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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 as a component of the legal system

Criminal Justice as a component of the legal system

Criminal justice is a very important component of the legal system of any country and as such there is need for closer look at the systems that ensures perpetrators of criminal acts whether the adults or minors are properly punished and rehabilitated to avoid the recurrence of the same acts. This process however becomes difficult when it comes to the minor offenders that are taken to juvenile prisons. It’s important that the government of any country puts in place measures that can deal with cases of criminal offences that serve justice to both the offenders and victims and also encourage deterrence measures. This paper will explore the scared straight program which has become one of the common programs in the US and relates to the direct engagement with juvenile convicts with adult offenders to enhance a criminal justice system. The will particularly evaluate how it can be used to assess criminal justice system and the ethical concerns that may affect its operation.

Discussion:

The scared straight method gained popularity in the US in the 1970s when there was call for efforts to minimize the way wide behaviors by the inmates in the juvenile prisons. This was one of the approaches of combating more serious criminal acts by the inmates. The program mainly used direct heart to heart engagements with the juvenile in mates. This was one of the most effective way of changing the behavior of the inmates and creates a more positive perception about the prison life. The program was initially roled out in New Jersey prison but later became the norm of many jurisdictions especially across the US. This idea however became a flop in other jurisdictions with notable ones being the Jackson state prison where a six month study on the inmates indicated minimal change of behavior among those who were taken through the program and those who did not participate (Hagan, 2010).the challenges of the application of the scared straight program therefore led to a lot of brainstorming as to what could be the best way to apply it to evaluate criminal justice among the juvenile.

It must however be recognized that scared straight program is a brilliant idea that can lead to tremendous results due to its interactive nature and in this case it’s the best way of changing the behavior of the inmates and hence there is need to fully make use of the idea. This can be done through a well organized mode of application as discussed below.

A study conducted by the department of sociology and criminal justice and Bridge Water College revealed that the interventions by conducted in form of scared straight method led to more harmful results than just doing nothing and this was a clear pointer towards better methods of conducting the program to derive results. The authors of the study were still convinced that the scared straight method was still important in rehabilitation programs of the juvenile convicts and other criminal offenders. There is therefore need for rigorous research to determine the kind of treatments and interventions administered to these people leads to positive results. One of the key factors in this study was that the prisoner’s experiences and direct engagements can be an excellent way do changing their behavior and this will be lead to reduced criminal acts among the inmates. This could be achieved better through the scared straight methods. The visit by the minor juveniles to the adult prisons will clearly give them an experience of what they would expect should they continue with criminal acts and this is a wonderful way of changing their perception.

The minors who commit crime needs a lot of guidance and counseling process and this must be the responsibility of all members of the society. Apart from visits to the adult prisons where they will see the outcomes of criminal acts they must also get the services of nurses and professional counselors who should make frequent visits to them and try to show them the right things to do. One of the major causes of deviance and criminal acts by the minors is drug abuse and negative peer influence hence the direct engagement by the professional should attempt to inform them about the dangers of drug abuse and bad company. This will definitely make the program more successful.

The schools have a greater role to play in the rehabilitation of the minor juveniles and hence the school curriculum must be designed in a particular way that it addresses the causes of criminal offences. The school should particularly develop proper communication skills among the children to enable them to be free to talk about their problems at school and in their homes. Social competency and critical thinking skills will also work positively in influencing their decision making abilities and the school must set specific norms and values that will apply to all the students and they must be enforced by the teachers (Chambliss, 2011).

The social engagements must also make the police and law enforcement agents as part and parcel of the scared straight program and hence the program will be inclusive with all stakeholders given the opportunity to freely discuss the problem. The initial idea only included the minor offenders and adult prisoners but there is need for the juvenile offenders to be exposed to both sides of the divide so that they can be responsible in their future life. The main reasons why the scared straight method recorded little success is that minors were only subjected to negative experiences while the positive experiences from the police and other stakeholders could turn the table in the success of the program (Elrod & Ryder, 2009).

The harsh realities of being an adult prisoner cannot be encouraging at any cost and this can be a perfect opportunity to give the kids direct consequences of being in prison and apart from denied the freedom to travel, the brutality by fellow prisoners is an experience that no one would really want to go through. The program must therefore make to reflect these harsh realities and this will be a major deterrent factor to the minors. This process must however be rolled out to rest of the young generation at school and in homes. It’s however worth noting that minors in juvenile prisons may present lower reception levels to the experiences hence its important that this program is introduced to children before they become criminal offenders (Elrod & Ryder, 2009).

The scared straight method can therefore be effective but as discussed above it must be holistic in nature and must not be applied in isolation but needs to complement other interventions and its scope must be wide enough to cover both negative and positive experiences of the criminal life. The involvement of many stakeholders in the process will significantly change the perception. The program can therefore be major deterrent factor especially among the minors. Its effectiveness will therefore depend on the factors discussed above.

Ethical concerns:

The application of the scared straight program has for several times proved to be a failure and a lot of research conducted in the US and other jurisdictions that have applied it shows negative results with Norway being another country that has unsuccessfully applied the program. The biggest concern that affects the program is the ethical issues that surround it.

Most minors that were put under the program especially those that were engaged directly with the adult prisoners were really subjected to unethical behaviors that could drastically change the perception of the children. The behaviors presented by the prisoners have been a major ethical breach that must not be exposed to the minor juvenile offenders. These acts therefore violate the ethical rights of the children who should not be exposed to such acts at a minor age. This ethical concern led to a lot of negative reaction from the members of the public and hence the program was abandoned in Norway in 1990s.

The minors needs proper guidance and counseling when it comes to issues of criminal justice and hence the conditions that the program subjects the children to have be criticized as the major causes of failure. The minors needs more friendly environment to allow them understand the real dangers of criminal act. The scared straight program has therefore seen little success since its inception due to the questionable unethical practices that it imposes on the minors (Siegel, 2008).

