Programs and Benefits for Inmates in Texas Penal Institutions
This paper examines programs that penal institutions in Texas, USA, avail for inmates and the benefits they yield for them. It argues that Texas’ penal institutions’ programs emphasize on the assurance of public security, correction of inmates’ errant and anti-social behavior, inmate re-integration in society, and assistance to crime victims, and in the process attach less than adequate emphasis on inmates’ welfare (Brown et al, 2011, p. 414-421). The assessment identifies inadequacy in the institutions’ programs for inmates’ psychological wellbeing and recommends a practical solution.
Penal institutions in Texas include facilities and institutions run privately or publicly with the objective of punishing criminals, correcting errant behavior, facilitating criminals’ reintegration in society, and assisting crime victims. The institutions’ objectives align with general correctional institutions’ mandates in limiting criminals’ freedom and running punitive programs for punishment of crime, correcting behavior, and facilitating criminals’ social reintegration (Brown et al, 2011, p. 414-416). To realize the three aims, Texan penal institutions administer programs for inmates during their court-sanctioned stays, to subject them to productive regret for their crimes, correct errant behavior, and promote constructive change that allows acceptable and productive social reintegration after jail.
The programs vary among the state’s institutions, based on accessible resources, in quality, type/variety, and amount terms, values, unique society requirements in crime punishment and criminal reintegration, and individual institution location and environment factors. The state’s penal institutions nevertheless adhere to policy definitions and specifications by the Texas Department of Criminal Justice, TDCJ, in their inmate programs (Brown et al, 2011, p. 414-417; TDCJ Website). The institutions’ programs produce benefits for inmates’ behaviour change and lives.
Review of Policy in Texas’ Penal Institutions
Texan penal institutions operate on contract arrangements with the Texas Department of Criminal Justice, TDCJ. The authority serves as the standard-setting and policy-defining institution for the state’s penal facilities, enforcing and promoting consistency among institutions and their programs. Programs policy in Texas’ penal institutions has its basis in the TDCJ’s mission and objectives for crime justice, behavior correction, and inmates’ social reintegration (TDCJ Website). Policy outlines by the TDCJ derive from regular assessment of crime features, causes, and impacts, through incorporating the observations in the state’s crime punishment and criminal re-integration programs for application by the institutions.
The authority’s mission encompasses the assurance of public safety, facilitation of positive and productive transformation in inmates’ behavior, support for social reintegration, and provision of aid for crime victims. The authority seeks to apply an integrated approach in handling crime and rehabilitating victims, through curing all its causes and results (Brown et al, 2011, p. 414-419; TDCJ Website). These definitions and specifications form the framework of Texan penal institutions’ programs for inmates. The institutions run three kinds of programs for inmates: penal, rehabilitative, and re-integrative programs. Penal programs involve activity demands for inmates to punish their crime and exact proportional pay for their impact on victims and society. They involve labor, hard effort, deprivation of convenience and comfort, and involuntary service (Pollock, 2005, p. 3-8). Penal programs allow inmates to meditate and reflect on their crimes and regret their effects on victims, facilitating behavior correction before social re-integration.
Correctional programs target rehabilitation of inmates’ negative behaviours to mould basic acceptable behaviour devoid of crime. Texan penal institutions apply diverse programs to rehabilitate inmates’ behaviour, including formal training, acquisition and development of skills and talents, provision of counseling and behaviour change monitoring, and drug-use rehabilitation. Correctional programs aim at identifying individual inmates’ crime factor weak-points and potential strengths and utilizing them to mould constructive behavior change. Correctional programs mould acceptable behaviours among inmates to sponsor their acceptance in society after jail. The institutions’ re-integrative programs involve establishment and operation of opportunities and forums for inmates’ acceptance in society, based on constructive behaviour change (Brown et al, 2011, p. 414-421). They include social forums, charity activities, and social activities in collaboration with neighborhood institutions and communities. Such programs promote inmates’ acceptance back in society through sponsoring society’s conceptualization of behavior change among inmates.
Problem Analysis: Insufficient Emphasis on Inmates’ Welfare in the Programs
Texas’ penal institutions’ programs feature emphasis on public safety and inmate behavior corrections. This emphasis involves adoption of policy that prioritizes public safety and behaviour transformation among inmates. The institution’s programs policy thus applies to degrees and in ways that prioritize public safety. Texan penal institutions ensure that penal, correctional, and re-integrative programs for inmates support constructive behavior change and do not violate public safety, as a priority over inmates’ personal and humanitarian needs (Brown et al, 2011, p. 414-421).
In consequence, inmates’ health, humanitarian, psychological, and personal welfare drops in significance in the programs, representing an instance of basic human rights violation. Inmates are subject to various environments that support their proneness to health danger and psychological inconveniences. In some cases, such inconveniences and dangers threaten erosion of gains made in constructive behavior change among inmates through the institutions’ correctional programs. Subjections to limited liberties, involuntary hard labor, separation from family, and disruption of social and individual routine in penal institutions yield strain and intolerance reactions among inmates, raising health deterioration and psychological damage risks such as hopelessness, self-esteem losses, and depression.
Such prospects raise the need for humanitarian and health interest programs in penal institutions: Texan penal institutions place inadequate emphasis on such programs: they feature a certain degree of neglect in taking care of inmates’ humanitarian needs, thus risking their welfare and violating inmates’ basic rights. Emphasis on correctional and penal programs with little humanitarian and health interest programs in the institutions threatens productivity and results in the institutions’ objective of rehabilitating criminals’ behavior and facilitating social reintegration. This imbalance promotes new health, social adjustment, and psychological challenges for inmates (Gaines & Miller, 2011, p. 333-346). Solutions are necessary to address inmates’ needs in this regard, to enhance penal and correctional programs’ promotion of constructive behavior transformation among inmates.
Inmates in Texas’ penal institutions, like those in others, require access to certain amenities and facilities during their penal terms, based on their humanity and health needs. It is their legal entitlement to have such access. Inmates’ humanitarian needs persist even during their penal terms, and their neglect in the institutions’ programs risks welfare damages for inmates. Confinement in a penal institution and its environmental and social implications raises inmates’ susceptibility to different health and humanitarian welfare risks due to the mental pressure and strain it occasions. Correctional and penal programs in strict supervision environments intensify this proneness (Palmer, 2010, p. 38-44, 71-78, 221-226).
Health threats, including unsuitable mind-sets such as hopelessness, depression, depleted self-worth, and concepts of low social significance may develop among inmates due to liberty restrictions, self-will violations, separation from family, and disruptions of personal and social habits. An integrated technique is necessary to safeguard inmates from these threats, in the form of a broad welfare program targeted at enforcing inmates’ capacity to withstand the institutions’ penal environment. Such a program should encompass activity schedules and curriculum features targeted at assuring inmates’ health states and psychological welfare. Sports, suitable counseling sessions, recreation, spiritual development activities, health check-ups, social and educative trips, entertainment, media exposure to spur interest on world affairs, and suitable and regular family and conjugal visit schedules are important components in such a program (Palmer, 2010, p. 221-226). The program would suit inmates’ welfare through making the development of interests that lessen the strain of penal environments possible, helping them to withstand penal inconveniences.
Penal institutions in Texas include facilities and institutions run with the objective of punishing criminals, correcting errant behavior, facilitating criminals’ reintegration in society, and assisting crime victims. The state’s penal institutions adhere to policy definitions and specifications by the Texas Department of Criminal Justice, TDCJ, in their inmate programs. The authority’s policy specifications for penal institutions in Texas derive from its mission in criminal justice: to assure public safety, facilitate constructive and productive transformation in inmates’ behavior, support criminals’ social reintegration, and provide aid for crime victims.
