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Criminal Justice Careers Lawyers Career

Criminal Justice Careers: Lawyer’s Career

Name

Institution

Lawyer’s Career

Defending the right of the accused or fighting for the justice of wronged is an integral component of the criminal justice systems. A lawyer of a defence attorney bears this responsibility. In defending a defendant, the lawyer has to convince to the court beyond any contestation that the defendant did not do or intend to do the crime for which he /she is charged with (Johnstone, 2008). On the other hand, when representing the plentiful the lawyers must prove that the defendant committed a crime against the plentiful and must face justice. Layers or defence attorneys career is the most renowned career in the criminal justice field. Furthermore, it is the highest paying career in the field. According to Criminal Justice Schools Review (n.d) lawyers have the possibility of earning attractive salaries ranging from $55,000 to $100,000 yearly.

There are several databases about criminal justice careers especially lawyers career one of this database in the Yale school database has articles about lawyers profession, education and career opportunities. The database further provides information for scholarships for law students. The database can be found online at HYPERLINK “http://digitalcommons.law.yale.edu” http://digitalcommons.law.yale.edu.

Professional associations are also an important component of lawyers’ careers. There are several professional associations for lawyers in American. Three of the most notable associations are American Bar Association, American Judicature Society and Association of Trial Lawyers of American. American Judicature Society (AJS) was founded in 1913 as a non partisan and independent organisation. It also accepts membership from non-lawyer criminal justice personnel and other people from the public irrespective of their profession. Its mission is to “promote fair and impartial courts through research, publication, education and advocacy for judicial reform” (American Judicature Society, 2012). Its activities focus on access to justice, judicial ethic, criminal justice reform, jury system, and judicial reform. American Bar Association (ABA) was founded in 1878. It is a large organisation with over 400, 000 members and over 3,500 entities. The association mission is “To serve equally our members, our profession and the public by defending liberty and delivering justice as the national representative of the legal profession” (American Bar Association, 2012) ABA aims to achieve four main goals (American Bar Association, 2012):

Serve its Members

Improve the lawyer profession

Eliminate Bias and Enhance Diversity

Advance the Rule of Law

Association of Trial Lawyers of American was initially known as American Trial Lawyers Association before changing to the new name in 2006. The association is composes of lawyers from each of the American states. It is concerned with the educating lawyers and handling their professional needs (The American Trial Lawyers Association, 2010).

The attorneys ensure that law and due process are upheld. However, as they enforce the law, their activities are controlled by a code of conduct. Every state has a code of conduct that ensures that lawyers within its jurisdiction uphold integrity of the criminal justice system. In my state Maryland, the code of conduct is available online at Legal Information institute’s website. They stipulate the procedure and activities a defence lawyer can take part (Legal Information institute, n.d.).

References

American Judicature Society. (2012). About AJS. Retrieved from http://www.ajs.org/ajs/ajs_about.asp

Criminal Justice Schools Review. (n.d.). Retrieved from http://criminaljusticeschoolsreview.com/criminal-justice-careers/

Johnstone, Q. (2008). An Overview of the Legal Profession in the United States, How That Profession Recently Has Been Changing, and Its Future Prospects. Faculty Scholarship Series. Paper 188 retrieved from http://digitalcommons.law.yale.edu/fss_papers/1888

Legal Information institute. (n.d.). Maryland Lawyer’s Rules of Professional Conduct. Retrieved from http://www.law.cornell.edu/ethics/md/code/MD_CODE.HTM

The American Bar Association. (2012) ABA Goals and Mission. Retrieved from http://www.americanbar.org/utility/about_the_aba/aba-mission-goals.html

The American Trial Lawyers Association (2010). Retrieved from http://associations.uslegal.com/the-american-trial-lawyers-association/

Criminal Justice First Nations

Criminal Justice: First Nations

So how is that understanding different?

People take in issues differently. This follows the difference that people have when it comes to insight, reasoning and the level of wisdom. The understanding of the quote is different in a manner that it advocates for looking at issues not conventionally, but with different perspectives. The understanding acknowledges the fact that people must think and reason. However, no one should force the other to take things the way he has thought of such things. This follows that one may have a bias in though, thus, forcing someone to believe whatever is wrong may be quite detrimental to the psychological mainstream of that person. The understanding of this thought is different since it acknowledges the role of freedom of thought. Thereby, it elicits the sense that someone should be quite radical in analyzing issues pertaining to religions, society and the environment in which one lives. Therefore, following the fact that the Creator has given us a different understanding, we should look into issues with a diversity of views, reasons and logics. This should form the core of our understanding with regards to the quote.

