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Criminal homework help

For EACH of the terms – find a criminal case, a book of nonfiction or fiction, a short story, news article, or a movie from the past 10 years, that best illustrates the term and how it is to be applied. YOU MAN NOT USE examples from the text book.

For each term: 

1. identify the term and the elements in the offense, what elements are added or different for each successive more serious offense; make sure you also are aware of any requirements of definitions such as what is physical injury, and if you can, identify if that penal law section has a corroboration requirement to the charge, and is it met

2. identify the news article, criminal case, book or movie that illustrates the term, and provide clear enough citation for the article, criminal case, book, short story, or movie can be found.

3. specifically explain the facts of the case/story and identify how the story meets each and every element of the offense.

4. remember – some crimes have alternate theories – such as robbery causing physical injury, displaying a weapon, or aided by another actually present. You may use the same story to explain multiple theories PROVIDED you can clearly explain how the story you are offering for the example actually meets the specific subsection.

5. With respect to the larceny and robbery and other sections that have multiple different theories you only need to do a maximum of 3 in a particular sections – so for example grand larceny in the 4th degree has many subsections – just pick 4 of them; but you have to do the subsections in grand larceny 3rd and 2nd as well. 

6. It may help you to look at the penal law statutes online; and you may also want to look at the New York State Pattern Criminal Jury Instructions – which the judges use to break down the elements of offenses when explaining charges to the jury.

Use the New York State Penal Law to help you with the elements, and distinctions between offenses: 

1. Burglary in the 1st, 2nd and 3rd degrees PL 140.00 et seq.

2. Trespass in the 1st and 2nd degree PL 140.00 et seq.

3. Arson in the 1st, 2nd , 3rd and 5th degrees PL 150.00 et seq.

4. Criminal Mischief in the 1st 2nd and 3rd degree PL 145.00 et seq

5. Identity theft in the 1st, and 2rd degree 190.80 et seq

6. Forgery in the 1st and 2nd degree, Criminal Possession of a Forged Instrument in the 1st and  2nd degree 170.00 et seq.

7. Computer Crimes: Duplication 156.30 Trespass 156.10 Tampering 3rd and 2nd PL 156.25 & 26

8. Bad checks/ check kiting PL 190.00 et seq.

9. Criminal Possession of Stolen Property 5th, 4th and 2nd  PL165.00 et seq.

10. Robbery in the 1st through 3rd degrees PL 160.00

11. Unauthorized Use of a Motor Vehicle 1st through 3rd Degrees PL 165.05-165.08

12. Larceny Defined in 155.00, Larceny in the 2nd, 3rd and 4th degree 155.40-155.30 and Petit Larceny 155.25

Criminal homework help

CJUS 520

Disciplinary Research Paper: The Criminal Justice System in Its Environment Assignment Instructions

Overview

Since 1963, a series of United States Supreme Court case decisions have clarified that in criminal cases, prosecutors must disclose to the defense evidence favorable to the defendant. This includes information that may be used to impeach the credibility of government witnesses, including law enforcement officers. These decisions mean that police officers who have documented histories of lying in official matters are liabilities to their agencies, and these histories may render them unable to testify credibly.

Instructions

Write a professional memorandum summarizing the main issues that are involved in the following United States Supreme Court cases. Brady v. Maryland, 373 U.S. 83 (1963); Giglio v. United States, 405 U. S. 150 (1972); United States v. Agurs, 427 U. S. 97 (1976)

· 2.5-3 pages (double spaced) excluding the reference page.

· Current APA format. 

· 3 peer-reviewed sources.

· Acceptable sources (course textbooks, academic books, .gov websites, peer-reviewed journal articles published within the last 5-10 years only). 

This assignment requires that students follow a template. Students must review and follow the template carefully.

Note: Your assignment will be checked for originality via the Turnitin plagiarism tool.

Criminal homework help

https://nij.ojp.gov/topics/articles/cold-cases-resources-agencies-resolution-families
https://www.ojp.gov/pdffiles1/nij/194197.pdf

https://www.justice.gov/crt/cold-case-initiative
https://nij.ojp.gov/topics/law-enforcement/investigations/cold-case-investigations

Criminal homework help

A Writing Guide and the Recommended Outlines for the Final Paper

You may fulfill the requirements for the final paper if you follow the suggestions

below. In the following sections, I discuss the compositions of the expected final paper

elements. At the end, I provide a rough idea about the recommended length and format

of the final paper, how will the paper be evaluated, and tips of journal searching through

Lamar library online sources.

***IMPORTANT:

Articles are attachment titled and underlined for empirical studies to support paper arguments.

1. You may choose your own topic that can be either a type of crime or criminals


TOPIC SERIAL KILLING

Theories: Social learning theory and General strain theory

Your whole purpose here is to make arguments why one theory (or a school of similar

theories) is better than another one (which should be also a good one for the type of

crime or criminals) in explanation why the chosen type of crime/criminals were

committed. In other words, both theories (or schools of theories) are good ones for

explanation of your chosen crime/criminals and you utilize some empirical studies’

findings to support your explanations. Furthermore, you will argue why one theory is

better than the other one due to certain factors (i.e., evidences from the empirical

study findings).

2. Empirical studies used to support your paper arguments should retrieve from Lamar

University Library Quick Search located on the page of http://library.lamar.edu

(more directions are in the end of this guide). Please keep in mind: do NOT use news

media articles to support your arguments, nor use some specific individual cases to

illustrate your points since they are more likely to be biased/edited by the media. To

know if your found article is an academic journal publication, you should find if it has

sections such as literature reviews, data or method session, results/findings of their

studies, and conclusion/discussion. Media reports usually do NOT have these

sessions.

Your paper may contain the following five sections:

1. Introduction. The first part is to discuss some general terms the phenomenon

(crime/criminals) you are intending to study. In other words, you should state what

you intend to do in the paper. For example, you can

a. briefly describe the issue you chose for the paper.

b. briefly describe the opposing views that you are going to present in the paper.

State your position.

c. Or, why have you decided to examine this phenomenon?

2. Descriptive Summary of applied theories. For selected theories that will be applied

to explain your topic of crime/criminals, you should briefly explain how each theory

is applied on factors that lead to the crime/being a criminal (of certain type). You

should especially cover the following points:

a. What are the key elements of each theory offered for explanations on the selected

crime/criminals? Why each theory is a good fit in explaining the crime/criminals?

Your own reasoning can be important here.

b. Among your references, be sure to state how they provide information that is

relevant to your topic? How are theories or reasoning/evidences each provides in

their arguments related to your selected topic? Try to be concise and right up to

the point.

3. Literature Review. You should cite at least Four academic articles (textbook or

novels do not count) which related to the topic you chose (so their empirical findings

could be useful for your arguments). In this part, you should discuss how other

studies have examined or discusses the phenomenon you wish to examine? What

have they found? And how do their findings could be supportive to either theory?

Are their findings strong enough to support your application of the selected theories?

In your review, you may consider to discuss:

a. What does the literature have to say about the dependent variable

(crime/criminals) in your topic?

b. How has it been studied (very briefly)? (e.g., who are the subjects? The research

design and methods has been used?)

c. What have been the key findings that can be related to your topic?

d. Can these findings support your selected theories (both or either one?)?

e. How well theories you selected is applied to your focused crime/delinquency?

** You may also use non academic article (generally, they should be official government

reports). However, you will have to cite the non academic articles (as additional ones) in

your reference list.

4. Discussions and Implications. Next, you should express your own points. You

should make your own arguments as the following suggestions:

a. What is your reaction to the arguments presented by each author? Be sure to

briefly state your opinions on the strength or weakness of the arguments made by

each author from the text.

b. Summarize briefly how do your arguments supported by the literature that you

discussed in the paper? Do not just copy-paste prior sentences.

c. Where do you think future work on this topic should be directed?

d. What remains to be done in this issue?

e. What other empirical evidence may be needed to clarify future arguments

between your chosen theories?

5. Reference List (bibliography) APA

1st article
Serial killing and homosexual necrophilia, an exploration

The vast majority of literature regarding sexual homicide is premised on a male perpetrator and female victim, as is the sparse literature regarding acts of necrophilia. Little, therefore, is known of homicide committed by a homosexual male to facilitate necrophilic acts. A case is presented here of such an instance, an instance that escalated into serial homicide and, at least, a dozen victims. The prefacing role of sexual fantasy is explored, as well as the significance of the manner of death when necrophilic intent is the rationale for homicide. Potential indicators of necrophilic interests leading to sexual homicide are noted, and the literature regarding such interests is expanded.