Texan penal institutions’ programs feature emphasis on public safety and inmate behavior corrections. In consequence, inmates’ health, humanitarian, psychological, and personal welfare suffers a considerable level of neglect in the programs. Penal institutions’ inmates are subject to environments that support their proneness to health danger and psychological inconveniences. An integrated technique is necessary to safeguard inmates from the threats, in the form of a broad welfare program targeted at enforcing inmates’ capacity to cope with the penal environment. Such a program should encompass curriculum features targeted at assuring inmates’ health states and psychological welfare, such as counseling sessions, recreation, spiritual development activities, health check-ups, social and educative trips, and entertainment.
Brown, L., Langenegger, J., Garcia, S., Lewis, T., & Biles, R. (2011). Practicing Texas Politics. Cengage Learning, Stamford, USA
Gaines, L., & Miller, R. (2011). Criminal Justice in Action. Cengage Learning, Stamford, USA
Palmer, J. (2010). Constitutional Rights of Prisoners. Elsevier, Amsterdam, Netherlands
Pollock, J. (2005). Prisons: Today and Tomorrow. Jones and Bartlett Learning, Sudbury, USA
Texas Department of Criminal Justice (TDCJ) (n.d.). Texas Department of Criminal Justice Website, retrieved on November 17, 2011 from: http://www.tdcj.state.tx.us/
Programs and Benefits for Inmates in Texas Penal Institutions 8
Programs and Benefits for Inmates in Penal Institutions
Penal institutions include institutions under private or public authority that deprive persons held liable for crimes in society of their liberty as punishment and to assure safety for others. Such institutions include prisons, detention centers, and other punitive and correctional facilities. Penal institutions serve three main objectives: they induce punishment on inmates for their crimes, correct their behaviours, unsuitable attitudes, and other causes of crime, and prepare them for suitable reintegration in society after their punitive terms (Siegel, 2009, p. 572-579). In serving the three objectives, penal institutions operate programs for inmates during their terms. Such programs vary among societies, dependent on prevalent regulation and social values, crime severity, and social reintegration needs. Generally, nevertheless, penal programs adopt three dimensions for desired influence on inmates during their terms: justice-serving/punitive programs, correctional/rehabilitative programs, and welfare assurance programs (Siegel, 2009, p. 573-581). The three models of penal institution programs yield benefits for inmates’ lives. This paper analyzes programs for inmates and their benefits in penal institutions.
Programs for Inmates in Penal Institutions
The goal of penal institutions is to serve justice on committed crimes, rehabilitate and correct criminals’ behaviour, attitude, and other causes of crimes, and prepare inmates for better, socially appropriate, more productive, and crime-free future in civil society. This purpose is the foundation of penal institutions’ programs. Inmates in penal institutions are subject to three program models: justice-serving programs, correctional programs, and welfare assurance programs. Justice-serving programs include activity schedules and demands inside the institutions that serve payment, justice, and retribution for crimes committed. They are punitive programs that impress on inmates the scale and significance of the crimes they commit.
Programs in this regard involve labour, service, subjection to pain, and involuntary or taxing effort. Punitive programs seek to subject inmates to these inconveniences to scales that are proportional or comparable to their crimes, in terms of period and effort (Siegel, 2009, p. 572-575; Clear et al, 2008, p. 3-12). Through causing inmates’ such suffering and inconvenience, the programs seek to exact payment and justice for their crimes. Punitive programs include hard labour, unpaid public service, adherence to inconvenient schedules, taxing manual work, et cetera. Inmates’ subjection to these programs normally occurs under authoritative supervision. Restriction of movement and deprivation of certain liberties also serve as punitive programs for inmates. Correctional programs include activities and curricula that seek to rectify inmates’ anomalous behaviours and attitudes.
Along with punishment for committed crimes, penal institutions seek sustainable solutions for inmates’ criminal tendencies. Correctional programs serve this purpose, through rehabilitating inmates’ behaviours and attitudes (Siegel, 2009, p. 573-580). Correctional programs in the institutions utilize the idea that all human behavior is changeable with the application of productive and fitting technique and strategy approaches. Rehabilitative programs involve development of various skills that authorities regard as important for behaviour change among inmates and for better social reintegration after the jail term’s expiry.
They involve technical education, value and behavior training, guidance, attitude counseling, rehabilitation from unsuitable habits such as drug dependence, and training in social, business, manual, self-employment, and other skills. Examples of correctional programs in penal institutions include enrolment and assessment in formal education disciplines, provision of professional courses, drugs/alcohol rehabilitation, religious and social value indoctrination, and temperament and ethics/moral training. Formal schedules and curricula in these areas are common in penal institutions’ correctional programs (Siegel, 2009, p. 573-580). Correctional programs aim at developing positive and suitable skills among inmates to complement their change and rehabilitation from criminal tendencies.
Welfare support programs in penal institutions seek to ascertain the availability and utility of certain human needs for inmates. They include activity plans and facilities that ensure necessary human comfort based on human needs in a punitive and restrictive environment. Penal institutions limit inmates’ liberties, raising prospects for their psychological health risks. Restrictions in family access and freedom, demands for compulsory adherence to correctional and punitive schedules and efforts, and other environments inside penal institutions constitute risk factors for inmates’ health and general wellbeing. This is due to adaptation and intolerance challenges resultant from losses in liberty, personal will, and voluntary action (Clear et al, 2008, p. 5-16; Palmer, 2010, p. 38-44).
The programs seek to address these potential threats in inmates’ lives. Through welfare assurance programs, penal institutions attempt to sustain inmates’ health and overall welfare and to protect them from potential fatalities such as suicidal thoughts, health dangers, and physical welfare risks that the penal environment facilitates. They protect inmates from self-esteem and emotional strain dangers possible from social alienation, liberty restrictions, and personal will violations in the penal environment.
Welfare assurance/support programs in such institutions include guidance, pre-planned social outings, religious and other counseling, health services, entertainment facilities, controlled social integration, sports and recreation, educational tours, access to information on world affairs, and conjugal, friends, and family visits. Such programs seek to mitigate inmates’ emotional, health, and other strain possible from subjection to penal inconveniences in the institutions (Clear et al, 2008, p. 4-17; Palmer, 2010, p. 38-44, 71-78, 221-226). They also assure penal institution systems’ adherence to basic humanity and civil life values and concepts, based on human rights.
Benefits of such Programs for Inmates
Each of the three models of penal institution programs avails benefits for inmates. These benefits are observable in their own lives and in the influence they effect on attitude and behavior changes. Punitive programs benefit the inmates’ change process through creating a basis environment for self-evaluation on the crimes committed. Service in penalty labour, restrictions on liberties, movement, and social life, and limitations of self-will in penal institutions compel inmates to evaluate their crimes, the effects they had on victims, and their potential in inhibiting social integration in society. The punishment offers a reference point for these evaluations, and serves deterrence on inmates’ behavior against future repetitions of the crime (Siegel, 2008, p. 402-411).
The programs enable inmates to evaluate the morality of their crimes and to resolve to change. The programs are also beneficial to inmates through assisting in the alleviation of their guilt for crimes. Through penal service and inconveniences, inmates release their guilt: they conceive their own payment for the crimes, thus paving way for self-healing and self-forgiveness. This is a crucial step for the inmates’ change process, health, and re-integration in society, as it facilitates psychological healing and welfare progress. Correctional programs in penal institutions are beneficial for inmates’ lives and positive behavior development. The benefits derive from the programs’ utility in inmates’ self-development (Siegel, 2008, p. 404-412).