What is your reaction to the Gladue decision, to “special treatment”?

It is of critical importance to note that unity is an issue of paramount importance for the development and peace of any nation. The issue of maintaining peace and unity may be achieved in several ways. These may include the issue of indiscrimination of a part of population forming the nationality of any state. As such, the issue of racial inequality should also be suppressed to the maximum by such federal states. This will function to sustain the unity within such a state. However, absence of unity may result to violence, thereby contributing towards deteriorating the security status of the nation. The Gladue decision on the issue of special treatment given to the Aboriginal people is justified. This follows that His decision championed the rights of freedom and enhanced unity amongst the people (Ross, 29). His decisions recognized the need to continued healing and restorative justice amongst the individuals.

What about the questions posed by Rupert Ross in Module 1 from the Criminalization and Colonization paper?

The questions posed by Ross elicit different levels of thought when it comes to issues affecting the community and especially the aboriginal people. Such questions are rhetoric, though are full of mind inciting levels of wisdom, coupled with informative perspectives with regards to the issues highlighted (Ross, 42). Majority of these questions have touched on the schooling of the Aboriginal people and the link of that to the criminal activities. This elicits the emotional part of it considering the fact that offering education to the Aboriginal people is confused or mistaken as an opportunity to exploit criminal acts of violence. This shows some sort of serious discrimination to the people of Aboriginal origin. The needs of the Aboriginal individuals are depicted to be ineffectively attended to, thus drawing the concerns for special treatment.

What is your reaction to and view of the treaties?  Do you think you should be bound by contracts made over a hundred years ago by other people?

It is a matter of crucial significance to note that treaties contribute a lot towards the wellbeing on several individuals. Different treaties touch on different aspects of life. it is prudent enough to note that all treaties are formed so as to offer the present as well as future solutions to issue that are core to the well being of humanity (Ross, 37). In this regard, it is of critical significance to acknowledge the fact that it is human beings who makes such treaties following some financial, educational, economic, political as well as social factors concerning the community as a whole. Therefore, in my view, it is significant that we take the treaties with the seriousness with which they deserve. It is always a matter of debate as to whether one may agree to bind by the contracts designed by other people. However, the issue is that when such contracts espouse general good will to the individuals, then it would be nothing more than a disgrace to not honor such contracts. These contracts should be honored regardless of the times that they were made as long as they champion the act of good will to the community. This follows that majority of such agreements may advocate for the rights of citizens as depicted. These include the rights to ownership of land. In addition, it is always critical to acknowledge that the level of fairness and wisdom with which such treaties were created is quite important.

How are the languages constructed?

Languages are constructed in several forms. These may include the diversity of cultures, races and tribes coming together in a common geographical area. The environment in which individuals thrive may also contribute towards construction of any language (Ross, 35). A prominent person may come up with just but a word. That word may go viral in the society, community or international scope, thereby adding to the vocabulary of the language.

Works Cited

Ross, Rupert. Returning to the Teachings: Exploring Aboriginal Justice. Toronto: Penguin Books, 2006. Print.

Criminal Justice In Japan The Issue Of Forced Confessions

Criminal Justice In Japan: The Issue Of Forced Confessions

Pellegrini (2007), in an article titled “Forced Confessions and the Japanese Justice System,” attributes Japan’s high conviction rate of 99.9% to forced confessions. He describes how Japan’s fast economic growth rate and modernization has not been reflected in its implementation of a fair criminal justice system. By giving accounts of persons who were forced to sign confessions, the author illustrates the extent of this problem to a scale where the media has even made it known to the United Nations.

Pellegrini describes how the Japanese justice system is heavily reliant on confessions which make up 86.6 percent of the 99.9 percent conviction rate. No other country in the world has such a high confession rate like Japan. In Japan confessions are important since they are seen by both the court and the society as a major step to rehabilitation. Most prosecutors will prefer to handle cases involving a confession since they are not often required to disclose how the evidence was arrived at. Confessions, voluntary or forced, are an integral part of the Japanese criminal justice system due to a serious lack of, or determination for, crime-scene investigative skills by the police. Very rarely are witnesses sought or statements, pictures and blood samples taken when a confession can be coerced from the suspect. Forced confessions in the Japanese legal system are safeguarded by the establishment of Daiyo Kangoku which translates to substitute prison. These substitute prisons, located police boxes called Koban, are very “effective confession generators” (Pellegrini, 2007). A suspect can be detained in the substitute prisons for up to 24 days without the assistance of a lawyer. Access to a lawyer is only possible at the suspect’s expense which most people can not afford. The police can further make a formal request to the court for an extension of confinement period by an additional ten days to get what they want from the accused. Interestingly, such requests have often been granted 99 percent of the time. Pellegrini concludes by describing the steps being taken to end this injustice especially through a movie titled I Just Didn’t Do It. He states that no matter how educated those involved in the Japanese criminal justice system are, undemocratic practices by police, prosecutors, and judges will always be an impediment to Japan’s socio-cultural development.