Conclusion:

A youth justice system must be inclusive and cover all the stakeholders and hence a better program is needed to create youth justice and prevent crime among the minors. The scared straight method cannot therefore be used as a single program due to the ethical issues that surrounds its application.

References:

Chambliss,J.W.(2011). Juvenile crime and justice. Los Angeles: Sage Reference.

Elrod,P.& Ryder,L.R.(2009). Juvenile justice: a social, historical, and legal

perspective.3rd ed. Sudbury, Mass. : Jones and Bartlett Publishers.

Hagan,E.F.(2010). Introduction to criminology: theories, methods, and criminal

behavior.7th ed. Los Angeles: Sage Publications.

Siegel,L.J.(2008). Criminology. Belmont, CA: Thomson/Wadsworth.

Criminal Justice annotated Bibliography

Criminal Justice annotated Bibliography

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Institution

Course title

Date

Gottschalk, P. (2011). Police Misconduct and Crime: A Gender Study of Crime Types From Court Cases Professional Issues in Criminal Justice 6 (3 & 4), 75-86.

The research is to study the conduct of the Norwegian police, who have a bad conduct and engage in corrupt activities. The police take bribes and use unnecessary force to make the suspects confess to the charges. The research also analyses the various motives of the crime by the offenders, and the relationship between the offenders and their education level.The other aim of the paper is to highlight the various crimes committed by the police, which include sexual abuse, taking bribes, extortion, corruption, and many others.

The researcher of the paper is petter Gottschalk, a professor at the Norwegian school in Oslo. The paper studies the nature of crimes in the Norwegian police force and the number of police officers and civilians involved in committing the crimes. The other issue studied is the comparison between the number of crimes committed by the male and the female officers and civilians in the Norwegian police force. The paper also studies the crimes committed by the officers and the main contributory factor to

the behaviour.

The research findings showed that there are very many crimes committed by the police officers and civilians, especially between the year 2005 and 2010. Majority of the officers who commit crimes are men, and only a few women engaged in the criminal activities. Out of the 60 officers who faced prosecution, 52 were men while 8 were women. Education level is a contributory factor to the number, and the nature of the crimes committed.

The findings are logical since the researcher conducted the research in which he collected data from the police statistical office recorded between 2005 and 2010. The conclusion is logical since the researcher uses the data collected to conclude his work, such as the number of women offenders are very few, and their crimes are the less serious like theft. It is also true that education influences the behaviour of the police officers. More research is necessary to curb the misbehaviour in the police force in the several parts of the world..

Lambert, E. and Hogan, N. (2011). Association between Distributive and Procedural Justice and Life Satisfaction among Correctional Staff: Research Note. Professional Issues in Criminal Justice, 6 (3 & 4), 31-39.

The purpose of the research is to investigate how the procedural and the distributive justice can help shape the correctional staff job satisfaction, stress, and commitment. The other purpose is to find the relationship between the staff education, motivation and age influence correctional staff. The research explored the relationship between the organizational justice and life satisfaction of the staff.

The researchers of the paper were Eric G. Lamber, who is a professor of criminal justice at Wayne State University, and Nancy L. Hogan, who work as the professor at the State University. The two studied the factors that contribute to correctional staff job satisfaction, stress, and commitment to the organization. The factors included education level, age, level of motivation, and the procedural justice. The research took place in the Maximum Security State Prison, Midwest, where they interviewed all the 600 staff on the matters concerning their job, in which the rate of response to the questionnaires was 67 percent. The analysis was by the use of the Statistical Package for Social Sciences by the use descriptive statistics.

The results showed a correlation between the job motivation, procedural correction, reduced stress and satisfaction of the staff. As the staff ages, life satisfaction reduces while the education level determines the correctional staff life satisfaction. The organizational justice increases the life satisfaction of the staff in the prison and creates the atmosphere where everyone feels motivated.

The results are very logical as the researchers carried out the research and interviewed the staff to find the stress levels, motivation and the staff correction. The researchers analysed the results and came up with reliable results. The conclusion is sound as it gives the summary of the research findings carried out on the Maximum Security State Prison, Midwest. The research gives a conclusion based on an analysis of the staff, in which most of them responded to the questions touching on the study area.

Criminal Justice Administration. Arguments for Keeping the Jails in Public Hands

Criminal Justice Administration 

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Tutor

Date

Introduction

With the rise of population and the instances of crimes that warrant mandatory imprisonment and confinement, there has been a challenge to the government to manage its correctional facilities. The challenges emanates not only from the high inmates population influx and budget restrictions but also from the emerging challenges and dynamism in the correctional processes that is geared towards need for rehabilitation as opposed to punishments and provision of quality services. As such, there have been several reforms aimed at enhancing the service delivery processes in the correctional facilities such as guidance and counseling , educational, treatments and training. The limited resources and need to offer specialized services efficiently however gave rise to recognition of private correctional facilities as a means to supplement the public based facilitates. The debate however has been based on the legality, efficiency and possible benefits or challenges of such kind of arrangements. As such, the protagonists have based their arguments on whether or not security sensitive services should be privatized and how the possible legal debacles that may rise from a third party liability and failures be handled.

Arguments for Keeping the Jails in Public Hands

The proponents of the public run correctional facilities argue that the arrangement offers the best way to ensue that the set standards are met and maintained. This is because the government is under obligation to ensure that all the policies and laws relation to construction and management of the prison faculties and the related correctional centers are adhered. This may not be forthcoming from the private arrangements where the profit seeking organizations may compromise the standards if not monitored.