Correctional programs contribute to inmates’ positive behavior transformation through indoctrination of values, rectification of deficiencies in their morality concepts, promotion of positive habits and behaviors, and suitable modeling of inmates’ psychological, bodily, and emotional states. Through subjection to correctional programs in penal institutions, inmates develop appropriate concepts and frameworks for behavior, temperament reactions, and moral judgment. They also obtain useful technical, academic, business, manual, social, and self-employment skills for utility in life. This supports their reintegration in society, through social suitability and usefulness (Siegel, 2008, p. 407-421). Through this utility, correctional services enhance inmates’ psychological and general welfare through yielding value in self-esteem, self-support, socio-economic, and social regard terms.
Welfare support programs in penal institutions are beneficial to inmates through their ascertainment of basic humanity and civil entitlements, including health, emotional welfare, and social warmth. The programs protect inmates from damaging consequences of social alienation, forced adherence to involuntary schedules, and losses of liberties and self-will. Services and facilities such as guidance, health services, social events, recreation and sport, and entertainment ensure inmates’ health and safety from strain possible from their subjection to penalties (Moller et al, 2007, p. 7-20, 172-178).
The programs support their human and bodily functioning needs, preserving their lives and protecting them from health and social development threats such as depression, health risks, self-esteem depreciation, and self-hate. The programs impress on inmates that despite their crimes, they remain relevant and valuable in life. They also put to practical effect the concept that they are as human as others in society, thus safeguarding their esteem in relation to committed crimes (Moller et al, 2007, p. 172-178). Through the programs, inmates recognize their self-worth and persistent relevance in life, offering them the will and hope for better future lives. The programs thus support positive human welfare for the inmates.
Penal institutions include institutions that deprive criminals of their liberty as punishment and to assure safety for others. They induce punishment on inmates for their crimes, correct their behaviours, unsuitable attitudes, and other causes of crime, and prepare them for suitable re-integration in society. These objectives model three program forms in penal institutions: justice-serving, correctional, and welfare assurance programs for punitive, rehabilitative and humanitarian purposes respectively. Punitive programs benefit the inmates’ change process through creating a basis environment for self-evaluation on the crimes committed and alleviation of their guilt for crimes. Correctional programs enable development of appropriate concepts and frameworks in inmates’ lives, facilitating their reintegration in society. Welfare support programs are beneficial to inmates through their ascertainment of basic humanity and civil entitlements, including health, emotional welfare, and social warmth.
Clear, T., Cole, G., & Reisig, M. (2008). American Corrections. Cengage Learning, Stamford, USA
Moller, L., Stover, H., Jurgens, R., Gatherer, A., & Nikogosian, H. (2007). Health in Prisons: A WHO Guide to the Essentials in Prison Health. World Health Organization, retrieved on November 11, 2011 from: http://www.euro.who.int/__data/assets/pdf_file/0009/99018/E90174.pdf
Palmer, J. (2010). Constitutional Rights of Prisoners. Elsevier, Amsterdam, Netherlands
Siegel, L. (2008). Essentials of Criminal Justice. Cengage Learning, Stamford, USA
Siegel, L. (2009). Introduction to Criminal Justice. Cengage Learning, Stamford, USA
Programs and Benefits for Inmates in Penal Institutions 8
Crime Control Model vs. Due Process Model
Judicial system has been significant in peoples’ lives by effectively protecting people’s privileges in the society. The due process approach and the crime control model are asserted towards the defendants in the society in regards to cases submitted to the authorities. This is as much as the crime control models rotate around the environment of the victims (Edkins & Kansas, 2007). However, they are suitable in developing decisions that are just in cases involving crimes. Consequently, the law enforcing agents should apply the two models in coming up with suitable decisions that are fair to the people in the society. This is because the two models, crime control and due process models, try to create a balance between the two sides and result to better and fair decisions when used together by the law enforcing agents in the society (Zalman, 2008). Evidence has shown that one model (crime control model) focuses on the advocate while the other (the due process model), focuses on the individual’s rights. Therefore, it is clear that if the two models operate together they result in an appropriate judicial system that caters for the two parties and gives informed and fair judgment.
Crime Control Model vs. Due Process Model
For a long time, the law enforcement agents and the judicial systems have been using the crime control and the due process models in an effort to establish and maintain justice in the society. In as much as these two models operate hand in hand, they both have similarities as well as several differences in how they operate in the judicial system. They are very effective in the judicial system because they both work towards providing justice, creating a great impact in the judicial system in the society (Edkins & Kansas, 2007). However, they have variations on their operation approaches in bringing justice to the people in the society. The reasons why at some point these two models seem to be similar is because they coil around the constitution, and the constitutional settings define their operational strategies to give comparable explanations of finding justice among the people in the society (Zalman, 2008).
The majority of people in the society have a preference to the crime control model over the due process models because of its ability to be a quick and efficient process. This happens because the crime control model orbits around the assembly line, resorting to being quicker and more efficient compared to the due process models. However, its justice in most cases is questionable according to evidence from the societal concerns. On the other hand, People resist the due process models because they take a long time to operate and are difficult to apply in many cases (Levrant, 2009). This aspect of the due process models of consuming too much time makes people go for the other model even though its fairness is not trusted. This document therefore will focus on the areas the two models differ, show similarity as well as propose a course of action for a law enforcement agency that considers both viewpoints.
The fact that these two models operate to maintain justice within an organizational setting, makes them similar in their targets (Edkins & Kansas, 2007). These two approaches work towards ensuring that the rights of the individuals are maintained and restored without disrupting or affecting the rest of the society not involved in the case. However, this does not mean they do not have differences in their style of operation. Nevertheless, they have full detailed critical organized standards of the main subjects of the constitution that dictate their appropriate approach to apply in the criminal law in the society (Levrant, 2009). Most of these key topics cause the two models denote similar characteristics in their operation with regard to criminal law. In criminal justice, the machinery that comprises of the prosecutions, the police, the corrections and the courts maintain law and order. The two approaches incorporate this machinery in the process of arriving into society justice channeling their applications of the criminal law in respect to a person’s liking (Levrant, 2009).
Similarities in the Commonalty Approach
One factor that leads to ease in applying the two models is the resemblance they both have in their approach. Their difference in the principle is not a huge problem because they both have similar operational ideas aimed to ensure maintenance of law and order in the society (Levrant, 2009). For instance, these two models apply the same approach concerning criminal behavior. They use the same tactics in identifying criminal actions and apply similar sanctions, causing the procedures to exhibit the situation similar in both the models (Zalman, 2008). In addition, the approaches towards investigation during a case are similar because in the two models, authority of arrest is used in restricting the judicial system and trying to get information that will effectively fit in the judgment process. Here the judiciary system waits for the apt measures to be established in order to award authority on arrest inquiry. This gives the defendant privileges to the adversarial organization to give out the information of their support during the court days. These two models support a common approach forming the foundation for these purposes that ease criminal justice procedures (Zalman, 2008).
Similarities in Maintaining Law and Order
The judicial system uses these two models in conjunction with the aid from the criminal process to contain the behaviors of persons in the society to preserve law and order (Richard, 2011). Under criminal justice, it is believed that if some individual are not monitored and contained in the society, they would engage in criminal activities, which in turn would disrupt the harmony of the people in the society. Thus, the crime control model and the due process models help in the criminal process to maintain law and order in the society as per the requirements of the constitution (Levrant, 2009). Therefore, the judicial systems relinquish autonomy and order to deal with criminals in a right direction, to restore the harmony in the society. Therefore, the role of the crime control model and the due process model is to ensure there are set guidelines on how the people should live in the society in relation to maintaining law and order (Richard, 2011). In instances where some individuals commit crimes under the influence of some factors and circumstances, the crime control and due process models have a standard measure of consistence and measure in dealing with such situations to arrive at a fair judgment (Visher, 2007).