Comparison with the United States justice system

In the United States, the Fifth Amendment offers protection to all citizens from law enforcement acts that would deprive them “of life, liberty or property without due process of the law” (Amar & Lettow, 1995, p. 857). The Fifth Amendment further protects witnesses and suspects from being forcefully requested to incriminate themselves through forced confessions or other coercive admissions of guilt. In the United States forced confessions can not work since any suspect has a choice of pleading the Fifth which gives him or her the right to refuse to answer a question because the response might be self incriminating. The legal provision for protecting suspects from self-incrimination in the United States was put in place to prevent the use of torture in extracting confessions as is the case in Japan. The U.S justice system further protects suspects from self-incrimination in the Miranda rights which offer the right to remain silent. Through the Fifth Amendment, evidence obtained illegally by law enforcement officers is not admissible in court. For example, any confession that was not preceded by a Miranda caution where it was needed can not be admitted as evidence in court. Unlike in the Japanese justice system, the use of forced confessions to make convictions would be almost impossible in the United States.

References

Amar, A. R. & Lettow, R. B. (1995). Fifth Amendment First Principles: The Self IncriminationClause. Michigan Law Review (The Michigan Law Review Association), 93(5), 857–928.

Pellegrini, C. (2007). Forced confessions and the Japanese justice system. Retrieved January 31,2011, from http://www.transpacificradio.com/2007/03/11/forced-confessions-and-the-japanese-justice-system

Criminal Justice Labor Organization

Criminal Justice Labor Organization

Name of Student

Name of Institution

Criminal Justice Labor Organization

The basic reason for the existence of labor unions is to guard the interests of its members in the best way through every machinery and avenue possible. At least this is the theoretical standing. As simple as the argument may sound, however, conflict of interests are inevitable in any labor union (Allen & Sawhney, 2009). A union not only has the interests of its members at heart, but those of the employer too. When a union strives to further the interests of the employer, the employee is at risk, and from here emerges the conflict of interest.

Unions in the criminal justice system are the most powerful in the United States. However, these unions are unique, arguing from the perspective of conflict of interests. Conflict of interests in these unions has effects that affect every other person out there aside from the law enforcement officers. The members of the public employ these law enforcement officers. Consequently, any conflict of interest within the unions puts the officers at a dangerous position against the members of the public whom they owe a service duty (Allen & Sawhney, 2009). Such a conflict as this cannot be cured easily.

A good example is the duty of law enforcement officers to arrest criminals instead of defending them. Where police unions are involved, the officers may end up defending criminals instead of arresting them. This will pervert justice against the will of members of the public. A case in point is in Alabama where law enforcement officers set up some benefit for purposes of funding the defense of fellow officers caught beating up an unconscious man (Gray, 2009). This shows how far police unions can go in derailing the justice process. As brutal and insensitive as it sounds, law enforcement unions have a reason to stay. They serve a crucial role of guarding the officers from public servants who champion political favoritism as compared to merit.

References

Allen, J. M. & Sawhney, R. (2009). Administration and Management in Criminal Justice: A

Service Quality Approach. NY: Springer

Gray, J. (2009). Police unions to barbecue to help defend officers fired in videotaped beating.

Retrieved 16 February 2015 from HYPERLINK “http://blog.al.com/spotnews/2009/10/police_unions_to_barbecue_to_h.html” http://blog.al.com/spotnews/2009/10/police_unions_to_barbecue_to_h.html

Criminal Justice- Major Tests for Insanity

Major Tests of Insanity

(Author’s name)

(Institutional Affiliation)

Introduction

The criminal justice procedure exempts criminals from full penalty on account that a defendant claims and proves that the criminal acts committed were due to temporary or permanent insanity. In legal terms, the word insanity is defined as a medical illness or defect (Bing, 1996). However, this description is not tantamount to the medical definition of insanity, which relates to having a mental disease or disorder. Accordingly, the court has to perform tests of insanity to prove whether the defendant is insane before punishment or acquittal.

