randomized controlled trial of multidimensional treatment foster care. Journal of Child & Adolescent Substance Abuse, 22(5), 421-434.

Maruna, S., & Immarigeon, R. (Eds.). (2013). After crime and punishment. Routledge.

Pechorro, P. S., Vieira, D. N., Poiares, C. A., Vieira, R. X., Marôco, J., Neves, S., & Nunes, C. (2013). Psychopathy and behavior problems: A comparison of incarcerated male and female juvenile delinquents. International journal of law and psychiatry, 36(1), 18-22.

Rafter, N. (2017). Partial justice: Women, prisons and social control. Routledge.

Siegel, L. J., & Welsh, B. C. (2014). Juvenile delinquency: Theory, practice, and law. Cengage Learning.

Thompson, K. C., & Morris, R. J. (2013). Predicting Recidivism Among Juvenile Delinquents: Comparison of Risk Factors for Male and Female Offenders. Journal of juvenile justice, 3(1).

Basanta, J. L., Fariña, F., & Arce, R. (2018). Risk-Need-Responsivity Model: Contrasting criminogenic and noncriminogenic needs in high and low risk juvenile offenders. Children and Youth Services Review, 85, 137-142.

 

 

 

 

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Community Policing

Community policing is an organizational strategy and a management approach where the police and the community collaborate in solving the community problems. Police do not act as sole guardians of law but all community members play role in enhancing the safety. Community policing has a very great influence in that through a constructive partnership, the police as well the community members promote public safety and solves neighborhood problems (IACP, 2018).  Community policing has three central components;

 Community Partnerships- this component means that in community policing, there should be interactive partnerships between the police and the community. The role of the partnership is to create interrelated goals based on identifying community problems, develop solutions and improve public trust (IACP, 2018). According to own opinion, the community partnership component is important for law enforcement organizations in that for the police and the community to prevent crime, there should be a cooperative relationship. The latter will motivate the stakeholders to set a common goal and strategies needed to address crime.  In planning for community policing initiative, community partnership is a very important component as it will increase accountability, establish performance measure, use coordinated efforts, build trust and strengthen the organization by solving the problem (IACP, 2018).

Problem Solving- the goal of a community policing is to build a coordinated approach to identifying problems and creating an effective response. The community policing stakeholders should not deal with crimes as they occur but they should develop a proactive approach. The latter means that they should focus on eliminating problems by identifying the underlying conditions. They should solve the problem in three ways; scanning-identify the problem, analysis- examine the problem, response- develop solution and, assessment- evaluate whether the response to the problems is successful (IACP, 2018). The problem-solving component is important in that for community policing to be effective, the stakeholders should follow the named processes. Each process is important as it ensures public safety and crime reduction by identifying the problem, understanding the problem, offering response and evaluating the effectiveness of the response.

Organizational Features- In community policing, organizational features, management, and structure play a great role in supporting community partnerships.  For the police and the community members to stop crime and promote public safety, the organization should be well organized and managed. For example, there should be formal organizational changes such as climate and culture change in order to support the agencies of community policing (IACP, 2018).  Leadership is also an important feature that the law enforcement agency should consider since it is the role of leaders to set vision, values, and mission. Organization features is an important component to consider in planning the community policing initiatives in that for the police and community to build a coordinated approach to preventing crime and promoting public safety, significant changes are needed (IACP, 2018). For example, police and community require human and financial resources, training, technology, strategic planning and more. Thus, law enforcement should ensure that the organization management, personnel, technology, culture, and climate are effective to allow the stakeholders of community policing achieve their goals.

 Police departments may find it difficult to patrol residential areas and for this reason, they use trained citizen volunteers who help in lowering crime. Citizen volunteers in the police service play a significant role in reducing crime in partnership with the police. They are a valuable asset who fulfill civil responsibility and address community problem (Grand Prairie, 2019). In order to achieve the departmental goal, I will set possible volunteer opportunities or in other words, the citizens on patrol should have a desire to volunteer and have skills in effective communication and ability to recognize and report suspicious acts. Secondly, a volunteer should complete the training process and have the capability to provide foot and vehicle patrol (Grand Prairie, 2019). These requirements will help achieve the departmental goals in that having the willingness to asset the police department and having the necessary skills makes one suitable to become a citizen on patrol.