Running of the correctional facilities is a duty of the government that is aimed at ensuring public safety and rehabilitation of the offenders to reform and released them back to the society. According to Austin and Coventry (2001), these are responsibilities which only the government can and should meet so as to avoid the possible legal and political backlashes. As such this is an obligation that is continuous, given that the crime rate is on the rise and the prisons getting overcrowded. Since the government cannot cease to exist, it is correct to argue that the correctional facilities should remain under public administration. For example, the bankruptcy of the privately run facilities may lead to a disastrous outcome such as prisoners being left Scot free by protesting employees whose wages have not paid due to financial problems. Though there may be some arrangements with the private sector such as provision of hedges to safeguard against bankruptcy, it is not guaranteed that the corrupt public officials may not conceal the financial status of a private firm. At the same time, Markey failures may result into collapse of the firms such as regulatory weaknesses as the case of the credit crunch in the mortgage industry. At the same time, there are many hidden costs which only the government may be able to deal with such as medical expenses for the prisoners (Raher, 2002). However, the government may not go bankrupt, generally, as it has many ways of raising funds and redistributing wealth.

The government also has massive resources to train and equip the prison’s security details with the best skills and materials. As such, the security of the inmates and the public would be guaranteed. Further, such capacities gives the publicly run facilities ability to handle both low and high security threat convicts. Since the public correctional services are offered as a public good, there is no profit motive behind it so that the government would not use the opportunity to seek monetary gains. However, if private arrangements are made, there is a possibility of provider’s collusion in the market thus hike the fees. Though this may be avoided through contractual agreements, if demand surpasses supply , the private bodies may gang up to increase feed during contract renewal or renegotiation processes.

Overcrowding of the public correctional facilities is a major challenge that comes with the insistence on the public run facilities. As a result, the convicts are subject to inhumane conditions that is not only degrading but also health compromising. For example, by 2006, in Alabama, the public prisons had a double capacity of prisoners (Johnson, 2006). The other challenge is budget restrictions due to many competing projects that require government funding. This means that less than the required amount of money may be allocated to prisons reforms.

Arguments for Turning the Correctional System over To the Private Correctional Industry

A major benefit of correctional system privatization is that there is possibility for coming up with innovative solutions to the challenges faced by the public administration. The private sector though research and development is known to be very innovative and result oriented. Through this, there is possibility of efficiency and delivery of the services though decentralized decision making processes that is devoid of the executive bureaucracies. The efficiency that is generated from the private sector services would be beneficial to the public and the economy. This is because there would be cost savings in the process (Maahs & Pratt, 1999). As such, the money saved by the exchequer can be used to enhance the development of other sectors of the criminal justice system. This is because under the private arrangement the private investors will be required to manage, build and finance the facilities based on the contractual agreements with the government(Theroux, 1998). Put differently, the government can only outsource the services after a preliminary study, to determine if there is possibility of cost savings. According to Theroux (1998), by privatizing the facilities, it is estimated the cost savings that accrue to the government range between 5-10% , with California , for example realizing between USD 155 million and USD 310 Million reduction in operation al costs of running the public correctional facilities. Emphatically Price (2005), argues that because of the fiscal stress due to high costs of running the correctional facilities, privatization has offered the best way to deal with the challenges.

The other benefit of privatization is that there is possibility of separation of hard core from non hardcore criminals. It is believed that the public correctional facilities that mixes all types of criminals may have counterproductive results as the prisoner may learn the tricks of committing crime and beating the justice system from the seasoned gangsters. As such, the private services offer the best alternative for this challenge given that they may specialize on the services to offer. This way, it is possible to separate non violent from violent criminals and the auspice of alterative imprisonment (Theroux, 1998). According to Wagner (n.d), some prisoners may too violent and need specialized handling as well as elaborate security measures. Further, the private correctional facilities offer a solution to the overcrowding and congestions that characterize the public facilities. As such, the private arrangements that are backed with legislated policies not only help to keep the criminals away from the rest of the society but also helps to amicably address the ‘prison and jail crowding problems’ (Johnson, 2006).

However, privatization of the prisons comes with several challenges. The major challenge that the private sector may face is need to breakeven so as to remain afloat. By attempting to reduce the costs and have a wider margin of net benefits, it is likely that the intended quality of the services may be compromised. This will beat the very logic of the privatization. it is also costly to put up the facilities and raise funds for the same. This challenge is also perpetuated by the fact that there are very many conditions required to be met before an organization gets the government’s approval. Security issues are also a challenge as the private investors must acquire the modern facilities and equipment needed to boost their security. The process to privatize the prisons has also been challenging on the grounds that it may lead to job losses. This is because the private sector may have a lean staff. As such the move has been opposed by several trade unions in the public sector.

Legal issues (criminal and civil)

Before privatization there is need to take into account certain legal issues. First, there is need to enact laws that governs the process so that it becomes more organized and legal. There should be clearly defined criminal offence in relation to the deal so that the penalties that can be imposed upon erection of illegal facilities or failure to adhere to the standards are well stipulated.

The other legal issues relate to handling of the clients and running of the faculties. According to Johnson (2006), there issues relating to the ‘minimum standards in inmate treatment’ that has to be adhered to by all the institutions. As such, before privatization takes place, the government needs to outline how the prisoners should be treated, the access given to outsiders to the facilities and the services to be offered. The criminal and civil issues relating to failure to adhere to such requirements and conditions for privatization should be spelt out before an arrangement is made so that necessary steps can be taken against the firms or private organizations which go against the spirit of correction and rehabilitation of the clients.

References

Austin, J. & Coventry, G. (2001). Emerging issues Privatized prisons . Retrieved August

15, 2010, from http://www.ncjrs.gov/pdffiles1/bja/181249.pdf.

Johnson, K., A. (2006). What to Do About the Prison Problem? The Pros and Cons of

Privatized Prisons in Alabama. Retrieved August 15, 2010, from

HYPERLINK “http://www.alabamapolicy.org/pdf/prison.pdf” http://www.alabamapolicy.org/pdf/prison.pdf.