This paper presents a discussion of the four major tests of insanity employed in criminal justice. The paper compares and contrasts these four tests and gives a recommendation of which test is best suited to determine insanity.

The Four Tests of Insanity

In criminal law, a mentally ill person is not necessarily legally insane and vice versa. For that reason, tests have to be carried out to determine whether the accused is insane or not so as to know how to pass judgment. Four major tests of insanity have been applied to determine insanity including the Federal Test, Irresistible Impulse Test, M’Naghten Test, and the Model Penal Code Test.

Enacted in 1984, the Federal Test states that a defendant can be excused from his crimes if, at the time of committing the offence, he was suffering from a severe mental disease which caused him to have complete cognitive incapacity (Bing, 1996). Simply put, the defendant needs to prove that his mental disease resulted in him not realizing what he was doing or the wrongfulness of his acts.

The Irresistible Impulse Test, on the other hand, states that a person can claim to be insane if, when committing the offence, he acted from uncontrollable impulse and could not choose between right and wrong acts. In essence, this test argues insanity on the lines of mental illness that affects volitional capacity (Bing, 1996).

Comparable with the Irresistible Impulse Test, The M’Naghten Test looks at insanity as a mental illness that causes cognitive disability (Bing, 1996). This test states that a person can be deemed as legally insane of at the time of committing the crime he suffered a disease of the mind, which caused the person not to know the nature of the criminal act committed.

Lastly, the Model Penal Code Test states that a person can be considered as being legally insane if, when committing the act of crime, this person did not have substantial capacity to understand that his acts were criminal or to abide by the rules of the law about committing that crime.

Out of the four insanity tests used, the best and most appropriate insanity test is the M’Naghten test. This is because, this test demands that the defendant prove to be suffering from complete cognitive disability and does not recognize incapacity as a cause for insanity. Claiming that a defendant was incapable of recognizing his crime or controlling his impulse or abide by the rules of law is not substantial enough to declare insanity. This is because; it is quite easy for a defendant to argue out that they were incapable to recognize the crime committed even if they are not legally insane. For that reason, the M’Naghten test is the only test that can really prove if a person is insane or not, thus allowing the court to give a merited ruling over the case.

 

References

Bing, J. L. (1996). “Protecting the Mentally Retarded from Capital Punishment: State Efforts

Since Penry and Recommendations for the Future.” New York University Review of Law and Social Change, 22.

Criminal Justice System Components Analysis

Name:

Institution:

Course:

Tutor:

Date:

Criminal Justice Administration

Question One: Criminal Justice System Components Analysis

Aspect of Comparison Courts Police Prisons

Management Structure of the component The structure has the supreme Court at the top, followed by the circuit courts of appeal (11) and DC Circuit, federal circuit and Court of appeal for armed forces. Under the circuit court, we have the district courts and tax court. Under the federal courts we have the court of international trade, courts of federal appeals and veterans appeal. Under the court of appeal for armed forces, there are the navy, marine, corps, air force and coast courts of military review (Alison & McNeil 113). Has a linear management structure with the department of state police at the top, then bureaus, commands, troops, divisions, barracks, sections and units (David, 112). Headed by the prison warden under whom we have a clerical supervisor and support staff. We then have two deputy wardens one charged with treatment responsibilities and the other security issues. Under the former, we have a director of security then six captains. Under each captain, we have lieutenants then sergeants, corporals and correctional officers Under the second deputy warden charged with treatment responsibilities, we have the director of treatment and the manager. Under the manager, we have human resources and purchase, then assistant manager and counselors. Under the director of treatment, we have two prison supervisors and, inmate healthcare and correctional counselor (David, 59).

Differences in organization The organization is more distinct It is a linear structure with no subordinates It is the most comprehensive structure

Roles and Functions They enforce justice by making decisions regarding judgment of offenders based on authoritative interpretation of law (Fuller 52) Policing, conduct investigations, awareness creation, provide security Administer punishment to law offenders and rehabilitate the same (Mark 45)

Are there guidelines governing their duties There are professional guidelines governing duties of each party Their duties are governed by distinct guidelines and professional ethics There are distinct guidelines governing duties of different personnel.