 

 

Reference

 International Association of Chiefs of Police (IACP). (2018). Discover Policing. Retrieved from: https://www.discoverpolicing.org/explore-the-field/what-is-community-policing/

Grand Prairie (2019). Citizens on Patrol. Retrieved from: https://www.gptx.org/city-government/city-departments/police-department/field-operations-bureau/community-services-division/citizens-on-patrol

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Discussion 1 juvenile

The Chief of Staff Report / recommendations

Delaware juvenile justice system

After conducting a research on how the Delaware juvenile justice system compares with other states, the findings are that children are denied their rights to counsel or right to an attorney during trial (NJDC, 2017). Youths are not presented by attorneys and this is a big challenge since children need a defender who must ensure fairness in all the stages of the process. In other words, youth lack legal representations and they end up experiencing collateral harms due to lack of court-based interventions. The research has also found that the factors as to why are denied their right to counsel are structural barriers such as lack of timely appointed with the defenders,  lack of waiver of counsel,  use of Video Bail Hearings, lack of juvenile defense training, among other factors (NJDC, 2017). Second, the research has found the juvenile justice system has a bad juvenile court culture. Unlike other states, the juvenile court uses a punitive adult language. Since youth cases are presented in the family court, children are convicted and sentenced like adults and imposed long-term punishment.  There is also racial inequalities where minority especially black boys receive harsher treatments than white youth. Unlike other states, children in Delaware juvenile system receive bail bonds and this means that children end up being incarcerated because they cannot afford the money (NJDC, 2017). Youths are also prosecuted as adults even when there is no sufficient evidence to support the crime.

 

 Recommendations

  • Abolish monetary bail

 There should be no monetary bail for children but rather, a community-based alternative should be developed. The monetary bail system in Delaware is a corrupt part of the justice system since it allows the poor to remain in custody and the wealthier to pay the bail. The juvenile system should focus on smart justice and this will be achieved by ending bails. Monetary bail is affecting the poor especially the minority and this denies them the justice since they cannot be released even if they are innocent (NJDC, 2017). In general, the cash bail should be abolished to save the economically disadvantaged children.

 

  • Eradicate racial disparities

            Juvenile justice stakeholders should receive thorough training in ending racial disparities. A cultural competency training will enhance communication, eliminate language barriers, and more importantly promote youth-police relationships. The racial disparity is affecting minority youth especially the black youth (NJDC, 2017). The research has found that minority youth are overrepresented in the juvenile system. To end racial disparities, the system should focus on developing community-based alternative-this entails creating diversion programs and treatment programs to reduce the disparity.

 

 

  • Abolish youth prosecution in the adult system

            Youth cases are presented in the adult court and this makes youth suffer harsh punishment as adults.  Youths should be taken to rehabilitation centers and this is a smart approach in that punishment alone will not help the offender change the behaviors but rather it will do harm (NJDC, 2017).  Rehabilitation is the best approach since the juvenile will get a chance to avoid committing crimes by receiving physical and mental support.

 

  • Abolish mandatory minimum sentence

 Mandatory minimum sentence affects the juveniles since children face long-term punishment and lack age-appropriate education (NJDC, 2017). The juvenile system should make an individualized determinant and focus on giving the children emotional development. In other words, the juvenile justice system should focus on rehabilitating children rather than punishing.

 

  • Allocate sufficient resources and make the institution a specialized area of practice

 

 This means that attorneys should be acquainted with the needed knowledge and skills through support and training. Adequate funds and other necessary resources should be allocated to ensure effective advocacy, fairness, and justice.