Price, B. (2005). Do economic factors explain prison privatization. Retrieved August 15,

2010, from HYPERLINK “http://soc.kuleuven.be/io/performance/paper/WS1/WS1_Byron%20Price.pdf” http://soc.kuleuven.be/io/performance/paper/WS1/WS1_Byron%20Price.pdf.

Raher, S. (2002).Private Prisons and Public Money Hidden Costs Borne by Colorado’s

Taxpayers. Retrieved August 15, 2010, from http://www.afscme.org/docs/colorado.pdf.

Theroux, D. (1998). California Prisons and Corrections: The Benefits from Privatization .

Retrieved August 15, 2010, from HYPERLINK “http://www.independent.org/issues/article.asp?id=472\” http://www.independent.org/issues/article.asp?id=472

Maahs, J. & Pratt, T. (1999). Are private prisons more cost-effective than public prisons?

A meta-analysis of evaluation research studies Crime and Delinquency, Vol. 45, No. 3.

Wagner, J. (n.d). ail & Prison techniques used by U.S. Correctional Facilities. Retrieved

August 15, 2010, from http://www.jimwagnertraining.com/images/Jail_and_prison_techniques.pdf.

Criminal Justice A summary and comparison and contrast of The Social Organization of Juvenile Justice by Aaron Victor Cicoure

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Criminal Justice: A summary and comparison and contrast of The Social Organization of Juvenile Justice by Aaron Victor Cicourel and Delinquency and Opportunity: A Study of Delinquent Gangs by Richard A. Cloward, and L.E. Ohlin

Introduction

The Social Organization of Juvenile Justice and Delinquency and Opportunity: A Study of Delinquent Gangs are two separate books on criminal justice that may differ to a great extent while they also remain to bear an extent of similarity. Notably, the point of focus of the first text is how juvenile justice is socially organized. On the other hand, the second text deals with the relationship between delinquency and opportunity viz-a-vis delinquent gangs. Yet all the two texts extensively handle causes of crime in the society, the specifics of organized crime, structures set to deal with crime and the overall outcome of the interplay between crime, legal structures, and the system of delivering criminal justice.

A summary of Delinquency and Opportunity: A Study of Delinquent Gangs by Richard and Lloyd

In summary, Richard and Lloyd use eight chapters within 232 pages to deliver what makes up the book Delinquency and Opportunity: A Study of Delinquent Gangs. In chapter one, they deal with the topic of Delinquent Subcultures. Within this topic, focus is made on the relationship between deviance and delinquency, what makes up delinquent acts and how these acts relate to delinquent subcultures, delinquent norms and the variation and scattering trends of delinquent subcultures (Cloward and Lloyd 1-27). In chapter two, they make a focus on questions that must be answered by theories seeking to explain deviance, its causes and effects. In these, they make further focus on points where pressure originates that pushes individuals into deviating from normative behavior. Further, they review two important issues in these facets which include how delinquent subcultures have evolved, the changes they have witnessed and how persistent they have remained over the years (31-43).

Although both chapters three and four majorly focus on theories, it is noteworthy that the former specifically handles current theories of delinquent subcultures while the latter deals with theories related to goals, norms and anomies. This is the reason Masculine identification and delinquent subcultures, adolescent and delinquent subcultures, lower class culture and delinquent subcultures are among the topics handled in chapter three. On the other hand, chapter four focuses on Durkheim and Merton’s theories in relation to goal regulation, the values of success in the American society and the barriers that hinder legitimacy and success (47-104). With specific concentration on delinquent subcultures, chapters five and six elaborate their evolution and relation to illegitimate means. In chapter five, the techniques of defense are contrasted against guilt with solution generation and decision making processes all being viewed in individual and collective perspectives. Ultimately, the processes through which groups and individuals alienate themselves into delinquency are also examined (108-139). In chapter six, there is an overall evaluation hypotheses related to differential opportunity, learning structures, illegitimate opportunities and social societal organization (144-159).

The seventh chapter of the book is centered on the differentiation and explanation of different subcultures. Ideally, it groups delinquent subcultures into three major categories which include criminal, conflict, and retreatist subcultures. It distinctly exemplifies each of these subcultures and expounds the relationship link among them (161-178). Lastly, the eighth chapter has major focus on how delinquent subcultures have persisted or changed in the past. In a double ended perspective, it reviews patterns of persistence as well as patterns of change (187-193). In summary, this book attempts to review and unravel all the issues related to gang behavior and delinquency. In this sense, it travels from opportunities that prompt delinquency, the process of crime commission, gang and individual psychology, and the effects as well as possible controls for delinquency.

A summary of The Social Organization of Juvenile Justice by Cicourel

The other text The Social Organization of Juvenile Justice by Cicourel, there is a different approach but which is also made within eight chapters. In attempting to demystify how juvenile justice is organized, Cocourel takes us through a comprehensive travel of theories relating to juvenile justice, those of delinquency and their relationship with the rule of law, controversies in how social organizations are depicted in the society, law enforcement agencies and their practices and ultimately a close review of various court hearings.

Chapters one and two of the book majorly focus on theories and the rule of law. In these chapters, Cicourel seeks to explain issues like objectification and verification of theories and the fact that the reality of knowledge of everyday activities applies in such processes. He moves on to define all the primary issues that relate to theories in juvenile justice and then places a specified perspective on the relationship between theories of delinquency and the rule of law (Cicourel 1-57). Using specific statistics and progressive analysis, Cicourel manages to present the rates at which delinquency takes place in the society. There is the link between these rates, established institutions in the society and the whole societal setup in terms of organizational setting (58-110).