Similarities in Criminal Procedure
The two models have a similarity on procedures involved in addressing crime. This is because they work within the constitutional limits that dictate their operations regarding criminal procedures. Since the crime control and due process models work hand in hand to ensure that justice is bestowed upon the society, they have many areas they connect in operations regarding the procedures they follow during the criminal processes. Although the two models have limitations on how they work, there are too many similarities in the criminal procedures because they work in an adversarial system in the judicial system (Edkins & Kansas, 2007).
The crime control and due process models follow rules and regulations that are well stated by the constitution and the judicial service requirement in the way they carry out the criminal procedure. These requirements render their similarity in several ways. For instance, it is a requirement that prosecutors or the police should not mishandle a criminal suspect in any way. These regulations deny them the authority to prosecute, thus eventually deny them the right to carry out activities that may threaten the society’s harmony (Edkins & Kansas, 2007). However, both crime control and due process models pose immense risks on the society by the fact that they are allowed pre-trial detention. Nevertheless, the restrictions defined by the constitution on the crime control and due process models regarding criminal procedures, help them operate effectively and efficiently to accomplish the desired activities in maintaining fair justice in the society (Zalman, 2008).
The crime control model and due process model have similarities in various areas especially on how they maintain law and order in the society, and the approaches they use on criminal procedures. Although these two models clash at some point, when used together, they deliver fair decisions in criminal related cases. Therefore, they are significant in helping law enforcers create suitable judicial systems in the society.
Edkins, V. & Kansas, A. (2007). Assessing due process and crime control attitudes: Creation and validation of a measure of juror bias.s British Journal of criminology. Vol 68(4-B), 2007. pp. 2711
Levrant, S. (2009). Reconsidering Restorative Justice: The Corruption of Benevolence Revisited? Crime and Delinquency, n.d (45), 3-27.
Richard S. F. (2011). Defining the Limits of Crime Control and Due Process, 73 Cal. L. Rev. 212. Retrieved from, http://scholarship.law.berkeley.edu/californialawreview/vol73/iss1/6, on August 24, 2013
Visher, C. A. (2007). Incapacitation and Crime Control: Does a ‘Lock ’em Up’ Strategy Reduce Crime”. Justice Quarterly, 4(n.d.),
Zalman, M. (2008). Criminal procedure: Constitution and society, 5th ed. Upper Saddle River, NJ: Prentice-Hall.
CRIMINAL JUSTICE 2
Running head: CRIMINAL JUSTICE 1
The First Homicide
The Criminal Act
In the book of Genesis chapter four verse six to seven, it narrates how the first homicidal act in the world was committed by Cain against his own brother Abel. Cain and Abel were the two sons of Adam and Eve. This criminal act occurred in the Garden of Eden representing the best and worst qualities among human beings. Cain decided to present a poor sacrifice in the form of fruits to God as he was a land tiller while his brother presented the best in form of the first born and fat sheep from his flock as he was a herder. They both presented their respective sacrifices to God hoping to receive favor in return. However, God was very pleased with Abel’s offering thus, ignoring Cain’s sacrifice due to hypocrisy exhibited by Cain. God perceived Cain as a selfish man who could not offer the best for his creator with respect (Christopher, 2013, p. 2).
When God favored Abel’s sacrificial offering over Cain’s, the latter became angry at God and jealous of his brother. As a result, he decided to slay and kill Abel. Cain decided to lure Abel in accompanying him to the fields; a request Abel did not dishonor. When they arrived, Cain pounced on Abel and murdered him. When God asked Cain where his brother Abel was, he answered God in anger that he did neither know nor was he his brother’s keeper. With surprise, God asked Cain what he had resulted to do against his brother Abel. God told Cain he could hear his brother’s blood crying out for Him calling out his name from the ground. Thus, He cursed the earth for receiving Abel’s blood and declared that Cain and the rest of humankind would till the earth but it would not yield into any harvest. He concluded that Cain would be an escapee and a wanderer for disrespecting His creations (Christopher, 2013, p. 2).
Theorists discussed criminal theories based on two major types; people and environments. With regard to types of people, theorists discuss why an individual commits a crime as well as attributing motives, feelings and factors. With regard to environmental types, theorists discuss why crime rates are high based on external and individual factors. Thus, the classical theory applies in the first murder because; this theory’s principles apply in the homicide case between Cain and Abel. Cain felt at will in resulting to homicide in order to punish his brother. He believed that his hideous act would ease his pain and jealousy. God conversely punished Cain by cursing him as He believed it was necessary in deterring him from committing more crimes (Shelden, 2007).
Although the classical theory has limitations with regard to people lacking rationality while committing crimes that are self-serving and hideous, this theory is applicable in the first homicide case in the world. Classical theorists assume individuals have life chances that are equal in an imbalanced society that lacks equal impartiality. This theory addresses the real reasons behind criminal acts as it relies on human behaviors and social contexts. It assumes fear in people discourage them from committing criminal acts they cannot handle the consequences. Therefore, if they do not think about the consequences, like Cain did, they proceed and commit crime. In the first homicide, it is set in a social context. More so, Cain disregarded the consequences thus, answering God in anger. The classical theory is therefore applicable in the first homicide case.
Christopher, M. L. (2013). The First Murder: The Story of Cain and Abel, Illinois, Resource Guide.
Shelden, W. H. (2007).Theories of Crime and Delinquency (Chapter 6-7), Retrieved on 27th August 2013 from: http://www.sheldensays.com/theories_of_crime1.htm
CRIMINAL JUSTICE 2
Running Head: CRIMINAL JUSTICE 1
Restorative justice system
This section of the paper offers a comprehensive insight on both the restorative justice system in relation to Canada’s violence against its First Nation’s women and children. It provides background information and outlines some of the movements and campaigns with differing viewpoints.
Impact of the restorative justice over first nation’s women and children: This part of the paper discuses some of the impacts the restorative justice system has had over Canadian and Ontario first nation’s women and children survivors of violence. It also establishes the effects it has on global, national and regional levels.
Impact on women and children who have experienced violence: This section aims at establishing how the restorative justice system directly affects both women and children who have experienced violence. It attributes these effects to (NWAC) active role in the country’s restorative justice system on First Nation Women and children.
Restorative justice and the feminist movement: This is the final section of the paper and offers an independent opinion on whether the change in this issue advanced or set back the feminist movement. It also shows how little the current change in restorative justice system has done in setting back the feminist movement.
The conventional justice system often asks three fundamental questions: what specific law has been broken? Who specifically has broken these laws? And how will the law breaker be punished? However, restorative justice focuses on who has been harmed, how these harms may be addressed and who should address such harms. Restorative justice provides a more personalized approach in addressing these harms (Ann, 2004). This justice system doesn’t emphasize on punishing offenders since it presumes punishment alone is not enough.
According to Canada’s national statistics, the First Nation society is not visible minority. However, the relationship between Canada and the first nations are governed by different established treaties. For a long time, First Nation’s women and children have suffered tremendously as victims in modern Canadian and Ontario society. They are often the victims of racism, sexism, as well as, unconscionable levels of domestic violence (Ptacek, 2010). The current justice system has done very little to protect them from these assaults. As a result, these women have a higher rate of over representation in the country’s prison system as compared to First Nation’s men.
The media has experienced a gradual increase in the past ten years on the presentation of restorative justice over Canadian and Ontario first nation’s women and children surviving of violence. On 5th November 2013, the fight for access to services and justice for First Nation women took a giant leap forward as both national and provincial women groups launched a campaign across Canada (Robert, 2013). Other groups working on this issue include different community organizations who have recently joined forces to advocate for shelter, sanctuary and status among Canada’s First Nation Women and Children who have survived violence.