 

 

 

 

Reference

 National Juvenile Defender Center (NJDC), (2017).  DELAWARE: An Assessment of access to counsel and quality representation in juvenile delinquency proceedings. Retrieved from: http://njdc.info/wp-content/uploads/2017/07/Delaware-Assessment_NJDC.pdf

 

 

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REF: ANNOUNCEMENT OF POTENTIAL LAYOFFS

The Main legal requirements to be considered on redundancy are detailed below;

Notice Periods- The employees who have been selected for redundancy are entitled to a notice prior to the expiry of their employment. The stipulated period should be at least one week for those that have stayed employed between a single months up to two years. acas.org.uk

Redundancy Consultations - The employer must provide further information and support to those affected.  Ensuring the management, HR departments are equipped with useful information and knowledge in handling redundancies as they are prone to have difficult conversations. This extends to the employee as they are concerned about the way forward.

Redundancy Payments – The employees who have been in the same employment for over 2 consecutive years may be entitled to Statutory Redundancy Payment.  For employees with 20 years’ service in the organization qualify for the upper limit pay which is the maximum. “The Statutory redundancy pay is capped at £508.” Acas.org.uk

Psychological Contract – This may play a big part in the redundancy process entails as an unwritten anticipations for the created employment relation. This is different from the prescribed categorised employment agreement which defines the employer-employee relationship.

Impact of Redundancy

  • The main impact as a result of redundancy requirements can set precedents for investors and other agencies involved in the organisation to have an interest in accountability of the redundancy. They have to provide accounts to the stakeholders to improve systems reliability and any unwanted behaviours.
  • The way an organization deals with redundancy has highly powerful implications for those remaining in the business. If this is not well managed, planned and received, this can demoralise the workforce as they feel shaken.
  • Employers often make assumptions that the employees will cause trouble after being served with a redundancy notice, hence they are marched with security guards to the exit on their final day which humiliates the employee and unnecessary at most times.
  • In cases where there is highly confidential information involved, they may need to be some security measures in place.
  • Some badly handled redundancies can end up being heard by an employment tribunal, especially if the employees bring a case against the employer for being unfairly treated.
  • The timing of redundancy announcement is also crucial, at the same time trying to keep some staff at your side as they may panic as a result of not keeping them well informed of the situation, clearly explaining the need to downsize. This holds vital consequences on the performance of any given company.

Fair Dismissal

Since the employee has the legal right to a fair dismissal the organisation has to abide by the Employment Relations Act. Employees are therefore protected from any form of discrimination and harassment based on Equal Act of 2010. The employer must provide a written statement of the reasons for termination of contract /dismissal, these may include

  • Redundancy
  • Conduct
  • Capability
  • Substantial reasons

It is important for the employer to prove that they have performed rationally in handling that aim as adequate for discharge. The employer must familiar with terms of unfair dismissal which include;

  • Discernment that is based age, gender, faith, race, pregnancy, maternity, whistle blowing etc.
  • Acting as a Trade Union Representative

The employee will have to look at important details which may qualify them to claim for possible compensation.

Redundancy Stages

Stage 1-   This should consist of planning, whereby the HR department and line bosses co-operate to deliberate on the departmental arrangement.

Stage 2 - This is by fairly examining and recognising of the pool of workers that will face the probable threat through the development of a redundancy process that saves them from harassments and seeks retention of the most qualified staffs.  

Stage 3 – At this point, that’s when to notify the employees as well as consult. After the notification and consultation an additional meeting is needed for responsible choices to be made. The employees may have arguments to put forward and these should be considered by the employer

The employer must notify the staffs impacted by the decision via writing and also highlight on how the payments are to be acquired. The employees have the opportunity of objection but in the absence of provision and appeals then the dismissal occurs through payment.

Exit Interviews

These interviews are essential as the offer staffs the chance to understand the rationale behind their dismissal. This is important for the employer as they can collect vital information and reasons for leaving are disclosed detailing any problems incurred during their time of employment. Successful exit interviews offers exceptional opportunities for managers to gain expert understanding into employees’ observations of the establishment. The overall idea will create a platform for discussing underlying workplace issues, managerial and leadership issues. This is also important for the employee as they are able to use express their sights on their working involvement which would in turn help in improving the situation at the firm.

 

 

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Effective Policing

 The four general domains of proficiencies identified by The Join Committee include;

            The assessment domain- the key activity in this area is the development of procedures that are used in evaluating applicants who apply for a particular position. Assessment is done through a self-report questionnaire, a performance test or interviews to ensure that the applicant has the relevant knowledge required for particular positions (Zapf, Hart & Roesch, 2013).  The assessment is not only done to the applicant but also to the officers who are already working. This is done to ensure that the officer has the ability to safely and effectively perform the duty.