Keywords: Necrophilia; serial killing; sexual paraphilia; homicide; homosexual murder

Introduction

A case is presented of a homosexual serial killer who murdered to secure bodies upon which to inflict his necrophilic fantasies and desires. The study offers an inquiry into the nature of serial killing of men when necrophilic intent is the driving force of those murders. When necrophilia is the rationale for homicide, this case inquires as to the absence or presence of ‘overkill’, as seen in many murders where the homosexuality of the victim is present or suspected (Bell & Vila, [ 6]; Gojanovic, [17]; Bartlett, [ 4]p583). The role of sexual fantasy, as a preface for offending, is also explored in the context of homosexual homicide. With regard to homosexual necrophilia, the case presented inquires as to the necessity of a distinct taxonomy of the phenomenon, such as that presented by Aggrawal ([ 2]).

Whilst there have been a number of studies of sexualised murder these are, overwhelmingly, accounts premised on heterosexual men murdering women (Bartlett, [ 4]p573). Existing literature regarding homicide involving homosexual males is largely concerned with victims of hate violence (Kelley & Gruenewald, [21]; Mouzos & Thompson, [25]; Tomsen, [29]), there is very limited literature of homosexual perpetrators and victims outside that perspective. As such, studies of homosexual murder carried out for the purposes of committing necrophilic acts is limited to the one account offered by Bartholomew, Milte, and Galbally ([ 3])

Nearly exclusively the sparse academic and professional literature, much like the literature on sexualised homicide, deals with the topic of necrophilia based on the assumption of a male perpetrator imposing his sexual urges on the corpse of a female. That perspective remains constant even when necrophilic acts are not prefaced with a homicide (see for example, Boureghda, Retz, Philipp-Wiegmann, & Rosler, [ 7]; Schlesinger, [27]). The assumption of gender has been consistent across time and even features in longstanding definitions of the paraphilia, such as that offered by Smith and Braun, ‘Sexual necrophilia [is] a man’s desire to have sexual intercourse or any other kind of sexual contact with a female corpse’ (Smith & Braun, [28]p259). Unsurprisingly then, Knafo asserts that almost without exception, necrophiles are males who ‘use’ females,

The gender disparity reflects that found in many perversions and has been accounted for by postulating castration fears and anxieties and the male objectification of women, obvious in pornography, which highlights the sex act rather than relationships between people (Knafo, [22]p878).

The features which Knafo asserts, the objectification of women, their subjugation for the purposes of offsetting subconscious fears of castration, of owning, consuming, and fetishizing the object of the male sex drive, do not apply neatly in cases of homosexual necrophilia. The explanation for homosexual necrophilic acts cannot lie in the shadow of a patriarchal culture in which the victim is portrayed as the natural subordinate to the perpetrator’s dominance and masculinity, the offender is not acting out the gender relations embedded and perpetuated in contemporary culture. The explanation for homosexual necrophilia then requires investigation, which is offered here.

Authorities in the subject area reference homosexual necrophilia as an incidental sidebar, even going so far as to assert that there are no documented cases of ‘pure homosexual necrophiles’, those who engage in homosexual acts with both the living and the dead (Aggrawal, [ 2]p90). Aggrawal ([ 2]) does, however, offer a preliminary taxonomy of homosexual necrophilia. In the first category he places those who perform homosexual acts with the living, but fantasise about sexual contact with the dead (type I). In the second category he places those who do not engage in homosexual acts with the living but will engage in anal intercourse with the dead (type II). Finally, in the third category, are those who will perform homosexual acts with the living and with the dead (type III), of which he says there are no recorded cases (Aggrawal, [ 2]p90). Overlooked by Aggrawal, it is the last category to which this case belongs.

A case study is employed in the same manner as the study offered by Culhane, Hilstad, Freng, and Gray ([12]); data is sourced here directly from the offender who participated in a three year correspondence, after ethical approval was granted by an institutional ethics board. All quotes are supplied, retrospectively, by the offender himself, information which was easily cross referenced to other sources of data, by studying letters, diaries, an unpublished autobiography, court transcripts, prison records, and witness and confession evidence stored at the National Archives.

The case

The offender was a white male in his early 30s, working in a semi skilled occupation, who lived alone. When eventually apprehended he was found mentally competent to stand trial, although psychiatric assessment revealed him to be suffering from personality disorder not otherwise specified (PD-NOS); psychological evaluations carried out in prison have never deemed him suitable for, or in need of, care in a psychiatric facility. Those reports do, however, consistently judge him as lacking any remorse or empathy for his victims. Describing him as above average intelligence, psychologists who have evaluated him in prison note him as a continual risk to others and have continued to recommend that he should remain in high security conditions for the duration of his life sentence.

At the time of his offending he was a moderately open homosexual; his sexual orientation would not be hidden, but not readily disclosed to work colleagues and family members. He does not report any heterosexual encounters in his personal life. He frequently patronised gay bars and would often engage in ‘one night stands’, fleeting sexual encounters. Over time though, he came to find ‘the gay scene’ tiresome and unfulfilling, he would complain of loneliness and displayed signs of depression. His drinking became problematic after the promise of a romantic relationship failed to materialise and he came to be, in his own recollection, ‘a full blown alcoholic’, using alcohol to cope with rejection. As his feelings of depression and despondency deepened, he would frequently spend time alone, when he would engage in a rich and detailed sexual fantasy life aided by alcohol and music.

As a child, the offender was sexually abused by a close relative. The abuse he suffered was frequent, only ending when his abuser passed away. Struggling with the memories of abuse and with mixed feelings of grief and relief, he became emotionally and physically isolated in his childhood, recalling his abuser as the only person who showed an interest in him in his formative years. He recalls being emotionally detached from his mother and having no feelings whatsoever towards his step father. The family were relatively poor and he blames some of his alienation from other children on his ‘shabby clothes’. Generally, however, he was well nourished and remembers suffering from no more than “the usual childhood illnesses. A solitary child with few friends and an acrimonious relationship with his elder half brother – with whom he recalls episodes of sexual experimentation upon his sibling’s body as he slept – he was further isolated by his burgeoning homosexuality deemed, as it was, socially unacceptable and, at the time, criminal behaviour.

I now realised I was not like other boys, in either sexual preference or wider emotional aspirations. I was well aware of all the social condemnation that would fall on my head if it were known what my tastes were… There were my early experiences with my [abuser] and now I had inherited a second tier of alienation

To cope with alienation from his peers, and from his family, he withdrew into a fantasy world. His fantasy world was diverse, in some scenarios he would be reunited with his abuser; in others he would come across his own body – injured or dead – and sexually abuse it; he would render other boys unconscious and sexually abuse their passive bodies; and his fantasies would be coupled, and reinforced, by masturbation. Indeed, the sexual exploration of his pubescent years was in the context of this fantasy world,

My feelings for other boys had to be kept hidden because that remained taboo to both peers and to the larger adult world. Therefore, to satisfy the “need” for emotional expression and mutual sustenance, I was obliged to create a friendly, pleasing entity (or friend) within myself. I would hobble along for years, an emotional cripple, with this substitute. He existed as an imaginary person to satisfy my recurring needs

His fantasies centred, and remained so throughout his life, on passivity. Such was the centrality of that theme, and the sexual excitement it provided, unconscious bodies graduated to dead bodies in this sexual fantasy. No doubt this graduation can, in part at least, be attributed to an incident in which he molested an unconscious friend. Although being wracked with fear of discovery, he recalls the excitement of the occasion but also how he mourned its fleeting and short nature. For the corpse is pliable for a longer period and, pivotally, the use of the dead would allow him to permanently ‘own’ the victim without fear of exposure, as Aggrawal notes, ‘the dead cannot refuse, reject or resist; they also do not tell tales or talk back’ (Aggrawal, [ 1]:316).

From childhood, through adolescence, and into adulthood, a great deal of time would be spent in this fantasy world, a world which became more intricate as time progressed. Over time, his fantasy life had to become more intricate and detailed to provide continued satisfaction, whilst through masturbation sexual arousal became conditioned to its content. Indeed, so involved in his fantasy world and so determined to maintain its capacity for sexual fulfilment that it came to involve external props (not uncommon in the prefacing time before the commission of sexual violence (Hazelwood & Warren, [18]p135)).

I put talc on my face to erase the living colour. I smear charcoal under my eyes to accentuate a hollow dark look. I put pale blue on my lips. I rub my eyes to make them bloodshot. I have put three holes in my old tee-shirt. I make a mixture of cochineal and saffron to synthesize blood. I soak the ‘blood’ into the holes and the liquid stains my shirt and runs down my body. I lie, staring-eyed, on the bed in front of the mirror.