Rights offered to personnel Have a right to pursue education at a higher level They are provided with licensed arms when dealing with criminals Have a right to employ force in defense especially when dealing with violent criminals

Impact of personnel roles on criminal justice system Maintain justice They ensure that there is sufficient evidence to prosecute offenders. By punishing offenders, they prevent crime

Challenges that the personnel face They lack sufficient personnel to address cases in a timely manner They risk their lives when dealing with criminals. They lack vital resources to carry out duties with ease (David, 111) Their security is often at risk especially when dealing with hardened criminals

Question Two: Management Hierarchy Organizational Chart of the US Court System

Question Three

Techniques for Influencing Criminal Justice System Change

One of the administrative constraints that are exhibited by the criminal justice system is the lack of enough personnel to deal with the rising cases of crime in an effective and timely. This is especially evident in the courts where the pace of dealing with the cases has raised various concerns. This has in return has had far reaching implications on the correctional facilities that are expected to accommodate reprimanded individuals. Consequently, the facilities therein have been strained, further having negative impacts on the wellbeing of the prisoners. This also seems to stem from poor communication between the three constituent parties.

In order to counter the situation above, I suggest that the federal government should provide more funds to the system. This would enable the required stakeholders to employ a competent management team that would ensure that the crime cases are handled effectively and justice enforced in a timely manner. In addition, extra funding would be employed in purchasing required machinery that would enhance the efficiency of dealing with the numerous cases. To address poor communication, I suggest that the system should adopt an integrated approach. In this, all the information about the functioning of the system needs to be collected and posted on a database. This would enhance timely access to important information and would ensure that the constituent systems make informed decisions at all levels.

Works Cited

David, Garland. Crimes and Criminals. Oxford: University Press, 2003.

Fuller, John. Criminal Justice. USA: Prentice Hall, 2005.

Hanes, Alison. & Sharon, McNeil. Crime and Punishment. USA: Farmington Hills, 2005.

Mark, Thompson. Criminal Justice System. UK: Pluto Press, 2004.

Criminal Justice System. Courtroom work group

Criminal Justice System

Courtroom Work Group

Courtroom work group comprises of the various categories of professional officers that partake in the direct court processes. Among the mandatory players of the court process that constitute the court work group include the bailiff, public defenders, the bench composed of judges, prosecutors, defense attorneys and other employees of the court such as court administrators. In an ordinary court day, at least all these players must have a direct role or must have an interest in the procedure due to their direct involvement in the court process. There are various rules and regulations that provide the official roles of the different work group officials for professionalism to prevail in court processes (Schmalleger, 2011). Statutory guidelines form the conduct provisions that the courtroom officials must follow in the judicial procedures. Among such statutory requirements, provisions of ethical conduct reminiscent of the demands of the profession form the most important role definition and service delivery (Banks, 2004).

Despite the diversity of the roles carried out by various courtroom group players, certain levels of interaction and cooperation must always prevail to facilitate the delivery of requirements of court processes. Among the most important principles of such cooperation is the spirit of compliance with civility rules, which are generally not as formal as the statutory rules. The bottom line in court procedures is the discharge of justice to the public and the participants in the courtroom work groups work with dedication to complete the process (Banks, 2004). In view of possible recommendations to the operations of the courtroom work groups, declaration of the extent of protection of public interest in various positions taken should formulate the ethical culture in courts. Contrary to principles of public interest, certain legal positions appear to favor individuals and courtroom work groups must demonstrate public protection.

The Prosecutor

Prosecution concept of the courtroom gains materiality due the presence of a prosecutor, who is the state’s representative in cases where public interest protection borne by the state is contravened. Criminals infringe on public interest and the case is presented by the state in court through a prosecutor, who is also referred to as an attorney or solicitor (Schmalleger, 2011). For purposes of title and ascent to office, different prosecution offices exist in the US. For instance, the position of a solicitor in certain states is elective for a period of four year renewable term. Federal prosecutors however ascend to the position through a different arrangement of hiring. Other roles include liaison with the police department to offer legal assistance in cases where technical legal requirements may be needed.

In view of the discernment of the appropriate case to take up for prosecution, the prosecutor must exercise prosecutorial discretion, which is guided by the balance of facts available for the work. As illustrated by the facts of the infamous “Duke Rape Case”, prosecutors must proceed with a particular case if they have sufficient support for a prosecutorial cause (Schmalleger, 2011). The prosecutor in the case was dismissed from service due to light judgment on a case that he chose to prosecute, despite several contradictions. Terming it as a misuse of the enormous power at the disposal of the office, the Attorney General of North Carolina defined the prosecutorial discretion that must be informed from thorough prior analysis of the case. The US Supreme Court’s input in the definition of the discretion that must be exercised by prosecutors provides for some actions that a prosecutor must take to decipher the magnitude of an infringement to amount to prosecution. Assessing the remoteness of case dismissal facts must inform the prosecutor on whether to drop a case of to proceed.