 Intervention domain- the key activity in this area is the provision of clinical services to monitor the health status of the law enforcement personnel and improve their well-being. Officers may be going through psychological or behavioral problems which may affect their ability to perform the work (Zapf, Hart & Roesch, 2013). Thus, the purpose of the intervention domain is to provide counseling, help them manage stress and promote their mental well-being.

 Operational domain-the key activity in this area is criminal profiling where law enforcement agencies assist the officer in the investigation of behavioral tendencies, geographic location, criminal patterns and more. The law enforcement agencies also assist in managing the suspects who may affect the work of the agency (Zapf, Hart & Roesch, 2013). The officers are provided with education and training to improve their skills and abilities. The operation domain serves a significant purpose in supporting the officers and working with them to enhance their performance.

 Consulting domain- the key activity in this area is organization development. Plans, strategies, policies, and procedures are developed and implemented to improve the organizational performance and assist the agency executives to improve their job performance through methods such as appraisal system (Zapf, Hart & Roesch, 2013).

 

I could not change these domains but I could retain them the way they are since they are ranked according to the order of importance. First, it is important to conduct an applicant screening to identify the best applicants who will work in a specific position. Before providing employment, there should be assessment procedures to ensure that the applicant has intellectual abilities, normal personality functions, cognitive abilities and physical ability. After conducting the assessment and employing the best employees, it is important to monitor their health and provide them with clinical services to improve their health and enable them to perform their duties efficiently (Zapf, Hart & Roesch, 2013). After ensuring that officers are in a good health, it is important to support them since they may find it difficult to investigate crimes, gather evidence, analyze the offense, and interview the suspect among other roles. Thus, it is important to assist them in gathering offense-related information. Last, it is important to conduct a performance appraisal to motivate the executives to improve their performance (Zapf, Hart & Roesch, 2013).  These areas of practice are ranked in the order of importance and there should be no alteration.

 

 

The presence of social media is having a positive effect on the way in which officer carry out their duties. Social media has brought unmeasurable benefits to the criminal justice institutions.  First, social media increase citizen trust. The online presence promotes police and citizens relationship and the relation enables the officer to get important information relating to crime and maintain safety (Herring, 2015). Police strive to create positive public engagement and reduce negative engagement to gain reputation in the community. Since the social media reports the deplorable behavior of the officers, the officer becomes accountable for their behaviors. They strive to provide fair treatment to all individual and to maintain order. In addition to being accountable for their behaviors, social media enables the officers to investigate crime, prevent crime and gain crime-related knowledge (Herring, 2015).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

References

 

Herring, M. Y. (2015). Social media and the good life: Do they connect?. McFarland &

Company, Inc., 

Zapf, P. A., Hart, S. D., & Roesch, R. (2013). Forensic psychology and law. Hoboken, N.J:

Wiley.

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Case Study 2: Michael Brown

 

Q1.

 

 The death of Michael Brown triggered a wave of protests and constitutional violations as the black populations claimed that it was a police brutality. The protesters demanded that the police officer should be the grand jury failed to prosecute arguing that there was a physical altercation between the two and as the Brown was trying to grab the gun, the police officer fired the shots and killed Brown.  This is a controversial case that has raised a legal question where the police officer was justified in the Brown's murder (Shoichet, 2014). After resolving this case, there is a need for an additional psychological assessment.  There are a series of psychological assessment techniques and the best assessment that apply to the Police officer Darren Wilson is the ‘Fit-For-Duty Assessment' (Normore & Fitch, 2011).  This type of psychological assessment is done when the law enforcement agency, police psychologist, co-workers or the police agency finds that the behaviors of the police officer need to be monitored. In the case of Brown, there are various reasons that may have influenced the police officer in committing the murder. For example, he may be undergoing emotional problems and this may negatively impact his work performance (Normore & Fitch, 2011).  Thus, the psychological assessment is significant not only in finding the origin of the problem but also in preventing the negative impact of the problem on the work performed. Before conducting the psychological tests, the police should be informed. The psychological test is important in order to evaluate the officer's conduct and decide whether he fits in the position.