Careers in the military and then the police were characterised by isolation owing to his sexual orientation and, at times, repressed romantic feelings towards colleagues. He came to live in a large city, more tolerant of homosexuality than his birth place, but he found no fulfilment in the opportunities for self expression that it offered. Real life experiences did not stimulate him as his fantasy world did, as Hazelwood and Warren note ‘fantasy is always perfect’ (Hazelwood & Warren, [18]p133). He attempted relationships, as well as ‘one night stands’, but their lack of fulfilment caused him to socially isolate himself, spending increasing amounts of time at home, alone. Unable to cope with mounting problems, difficulties at work, debt, and without any meaningful friendships or relationship, he further withdrew into a private world, engaging in fantasy with the help of alcohol and music.

…the whole fantasy ‘menagerie’ [would have] continued if it were not for a crisis of explosive proportions building from accumulating and ‘impossible’ stresses… The ritual traversed my private boundary and dragged in a real person. I was at my lowest ebb, ever… I had reached a stage where NOTHING at all was going right, and on all fronts. I had never before had all my problems dumped in my lap all at the same time. Something had to give.

It was in this emotional state when, during a night of heavy drinking, he met a man in a bar and invited him home. He declares no premeditation but the following morning, overcome with fear that the man would soon awake and leave, returning him to his state of loneliness, using a ligature he partially strangled the man into unconsciousness and then drowned him in a bucket of water. For some days afterwards, he kept the corpse and used it in acting out his sexual fantasies; a dozen men would come to be killed in this manner, ligature strangulation, sometimes completed with drowning to ensure death. In the deliberate choosing of how he would kill the offender recalls,

I thought of beating him on the head with a blunt instrument but could not do it. I thought about stabbing him to death with a kitchen knife but could not do that either.. I remember feeling it was important not to damage his body in such a way as to mar the purity of the image in the fantasy. I could not bear to think of his smashed head or any stab wounds on him.

After death, in a ritual that would be followed on many occasions the body was washed – although on other occasions he would bathe with the bodies – it would be dressed, undressed, and generally ‘cared’ for, sometimes for several days. Often he would converse with the corpse as if the person were still alive, eat meals, and watch television together. In terms of sexual exploration, on at least one occasion he attempted anal intercourse with a corpse but found his erection could not be sustained. He dismisses reports of post-mortem signs of anal penetration as natural consequences of strangulation and is adamant that penetrative sex was attempted only once with one victim. However, he openly admits performing fellatio with some, but not all corpses, as well as masturbating over the bodies and performing intercrural sex. More than sexual acts in isolation, however, he would use the bodies as ‘props’ in his sexual fantasies and role playing,

In a haze of fantastic images the victims had no identity as individual personalities. They did not exist for me as personalities. I cut their words from my ears and from my mind, they would be the images I directed for them. They would have to fit in with my dreams as more props to arrange on the stage of my fantasies. I ingested nothing of them at all, as impersonal as so much raw material. In as much as I ever considered them as people I considered that they would be what their dreams were. For years of practise, I was a champion of preserving my own secret inner world.

Once the corpses displayed outward signs of decay and decomposition they would be stowed underneath the floorboards and covered with air-freshners and salt to disguise the smell. When, after a number of victims had been killed, the lack of storage necessitated disposal of the victims they would be dismembered and burned in suitcases and bags on a bonfire constructed in the backyard of the offender’s property.

Discussion

In this case, the murder of actual or perceived homosexual men, with an intent to perpetrate necrophilic acts, was qualitatively different than the majority of reported cases involving such victims. This case contradicts existing literature on homosexual homicide in that there was no extreme violence or ‘overkill’ (Bell & Vila, [ 6]; Gojanovic, [17]; Bartlett, [ 4]p583). Whilst victims in this case were not subject to ‘hate’ violence, it is submitted that an important caveat is the necrophilic intent. Destroying the body in the act of homicide subverts the necrophilic intent to, not only have sexual ownership of the corpse, but, in this case, to maintain the body in order to mimic relationship behaviours; eating food, ‘conversing’, and watching television; behaviour that Hickey would term, ‘necrofetishism’ (cited in Heasman and Jones 2006p274). The offender explicitly recalls that he did not wish to maim or damage his victims’ during the killing process so as to maintain the purity of the image in his fantasy. Others have noted that the choice to strangle is associated with serial killers more generally (Kraemer, Lord, & Heilbrun, [23]p338) and particularly in the sexual killing of women (Chan & Heide, [11]). However, homosexual homicide in men is more commonly committed with an edged weapon (Chan & Beauregard, [10]p84). This case is contrary to that finding; all victims were, at least partially, strangled to death.

Aside from the manner of death, in an additional and important respect this case contradicts another key finding in the literature on homosexual homicide, relating to the role of sexual fantasy. Broadly, the academic literature is replete with accounts, studies, and investigations that document the prefacing and causal link of sexual fantasies to violent sexual crime (Gee & Belofastov, [15]; Gee, Ward, & Eccleston, [16]; Hazelwood and Warren [18]; Jones and Wilson [20]) and particularly lust murder and serial killing, accounts that are premised on a female victim and heterosexual male offender (Geberth, [13]p459; Hickey, [19]p70). The same causal link is found here in contradiction to Bartlett’s finding that sexual fantasy imports a gendered component, of a male perpetrator dominating a passive woman or girl, which, he asserts, is not found in gay sexual homicides (Bartlett, [ 4]p592).

Burgess et al have previously reported that in 80% of a sample of violent sex offenders, from childhood and into adulthood, chronic masturbation, daydreaming, and social isolation were found (Burgess, Douglas, D’Agostino, Hartman, & Ressler, [ 8]); that finding is also confirmed here and supported by others (Gee & Belofastov, [15]p52). When fantasy is increasingly rehearsed, it acquires more and more power, strengthening the association between the content of the fantasy and sexual arousal. Stronger associations between fantasy and ejaculation then develop over time (Prentky et al., [26]). Such a finding is not new, however, as relapse prevention theorists have historically proposed that prefacing the committal of sex crimes is arousal to deviant sexual fantasy conditioned through masturbatory activity (Laws, [24]). The fantasy, however, can only satiate for a finite period, masturbatory activity moves a person closer to point of committing a sexual act in reality and, eventually, the fantasy world is so invested by him that it needs to be acted out (Carabellese, Maniglio, Greco, & Catanesi, [ 9] p259). What is new, however, is the finding that homosexual homicide can be prefaced with sexual fantasy, just as in cases of heterosexual sexual homicide.

Additionally, this finding is relevant in the context of necrophilia which is not always prefaced with homicide, homosexual opportunistic necrophiles such as mortuary attendants, for example. There is corroboration of the assertion that necrophilic behaviour in homosexual men is prefaced with a deviant fantasy life, just as has been found in necrophiles who abuse the corpses of women (Aggrawal, [ 2]p76). As this prefacing fantasy life is also found in cases of heterosexual necrophilia, a distinct classification for homosexual men is possibly unnecessary.

It is the necrophilic rationale for murder which appears to be pivotal in this case; serial killing was instrumental only, a means to secure the bodies with which he could act out his fantasies; the offender is adamant that he took no pleasure in the act of killing. The fact that his victims were homosexual, or assumed to be homosexual, merely made it easier for the offender to lure them to his home, on the promise of a sexual encounter. Homosexual men were targeted for their ‘ease’ as victims, not because their sexual orientation was a necessary component in acting out his necrophilic desires. In this way studies which depict homosexual men at a higher risk of victimisation, because of their risk taking in seeking sexual encounters, is endorsed (Beauregard & Proulx, [ 5]p484; Geberth, [14]p653).

Implications

This is a case which Aggrawal asserts has not been recorded before, type III homosexual necrophilia, in which a perpetrator will engage in homosexual acts with both living and dead males (Aggrawal, [ 2]p90). In a number of ways the case presented here reinforces other accounts of necrophilia, those involving a male perpetrator and female victim, the centrality of low self esteem, sexual fantasy as a precursor to offending, and fear of rejection. Moreover, the offender in this case prefaced the acquiring of a corpse with increasingly intricate sexual fantasies, just as found in cases of heterosexual necrophilia. Seemingly then, if this case is typical and deviant sexual fantasy is present in necrophiles regardless of gender, homosexual necrophilia might not warrant a specific category or distinct taxonomy. If that finding is borne out in other similar cases then there is the possibility of intervention at the fantasy stage, before necrophilic fantasy is acted upon, if potential offenders can be identified. To corroborate that finding, however, the limited literature on the subject of necrophilia would benefit from accounts of female perpetrated necrophilia, concerning both male and female victims.

For clinicians treating those who present thoughts and desires of necrophilia it is important to note the possibility of progression from thought to action. In this case, when fantasies could no longer provide fulfilment, and environmental stressors reduced the inhibition to offend, murder became the means by which a body could be procured to act out those fantasies.

For investigators the manner of death presented here is significant. The offender in this case deliberately targeted strangers and made a conscious decision regarding how he would kill, to complete his sexual fantasy he strangled so as not to inflict unnecessary wounds or damage to his victim. This case then suggests that investigators should consider stranger perpetrated homosexual homicides, without the use of an edged weapon and without evidence of overkill, might have a sexual motive.