In chapter four, emphasis is laid on the different ways in which social organization occurs in the society and how each of such organizations develop conversational depictions of juvenile justice (111-169). Chapter five reviews the law enforcement agencies that mostly involve in juvenile justice. Examples of these include the police and officials in the court systems among others. Comprehensively, the common practices such agencies engage in, especially when they interact with juvenile justice are also reviewed in a detailed way in this chapter (170-242).

The author makes a tentative shift to do a specific analysis of a group within the society in chapter six. This is the middle class in the society with the specification of middle income families. Practices related to law enforcement, how they relate to, and how they affect the middleclass are analyzed keenly and in detail at this point (292-326). Before finalizing the book, the author presents a number of court hearings with which a number of negotiations of dispositions are indicated. After this, he presents the concluding remarks on the book.

Comparison and contrast of The Social Organization of Juvenile Justice and Delinquency and Opportunity: A Study of Delinquent Gangs

There are quite a number of commonalities found in these two books. First, it is worth noting that both the texts are on criminal justice and summarily present the problems brought about by crime and the processes of remediating such problems. Again, it is identifiably notable that both the texts start by disambiguating various theories that affect crime. In The Social Organization of Juvenile Justice, this is covered in chapter two as Theoriesof delinquency and the rule of law. In a similar way, Delinquency and Opportunity: A Study of Delinquent Gangs has this presented in chapters two and three as Questions a theory must answer and Some current theories of delinquent subcultures.

It is true that both the texts touch on delinquency, however, topical coverage differs greatly. While delinquency and gang behavior remains the major point of focus in Cloward and Lloyd’s text, the book by Cicourel touches on delinquency as part of the social organization of juvenile justice which is its topic of coverage. This is even more evident by the fact that the former goes into detail and gives a comprehensive analysis of subcultures of delinquency in different perspectives while the latter does not. In its review, the latter also does a specific detailed analysis of a societal category which is the middle income families, an element that is conspicuously missing in the former.

In a closer perspective, the text Delinquency and Opportunity a Study of Delinquent Gangs presents to the society the major perspective that issues like inequality and unemployment can be real causes of crime. And that it is negatively or positively that opportunities will be used escalate crime or reduce it and better the lives of youths and other citizens. This is however after a comprehensive analysis of the crime causative factors. On the other hand, The Social Organization of Juvenile Justice could be considered an effective redefinition of contemporary criminology. This is because Cicourel uses new theory and methodological approaches in defining how various facets of juvenile justice are organized.

In a way, there is thorough research done in this book as it proves that delinquency is not evenly distributed in the society but occasioned by various events and causes. In reviewing the pressures that play part in this, he analyses how schools, the police, courts and officials, probation officers, and other institutions play part in deviance. In sum, both the texts, though similar and different in various ways, are quite comprehensive, well researched and relevant to students and practitioners in criminal justice.

Works Cited

Cloward, Richard A., and Lloyd E. Ohlin. Delinquency and Opportunity A Study of Delinquent Gangs. United Kingdom, London: Routledge, 2013. Print.

Cicourel, Aaron Victor. The Social Organization of Juvenile Justice. New York, NY: Wiley, 1995. Print.

Criminal Investigation-Ethical considerations

Criminal Investigation

Author

Institution

Introduction

The acquisition and enforcement of justice has a bearing on the maintenance of law and order in any contemporary human society. Needless to say, the contemporary human society has been experiencing numerous crimes, coming with varying magnitudes of gravity, as well as complexities. Two of the most common crimes in the contemporary human society include rape and homicide. The term homicide underlines the unlawful but unpremeditated voluntary killing of an individual. The conviction for such an offense would attract a sentence that is higher than that of manslaughter, but lower that the sentence for murder. Rape, on the other hand, underlines a situation where an individual forcibly penetrates another one in a sexual manner devoid of mutual consent (Roberson et al, 2007). Needless to say, the investigation and prosecution of these crimes necessitates the adherence to particular ethical and professional standards so as to ensure that justice is done without further damage to the victims.

Ethical considerations in the investigation of homicide and rape

Needless to say, the investigation of homicide and rape is extremely sensitive and would necessitate the adherence to ethical procedures right from the beginning. First, the investigator must show extreme sympathy and compassion to the friends and relatives of the deceased. Not only would they be upset by the death of the deceased but also may act as informants and witnesses for the case, in which case creating a rapport with them would be imperative (Bender, 2007). In the case of a rape investigation, the investigator must understand that the victim is traumatized. In essence, extreme sensitivity must be observed in asking the victim for any necessary detail to the investigation of the suspects and for their testimony, which may be used in court as evidence.

For both crimes, painstaking care must be taken in the collection, transmission and preservation of evidence, right from the crime scene. This would allow for the prevention of contamination or degradation of the evidence during evidence collection, as well as transfer of evidence for further analysis by other experts such as forensic pathologists, fingerprint technicians and DNA specialists (Bender, 2007).

On the same note, investigators in both cases would be required to maintain their journals in a cautious chronological manner and an orderly way. Pens should be used in making entries so as to eliminate the possibility of erasing the entries (Roberson et al, 2007). In case of errors, crossing the errors jut once would be preferable rather than trying to erase or white-out. This would eliminate any suspicion that any information was eliminated so as to untruthfully outfit the case (Roberson et al, 2007).

Reduction of ethical problems pertaining to rape and homicide

In the investigation of rape, it is imperative that the victim is not shown any distrust. Indeed, any testimonial evidence given should be seen as a step to the eventual conviction of the perpetrator (Roberson et al, 2007). In case the victim is a child, it is imperative that the investigators monitor the interplay between the child and the parents to ensure for any abnormal signs. These may include flinching in instances where the child and the parents have eye contact or when parents gesture in the direction of the child. In most cases, it is imperative that a child psychologist is called in to help with the investigations so as to reassure the child of her safety.