Impact of the restorative justice over first nation’s women and children
This section aims at discussing the impact restorative justice over Canadian and Ontario first nation’s women and children survivors of violence. It will establish the impact the issue has on global, national and regional levels. At the global level, through a UN body, Iran, Belarys, and Russia criticized Canada’s human rights early November in 2013 (Roberts, 2004). This came after the Canadian envoy refused to develop and implement a national review that ends violence against the First Nation’s women and children. The Native Women Association of Canada (NWAC) has risen to become the country’s first national organization to represent the First Nation’s women. Over the past five years, the organization has enjoyed an immense representation in meetings attended by Canadian leaders. Currently it is viewed as the national voice that represents First Women and children in the country.
Since March 2010, restorative justice has greatly impacted the First Nation Women and children both locally and internationally (Robert, 2013). This came after the (NWAC) proposed a motion to undertake a study on the violence against First Nation women and children. The committee heard from several witnesses who included representatives from First Nation organizations, scholars, service providers, as well as, Aboriginal women. The committee aimed at developing and implementing restorative justice policies that gained a better understanding of the nature and extent of the violence.
The committee has had a positive impact in Ontario the provincial level. This is mainly because it examined the root causes of violence and offer recommendations and solutions in consultation and cooperation with the First Nation’s women. One of the most relevant legislation and relevant amendments proposed by the (NWAC) was the enactment of the progressive sentencing law reform (Ptacek, 2010). This law would have a significant impact in Ontario since it called for special consideration of conditions among First Nation’s communities who should be viewed as legacies of colonialism hence limiting the use of incarceration on them.
Impact on women and children who have experienced violence
Restorative justice has directly affected both women and children who have experienced violence. This is largely attributed to (NWAC) active role in the country’s restorative justice system on First Nation Women and children. Before the Canadian government introduced the restorative justice system for First Nation women and children in 1996, law reforms inspired by feminist sought for compulsory criminalization of gendered violence. Since then, Canada has seen the rate of imprisonment of First Nation women double while gendered violence among these women and children is three times greater in Aboriginal communities (Roberts, 2004).
Recent cases of First Nation Women convicted of manslaughter demonstrate how Canada’s justice system has become both a backlash an appropriation of feminist inspired antiviolence strategies. Studies from different scholars have drawn on feminist and critical race studies of Canada’s restorative justice system particularly in the context of gendered violence (Robert, 2013). This has enabled various groups to examine why the victimizationcriminalization continuum has not been fully recognized in the practice of restorative justice.
Since its inception in 1995, Aboriginal Women’s Action Network (AWAN) has continued providing a voice for First Women in the modern society (Ptacek, 2010). In regard to the implication of restorative justice, the organization has had a significant impact on both First Nation Women and children who have experienced violence. Some of the direct effects the organization has had on women and children include: offering education workshops, hosting national and provincial forums and engaging in community consultations.
Workplace violence has become a common occurrence in Ontario in the past five years. It includes the use of physical force by a person against a worker leading to injury. Though the current criminal justice system has tried curbing the vice, there has been a gradual increase in the number of statements and behavior which are interpretable as a threat to commit physical force against a worker. Workplace harassment in Ontario includes bullying, intimidation and sometimes offensive jokes. The contemporary restorative justice system in Ontario has played a major role in the development and implementation of policies and programs that aim at reducing workplace violence.
The restorative justice system in Ontario requires employers to prepare policies with respect to workplace violence and harassment. It also requires employers to develop and maintain programs that implements such policies particularly those that offer valuable information and instructions to workers on the contents of these policies and programs.
Restorative justice and the feminist movement
Most scholars have concluded that the First Nations women view feminism as highly irrelevant to them. However activists hold the opinion that feminist have more to offer Aboriginal women in their struggles against oppression. The current change in restorative justice system has done very little in setting back the feminist movement. This is partly because for several decades Canadian feminist have continued supporting similar sisterhoods that are based on common female values, perceptions and experiences (Ann, 2004). However, feminists have failed to sufficiently examine the differences between them and the First Nation women. According to Jackie, a political activist, despite the general diversity of opinions on the First Nation society, there remains a strong stance by Aboriginal women against white women (Robert, 2013). As a result, very few First Nation women self identify as feminist.
For a long time the First Nation society in Canada has debated on the role of feminist movements in advancing their struggles, as well as, making space for indigenous feminism. According to Verna, an activist, most indigenous women strongly oppose feminism mainly because it erases differences amongst women. She also notes that some of the arguments made by indigenes women view feminism as purely reliant on liberalism and colonialism.
Ann, R. (2004). Restorative Justice. New York: Peter Lang.
Ptacek, J. (2010). Restorative Justice and Violence Against Women. Brooklyn: Oxford University Press.
Robert, L. (2013). Institutionalizing Restorative Justice. Manchester: Routledge.
Roberts, A. (2004). Critical Issues In Crime and Justice. New York: SAGE.
RESTORATIVE JUSTICE SYSTEM 2
Running Head: RESTORATIVE JUSTICE SYSTEM 1
Strategies for Literature Review Strategies for Finding Resources
How education will assist an individual in becoming employed in law enforcement
Strategies for Literature Review Strategies for Finding Resources
A number of strategies can be used while choosing a database. The fact that there are many search tools at disposal in starting literature review, it is of the essence to appreciate the different forms of online databases. The basic kinds of periodical databases range from general to multidisciplinary. For this, they index across popular as well as scholarly articles. In accessing the scholarly literature for any particular discipline there exist subject for specific databases (Moser, 2007). Some illustrations are ERIC for education, PsycINFO for psychology, SOCIndex for Sociology, life sciences and Biology Abstracts for biology, and for business and management; ABI/Inform. For the lists of possibly appropriate databases to be used within this area of study, focusing on the main library webpage while looking into the subject research guides. For this reason, there are aspects for each of the majors within this phenomenon as there are for the special topics and specific courses.
At this point, the periodical databases in law are interconnected with the goal of more easily looking for the text articles in totality. It is prudent to consider that even though there are high percentages of articles available online, not all have the relevant content. The basic function for the periodical databases in this strategy is aimed at indexing the articles. For the availability of the full texts and page, images for the articles are subject to sequential agreements and contracts between publishers and vendors (Rios, 2007). Fortunately, for this online era, the articles that are not out rightly available online, interlibrary document delivery systems can be used to get the full text of the specific article.
Law enforcement broadly concerns the systems through which the members of the society act within the organized manner towards enforcing the contents of law. This is done through discovering as well as punishing literature on persons violating the rules and norms that govern the said society. Even though this term could encompass the entities like courts and prisons, it is frequently applied to the aspects that directly engage in surveillance (Mazzola & Kellermanns, 2010). The literature contains aspects and components of dissuading and discovering criminal activity against investigation of crimes and apprehension of offenders.
The second approach is conducting background review through a systematic approach, which is indexed through the use of the exact publication type term. On the contrary, accurate application for this strategy will necessitate judgment based on assessment for the methods and techniques reported within the original articles that are indexed as well. For the entire process, this remains highly reproducible even though it does not show whether or not the indexers that are trained to be doing this (Torgerson, 2003). To do this in good time, this requires the application of the index terms. Pending this, the users of the education literature will require the application of hedges offered in identifying the systematic reviews in law enforcement. Searching or conducting quick searches for comprehensive systematic reviews in the areas of law are solicited from the available will optimize with the high precision strategies or even the strategies of the balanced sensitivities and precision in law literature (Hess & Orthmann, 2011). On the other hand, the guideline researchers and developers will want to use this highly sensitive strategy. In addition, the strategies will also be as useful when each of them is pre-programmed towards the search interfaces under a combination with the topic specific terms.