2nd article


The Role of Sexual, Sadistic, and Misogynistic Fantasy in Mass and Serial Killing.

A subset of violent criminals fixates on deviant (and often grossly misogynistic) sexual fantasies, or engages in sexually sadistic behavior toward victims. Although the role of psychosexual deviancy is quite common among many notorious serial killers (e.g., Ted Bundy, Gary Ridgway, Dennis Rader), it appears to be a motivating factor for some recent mass killers as well. Evidence indicates that the killer’s psychosexual issues were a motivating factor for mass killers (e.g., George Sodini, Jared Lee Loughner, and Elliot Rodger) in their assault. This article will compare and contrast the role and influence of a deviant sexual/misogynistic fantasy formation process for mass and serial killers.

Mass and serial killers share many similarities both prior to their fantasy formation stage, and during the fantasy-conditioning process that spans over a substantial amount of time, and increases in intensity and violence. However, the way in which these fantasies are expressed differs for each type of criminal mindset.2

The common (grossly misogynistic) and sexually sadistic behavior of many serial killers has been studied for well over half a century. This type of deviancy was a prime motivator for notorious serial killers (e.g., Ted Bundy, Gary Ridgeway, Dennis Rader). However, the role of (grossly misogynistic) and psychosexual deviant fantasies fueling the mass killers’ behavior is a relatively new phenomena. By conducting ethnographic content analysis on the cases of mass killers (e.g., George Sodini, Jared Lee Loughner, and Elliot Rodger) this research unearths similar fantasy propulsion full of rage, hatred, and sadistic revenge toward women.

The psyche for both serial and mass murderers is marked by low self-esteem; real and perceived rejection; and despair, powerlessness, and self-loathing that is projected onto others. Both mass and serial killers direct blame for their real and perceived shortcomings outwardly. During adolescence and on into adulthood, the potential killer uses fantasy and daydreaming as a means to compensate for deficient social relationships and for some a lack of sexual relationships. Over time, as distorted perceptions become ingrained thought patterns, this potentially violent criminal goes deeper and deeper into a mordant fantasized world. Eventually, it becomes an inefficient coping mechanism; the individual’s attempt to re-establish psychological equilibrium must be advanced and the fantasy must be actualized (Proulx et al. [24]:31).

Sadistic serial killers tend to have particularly detailed and elaborate fantasies—”scripts of violence,” rich with themes of abuse, control, and dominance (Skrapec [28]). Killing is typically, but not always, a means of sexual arousal and gratification for this offender. This type of serial killer is motivated by themes of absolute power over another human being. The few mass killers who have a sexual motivation for their crimes likewise derive pleasure from fantasies of sadistic violence, control, and domination.

The mass killer, though, is more likely to have generalized feelings of undue superiority over, or unrealistic anger or hatred toward, representative femal

Criminal homework help

The video Forensic Science: Analysis of Drugs Using Colour Tests (Links to an external site.) shown above
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http://search.proquest.com/docview/2069740667?accountid=32521
https://www.nap.edu/catalog/12589/strengthening-forensic-science-in-the-united-states-a-path-forward
http://search.proquest.com/docview/1684201619?accountid=32521

https://go.openathens.net/redirector/ashford.edu?url=http%3a%2f%2fdigital.films.com%2fPortalPlaylists.aspx%3fwID%3d100753%26xtid%3d40578

Criminal homework help

1. Use the textbook:  to provide an overview of the assigned crime and its interpretation in light of the criminology perspectives:

Cyber vandalism: Cybercrime with Malicious Intent (Chapter14)

Cyberbullying

· Definition of the assigned crime and of its classifications or forms. For instance white collar crime has the following forms: Business frauds and swindles, chiseling, exploitation, influence peddling, embezzlement, client fraud, corporate crimes

· Interpretation in light of one of the criminological perspectives (Concept Summary 1.2, Chapter 1). Pick the perspective that the group thinks make more sense to explain the assigned crime.

2. Use the Internet: to find or to supplement information about the practical case assigned to the group.

· What is it? (Practical case definition/description)

· What does explain the practical case crime? Or how did it happen? For instance a timeline of the way it evolved over time.

· The cost or the impacts on society (also identify who are the main victims).

· Trial outcome and sentence, if there is one.

· The best strategy to prevent and control the practical case crime in the view of the group.

· Include a video-clip (not more than five minutes) from a recognized media outlet to help the group to convey the case of the crime. For instance, group 1 can present a video explaining “the Subprime Mortgage Scandal.”

· Have a critical question regarding the practical case for the rest of the class to respond to.

· Include the sources used at the end of the presentation following the MLA style.

Please be sure you are using reliable sources (look for biases by checking the “About Us” or “Who We Are” of the website). Use .edu, .org or .gov websites. Do no use .com websites. Their agenda is to sell you something.

Use PowerPoint or any other presentation tool the group members are familiar with (PowerPoint, Prezi, Google Slides, etc) to put together the presentation.   Each presentation should not have more than 12 slides, including title and work cited. 

1. Each slide should not have more than 10 lines, but it should explain enough that anyone reading it gets the idea the group is conveying in the slide.

2. Be creative, beside the video-clip, you can add pictures and charts or anything you think make the presentation easier to follow and grab the information.

3. Use the Canvas tools for working in groups (from the Global Navigation Menu, on the left of the course menu), use the features there to interact with group members. Use people, to message group members; Discussions, to have a forum discussion during the process of working on the project; Conferences, to have video conferences, and Collaborations to exchange files. The use of these tools is optional, group can use other tools for virtual communication such as Zoom, FaceTime, Message, etc. 

· The presentation should include a front page with the group number, the assigned crime, the practical case and the group members. For instance: Group 1- White Collar Crime: The Subprime Mortgage Scandal 2008.

· As “Subject,” have the topic, the group number, and the group members. For instance Group 1, White Collar Crime (group members).

· See more instructions on how to attach the presentation in Assignments/Group Presentations

 

Rubric for Grading


Content

-The presentation provides a clear overview of the assigned topic.

-The presentation clearly conveys the topic from the view of one the three sociological views. 

-The presentation fully develops the practical case and presents the group’s view on it.

-The presentation includes at least one critical thinking question about the practical case.


Presentation

-The presentation follows the rules for the presentation (number of slides, number of lines per slide).

-The presentation is organized and easy to follow.

-The presentation is creative at presenting the ideas associated with the assigned topic.

Criminal homework help

Original Article

Police Encounters as Stressors:

Associations with Depression and

Anxiety across Race

Socius: Sociological Research for

a Dynamic World

Volume 7: 1 –13

© The Author(s) 2021 Article reuse guidelines:


sagepub.com/journals-permissions

DOI: 10.1177/2378023121998128https://doi.org/10.1177/2378023121998128


srd.sagepub.com

998128
research-article2021
SRD

XXX10.1177/2378023121998128Socius

Alang et al.

Sirry Alang1
, Donna McAlpine2
, and Malcolm McClain1

Abstract

Stress researchers have emphasized the relationship between social stress and mental health. However, research investigating police brutality as a stressor is scarce. The authors conceptualize police brutality as a stressor, examining racial variation in its effects on mental health. Data came from the Survey of the Health of Urban Residents in the United States (n = 4,389). Negative encounters with the police were found to be associated with depressed mood and anxiety. The relationship between encounters with the police and depressed mood was stronger among Black respondents and Latinxs compared with Whites. Regardless of personal encounters with the police, the anticipatory stress of police brutality—concern that one might become a victim of police brutality—was associated with depression and anxiety. These findings highlight police brutality as an anticipatory stressor and have implications for whiteness as a resource that protects from the stress of negative police encounters.

Keywords

police brutality, anticipatory stressors, mental health

2 Socius: Sociological Research for a Dynamic World


Alang et al.

3

Over the past several years, there has been increased attention to the impact of negative police encounters on the mental health of communities that are disproportionately policed. These encounters have generally been referred to as police brutality: police action that dehumanizes, with or without conscious intent (Alang et al. 2017; Bandes 1999). Police brutality encompasses physical, sexual, and psychological violence; verbal abuse; and intimidation (Bandes 1999). Police brutality is one of the most enduring forms of structural racism, rooted in the work of organized slave patrols that sought to keep enslaved Africans from fleeing (Alang 2018; Boyd 2018; Cooper 2015). Just like racism, police brutality can be conceptualized as a stressor. Stressors are situations, factors, or conditions that produce stress by impeding an individual’s ability to maintain normal functioning (Aneshensel 2015). We conceptualize police brutality as stressor under the stress process paradigm. The stress process is a prominent sociological framework for understanding variability in risks for negative mental health outcomes. A central premise of the stress process is that differential exposure to stressors is associated with variation in mental health outcomes (Pearlin 1989; Pearlin et al. 1981; Turner and Lloyd 1999). If negative encounters with the police are stressors, then persons with exposure to these encounters will also have worse mental health outcomes than those without negative encounters with the police.