For both rape and homicides, it is imperative that the suspects are treated as innocent until their guilt is proven in a court of law. In this case, no undue coercion should be used to derive information from them (Bender, 2007). On the same note, they should be duly informed that any information or testimony that they give may be used against them in a court of law. In addition, they should be assured of their right to remain silent and to have an attorney even in instances where they cannot afford one.

Prosecution problems arising in case of unethical investigation

In case of unethical investigations in rape, the prosecutor may call for the dropping of the charges stating that the sexual contact was mutual rather than forced (Bender, 2007). In addition, the prosecutor may file for suppression of charges in pretrial motion in case he sees the charges as inaccurate. Homicide prosecutors may strike a plea bargain lessening the charges to manslaughter.

On the same note, the use of crime statistics and demographical data to incriminate an individual without any evidence to back up the investigation of the suspect may result in charges of fraud on the side of the investigator.

Ethical issues relating directly to the prosecutor in the case of rape and homicide

Prosecutors, like investigators are obligated to observe certain ethical procedures in the prosecution of rape and homicide crimes.

First, they must ensure that they do not presume the guilt of the defendant until it is proven. This means that their speech should not be excessively biased as to favor the defendant’s guilt rather it should be restricted to the evidence rather than bias of premeditated notions pertaining to the defendant (Bender, 2007). For both rape and homicide, the prosecutors have an ethical duty to study all evidence and determine its sufficiency and sustainability of the case in the court of law.

On the same note, the prosecutors must ensure that the evidence brought up in a court of law is relevant to the specific case. Further, the questioning of the defendant should be careful as to eliminate the possibility of double jeopardy or violation of the Fifth Amendment (Roberson et al, 2007). In this regard, it is imperative that defense attorney is given the opportunity to show the loopholes in the evidence produced.

References

Bender, M (2007). Criminal Investigation: A Method For Restructuring The Past. New York: LexisNexis Anderson Publishing

Roberson, C., Wallace, H & and Gilbert B. Stuckey, G.B. (2007). Procedures in the Justice System, Eighth Edition. New York: Prentice Hall.

Criminal Investigation. Rand’s recommendations

Name

Instructor

Course

Date

Criminal Investigation

Detective Smith has been investigating the suspect for some time now as he has been suspected to be a terrorist and yes, she has a reasonable suspicion to stop the suspect and question him based on the activities he does especially the secrets meetings he holds in the state capital building each time in short intervals the pictures he takes and the expensive and luxuries life he lives. Criminals such as terrorists have secretive lives, and their dealings are never clear. In this regard, the suspect’s behavior gives him away.

The seeming expensive lifestyle lived by the yet another cause for action. The suspect lives in an expensive motel, wears expensive clothing, eats expensively in expensive restaurants and lives an expensive and comfortable life, yet he has no specific or any known job. His sources of income are thus not clear. He, however, could be earning a lot to money through involvement in criminal terrorism activities.

The company he keeps and their movements are also strange and commonly associated with terrorism activities. He gets strange visits from other Middle-Eastern young men who bring him packages in secrecy that look suspicious. One particular day the suspect is seen carrying a briefcase, a scene which is very suspicious since it is something he has never done before. He enters the state capitol building and comes out one hour letter without the briefcase. It can be assumed that the suspect had been investigating the building while plotting a terrorist attack. When he came with the briefcase, he can be assumed to have been carrying an explosive and must have left it in the building at a point he had chosen during his excursions.

This seems like an illegal deal transaction that had just been made, and serious measure’s need to be taken to take control of the situation. In order for inspector Smith to relive herself from the suspicions, the best solution is to call for back up to avoid any accident and since maybe the suspect could not be alone and ambush him. This will help control the situation and avoid any future problems if at all the business is illegal. Facing the suspect head on will be the only one best way to solve the problem.

Criminal defendants in the United States

Part 1

Correctional laws are well documented in the constitution. However, amendments have been made throughout the years with the aim of making these laws flexible and to enhance the correction process of those imprisoned making them more productive and law abiding citizens after the completion of their sentences. The laws are amended by the Senate and the Justice System is only present to enforce these laws.

Criminal defendants in the United States are considered to be innocent until they are proven guilty. The Eighth Amendment of the constitution states that excessive bail should not be charged as a way of retaining the criminal defendant before trial. The bail charged should be reasonable to give the criminal defendant the right to liberty until they are proved guilty. A detained individual will not have the freedom to investigate his case and would have served part of the sentence without being declared guilty. The person might not easily cooperate with his lawyer and would not have the opportunity to earn money that is required to make an appeal in case they are pronounced guilty (The Price of Freedom, 2010).

Inmates are not entitled to the full constitutional rights as compared to other citizens. However, it is a requirement for them to receive protection as dictated in the constitution. The 8th Amendment gives inmate the right to demand humane treatment. The prisoners should be allowed to access social amenities as well as protection from sexual or physical abuse. The 5th and 14th Amendments give inmates the right to a speedy and unbiased trial. The 14th Amendment also gives the prisoners right to equal treatment in the correctional facilities.

Prisoners are entitled to recreational activities which transform their lives during the time they are confined in the correctional facilities. This is important for them so that when they leave the facilities; they can be healthy and ready to make positive contributions to the society even after a lengthy sentence (Clear, Cole & Reisig, 2008). Besides the development of important skills and other credentials that help the inmates overcome stigma after their release, daily exercise is key to the adjustment plan. In addition to being fit, daily exercise is a way of alleviating stress that comes with separation from their families.

Each prison in the United States is required to have correction programs as is stated in the constitution. These correction programs are meant for rehabilitation of the inmate for them to become productive members of the society after the completion of their sentence (Clear, Cole & Reisig, 2008). However, many question the legality of these programs claiming that they are not beneficial to the inmates as they ought to be. Others argue that the fact that the programs are available does not mean that they are available to all inmates.