The question of how stringent the criteria of prosecuting a case ought to be is answered by the likelihood of attaining evidence beyond reasonable doubt. In the requirement that the prosecutor must adduce uncontestable evidence, the criteria of prosecuting cases must be based on the availability of evidence. Raising the standards too far may cause the prosecutor to find little evidence in a case whereas lowering the standards too low may lead to dismissal of cases that have sufficient evidence for prosecution. By creating a balance of the available facts and evidence to a case using prosecutorial discretion, a prosecutor should find the appropriate action to take without implicating the credibility of his office.

The criminal justice funnel complicates the deployment of judicial resources across all criminal cases with equality, as a fundamental principle of the criminal justice process. Profiling of cases at the courts leads to discriminatory case execution approach which defies the equality principle in the courts. As a rule of operation, all cases should be accorded the seriousness that they require and an expeditious process provided to the parties of the case. In the criminal justice funnel, the case profiling thereon depicts the system subject to several forces leading to complexities of discharge of justice (Schmalleger, 2011). A majority of cases in the analysis are easily expedited based on their less complex nature while fewer cases get a rare attention due to their high profile and complexity. Resource deployment in the cases is differential due to the inequality witnessed in the attention of the courts, perhaps occasioning the challenge of the court system in terms of efficiency.

The apparent characterization of cases in the funnel leads to complication of discharge of justice, which can build public trust in the delivery of justice since justice delayed is assumed to be denied. All levels of the funnel must be collapsed if the criminal justice system is to attain efficiency levels reminiscent of a society embracing instant innovations and solutions (Smartt, 2006). Due to enhanced technological capacity of the courtroom groups, it is possible for the courts to interrogate the ordinary requirements of the judicial procedure to arrive at the appropriate conclusion with a high accuracy within pleasant timelines. Equally, the cost of carrying out judicial procedures should be revised downwards due to the enhanced information systems making judgments conceivable with impressive speeds. For instance, it is possible for a criminal investigation to proceed with accuracy if forensic expertise currently availed by technologies such as biotechnology continues to form part of the process. While spending on such a case may be presumed to be higher, the removal of the burden on the court upon its disposal releases the court to deal with other cases thereby generating a cheaper option for the entire judicial process.

Cases backlog in the court as a result of inefficiencies and lack of resources to expedite court processes can be overcome if the bottlenecks are eliminated in the system. Speedy arrest, prosecution and trials as envisaged in the Speedy Trial Act which targets at the elimination of cases likely to clog the already crowded case list. In view of the need to reduce the number of unnecessary procedures entering into the judicial process, there are several pretrial procedures that attempt to dispose off lighter cases or reduce the length of the process through bargains. For instance, the prosecution may enter into a pretrial plea bargain where the procedure of adducing evidence in court to implicate the defendant may be shortened by negotiations of disclosure by the defendant for a speedier process. Application of technology may provide speedier delivery of justice such as video conferencing that eliminates time wastage through travelling. Other automation processes that are likely to enhance speed of judicial processes include integration of court processes for improved efficiency such as recording, storage, efficient scheduling and judges’ allocation to cases (Schmalleger, 2011).

References

Banks, C. (2004). Criminal justice ethics: theory and practice, Thousand Oaks, CA: SAGE Publications Inc.

Schmalleger, F. (2011). Criminal justice today: An introductory text for the 21st century (11th Ed.). Upper Saddle River, NJ. Pearson/Prentice Hall.

Smartt, U. (2006). Criminal justice, Thousand Oaks, CA: SAGE Publications Inc.

Criminal Justice System

Criminal Justice System

Name

Institution

Year

The American justice system has undergone tremendous changes that have been geared towards improving its response to crime and disorder. Key changes have been framed within the national law and guided by the constitution as seen in the penalties applied. The reflection of the national law and rules set at state level has created a system that is derived from the need to counter the urgent needs in crime prevention or deterrence. The main difference between the two systems is that in common law countries, case law in the form of published judicial opinions is of primary importance, whereas in civil law systems, codified statutes predominate. In fact, many countries use a mix of features from common and civil law systems.