 

 

Q2.

 Deductive and inductive analytic techniques differ in their nature of reality. First, inductive analytic techniques is an analytical process that involves the formulation of hypotheses and drawing a conclusion through observation (Nance, 2008).  In other words, the inductive analysis does not focus on causal factors nor the evidence but the analysis relies on generalization. The inductive analysis focuses on things that are in the natural setting and arrives at the conclusion by making a generalization of the theories.

 

On the other hand, deductive analytical techniques involve the application of a theory and use a   logical confirmation before drawing a conclusion. In other words, the law informant agency uses the deductive analysis in predicting criminal outcomes (Nance, 2008). For example, police officers can predict the occurrence of the crime, the location, the offender, time and the type of crime. The deductive analysis focuses on the causal factors and adheres to laws and rules to understand the specifics. In the deductive analysis, a conclusion is made through logic and evidence which are derived from statistical analysis.

 Having understood the distinction between the deductive and inductive analytical techniques, I can argue that the police officer made his decision based on the inductive analytic techniques. This is because;   at 11:51 a.m., Michael Brown was at the Ferguson Market and Liquor with his friend.  In the same store, the video captures Big Mike shoplifting. The police officer receives a call of about a robbery and as he enters in the Quick Trip convenience store to find the shoplifters, he meets Brown and his friend and starts to threaten (Brown, 2014). Dorian Johnson, the Brown's friend narratives that the police officer tells them to get out of the store but responds  that they will leave shortly. The police officer grabs Brown and as they confront each other, the police officer shots at him. This is an indication that the police officer used inductive analytical techniques since he observed the nature and collected the result of the crime by using a small group of suspects (Brown, 2014).  In other words, he did not examine the crime scene by using photograph s and he failed to search for the evidentiary material and the victim connection.

Q3

 I support the theory that police officers should have the following characteristics-agreeableness- police officers should be friendly, considerate and cooperative in order to make the right decision. Empathy- police officers should be empathetic by understanding and valuing other's perspectives and emotions.  They should reduce the excessive force by using an empathic communication and sharing the feelings (Mitchell & Casey, 2007). Listening- when the police officers meet the suspects, they should be non- judgmental and should listen to the suspects in order to arrive into a peaceful solution.  Listening comprehension will also allow the officer to gather information and build trust. Police officers should understand the crime scene, the offender's characteristics and all factors that may contribute to the occurrence of crime. Sociability- police officers should create a social relationship and a social environment with the suspects. Through sociability, communication will be effective and the officer will be able to monitor the behaviors of the suspects (Mitchell & Casey, 2007).  All these referenced qualities are important as they allow the police officers to be competent in their work.

 Officer Wilson did not possess any of these characters when he encountered Michael Brown.  This is because; he acted unlawfully and unethically since he never socialized, communicated, listened, empathized or created a friendly environment with the suspect.

Q4

 

 The best option that Officer Wilson could have taken to protect himself, the suspect and the public is; Wait for back up before engaging the suspect. This means that the police officer was supposed to take the necessary actions to confirm whether Brown committed a crime. He could cooperate with other crime scene investigators to record the initial observations, conduct an initial walkthrough, take pictures and videos, interview suspects, collect evidence such as latent print evidence, firearm evidence and more (Fish et al, 2013).  This method could have provided the evidence and saved the life of Brown.

 

 

 

 

 

 

 

 

 

 

References

 

Normore, A. H., & Fitch, B. D. (2011). Leadership in Education, Corrections and Law Enforcement: A

Commitment to Ethics, Equity and Excellence. Bradford: Emerald Group Pub.

 

Nance W. Malcolm. (2008). Terrorist Recognition Handbook: A Practitioner's Manual for Predicting and

Identifying Terrorist Activities, Second Edition. CRC Press

 

Mitchell, M., & Casey, J. (2007). Police leadership and management. Annandale, NSW: Federation Press.