A correctional facility should have all the social amenities that provide a humane environment. However, luxuries such as television, internet and other reading materials should not be allowed. This is because additional of these luxuries would make the correctional facilities an ideal place for many criminals. Prison should not be a comfortable place; it should be a place where criminals dread to go to. Furthermore, it would be unfair to provide these luxuries in prisons yet other law abiding citizens have to work hard to access them.

According to the 8th Amendment, prisoners have a right not to receive cruel and unusual punishments in the correctional facilities. There are no universal definitions of what cruel and unusual punishments constitute, however it can be agreed unanimously that punishment that is inhuman or violates human rights is termed as cruel. This can include deliberately denying prisoners food or medical care or even physical or sexual abuse. Use of hazardous or poisonous things by the prison personnel within the correctional facilities can also be termed as creating a cruel environment.

Inmates should have access to basic medical care, but with the increase in the number of inmates in prisons in the United States has made provision of medical care to inmates very controversial. The questions that lingers are; should all inmates have access to medical care? Should the government spend so much money providing expensive medical care to prisoners? Those who have committed serious crimes should not have access to expensive medical care that is not even affordable to the poor and other law abiding citizens. The cost vs. benefit should be considered when offering extensive medical care to prisoners. Prisoners are people who have already taken so much from the society and we should not continue to aid them by providing extensive medical care.

Part2

Kayleah Wilson a 12 year old girl was missing for three weeks and was last seen on her way to her friend’s birthday party. She did not make it to the party and was not seen ever since. Though she has been missing for a long time and the police together with the FBI do not have any promising leads, I would not consider this a death investigation. A missing person who is above the age of twelve is considered missing until their body is found and this is when the missing person investigation can turn to a death investigation.

The investigation should be carried out by questioning all those who are close to her including all family members to establish the cause of her disappearance. Before deciding whether she was abducted, it is important to rule out the possibility that she ran away and that she does not want to be found (Olsen & Kamb, 2003).

If she was murdered and her body dumped, then it would cause some post-mortem changes that would interfere with the identification of the body and the cause of death. Given the rainy season being experienced at this point of the year, this would increase the rate of decomposition making it harder to identify the body. Forensics would have to be employed in the investigation to identify the body and also the cause of death (Sandell & Friedman, 2010).

Now that missing person has turned to a murder investigation, the body should be well analysed for clues that might identify the cause of death. Any physical or sexual abuse should be analysed and possible samples collected to be analysed through forensic methods. Those living close to the areas where the body was found should be questioned including all those who had been questioned earlier due to the drastic change in the investigation.

Part 3

According to Vito et al (2008) statistics provide information concerning the occurrence of crimes and factors that should be considered to enhance reduction or elimination of these crimes. Statistical analysis can cause major positive effects in the Criminal Justice System ranging from patrol officers, criminal courts and even to the Justice Department. With the correct analysis and interpretation of data, Criminal Justice officials are able to assess the current practices to determine whether they are working or not. This way they can change those practices that are not working in the reduction of crime.

References

Clear, T., Cole, J. & Reisig, M. (2008). American Corrections. New York: Cengage Learning. Print.

Olsen, L. & Kamb, L. (2003). Missing Persons Cases are Routinely Ignored. Seattlepi.com. February 18, 2003. Retrieved from HYPERLINK “http://www.seattlepi.com/local/108666_missingday18.shtml” http://www.seattlepi.com/local/108666_missingday18.shtml

Sandell, C. & Friedman, E. (2010). FBI Says Badly Decomposed Body is Kayleah Wilson, Launches Homicide Investigations. abc News. May 20, 2010. Retrieved from HYPERLINK “http://abcnews.go.com/US/decomposed-body-identified-missing-12-year-girl-kayleah/story?id=10703602” http://abcnews.go.com/US/decomposed-body-identified-missing-12-year-girl-kayleah/story?id=10703602

The Price of Freedom. (2010). Human Rights Watch. December 2, 2010. Retrieved from HYPERLINK “http://www.hrw.org/en/node/94574/section/8” http://www.hrw.org/en/node/94574/section/8

Vito, G., Blankenship, M. & Kunselman, J. (2008). Statistical Analysis in Criminal Justice and Criminology. USA: Waveland Press, Inc. Print.

Criminal and Civil Law

Criminal and Civil Law

The civil court system refers to the process through which civil law suits are adjudicated, with the main bone of contention in most cases being a violation of civil rights. This process usually differs greatly to the criminal process, as not only are juries rare, but in most cases the process is initiated by individuals or organizations, whereas in criminal cases the government usually initiates proceedings. In most cases, civil actions result in personal benefit to the individual, with the suit arising due to individual or organizational disagreements, although at times governments or its subdivisions may be party to civil suits (Ides & May, 2006). The processes also differ in terms of the penalties imposed by the courts; in criminal courts, the penalties include fines, prison sentences, execution, and other punishments such as probation, civil courts usually impose fines, either simply to reimburse damages caused, or to act as punitive damages and therefore by extension discourage any similar behavior by others in the future (Burke, 2006). In essence, these fines are not designed to punish the wrong doer, but rather to compensate for damage done, as well as to discourage any such future behavior.