Common law has proven effective when dealing with some form of crime and maintaining law and order. In the U.S, the application of common and civil law has been practiced and showed considerable good results in shaping order and stability (Harry & Jay, 2013). Common law as a link between morals and civil law is applied in courts when the judge needs to weigh out the sequence of events that may have led to a crime. The various aspects of criminal justice and law application derive a common setting when applying both common and civil law. Another difference is that common law abides by the legal justifications and a set of statutes while civil law is documented and remains unchanged for a long time (Harry & Jay, 2013). The legal application of these two sets of laws depends on the mater at hand as well as the codified statutes within the legal framework of a region.

The U.S. criminal justice system could be improved by adopting the civil law tradition because it would open up to the introduction of statues that would strengthen the court processes and crime deterrence. One way to improve this is by incorporating the statues that define moral and legal entities of the law within a given area (Harry & Jay, 2013). The U.S. criminal justice system can therefore be improved by enacting the right statues within the legal framework as defined under the civil law tradition.

Reference

Harry, D & Jay, A. (2013). Comparative Criminal Justice Systems. Fifth Edition. been

Criminal Justice Workplace Observation Interpol

Criminal Justice Workplace Observation: Interpol

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Course

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Date

Working at Interpol is one of the most exciting opportunities that is mixed with various aspects of challenges, opportunities, multiculturalism, and risks and urge to produce tangible and reliable results. As a criminal agency, the organization has certain unique behaviors. The organizational behaviors have greatly influenced the employee’s approach to work as well as the socio-cultural issues that define formal and informal relationships. The agency employs systems approach in its mission by ensuring that the undertakings are geared towards achievement of the set objectives to the satisfaction of all the stakeholders and Interpol itself. As such, there is wide application of supportive model of Organization behavior where the leadership is determined to provide the needed resources and support to all the groups. From the top leadership, the organization has always benefited from the well crafted strategic plans and long term oriented tactical decisions. The middle level leadership on the other hand helps to coordinate the strategic and non strategic plans and act as link between the top management and the operational staff. This has ensured that the communication culture practiced is objectively seamless and feedback oriented. This however does not imply that every information or investigative reports lands in the hands of all the internal stakeholders. The organizational behavior requires that very sensitive information is selectively handled while the actors on the ground are given new tip offs in an investigation as well as the newly emerging details of a crime or a criminal. Similarly, the handlers of every piece of information are required to adhere to the voluntarily codes and ethics that call for accountability. Through the culture of accountability and self discipline as espoused in the codes of conduct, there has been positive impact on the work of the agency as incidences of leakages to the media; collusion and compromise have been very rare. According to Neild (2007), it is important that criminal justice agency should promote high level of transparency, decently treat employee, be accountable to the society being served and efficiently apply high level of professionalism. The management however should improve this situation by training the staff on how to handle sensitive information and also use one mode of public relations outlet so that conflicting information can be authenticated and verified.

The Interpol’s organization behavior model is also characterized by high level of social interactions and individualization. This has positively enhanced creativity at the organization and made both employees and Interpol to grow together. Through the interaction of the two concepts, the agency has taken into account need to respect the rights of the employees while at the same time encouraging collective approach to work so that the focus is on what is mutually beneficial. To ensure that the organization remains representative of the member’s states, there is use of such languages as English, French Arabic, and Spanish, while the values that are highly emphasized on include high level of accountability, team work, quality service, high level of integrity and emphasis on human rights (Interpol, 2010).

The organization behavior at Interpol is also characterized by high level of collaboration with different influential stakeholders. As such, Interpol employees do not pursue just the organization’s objectives but also handles crimes or investigations for member states and partners. There is however need to factor in national information policy in the process of investigation, for example in the application of laws that govern information science (Gorman, 2006). For example, the organization has worked closely with the UN and Rwandan government to trace the 1994 genocide’s masterminds. The same applies to tracking of Ramirez Mandujano, a Mexican criminal who was finally held (BBC, 2008). Also, Interpol mutually works with UNESCO to help tackle trafficking of cultural artifacts as well as technological misapplication to promote crime. In the collaborative behavior that is also characterized by ‘exchange of personnel on a temporary basis’, the organization climate requires that the information available is relevantly used, promptly shared, monitored and handled (UNESCO, 1999).