Hess K. M., Orthmann C. M. H., (2011) Management and Supervision in Law Enforcement. New York: Cengage Learning
Mazzola P., Kellermanns F. W., (2010) Handbook of Research on Strategy Process. New York: Edward Elgar Publishing
Moser K., (2007) Mass Customization Strategies: Development of a Competence Based Framework for Identifying Different Mass Customization Strategies. New York: Lulu.com
Rios J. J., (2007) Law Enforcement Exam Preparation Study Guide. New York: Lulu.com
Torgerson C., (2003) Systematic Reviews. New York: Continuum
CRIMINAL JUSTICE 3
Running head: CRIMINAL JUSTICE 1
Kingpin: How One hacker Took Over the Billion-Dollar Crime Underground
Kingpin, written by Wired.com chief editor Kevin Poulsen, traces the life and times of Max Butler, otherwise known as Max Vision from his days as a teenager, to his life as a full-blown hacker who took over the entire underground cybercrime world with a visionary and elaborate plan. The hacker’s plan locked out all the other hackers from the carding business, but he then admitted them into his own formed organization. As a child, Max’s influence and interest in computers was developed by his father who was a former Vietnam veteran and a technology enthusiast. Max’s programming therefore started at a tender age of eight, having started the lesson from BASIC. With this interest and a continually growing technological world especially with Tim Bernes invention of the internet in the late 90’s, Max’s hacking skills and sprees according to the book started way before the widespread use of the internet.
His love for networking, chatting and coding, had however soured his relationship with his first girlfriend, Amy, which landed him a five year jail term, even though his crime of misdemeanor did not warrant such a stern sentence. However, this incident happened after a chemical theft from his high school, which had finally ended up with him being diagnosed as being bipolar. From jail, Max joined his four childhood friends who had graduated and were working for computer security firms in Silicon Valley. With an appetite for hacking as well as skills enough to perform the hacking, Max’s friend helped get employment as a systems administrator at a computer firm, where his hacking got the best of him and he got fired.
Max’s life was, however, salvaged by his hacker friend who offered him a job in a company he was starting as a white hat hacker, contracting for organizations, which required secure systems that only the hackers could provide. Therefore, their work involved attacking the organization’s system, giving a report on the organization’s strengths and weakness and finally fixing the weaknesses against other hackers like them. This work landed him a job with the FBI as an informant (Equalizer), reporting on other hacker’s activities and security holes in government and personal computer networks in the internet. Additionally, at this time, Max attacked and fixed vulnerability within government networks occasioned by a hole in the government BIND deployed internet protocol, which put him at loggerheads with his FBI recruiter Chris Beeson. With the attack and fixation, Max set up his consulting website, Whitehats.com and developed a program for scanning for vulnerabilities in the BIND system.
A Def Con convention (a convention in which hackers meet to discuss latest software, security vulnerabilities, chat and compete on hacking networks as well as themselves), a lawyer’s presentation changed Max’s life, with the feeling that working with the FBI was snitching on his fellow hackers, as well as exploitative on his side as he got nothing out of it. Calling the lawyer thus soured his relationship with the Feds who dropped him as their informant, allowing him to hire himself out as a white hat consultant. A hanging government prosecution however kept biting into Max as well as his marriage, with the couple planning on an escape out of the country.
His activities with BIND caught up with him earning him an 18 months imprisonment, followed by a three-year internet supervision. Several individuals, both in the security world and his friend, had pleaded against his sentence. According to Max, the sentence was an oversight, an injustice for his non-cooperation to turn in his benefactor, Matt Harrigan. This imprisonment however also, meant the end of Max’s marriage as Kimi, his wife could not stomach Max’s impulses, and therefore filed for a divorce.
Max’s life after his jail term was hard: with a criminal record, it was difficult for him to secure and meaningful employment. Although he had vowed not to engage in any criminal activity, the lack of employment made him think otherwise, thus meeting up with his former inmate friend Jeff Norminton and they planned on getting back to business. Since they did not have enough to launch their illegal activities, Max and Norminton brought in Chris Aragon, a former convict to help them out. Chris’s dirty dealings made Norminton to abandon the Group with Chris’s $20,000. This left Max and Chris, who eventually went into the carding business, stealing credit card numbers and selling them out along with the data. This also Max’s return to cybercrime and what became Max’s hostile takeover of the underground cybercrime activities, in the takeover uniting the hackers and the carders’ forum into one community where they could communicate and do business online. This take over also included East European carder markets in Russia, although he had problems with that due to the language barrier. A carders forum, DarkMarket, had however easily escaped his takeover and opened its shop after Max had overridden it. This forum, and market place, ended up in the hands of an FBI agent at its helm playing the crime boss while in the real sense tracking the activities of the hackers, with a special interest in Max.
However, this became his long winding road towards his discovery by the law enforcement agencies. His failed attempt to unmask an FBI agent left Max distraught, while the FBI agent, Mularski, worked on uncovering Max, at this time going with the pseudo Iceman. He sensed the heat coming at him and decided to kill his Iceman pseudo, picking up the Aphex handle. This killing also included killing the Digits handle on his Carders Market website. However, a former associate, Giannone had given up the identity of his partner Chris Argon and the fed were hot on his trail. With Chris arrested, it was only a matter of time before Max arrest, the Secret Service finally pounced on him, with the federal court sentencing him to 13 years in prison and 5 years of court supervision on internet use, for education or employment purposes.
Kevin Poulsen meticulously trails Max’s life; the main character in the book Kingpin: How One hacker Took Over the Billion-Dollar Crime Underground, telling his story in a fiction novel manner in the 266-page book, but in the real sense delivering a detailed account of a real life story. The book is therefore entertaining in addition to being informative. Kevin Poulsen delivers the accounts of Max in a comfortable manner, quite at home with the technological language having been a hacker himself, thus, making the book a nice read. Thus, the author’s language while bordering at some point to the technical jargon of the computer world, is informative as the writer take the liberty to explain the technical jargon that is contained in the book.
While the book details the exploits of Max, it over Max’s abilities in the hacking world, referring to the fact that he actually took over the underground crime world. His clandestine activities were genius having started at a tender age. He was however not able to undertake the whole underground as his nemesis Maksik, in fact beat him in his own game, blocking him from hacking into his system. Max’s path into the hacking world was also curved by his father, a Vietnam War veteran and a technology enthusiast who let Max play with the computers and learn to write computer code by the time the young boy was eight years old. This informs of the influence parents have on their children, an idea that therefore requires parents to carefully consider what they expose their children to, and the consequences of such exposure.
Poulsen traces Max’s entry into crime through the break in using a stolen master key from the school’s lab, and his first brush with the American correction facilities after his (Max) attempt on his girlfriend’s (Amy) life by chocking her. Further, the narrative gives account of Max’s first hacking job as a white hat hacker, having been recruited by the FBI. Things however turn sour for Max when he tips off a friend about the FBI’s interest in his friend and benefactor. While the FBI drop him as an informant, after Max contacted a lawyer following the failed wire tapping on his friend’s conversation, they leave him with a hanging indictment and prosecution threat, which would in turn land him a jail sentence. Through this period as an informant, Max clandestine activities as a white hat do however come to the attention of his FBI handler who asks him to stop after a firm’s system administrator calls the handler to report the attack.
The author unfolds Max’s life in a cinematography manner, adding within the whole plot Max’s personal life. This includes his marriage to his newfound love, his friends the Hungry Hackers and his family’s involvement in his entire life. The FBI’s discovery of his other life does not only put him at odds with the federal agency, but with his wife as well, finally earning him a nine-year jail term, loss of a job he was just about to start and reaping from him any prospects of landing any gainful employment given his highly publicized case. This was however, the case with many other hackers, given the rising number of computer crimes in the early years of the internet, and the early 2000s. This period marked the dot com bubble that saw the rise of many online companies, and an increasing number of online transactions in the trending e-commerce platforms and payment systems such as the eBay and PayPal respectively.