 

 Fish T. Jacqueline, Miller S. Larry, Braswell C. Michael., & Wallace W. Edward. (2013). Crime Scene

Investigation. Routledge, 2013

 

 Brown Emily. (2014). Timeline: Michael Brown shooting in Ferguson, Mo. USA TODAY. Retrieved from: https://www.usatoday.com/story/news/nation/2014/08/14/michael-brown-ferguson-missouri-timeline/14051827/

 

Shoichet E. Catherine. (2014). Micahel Brown Shooting: Legal question loom. CNN. Retrieved from: https://edition.cnn.com/2014/08/26/us/michael-brown-shooting-legal-questions/

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Trends in Capital Punishment

  1. Capital punishment in Illinois

The Illinois governor stopped signing any death penalty on the ground that the ground that the system was fundamentally unfair and flawed. He termed the system as having error to the extent that it had finally become a nightmare (Wilgoren, 2003). The state had a bad track record of acquitting many inmates on death row compared to those executed. Due to the errors in the system, there are many opportunities for execution of innocent people. It was important for the governor to ensure that anybody sentenced to capital punishment is really guilty and have moral certainty that only the guilty is being punished.  Many capital cases had been found to biased and incompetent, thus undermining them. The results were a record of innocent people being convicted and being put on death row (Wilgoren, 2003). While the decision by the governor may be grounded on good reasoning, he may not have considered those who have been victims of the crimes.  The victims’ families may perceive that the criminal justice system has been undermined since they had initially been made to believe that their legal decisions would be arrived at after keen review of all evidence (Steiker & Steiker, 2016). However, the governor was exercising the reprieve power that is granted to him.

  1. Innocence Project

The Innocence Project is a program whose establishment is attributed to the research by United States Senate and United States Department in collaboration with Benjamin N. Cardozo School of Law where it was found that a higher percentage of wrongful verdicts were due to wrongful identification by the eyewitnesses (Murray, 2014).  The mission for the project has been to set free the innocent persons who have been incarcerated and reforms the system that has led to the unjust imprisonment of the individuals.  The major focus for this project is the cases involving available DNA evidence that whose test can be redone.  The various members of the Innocence Network also assist in the exoneration of the people whose DNA tests are not available for testing or retesting.  Irrespective of a high percentage of error, a significant number of eyewitnesses identification process is normally incorrect, given that identification by the eyewitness is regarded as among the most important evidence presented against crime suspect (Shafir, 2013).  The errors in the process arise due to witnesses being subjected to increased stress and anxiety.

 In addition, the memory of a human appears to recreate incidents due to humans’ lack of capability in recording memories as with a video recorder.  The witnesses tend to pay attention to the weapons but not the perpetrators’ identity. The identification procedures for the suggestive eyewitnesses applied by the prosecuting agencies and by the police may be inadequate, while the high possibility of suspect identification in case where cross-racial eyewitness is involved in the process (Shafir, 2013).  Within the project as Innocent Network that involves a coalition of various organizations (independent) around the world whose aim is to offer free legal services to people who have wrongly been sentenced for various crimes (Shafir, 2013).  The procedures involved in the project involves the collaborative effort of the inmates, various crime labs, the defense lawyers and prosecutors, where the case details or histories including medical reports, transcripts and any appellate briefs.  The procedure involves litigation in appellate court trials in the country in relation to the constitutional and procedural matter which may be found when obtaining accessibility to the available evidence and the testing process so as to prove innocence (Shafir, 2013).  The adoption of DNA technology in freeing innocent persons through the project provides proof that is unquestionable, those there improper convictions results from flaws but are not uncommon events.

The Innocence Project results have been quite positive since the group has proved to be an integral process of freeing people whose conviction by the criminal justice system has been wrong. The group has been able to adopt the use of DNA testing in demonstration of innocence that can lead to exoneration.  The group has also come up with efforts aimed at education of the public and professionals in the  criminal justice systems regarding the risks involved in wrongful conviction more so for the poor and the minority people of color(Murray, 2014).  The group has also supported various reforms that would minimize risks of unlawful sentences principally in eyewitness identification areas, interrogations and forensic evidence.  The wrongful conviction has been shown to have impacts on capital punishment debate (Murray, 2014).