This has positively enhanced the employees’ expertise and ability to handle diverse forms of crimes. The collaborative approach to work behavior however may negatively lead to collusion and information leakages as well as multiplicity of reporting relationships. To deal with this, the management needs to subject all the collaboration, joint operations and investigations as well as joint employee trainings to its internal policies and work climate. This will enhance the good aspects of unity of command so that the spillovers of matrix structures are dealt with.

The other aspect Interpol’s organization behavior is inherent in its administrative control and structure. To set up the top organizational leadership, the organizational traditions and norms are followed. As such, the members states, which are political stakeholders each nominate a delegate to from the General assembly from regional representatives are elected. This culture has promoted universal acceptance of the organization as each of the region is represented in topic decision making organ. The hierarchical system of the agency is also characterized by existence of National Central Bureaus that work each member country in liaison with the local police. Evidently, Interpol’s structure allows for a proactive leadership approach that is accountable to the UN, members and the general society. To perpetuate the positive impact of the agency’s leadership there is need for deliberate measure to ensure equity, gender balance and competency of the top leaders. At the same time, the positive work climate that promotes cross cultural respect and multiracial organizational identity should be enhanced. This should be observed in all aspects of recruitment such as appointment of expert advisors.

References

BBC (2008). Ex-crime chief arrested in Mexico. Retrieved June 26, 2010, from

http://news.bbc.co.uk/2/hi/americas/7742409.stm

Interpol (2010). Recruitment. Retrieved June 26, 2010, from

HYPERLINK “http://www.interpol.int/Public/Icpo/Recruitment/default.asp” http://www.interpol.int/Public/Icpo/Recruitment/default.asp

Gorman, B. (2006). Biosecurity and Secrecy Policy: Problems,

Theory, and a Call for Executive Action. Journal of law and policy, Vol. 2:1 .

Neild, R. (2007), USAID program brief: anticorruption and

Police integrity security sector reform program. ARD, Inc, Burlington, USA.

UNESCO (1999). Relations with the international criminal police

Organization (Interpol) and draft cooperation agreement between UNESCO and that organization. Retrieved June 26, 2010, from

http://unesdoc.unesco.org/images/0011/001158/115849e.pdf.

Criminal justice, the merger of UWEAR and PALEDENIM

Criminal justice

Name

Institution

Date

Criminal justice

Merger is a combination of two or more companies by exchanging of file and other resources and offering share holders of one company for the purpose of doing business and enhancing security and increasing profits and productivity. (LaFasto, 2010) For companies to merger, there are a lot of things that needs to be considered in all the merging companies, they need to be in related businesses, doing the same things or all most the most things, they need to consider the aims and purposes of all the companies and after the companies merge they need to work together, help employees understand that they are now one company that needs developments, revise the way all the employees were working on their individual firm and come up with roles and a policy that will be followed by all the employees, identify ways to make the employees work together, come up with motivation strategies that will encourage the employees to work hard and smart (Larson, 2009).

After the merger, UWEAR and PALEDENIM work as one firm now and they should do everything to grow together. Policy development involves gathering of information, data and even consulting and reviewing. Identification of needs is one way of developing a policy, after you have identified needs of the company you need to give responsibility to specific employees who can handle it. A policy helps in consulting all the stakeholders and according to the needs of their company you can be able to come up with ways and procedures the can be followed by all parties. For both companies to work together, you need to put in place ways to monitor employee’s performance and attendance in the work place. First, you can come up with ways like introducing software that will be put on the entrance and every employee will be given a key card that he or she will be using to get in and get of the premises. This system will be monitoring when the employee has come to work and at what time he or she has left in the evening. For them to follow, they will be told that according to the numbers of hours they have been at work is how they will be paid. If you came to work at eight and left at eleven, then you will be paid for three hour; if you came to work at eight and left at six pm then you will be paid for ten hours. This system will help employees to work hard (Huitt, 2006).

The best team at work should have the following attribute attributes; good behavior, team players, and good relationship with work mate, good decision making and problem solving skills, good anger management skills. This is some of the methods required to help UWEAR and PALEDENIM work together as a team and also help employees work hard. The management should help employees to improve on decision making techniques and also have the ability to solve problems, according to the techniques the they identify on each employee, they should be able to support individual differences and also identify what every employee can handle and what they can handle (Larson, 2009).

References

Huitt, W. G. (2006). “How to develop policies and procedures” policies and procedures. William G. Huitt.

LaFasto, F. (2010). “Problem Solving and Decision Making”. Problem Solving and Decision Making. Frank LaFasto .

Larson, C. (2009). “When Teams Work Best”. Teams Work . Carl Larson.