With a continued surveillance over the internet bandwidth given the rising online criminal activities, most of these sites shut down, bowing to pressure from the FBI and other overseas security agencies. The online websites were however not only a product of the American hacker gang; they included other gangs from East Europe and Russia. This shutting did not however deter others from coming up, of which Max rounded up into one huge site from which the hackers could buy their tools, sell others as well as get tutorials on how to hack into other computers.
While Max succeeds in rounding up the other sites, wiping out their databases and bringing them to his platform, one of the sites (DarkMarket) manages to rise up from Max’s attack. This site grows to become his major rival in the underground scene, until of course the Federal Agency finally catches up with him, earning him a 13-year imprisonment jail term.
As earlier said Poulsen experience and knowledge of the workings of the technology world put him at an advantage in narrating the tale. This is especially visible through his use and explanation of the technological lingo. The suspense-gripping thrill expected of a serious thriller novel is however absent in the book, with the story told in a plain straightforward manner, pitying the book against its peers such as the Cuckoo’s Egg. Given that the story is a true account, Poulsen’s distortion of information and exaggeration on the issues involved, especially the banks and the magnetic strip for credit and debit cards does not entirely give the banks’ tolerance of using the strips even after the widespread crimes involving the cards. It was negligent of him not to inform the reader that the bank’s hesitation was due to the expenses they would incur for replacing the strips with chips, as well as machines that could read the chips.
Poulsen however succeeds in explaining the murky world of cyber crime. He makes it clear what it involves working in such a world, shedding light into a world that is almost an amazement given the painstaking difficulty involved in making sense of the technological world. A few times, he succeeds to make humor out of the situation especially from the gang’s names such as one calling itself Theft Services.
Max’s character does not come alive in the narration, even though the author did interview him. The mention of his personal life remains vague, while the window into his mind, which the reader would expect is closed as the writer does not explore this line. The book also vaguely describes some of the characters, with their role in Max’s life indistinct, such as the two Russians lured into America by the FBI. Additionally the book gives cyber war a wide berth, yet it is a contentious and contemporary issue given the numerous attacks by cross-governmental agencies such as China to the United States, and the United states to South Korea and Iran.
An individual particularly interested n the history of hacking will finding this book an interesting read as it traces to the first of hackers and phone phreakers among them Steve Jobs and Steve Wozniak. Thus, the book is a recommended read for both thriller readers as it immerses one in the gripping twist and turn of the fiction novel, except it gives a true account of Max’s life.
The book also illuminates on credit card theft, a problem in the current world given the increasing number of individuals who do their transactions using credit cards. With this information therefore, points of sales, banks and even individuals get informed on the workings of identity thieves and credit card thieve and can therefore take measures to prevent them from falling prey to such fraudsters who are still at large.
Running head: Kingpin 1
Noble Cause Corruption
Corruption is the use of one’s certified position for own benefits and advantages. This type of corruption is termed as traditional corruption, which is aimed at self- interests of the offender. However, this is not the only type of corruption that exists. Noble cause corruption exists between the police and any other law enforcing officers. Noble corruption is the type of corruption committed for noble conclusions, a dishonesty that happens when forces officers care a lot about their labor. This vice is aimed at getting the bad people off the highways (Crank & Caldero, 2010).
Noble cause corruption exists in today’s world. For illustration, a police officer wants to make the streets of his town safer. However, he knows that this is not an easy job since the bad people are smart and know how to hide any evidence found that might be used to convict them. Some police officers may violate the law by planting evidence on the offender with the aim of ensuring conviction. The police officer may validate his actions by arguing that he is only doing that for the sake of the society. In some cases, the police officers may take the law in their own hands and execute the bad people due to their connections with the judges and prosecutors.
The main reason why noble corruption has become an exercise amid the law execution captains is that they find it easy to magistrate a person only because of what he has done during his life. This is not always the case because the law states that one is perceived innocent until convicted of the offense in a court of law. This means that the police in doing this violates the rights of the offender. The police undertake the role of the juries by finishing the bad people. With technology, it is easier for police officers to trace the actions of the bad people because of the emergence of social networks such as Facebook and Twitter. This makes it easier for the officers to commit these crimes without getting noticed (Crank & Caldero, 2010).
The end does not always justify the means. There can be no justification that can replace the rule of law. Although crime is an evil and must be controlled, police officers must as well learn to respect the rights of others even though they have a criminal past. The officers should be the caretakers of the rule and not the ones violating it.
Crank, J., & Caldero, M. (2010). Police Ethics (Revised Printing): The Corruption of Noble Cause. Burlington: Elsevier Science.
Running head: CORRUPTION 1
Criminal justice is defined as a set of systems of processes and agencies which are involved in the trial and prosecution of law and administration of Justice. This system is normally set up by the government of a given country with an objective of minimizing the crime rates as well as enforcing penalties to those against the law. The operation of any given criminal system in any country is dependent on the kind of Jurisdiction in charge. It could either be a military installation or a tribunal government or a federal, city, county or state. A State kind of system only disciplines crimes committed strictly in the confines of their boundaries while a Federal kind of system disciplines the crimes committed in all the consolidated States.
The criminal justice system is comprised of law enforcement, where the concerned officers get the statements of crimes that occur within their area. In addition, they search all the necessary materials in the form of evidence regarding various crimes. Secondly, the prosecution process where the lawyers representing the State or National Government review the cases forwarded from the enforcement level and determine whether to proceed and file the charges or otherwise. The third level is the defense attorneys; these are lawyers appointed by the accused to defend them. They can also be appointed by the court; on the fourth level is the courts, the judges are in charge and their obligation is to oversee proceedings by giving an opportunity to both sides and deciding the verdict. The final stage is the correction stage where the officers at this level are tasked with ensuring that the prosecuted offenders are in line and conform to the court ruling while in prison (Criminal Justice System, 2010, p. 65).
The stages in the criminal justice system follow and conform to the operations of the system. This is necessitated by all the procedures involved where a crime is reported followed by a thorough investigation to ascertain the allegation and weigh whether they warrantee prosecution. When such a decision is arrived at, warrant of arrest is issued and enforced. A trial process follows where the accused cites to be guilty and is given a lesser degree of punishment or any other prosecution that may apply. If at the trial stage the accused is found to be not guilty, they are released and if guilty, the judge sets a date to carry out the sentencing. The final stage involves and is tasked with the post-trial where the sentencing occurs. The judge may also decide to put the offender under probation, mainly under surveillance in the society (PPI, 2005, p.1).
Generally, it has been concurred that discrimination depending on race or ethical descent is a violation of the Equality Principle rule. Race defines similar biological inheritance which is different and distinct from other groups. Therefore, racism occurs when the social practices of a region obviously apply the benefits to associates of the racially categorized group purely because of their racial affiliation. In accordance with the U.S. Census Bureau, the Hispanic population in the United States as at 1st July 2012 was 53 million. These discernable Hispanic speakers are the biggest racial minority in the United States. Various reports indicate that to some extent, the criminal justice system is racist favoring majority whites while disadvantaging other minority races like Hispanic speakers. Citing the Rodney King incident, it is observed that there was an exaggerated use of force by the Los Angeles Police Department (LAPD) which was associated with bias and racism. The records indicate that in a survey carried out by the commission investigating 960 LAPD officers, 25% of the officers were found to be a racial bias on the minorities in their decisions. More than 25% of the LAPD officer cited that indeed, such racial bias had high chances of causing excessive use of force.