  1. Atkins v. Virginia and Roper v. Simmons

The Atkins v. Virginia and Roper v. Simmons cases relates to capital punishment of people who are mentally retarded and the juvenile offenders.  In Atkins v. Virginia, the court held that Execution of criminals who are mentally retarded is unconstitutional in relation to the 8th Amendment which outlaws “cruel and unusual punishment” (Alford, 2005). Atkins had been found to have mild mental retardation. In Roper v. Simmons, the court held that the Execution of Juveniles below 18, as provided for in the 8th and 14th Amendments to be unconstitutional (Alford, 2005). The issues involves whether imposing death penalty on people who are mentally retarded amounts to “cruel and unusual punishment”, the same as execution of children under 18 years (Alford, 2005).  The trend indicated in the former case involve the applicability of capital punishment by the court systems in future amidst various constitutional amendments that attempts to abolish it at the state and federal levels.  

The challenges presented in application of capital punishment involves using evidence that is seen as  biased or subjective , which informs judgments and use of outdated instruments instead of using clinical definitions and methods that are widely accepted. In this sense, court will have to ask if a ground exists for disagreeing with the judgment especially for juvenile and individuals considered mentally retarded.  The mentally retarded persons are shown to possess limited understanding and information processing capabilities, and their ability to communicate and employ logical reasoning, impulse control and comprehend other people’s reactions (Roughan, 2013). Thus, would executing these persons measurably contribute towards the achievement of goals of capital punishment? This is because such individuals are seen to have less moral capability which does not warrant most extreme punishment available.  Moreover, their decisions cannot be calculated in a way that capital punishment would deter their actions.  In the same view, the courts will have to determine the dependability of scientific knowledge application in light of behavioral and intellectual limitations of the person if at all the death penalty will continue to be applied(Roughan,2013). The execution of juveniles will face challenges in light of scientific affirmation that offenders under 18 years show deficiencies that warrant them to be excluded from death penalty. With constant scientific developments, there is possibility that new knowledge will challenge the various techniques and conclusions derived from related information. Juveniles are also seen as not being as culpable as any other average criminal. There is consistent change in regard to capital punishment for juveniles and more states have prohibited their executions (Hoeffel, 2013). These changes are likely to results in more states prohibiting death penalty for the juvenile offenders.

  1. Stanley "Tookie" Williams case

Stanley Williams had been convicted of brutal murder of four individuals in two different cases of armed robbery. The murders took place in February and March 1979.  With his three accomplices, Williams engaged in a robbery spree in a store and a motel, where and murdered four people and made way with $220 in cash (Schwarzenegger, 2005). After exhausting his appeals, William sought for mercy by petitioning for clemency by claiming that his personal transformation and redemption proved that he deserved it. He also claimed that due to the issues in his trails, the jury’s judgment fairness had been undermined (Schwarzenegger, 2005). The controversy in the case stemmed from the claim that the trail was unfair which saw an extensive litigation involving at least 8 judicial opinions at the state and federal courts.  Among the various issues that rose involved reliability and adequacy measures used in trial, the accused competency to face trail and the influence of Williams threats to the jurors (Schwarzenegger, 2005).  The decision by the court was not warranted for since the accused had shown clear transformation and through remorseful pleas, he had been redeemed. Moreover there are other issues that appear to have influenced the decision by the court such as Democrat v. Republican contests. Clemency in this case was deserved by the accused.

References

Murray, R. K. (2014). Innocence Project. The Encyclopedia of Criminology and Criminal Justice, 1-5.

 

Shafir, E. (2013). The behavioral foundations of public policy. Princeton: Princeton University Press.157

 

Wilgoren, J. (2003). Citing issue of fairness, governor clears out death row in Illinois. New York Times, 1. Retrieved from: https://www.nytimes.com/2003/01/12/us/citing-issue-of-fairness-governor-clears-out-death-row-in-illinois.html

 

Steiker, C. S., & Steiker, J. M. (2016). Courting Death. Cumberland: Harvard University Press. 346

 

Alford, R. P. (2005). Roper v. Simmons and Our Constitution in International Equipoise. UCLA L. Rev., 53, 1.