Consistent with the stress process framework, research suggests that greater exposure to negative police actions is associated with a higher prevalence of delusional mood, paranoia, hallucinations, psychological distress, depression, anxiety, and suicidal ideation (Bor et al. 2018; DeVylder, Cogburn et al., 2017; DeVylder, Frey et al., 2017; Geller et al. 2014; McLeod et al. 2020). Geller et al. (2014) were among the first to examine the relationship between police encounters and anxiety. Using a New York City–based sample of young men between the ages of 18 and 26 years, they found that those with more frequent police encounters, especially encounters considered intrusive, were more likely to report symptoms of anxiety than those with fewer encounters. Risks for encounters with the police are higher for

1Lehigh University, Bethlehem, PA, USA

2University of Minnesota Twin Cities, Minneapolis, MN, USA

Corresponding Author:

Sirry Alang, Lehigh University, Department of Sociology and Program in Health, Medicine and Society, 31 Williams Drive, #280, Bethlehem, PA 18015, USA

Creative Commons Non Commercial CC BY-NC: This article is distributed under the terms of the Creative Commons AttributionNonCommercial 4.0 License (https://creativecommons.org/licenses/by-nc/4.0/) which permits non-commercial use, reproduction and

distribution of the work without further permission provided the original work is attributed as specified on the SAGE and Open Access pages (https://us.sagepub.com/en-us/nam/open-access-at-sage).

Email: sma206@lehigh.edu

persons with prior criminal involvement (Bowleg et al. 2020; Geller et al. 2014), men (Miller et al. 2017), and young adults (Bui, Coates, and Matthay 2018; Miller et al. 2017). Regardless of personal encounters with the police, simply living in a neighborhood where pedestrians are frequently being frisked increases one’s odds of psychological distress (Sewell, Jefferson, and Lee 2016). Although this body of research generally highlights differences in exposure to police encounters and in mental health outcomes that stem from varied exposure to police encounters, less is known about how variation in mental health outcomes might depend on how people characterize or evaluate their own encounters with the police.

Stress researchers have argued that to fully understand the differential impact of stressors on mental health, attention must also be given to the evaluation or appraisal of the stressor (Louie and Wheaton 2019; McLeod 2012; Thoits 2006). In the case of police encounters, how individuals evaluate their own experiences with the police might matter for mental health beyond solely their exposure to police brutality. For example, Geller et al. (2014) found that when younger men perceived police actions to be fair, ethical, and respectful, they experienced less anxiety. We build on this work, using a larger national sample, to examine how personal evaluations of police actions might be associated with depression and anxiety, and how these associations might vary across racialized groups.

Exposure to stress is rooted in social status and circumstances (Turner, Wheaton, and Lloyd 1995). People with the most marginalized statuses are disproportionately exposed to stressors, and stressors that are strongly associated to less privileged statuses are more likely to endure over the life course (Pearlin, Aneshensel, and LeBlanc 1997; Pearlin et al. 2005). Exposure to stressors such as everyday experiences of racism, poverty, a history of incarceration, and involvement with the criminal justice system even prior to police stops are associated with a range of mental health outcomes (Bowleg et al. 2020; Fedina et al. 2018; Kwate and Goodman 2015; Williams et al. 1997). Racism disproportionately exposes people who are Black and other people of color to police brutality (Alang 2018; Boyd 2018). For example, they are more likely than Whites to be stopped; arrested; injured; psychologically, sexually, and emotionally assaulted; and killed by the police (Barber et al. 2016; Bui et al. 2018; Fedina et al. 2018; Feldman et al. 2016; Miller et al. 2017; Nix et al. 2017; Ross 2015). Therefore, as a stressor, police brutality does not affect every racial group equally. We expect, therefore, that people who are Black and other people of color are more likely than people who are White to anticipate negative police encounters.

We argue that police brutality is an anticipatory stressor. Anticipatory stressors are significant concerns about future harmful experiences, conditions, or events that may or may not ever occur (Pearlin and Bierman 2013). These kinds of stressors create vigilance: behaviors that indicate attempts to avoid or navigate predicted stress and are associated with chronic health conditions among Black adults (Lee and Hicken 2016). Goal-striving stress—an anticipatory stressor grounded in the probability of failed aspirations—is associated with high blood pressure among Black but not among White people (DeAngelis 2020). Grace (2020) examined the association between three kinds of anticipatory stressors— economic insecurity, exposure to traumatic events, and experiences of discrimination—and depressive symptoms among college seniors. The anticipation of traumatic events such as the potential death of a family member, being the victim of sexual assault, and being the victim of a violent crime was associated with depressive symptoms, and these associations varied by race (Grace 2020).

Similarly, the anticipation of police brutality might be associated with poor mental health. We already know that exposure to police brutality affects mental health. We also know that when unarmed Black Americans are killed by the police, the number of mental health days and prevalence of psychological distress increase significantly among Black people but not among Whites (Bor et al. 2018). Taken together, the effects of exposure to and anticipation of police brutality on mental health might vary across racial groups. We explore these relationships here.

Our first objective is to determine whether individual exposure to and evaluations of encounters with the police are associated with depression and anxiety. If negative encounters with the police are stressors following the stress process framework, then evaluations of personal encounters with the police should be given analytical significance when assessing the impact of negative police encounters on mental health. The second objective is to explore the associations between the anticipation of police brutality and depression and anxiety. Regardless of personal experiences of police brutality, the stressful anticipation that one might be a victim of police brutality also matters for mental health. We hypothesize that evaluations of encounters with the police and the anticipatory stress of police brutality both matter for mental health beyond personal exposure to police brutality. Finally, we examine whether the relationship between evaluations of personal encounters with the police and mental health outcomes vary by race and whether the relationship between the anticipation of police brutality and mental health outcomes vary by race.

Methods

Data

Data were obtained from the Survey of the Health of Urban Residents (SHUR) (n = 4,389). SHUR was administered online by Qualtrics to a nonprobability quota sample obtained through leveraging databases of individuals who have opted into participating in surveys. Qualtrics panels are frequently used in social science and epidemiological research (Beymer, Holloway, and Grov 2018; DeVylder, Frey et al. 2017; Grace 2020). The SHUR consists of adults ages 18 and older living in urban areas across the contiguous United States. Black/ African American and Latinx populations were oversampled, as well as persons whose usual source of care was not a doctor’s office (Alang et al. forthcoming). Qualtrics implemented demographic screening questions and recruitment quotas to ensure that specific demographic characteristics were met.

Measures

Two main outcome variables are depressed mood and generalized anxiety, measured using the two-item Patient Health Questionnaire (PHQ-2) and the two-item Generalized Anxiety Disorder (GAD-2) instrument, respectively. The PHQ-2 and GAD-2 are both initial screening instruments used to assess depression and anxiety in primary care settings. The PHQ-2 asks respondents how often in the past two weeks they have been bothered by (1) little interest or pleasure in doing things and (2) feeling down, depressed, or hopeless. The GAD-2 asks respondents how often they have been bothered by (1) feeling nervous, anxious, or on edge and (2) not being able to stop or control worrying over the past two weeks. Responses for both the PHQ-2 and the GAD-2 include not at all (0), several days (1), more than half the time (2), and nearly every day (3). Scores for each measure range from 0 to 6. Scoring 3 or more on the PHQ-2 indicates likely major depressive disorder or depressed mood with sensitivity of 82.9 percent and specificity of 90.0 percent (Kroenke, Spitzer, and Williams 2003). Similarly, a cutoff score of 3 on the GAD-2 indicates likely generalized anxiety disorder at 86 percent sensitivity and 83 percent specificity (Kroenke et al. 2007). In our analyses, we use a binary measure for depressed mood: 0 if total score on the PHQ-2 is less than 3 (no depression) and 1 if equal to or greater than 3 (likely depressed mood). Generalized anxiety is also measured as 0 (no anxiety) or 1 (likely generalized anxiety).

The primary independent variables are negative encounters with the police and stressful anticipation of police brutality. Respondents were asked if they have ever had any personal negative encounters with the police. Negative encounters included police cursing at the respondent; hitting, kicking, or shoving the respondent; using an electroshock weapon such as a stun gun; or pointing a gun at them. Respondents who reported at least one negative encounter with the police were asked, “Thinking of your most recent experience(s) with the police, would you say the action of the officer was necessary?” The variable negative experiences with the police was then created with three mutually exclusive categories: no negative encounter, necessary negative encounter, and unnecessary negative encounter. We relied on self-reports of whether encounters were (un)necessary to highlight the importance of individuals’ own evaluations of their experiences with the police, an approach consistent with others that investigate the impact of police actions on health (Cooper et al. 2004; English et al. 2017), and with the subjective nature of stressors (Wheaton 1994). Stressful anticipation of police brutality was measured by the frequency of respondents’ worries about police brutality. Respondents were specifically asked how often they worry that they would be a victim of police maltreatment or brutality. Response categories were “never,” “sometimes,” and “always.”