Civil penalties differ from criminal penalties in the sense that they are not designed to punish as opposed to penalties under criminal law, but rather to compensate. As such, these penalties usually expressly involve imposition of fines as well as other penalties, but no prison sentences (Scheb, 2002). Further, even though both civil penalties and criminal punishments take into account the harm done, and punishment or penalties are meted out proportional to the harm done, civil penalties also take into account what the perpetrator stands to gain, as well as a number of other factors. For instance, if a manufacturer violates a section, the penalty is calculated based on the savings the business made through the violation, any previous history of such violations, the size of their business, the effect the penalty will have on their ability to continue with business, as well as any efforts the business made to rectify the violation. Civil penalties are therefore imposed in most cases with only the victim in mind, with penalties imposed being aimed at rectifying the wrong done to them, or compensating them for it, whereas criminal punishments are simply focused on the wrong done and punishing the perpetrator for the crime. In addition, it is fair to say, based on the descriptions above, that the imposition of civil penalties is therefore a much more elaborate process than criminal punishments, as a number of factors have to be taken into account. In civil cases, the level of proof is quite low and falls on the plaintiff, compared to criminal cases in which the burden of proof squarely falls on the state and is quite high (“beyond reasonable doubt”)

Further, civil courts may also impose other penalties, such as requiring the individual or organization to remedy their mistake, impose community orders, such that the individual is forced to provide unpaid labor, disqualify an individual from being able to act in a given capacity (Moxon & Hedderman, 1994).

In cases where both the criminal court system and the civil court systemare involved, the punishments should not correlate in any way. This is based on the fact that these two processes are essentially aimed at achieving different objectives (Johns, 2006). Civil proceedings focus on rectifying the damages done and compensating the individual or organization harmed (victim), while criminal proceedings are aimed at punishing the perpetrator for his/ her actions, thereby also discouraging any similar behavior. The punishments or penalties imposed by these two systems cannot be related, as criminal punishments cannot substitute for civil penalties, while civil penalties cannot substitute for criminal punishment.

References

Burke, P. (2006). The Criminal Law, And Its Sentences, In Treasons, Felonies, and Misdemeanors: WithA Supplement Including All Statutable Alterations And Additions Down To The Present Time.Oxford University Press.

Ides, A. & May, C. (2006). Civil Procedure: Cases and Problems. Aspen Publishers.

Johns, M. (2006). The United States Legal System: An Introduction. Carolina Academic Press

Moxon, D. & Hedderman C. (1994). Mode of Trial Decisions and Sentencing Differencesbetween Courts. The Howard Journal of Criminal Justice 33(2), 97-108

Scheb, J. (2002). An Introduction to the American Legal System. Cengage Learning.

“U.S. Department of Justice, Civil Rights Division, Criminal Section, Frequently Asked

Questions”. Retrieved from

http://www.usdoj.gov/crt/crim/faq.htm

Criminal activities are observed by many as an integral part of the society

Introduction

Criminal activities are observed by many as an integral part of the society. This means that is difficult to live in an environment where there is no any breaking of the law. This is the main reason why governments of the world have established elaborate systems of justice for the purpose of fighting any social evils. All these are aimed at maintaining social harmony and protecting the citizens against malicious people. However, many systems of justice have not been effective in fully combating the incidences of crime as it has been soaring. This is the reason why there was a need to establish alternative systems such as the restorative justice to assist in the change of behavior.

Restorative justice has been defined as the process of seeking to fulfill the needs of the victim and also that of the offender (McCold, 1999).This is however contrary to the normal systems of justice which are aimed at fulfilling the demands of the constitution while ignoring that of the victim. In this social type of justice, the concerned authority realized that the only way to find a lasting solution is by getting to the root cause of an offence from the offenders side.

In this system of juvenile justice, the victim and the offender are both given the active role in determining the healing process (Morris, 2001). This is contrary to the conventional means where the focus is on the satisfaction of the needs of the law and the community by administering punishment to the offenders. Observation has shown that this has not been a successful way as far as curbing criminal activities is concerned. Several sociological theories state that every behavior has got a motivation and is committed to satisfy a specific need.

Therefore, in order to win the juvenile delinquency issues, there is need to tackle the motivating behavior from the offenders part. Punishment is sometimes said to suppress the undesirable behaviors only for sometime. It does not provide the absolute solution to the matters pertaining to behaving in the desirable way.

There are three main processes of restorative justice for the juvenile that have been provided. The first one is the arranged meeting between the offender and the victim in the presence of a qualified and experienced mediator (David, 2003). He facilitates the communication between the two parties with an aim of seeking to have a lasting solution. In this meeting, the offender is expected to repair the relationship with the victim, pay any damages or return any stolen commodities. He is also expected to apologize for any offences caused to the victim.

The second process is done in the presence of family members of the both parties. This stage is known as the family group conferencing which recognizes the important role of the parents, friends and the professionals that are closely linked to the offender. This is imperative especially if the offender is still dependent on the family and friends for survival as he shall take the advice given to them seriously.

The final stage in establishing a lasting solution in any juvenile delinquencies is by involving the wider circle of the community in several conferences. At this point, the victims or their close associates are given an opportunity to confront the offender with an aim of establishing the cause of the offence and pursuing any accrued damages.

In conclusion, restorative justice for the juvenile has been observed to be one of the most effective means of acquiring lasting solution. This is owing to the fact that it is aimed at getting to the root cause of the problem by involving both the victim and the offender. In the event of any damage, the offender has to apologize and later on required to pay reasonable damages.

References

McCold, P. (1999). Restorative justice practice – The state of the field. Paper presented at Building Strong Partnerships for Restorative Practices Conference, Burlington, VT, USA. Retrieved December 6, 2007, from HYPERLINK “http://www.restorativepractices.org/library/vt/vt_mccold.html” http://www.restorativepractices.org/library/vt/vt_mccold.html

Morris, G. (2001). Restorative conferencing. In Bazemore, G. & Schiff, M. (Eds.), Restorative community justice: Repairing harm and transforming communities (pp. 173–197). Cincinnati, OH: Anderson Publishing Co.

David, P. (2003). A survey of assessment research on mediation and conferencing. In L. Walgrave (Ed.), Repositioning Restorative Justice (pp. 67–120). Devon, UK: Willan Publishing.