It was as well found out that there existed two justice systems at play in New York State Courts. First that favors whites and the other for minorities and the poverty-stricken areas contrary to universal equality of Justice across the world. This study also found out that injustice, contrasting treatment and inequality was also evidenced on racial basis. Moreover, it was observed that racist scribbling was on the walls in the court facilities and the minority associates were loath-fully treated by the officers (Criminal Justice System, 2010, p. 68)
Spanish speakers in the United States encounter three major challenges with respect to criminal justice. It is observed that there is a disproportionate representation in jail and prisons across the country. For instance, in a lifetime statistic, a Hispanic male has 17percent probability of serving time in prison compared to the 6 percent probability of a white male to serve in prison (PRA, 2005). This is almost thrice as much chance as compared to the whites yet the Hispanic is a minority group in the United States at 15 percent of the total population. If this trend continues, then 1 in 6 Hispanic males and 1 in 17 white males have a probability of going to prison in their lifetime (PRA, 2005). Clearly, this is such a great disparity in representation; the Spanish speakers are also disproportionally targeted as criminal suspects. In a study surveying drivers and traffic police, it was observed that out of the drivers halted for speeding, 79.4 percent Hispanics had higher probabilities of being ticketed as compared to 66.6 percent whites (PRA, 2005). The Hispanics were also more likely to be arrested than the whites with a percentage of 4.2 and 2.6 respectively. This is further supported by the facts and statistics that, Hispanic speaker drivers composed of 8.4 percent while Whites were 77 percent. In 2005, 11.7 percent and 66.3 percent of Hispanic and White drivers were ticketed respectively (PRA, 2005). This illustrates how criminal justice is discriminatory especially to Hispanic speakers that despite them being a minority, the majority of them were ticketed for minor road mistakes. Their White counterparts despite being the majority on the roads, minority were ticketed (PRA, 2005, p. 2).
Hispanics also faced by more punitive treatments in court compared to their white counterparts. In the same study discussed above, Hispanics who had no previous criminal record were observed to have higher chances of being detained as compared to their white counterparts with the same history. According to the statistics, the Hispanics were two times more probable than whites to be given a prison time trial (prosecution) instead of probation or a fine. The Hispanics living on reservations are consistently targeted by the criminal justice system despite the affirmation on Native sovereignty. In essence, the native people have been denied the right of control on the enforcement of law based on tribal inclinations thus leading to unfair sentencing on crimes that have been committed against the natives. Generally, National laws are more harsh compared to State laws and since the natives are under the National jurisdiction, their sentences are more severe than those of their White counterparts (PRA, 2005, p. 2).
In conclusion, various researchers have conducted studies to prove the presence of racial discrimination in the criminal justice system. Most of these studies indicate the presence of acts of discrimination based on race, which are seen to occur both within and without the judicial system. Public understanding of how the criminal justice system operates is also affiliated with the stated acts of discrimination. A large number of the minorities actually conclude that the justice system totally singles them out and is therefore inequitable. To clear this perception, people involved in the operation of the criminal justice system (whether wholly or partial) ought to unite and work towards eliminating the existing acts of prejudice. Since it is the only sure way of clearing the present perception in the minds of the minorities, equal treatment ought to be emphasized and rule of law followed to the latter. The existence and practices of racial discrimination in the criminal justice system is found to be predominant in the criminal justice process and this majorly objectives the decision making process. Thus, officers, lawyers and judges dispatched in areas that involve decision making should be the forefront in advocating for fair trial and judgment. Moreover, they should be as transparent as possible in every process to avoid any doubts from the minorities which they may attribute to injustice. Therefore, racism in the criminal justice system is an ongoing battle that researchers are still conducting analysis as to whether it is indeed present. As discussed in this paper, racism in the criminal justice system is evident and should be completely eliminated where the rule of law should be upheld upon any suspect regardless of race, religion, status or age.
Criminal Justice System. The Interaction between Ethics and the Criminal Justice System, Criminal Justice Journal, 1(1): 65-85.
Political Research Associates (PRA). (2005). Defending Justice: An Activist Resource Kit, Criminal justice system Journal, 1(1): 1-6.
Prison Policy Initiative (PPI). (2005). Incarceration Is Not an Equal Opportunity Punishment, Prison Policy Journal, 1(1): 1.
CRIMINAL JUSTICE 2
Running Head: CRIMINAL JUSTICE 1
Intrusion Investigation Process
Intrusion investigation is a special discipline that uses digital forensic investigation to find out the level to which unauthorized access and full usage of a computer system has occurred. Mostly intrusions occur in organizations and companies in order to access their safely protected data for sabotage or other personal reasons (Case, 2009). Sometimes an outsider or people working does an intrusion act in the company. This paper writes about intrusion and is mainly concerned with the intrusion investigation process that covers the incident response life cycle and the scientific method.
The incident response life cycle
This refers to the process used for responding to and solving computer intrusion incident. Incident life cycle is a process that is more used in intrusion investigation. This includes procedures such as preparing, detecting and analyzing, containing, eradicating and recovering and finally determining scope. In this process, preparation refers to when the investigators are getting ready to deal with the intrusion incident from within the organization. This also involves technical and individual perspective (Scarfone, 2012). Detection and analysis involves the original realization of the problem, analyzing the data and using this information to find out the complete extent of the incident. Containing, eradicating and recovering process have to do with obtaining the stolen data and giving it back to the affected organization. After attaining all the above procedures, the organization will settle down and find out the lessons learnt from the incident. They also come up with policies and strategies that will enable them to prevent a repeat of such incident in future (NIST, 2012). For example, scrutinizing employees to decide the right people can keep private and confidential information.
The scientific method of intrusion investigation process
Scientific methods of investigating intrusion incidents refers to a simple procedure that is flexible and allows the investigator to be in the right direction during the investigation. Procedures in the scientific method of intrusion investigation include observation – during observation the investigator will find out that an event occurred that lead the organization to know that an intrusion has taken place. For example, one use might find important files missing from the secured system. Hypothesis based on the available truth about the incident, one can form a theory about what might have happened (Casey, 2009). For instance, using the information above, one can hypothesize that the user did not save the file or someone intentionally deleted the file or an antivirus caused the file to erase through a download.
Prediction based on the generated hypothesis, one can then forecast the position of the object in the system. For example, one may decide to check the download history of the system to find out any strange website sources. Experimentation / testing in the process the investigator analyses the existing evidence and try to find it the evidence exist. Here the investigator can test other viable explanations of the incident. Conclusion enables the investigator to come up with a summary based on the findings.
Scope assessment process enables the investigator to identify the actual and the potential number of affected or compromised systems, networks and credentials during the investigation. It initiates the collection process, which aids in collecting data of the affected networks and systems. This process enables the investigator to secure data from contrasting sources to allow correlation and event organization (NIST, 2012). Compare information from various sources to obtain a wider view of the intrusion. The final step in determining scope is detection, which involves using all the undetected artifacts to search the target network for any compromised data.
Casey, E. (2009). Handbook of digital forensics and investigation. Boston, MA: Academic Press
NIST special publication (2012). Computer security. Retrieved from http://www.citadel-information.com/wp-content/uploads/2012/08/nist-sp800-61-draft-computer-security-incident-handling-guide-2012.pdf
Scarfone, K. (2012). Computer security handling guide. Retrieved from http://delivery.acm.org/10.1145/2210000/2206277/SP800-61rev1.pdf?ip=188.8.131.52&id=2206277&acc=OPEN&key=BF13D071DEA4D3F3B0AA4BA89B4BCA5B&CFID=254036770&CFTOKEN=57679929&__acm__=1381857757_0d9fc1e7f248b6fda94a5034f8d58058
INTRUSION INVESTIGATION PROCESS 2
Running head: INTRUSION INVESTIGATION PROCESS 1