We used self-reported race and ethnicity (Hispanic/Latinx or not) to create a combined race/ethnicity variable with ethnicity assigned first. Categories include non-Hispanic White, non-Hispanic Black/African American, Hispanic/Latinx, Native American, Asian, and other/multiple race. We included control variables in the data that are known to be associated with depression, anxiety, and police brutality. These covariates include age (18–24, 25–34, 35–44, 45–54, 55–64, and 65 years and older) (Bui et al. 2018; Miller et al. 2017) gender (male, female, and gender fluid) (Kahn et al. 2016; Mallory, Hasenbush, and Sears 2015; Nix et al. 2017), level of education (no high school; high school or GED; some college, associate degree, or vocational school; and bachelor’s degree or higher) (Bor et al. 2018; Bowleg et al. 2020; Fedina et al. 2018), work status (not in the labor force, unemployed or looking for work, employed part-time, and employed full-time) (Alang, McAlpine, and Hardeman 2020; Bowleg et al. 2020), as well as activity limitations (yes or no) and self-rated general health (excellent, very good, or good vs. fair or poor), both indicators of health status that are associated with exposure to police brutality and with mental health (Alang et al. forthcoming; McCauley 2017; Turner, Lloyd, and Taylor 2016).

Analyses

We performed a series of logistic models in which depressed mood and generalized anxiety were regressed on personal encounters with the police, controlling for sociodemographic characteristics and health status indicators. We also regressed our outcome variables on the frequency of worrying about police brutality: anticipation of police brutality, controlling for all covariates. We included interactions between police encounters and race/ethnicity and between anticipation of police brutality and race/ethnicity to assess whether race/ethnicity moderated the relationships between police encounters, anticipation of police brutality, and depression and anxiety. We computed predicted probabilities of depressed mood and generalized anxiety to further interpret associations with significant interactions effects.

Results

Characteristics of the sample are presented in Table 1. As shown, more than half of the respondents reported personally

Table 1. Descriptive Statistics by Exposure to Police Brutality.

No Negative Negative Encounter Negative Encounter

Encounter Necessary Not Necessary Total

(n = 1,892 [43.14%]) (n = 1,348 [30.73%]) (n = 1,146 [26.13%]) (n = 4,386)

%


n

%


n

%


n

%


n

Depressed mood

25.2

477

36.3

489

42.7

490

33.2

1,456

Generalized anxiety

25.4

482

37.4

504

42.0

482

33.4

1,468

Anticipation of police brutality

Never

78.3

1,414

63.3

852

40.3

462

63.5

2,728

Sometimes

17.1

309

25.9

349

41.7

478

26.4

1,136

Always

4.6

83

10.7

145

18.0

206

10.0

434

Total

100

1,806

100

1,346

100

1,146

100

4,298

Race and ethnicity

Non-Hispanic White

65.8

1,244

68.0

916

55.1

631

63.6

2,791

Non-Hispanic Black

13.3

251

11.8

159

18.6

213

14.2

623

Hispanic/Latinx

9.9

188

11.7

158

14.3

164

11.6

510

American Indian/Alaska Native

0.9

17

1.4

19

2.2

25

1.4

61

Asian

5.3

100

2.5

33

3.0

34

3.8

167

Other/multiple

4.9

92

4.7

63

6.9

79

5.3

234

Total

100

1,892

100

1,348

100

1,146

100

4,386

Age category (y)

18–24

19.9

377

16.6

224

21.2

243

19.24

844

25–34

24.3

460

29.8

402

30.45

349

27.61

1,211

35–44

17.9

338

23.7

319

22.77

261

20.93

918

45–54

12.8

243

15.0

202

13.61

156

13.7

601

55–64

11.3

213

9.1

122

8.81

101

9.94

436

65

13.8

261

5.9

79

3.14

36

8.57

376

Total

100.0

1,892

100.0

1,348

100

1,146

100

4,386

Gender Male

23.8

450

26.7

360

26.18

300

25.31

1,110

Female

73.7

1,394

70.6

951

69.46

796

71.61

3,141

Fluid

2.5

48

2.7

37

4.36

50

3.08

135

Total

100.0

1,892

100.0

1,348

100

1,146

100

4,386

Level of education No high school

5.9

112

7.0

94

8.73

100

6.98

306

High school or GED

25.1

475

22.1

298

29.23

335

25.26

1,108

Some college associate degree, technical/vocational school

41.1

777

50.4

679

45.03

516

44.96

1,972

Bachelor’s degree or higher

27.9

528

20.6

277

17.02

195

22.8

1,000

Total

100.0

1,892

100.0

1,348

100

1,146

100

4,386

Employment status

Not in the labor force

37.6

668

29.0

386

29.44

335

32.69

1,389

Unemployed, looking for work

13.2

234

9.9

132

13.8

157

12.31

523

Working part-time

14.3

254

16.5

220

16.78

191

15.65

665

Working full-time for pay

35.0

623

44.6

594

39.98

455

39.35

1,672

Total

100.0

1,779

100.0

1,332

100

1,138

100

4,249

Activity limitations

No

66.8

1,230

49.0

660

53.58

614

57.76

2,504

Yes

33.2

612

51.0

687

46.42

532

42.24

1,831

Total

100.0

1,842

100.0

1,347

100

1,146

100

4,335

Self-reported general health Excellent

15.2

286

15.1

204

11.69

134

14.25

624

Very good

30.0

566

26.7

360

24.35

279

27.52

1,205

Good

33.8

637

33.2

448

35.43

406

34.05

1,491

Fair

16.7

315

19.5

263

22.08

253

18.98

831

Poor

4.3

81

5.4

73

6.46

74

5.21

228

Total

100.0

1,885

100.0

1,348

100

1,146

100

4,379

Table 2. Bivariate Odds of Depressed Mood and Generalized Anxiety by Experiences of Police Brutality.

OR

Depressed Mood


p


SE

Generalized Anxiety

OR


p


SE

Personal encounter with police (reference: no negative encounter)

Negative necessary encounter 1.68 *** .13 1.74 ** .13

Negative unnecessary

Criminal homework help

2

Interviews & Interrogation

Interview Project

Transcript Template

Student Name: ________________________________

Interview type and interviewee selected: (E.g., Cognitive Interview with a cooperative crime witness; Good practice interview with child sexual abuse victim NICHD forensic structured protocol; Custodial suspect interrogation, etc.)

Specify here. _____________________________________

Interviewer = R

Interviewee = E

1R: Example: Hello, my name is xxxx. I am an investigator from XYZPD. I understand you witnessed a crime…

1E: Yes, I was a witness to a car theft. I saw…

2R:

2E:

3R:

3E:

4R:

4E:

5R:

5E:

6R:

6E:

7R:

7E:

8R:

8E:

9R:

9E:

10R:

10E:

Criminal homework help

RUNNING HEAD: HOW CRIMINOLOGY WITH GENDER INVOLVES INTERSECTIONALITY 2

HOW CRIMINOLOGY WITH GENDER INVOLVES INTERSECTIONALITY 2

How Criminology with Gender Involves Intersectionality

Name of Student

Course Name: Course Code

Professor’s Name

Institution of Affiliation

Date

Introduction

Intersectionality is a framework for analysing and understanding how people’s identities create different forms of discrimination and concession on social and political aspects (Crenshaw 1998). Every person has diverse ways of discriminating and oppressing others. Therefore we must acknowledge these disparities and initiate means to marginalise people on aspects of gender. Many women experience subordination, threats, and injustice because of their biological identities. Gender theory criminology sympathises that there is a substantial global gender gap. Findings in criminology suggest that women have a mean tendency to commit minor offenses and youthful delinquency than men. The disparity has historical traces from ancient times explained by gender-specific roles and socialisation backgrounds. This essay aims to explain the caprice of Intersectionality to analyse the debates on the contexts of criminology on gender. 

The notion of Intersectionality has gained global scholarly interest across gender and the administration of justice. Intersectionality aims to demonstrate how various systems harmoniously work in coordination with gender in shaping the experiences of others. Diverse theories in crime struggle to explain gender disparities in offense while ignoring the role of Intersectionality Majority of criminological literature has incorporated the aspect of gender towards criminological practices. Various research suggests that men have a high potentiality of committing a more conventional and vigorous crime than women (Bernie 1995). Fundamental research in criminology by various scholars focuses on the relationship between gender and crime, overlooking how the Intersectionality of gender impacts deviant characteristics. The components of Intersectionality postulate that these behaviors indicate the overreaching factors that contribute to personal experiences. 