 

Hoeffel, J. C. (2013). The Jurisprudence of Death and Youth: Now the Twain Should Meet. Tex. Tech L. Rev., 46, 29.

 

Roughan, N. (2013). Authorities: Conflicts, cooperation, and transnational legal theory. Oxford: Oxford University Press.

 

Schwarzenegger, A. (2005). Statement of decision: Request for clemency by Stanley Williams. Retrieved from: New York Times website: http://graphics8. nytimes. com/packages/pdf/national/Williams_Clemency_D ecision. Pdf

 

 

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Punishment

  1. Conjugal visits

Three issues that would inform the decision to adopt conjugal visits procedure for prisoners include: the impacts of the visits on the well-being of the prisoners and on the family unit; the impact of the procedure on prisoners’ violent behavior; whether the conjugal visits would serve to eliminate or mitigate cases of sexual abuse especially in male prisons.  The relevant data in this case consists of research on the relationship between the programs and the rate of violence in the prison among the participating prisoners.  The data on studies done on how conjugal visits affect the welfare of the family unit will also be important in this case. These two issues are important since they are focused on the family units including the fact that transformation of violent prisoners will help in maintaining nuclear family and reducing the emotional stress among the spouses of the inmates. The issue of sexual abuse has been shown to be a common problem especially in male prisons (Wyatt, 2005).

 The review on the research would help in adopting the conjugal visit program for individuals who have shown behavioral change apart from individuals who have been convicted for sexual abuse (Hensley, Koscheski, & Tewksbury, 2002).  It is necessary to introduce the program since it focuses on individual and family well-being.  The family is an important unit even when an individual has been sentenced for a given crime and where communication and interaction with family members is curtailed, the inmates may become more violent or aggressive towards officer or one another (De Claire, & Dixon, 2017). Opponents for this program argue that the conjugal visits are likely to bring about negative attitudes on the part of prisons that are not permitted to take part in the program. A major argument is that the visits would provide an opportunity for the prisoners to access contrabands and drugs, resulting in a big problem in the prison facilities (Hensley, Koscheski, & Tewksbury, 2002).  The program also has some disadvantage with the major problem being related to the visits being the spread of infectious diseases such as HIV/AIDs.  This is especially true if the prison officers fail to adopt effective precautionary measures (Hensley, Koscheski, & Tewksbury, 2002). Laxity in security would raise many concerns relating to the procedure.

  1. Dean Claude Odermatt case

The issue of chemical castration involves using medication to eliminate any sexual interest and the ability of the individual to engage in sex. The procedure is effective as long as the administration of the drugs continues but will be ineffective the moment the medication procedure is discontinued. The use of chemical castration has some benefits over the conventional surgical procedure. The procedure can be life-long for some of the sex offenders but may also allow them to normally engage in sex especially in psychotherapy context (Douglas et al 2013). The procedure can be administered voluntarily to the sexual offenders. Moreover, it may serve to relief the public through the knowledge that the procedure is being administered to the sex offender (Douglas et al 2013).  The process of chemical castration should be performed on offenders who have been accused of sexual battery or who have been consistent sexual abusers. Since the procedure cannot be presented as an option for incarceration, it should be adopted to prevent these individuals from reoffending (Douglas et al 2013). Thus, the offender who has been incarcerated may be given an opportunity to be chemically castrated or face longer imprisonment.

References

Hensley, C., Koscheski, M., & Tewksbury, R. (2002). Does participation in conjugal visitations reduce prison violence in Mississippi? An exploratory study. Criminal Justice Review, 27(1), 52-65.

Wyatt, R. (2005). Male rape in US prisons: are conjugal visits the answer. Case W. Res. J. Int'l L., 37, 579.

De Claire, K., & Dixon, L. (2017). The effects of prison visits from family members on prisoners’ well-being, prison rule breaking, and recidivism: A review of research since 1991. Trauma, Violence, & Abuse, 18(2), 185-199.

 

Douglas, T., Bonte, P., Focquaert, F., Devolder, K., & Sterckx, S. (2013). Coercion, incarceration, and chemical castration: An argument from autonomy. Journal of Bioethical Inquiry, 10(3), 393-405.

 

 

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