While transgression against the law is shared among all people, gender issues in criminology have significantly increased. Therefore primary research emphasises the need to integrate intersectionality in debating potentialities of offending. There has been difficulty in deciphering impacts that compel crime in gender since the effects are intersection on both males and females. Research on an attempt to determine the role of gender in judicial discretion in various courts posits that the existence of feminine voice positions women to solve interruptions due to concepts in social and moral reality. Both male and female lawyers have a variation on addressing issues before the court trials. While women judges are likely to issue their adjudication on the side of their prosecutors, male judges have the potentiality of siding with the defense. As women can include procedures in their judicial styles, men can employ both bilateral; and authoritative styles. However, both male and female judges portrayed voices of masculinity and feminity.

    Gender equality is a natural face for justice. Many societies posit mean value for women’s rights while majoring in the superiority of male domination. 

About 1 million women involved in criminal justice are jailed, representing about 20% of women word wide (Minton et al. 2015). In the past years, the rate of incarcerated women has massively increased, outpacing the number of men who are believed to commit crime more possibly. While focusing on women on probation, issues on health and health care approaches for women put them at risk. According to research, paroled women tend to engage in prostitution that risks contracting STIs such as syphilis, HIV/AIDS, and other viruses that cause cervical cancer. Women who have a preexisting history of mental unstableness can be traumatised by diverse instances while in jail to develop suicidal ideas. Women with pregnancy in prison have intensified the need to access holistic health approaches that many incarceration institutions ignore. 

Feminist criminology established the need to consider gender to understand the need for justice as far as women are concerned. The Race-neutral movement in gender criticises that black women have been incarcerated massively at high rates compared to indigenous women within the European continent (Richie 2012). Universal studies show that women diagnose mental and physical disabilities, sexual mistreatment, addiction, and violent experience. Many injustice women have limited capacity to ascertain health care and practices while on probation due to structural barriers. Intersectional perspective facilitates the identification of underlying structure and represents factors barring women from receiving health services while under incarceration inflicted by the nation. Feminists have invented initiatives to protect women’s rights in access to health in jail.. 

   Although discrimination of incarcerated women has become rampant, intersectionality perspective serves to resolve and uncover populated sub-women, health interruption, and struggle to alleviate the barriers that constrain access to health in control institutions. The perspectives bring about insight to criticise and correct scholarly knowledge that inflicts and normalises harmful behavior towards women. Embracing the aspects under intersectionality could shed light on health barriers that cause mistreatment among sub-populated women. Older women have unique health challenges that are a great challenge to health providers in prisons, such as chronic mental and physical health issues. They experience uncaring attitudes from other juvenile incarcerations and other health providers as well. There is a need to restructure and change the procedures in prisons to ascertain the wellbeing for successful aging amongst the old in prisons. 

    Women who are sexually mistreated and physically abused have the potentialities of becoming mentally ill due to the embarrassment. Employing the intersection concept helps in identifying the vulnerable women who are involved in justice. Sexual orientation and racial origin have significantly raised the rates of sexual victimisation among women. High rates of victimisation among bisexuals and gays have a core origin from the settings within prisons (Hansley et al. 2003). Therefore, there is a need to focus on extensive research on causes of sexual assault among jailed women to dominantly take control and curb the spread of sexual diseases and unwanted pregnancy that result in abortion and death within prisons. 

     Intersectionality focuses on the structural factors related to access to justice that subordinate women’s power to access health while incarcerated. By using the notion of intersectionality, the Co-Payment initiative has massively impacted US prisoners’ access to health costs. The Co-Payment approach has significantly combated the constraints faced by the elderly prisoners to access health due to financial capabilities. Correlational mental health measures have assisted in understanding the cause and segregating unjust women’s injustice-associated cases from those who have political affluence. Mothers under incarceration are at risk since they are uncaring and cannot offer their siblings all the necessities. Such women are forced to undertake medical sterilisation for their failure to serve as responsible mothers (Ocen 2013). Programs that foster platforms to investigate the offenders’ personalities help address women’s unstable mental nature and develop a responsive program that manages discipline and regulating powers in prisons. 

    In conclusion, intersectionality is a perspective that facilitates understanding the individual disparities in discrimination and holistically helps to understand the role of gender injustice. While men have high potentialities to commit the crime, women commit less crime. Gender as an issue in criminology intersectionality helps develop means that can remedy subpopulations facing women under incarceration. The elderly age prisoners have a high risk of facing health risks due to consistent undesirable mental behavior. Criminology feminists need to overlook means that can ascertain the wellbeing of women within prisons. Thus, intersectionality has critical accounts on the livelihood of female criminals. 

References

Atkinson, D. N. Sherman Minton: 1949–1956. The Supreme Court Justices: Illustrated Biographies, 1789–2012, 394–398. http://doi.org/10.4135/9781452235356.n87

Bernie. (1995). Statistical discrepancy in the commission of crime between men and women. Theoretical Criminology, 407–407. http://doi.org/10.4324/9781843140528-49

Crenshaw, K. W. (2006). Intersectionality, Identity Politics and Violence Against Women of Color. Kvinder, Køn & Forskning, (2-3). http://doi.org/10.7146/kkf.v0i2-3.28090

Ocen. Sterilization of Women: Ethical Issues and Considerations. Retrieved November 19, 2021, from https://www.acog.org/clinical/clinical-guidance/committee-opinion/articles/2017/04/sterilization-of-women-ethical-issues-and-considerations

Richie. Violence Against Women Criminalized Black Women s © The … Retrieved November 19, 2021, from https://journals.sagepub.com/doi/pdf/10.1177/10778012211035791

Tobar-Santamaria, A., Kiefer, R., Godin, J., Contractor, A. A., & Weiss, N. H. Sexual victimization and disordered eating among community individuals: The influence of negative and positive emotion dysregulation. Retrieved November 19, 2021, from https://digitalcommons.uri.edu/psy_facpubs/881/

Criminal homework help

The final research paper should address an administrative issue in policing, courts, corrections, or probation/parole.

Follow the required outline for the final research paper:
1. Introduction – what is the theory or thesis and what is the importance of this topic?
2. Review of the relevant literature of the topic.
3. What are the relevant issues and what is/are the logical, evidence-based conclusions you can draw?
4. Recommendations for change?

The paper should contain a minimum of 2500 words (not including the title page and reference page), one-inch margins, double-spaced and composed using the Times New Roman 12-point format. The final paper should include a minimum of 10 outside references/sources, in-text citations and be written in APA 7th edition format. 

Criminal homework help

4 different questions. It does NOT have to be in essay form.

QUESTION 1

1. Explain how victims respond in each of the three stages of crisis.

Your response must be at least 200 words in length.

QUESTION 2

1. Explain the symptoms of post-traumatic stress disorder (PTSD).

Your response must be at least 200 words in length.

QUESTION 3

1. What characteristics of a presenter are essential to effective public speaking? When might victim services providers be called on to make presentations?

Your response must be at least 200 words in length.

QUESTION 4

1. What are the differences between the four classifications of physical injury?

Your response must be at least 200 words in length.

Criminal homework help

Savannah Gatling

Research Paper

My Research interest I would like to write about would be depression in black male between the ages 15-19. depression is depicted as a typical and genuine mind-set problem that outcomes in persevering sensations of trouble and misery, just as a deficiency of interest in exercises that one once appreciated. Extra side effects of sadness incorporate weight changes, trouble dozing, loss of energy, trouble thinking or focusing, sensations of uselessness or extreme culpability, and suicidality. While discouragement results from a complicated connection of mental, social, and natural variables studies have shown that expanded pressure brought about by school can be a critical supporter of understudy despondency.

Criminal homework help

LAST NAME: 3

Student Name ( )

Professor Name ( )

Emerson’s “Self-Reliance.”

“Self-Reliance” takes after “History” so that an adjusted and independent unit can make out of these two. Flourishing with short maxims, the exposition starts with an exhortation to have faith in the genuine self, which is considered indistinguishable with the Universal Spirit: “Trust thyself: each heart vibrates to that iron string.” Emerson then holds earliest stages, which is positively appeared differently about adulthood, as a model for one to follow in the development of a soul of freedom or individuality.

In “Self-Reliance,” an essay by Ralph Waldo Emerson, he states, “There is a period in each man’s instruction when he touches base at the conviction that jealousy is obliviousness.A significant part of the central purpose of Ralph Waldo Emerson’s “Self-Reliance” concentrates on the significance of staying consistent with one’s intimate nature and dismissing societal weights to conform.“Ralph Waldo Emerson’s paper “Self-Reliance” is a piece of the canon of American scholarly history. It is something of an issue, after, as a set up some portion of American academic history, there is a propensity to give the exposition conventional power. “Self-Reliance,” be that as it may, flouts such power.

“American Literature” has been characterized all the more precisely and has been laid out in courses and exemplified in collections. Most men agree that it is something very different from English writing, and numerous have tried to portray the distinction American literature has contrasted from English because of the consistent and omnipresent impact of the American dream upon it. The American Literary Canon involves literary classics of art which reflect American culture and composed by prominent American creators. It may not be feasible for everyone of the researchers to concur upon the incorporation of works in an artistic group and in that capacity no abstract authority gun can be built up. Be that as it may, all the same, various abstract works of art have a general advance and reflect American culture and history (Rowe).

“Self-Reliance” requires one to go up against fitting in with nonconformity. Understudies will naturally view Emerson as one of the names and traditions on whom Emerson himself needs you not to depend on. What takes after is a clarification of the irregularity that outcomes if we build up the insurrectionary Emerson as an illuminating presence in the American philosophical foundation. This issue exemplified, I accept, in a charming however misinformed 1951 instructive short called “Creating Self-Reliance” that serves as a decent thwart for showing a portion of the issues that come when one tries to show individuals non-congruity in a copy-cat world. This issue – that of building up the disorderly Emerson as an illuminator in the American philosophical foundation – is small compared and a more troublesome, more down to earth issue that accompanies educating (Lovalerie King).

The literary canon of a nation or a gathering of individuals has involved an assemblage of works that profoundly esteemed by researchers and others due to their tasteful quality and because they exemplify the social and political estimations of that society. Works having a place with the standard get to standardized after some time by reliably being taught in the schools as the central subjects for literary study. The procedure of canon development and advancement is affected by the social and historical change, and the English and American canons have routinely experienced amendment consistently. In the twentieth century, American artistic canon has not been forever settled, a range of sentiment has steadily developed. Some traditionalist researchers demand that the works of art of English and American writing taught following the start of the nineteenth century must stay at the center of the ordinance since they speak to the thought of convention. These critics would reject non-canonical chips away at the premise that they are negligible and don’t speak to the best little accomplishment of the way of life.

For his canon of American writing, Lewisohn dismisses much furthermore, endorsed little. An unsettling force of expression was, expectably, his impressionistic foundation of workmanship, however, he was as incompetent as the majority of the scholarly students of history before him to clarify how that power or energy happened in the artistic demonstration. Now and again, he coolly required “structure with substance” in the work he referred to on the other hand cited. Some of his authoritative judgments: Emerson’s “Self- Reliance” was the “most growing archive in the present day writing”.To read the political measurements of American writing, we may, naturally, just reject Emersonianism and the custom it has constructed.Another approach to approach the issue would be to recognize just those visual impairment and impediments in Emerson’s treatment of cement political issues. Surveying other exemplary American abstract creators as far as the degrees to which they overcome or duplicate such constraints will empower the commentator to build another ‘classic” American writing without definitely subscribing to the estimations of Emersonianism (Fite).

References

Fite, David. Harold Bloom: The Rhetoric of Romantic Vision. Univ of Massachusetts Press, 2009.

Lovalerie King, Shirley Moody-Turner. Contemporary African American Literature: The Living Canon. Indiana University Press, 2013.

Rowe, John Carlos. At Emerson’s Tomb: The Politics of Classic American Literature. Columbia University Press, 1997.


Criminal homework help

Discussion board 5

An original 1500-word response to the discussion board assignment

There are a plethora of leadership styles that can be utilized in the criminal justice system.  Objectively assess what kind of leadership style you feel would be the most effective as an administrator in your organization.  Expound on possible advantages and disadvantages of that particular style. (This information can be found in Chapter 2 Organization and Administration). 

Be sure to cite all sources in APA 7th edition and to meet the minimum required word count for discussion board postings (see course syllabus).

Criminal homework help

CCJ 323 JUVENILE DELINQUENCY REVIEW SHEET FOR RESEARCH PAPER STUDENT:_________________________

EVALUATION ELEMENTS

Yes/

No

Weight

Points Taken

Score

NOTES

SUBMITTED ON-TIME

N/A

ELEMENTS OF PAPER (Title Page, Abstract, References, Length)

5

CONTENT OF PAPER

X

X

X

X

X

Introduction: Defines the problem, provides size and scope of inquiry, sets up body of text for reader

15

Empirical Research: Provides insight into history, developments, concerns and complications of topic; organizes and summarizes relevant empirical research to show depth of comprehension

40

Recommendations/Conclusions: Provides clear, direct, actionable suggestions for change by law enforcement, criminologists, law makers, and/or public; recommendations draw directly from prior sections

30

Organization/Clarity/Spelling & Grammar


10

COMPOSITE SCORE

100

David Abeling-Judge, Ph.D., Assistant Professor of Criminology and Criminal Justice Sciences

Criminal homework help

CCJ 330 CRIMINOLOGY REVIEW SHEET FOR RESEARCH PAPER STUDENT:_______________________________

EVALUATION ELEMENTS

Yes/

No

Weight

Points Taken

Score

NOTES

SUBMITTED ON-TIME

N/A

ELEMENTS OF PAPER (Title Page, References, Length)

5

CONTENT OF PAPER

X

X

X

X

X

Introduction: Defines type of crime in specific context, sets up body of text for reader

5

Comprehension: Provides insight into patterns of activity through at least one valid measurement tool

10

Theories: Paper identifies and correctly explains two relevant criminological theories

5

Connection: Paper logically and clearly connects theories to crime focus; includes empirically validated support from two sources for each theory

25

Comparison: Paper logically compares theories against each other in applied context; author demonstrates comprehension of distinct value of theories, identifies contextually stronger theory

25

Recommendations/Conclusions: Provides insightful thought for law enforcement, criminologists, and/or public at large on how to consider topic; recommendations draw directly from prior sections

15

Organization/Clarity/Spelling & Grammar

10

COMPOSITE SCORE

100

David Abeling-Judge, Assistant Professor of Criminology and Criminal Justice Sciences

Criminal homework help

Due Date: 11:59 pm EST Wednesday of Unit 8
Points: 100

Overview:

Throughout the course, you have been working on a criminal theories course project.
Reflecting on your experience, feedback received, and your exploration of ideas leading
to the submission of your research project, you will conclude your course experience
with an 8-10 minute PowerPoint presentation.

Instructions:

For this assignment, you will create a PowerPoint presentation based on your course
project. Your PowerPoint must include:

• You will add voice narration to your slide deck.
o At least one minute of talking points for each content-related slide.

• Minimum of 10 slides in total.
o Title slide
o Content (8 slides)
o Reference slide

• Speaker’s notes on each slide to guide your presentation.
• Don’t overload your slides with text or read directly from your content slides.

Uses bulleted lists, images, etc.

Requirements:

• PowerPoint Length: 10 slides in total: one title and reference slide, eight content
slides.

• At least 10 minutes long, no more than 12 minutes.

Be sure to read the criteria below by which your work will be evaluated before
you write and again after you write.

CRJ404 – Theoretical Criminology

Unit 8 Assignment: Project PowerPoint Presentation

Evaluation Rubric for Unit 2 Assignment

CRITERIA Deficient Needs Improvement Proficient Exemplary

0-10 points 11-14 points 15-17 points 18 points

Content The slides do not
address elements of
the project in any
meaningful
way. There is little to
no evidence of
critical thinking and
research.

The slides minimally
address elements of
the project in a
meaningful
way. There is some
evidence of critical
thinking and
research.

The slides mostly
address all elements
of the project in a
clear manner. There
is some evidence of
critical thinking and
research.

The slides clearly
address all elements
of the project in a
thorough and detailed
manner. There is
evidence of critical
thinking and research.

Overall
Organization

There is no
consistent or logical
flow to the
information or
presentation.

There is some
consistency or logical
flow to the
information or
presentation.

The slides present
information in a
logical sequence
which the audience
can follow but may
need to improve flow
from one topic to the
other.

The slides present
information in a
logical, interesting
sequence which the
audience can
follow. Topics flow
from one to the other
with appropriate
transitions.

Audio
Narrative/Notes
Section

The audio narrative
not included or
inaudible in the
presentation/ Notes
section was
scarce/empty;
directly copied and
pasted from paper.

The audio narrative is
not consistently
audible in the
presentation/ Notes
section was not
robust; directly
copied and pasted
from paper.

The audio narrative is
audible/Notes section
contains supporting
notes with few
omissions and
research.

The audio narrative is
audible and clear. The
notes section is
complete with robust
and meaningful
supporting notes and
research.

Professionalism Overall, the slides
and supporting
notes are not
presented in a clear,
succinct
manner. Slides may
be packed full or
missing information.

Overall, the slides
and supporting notes
are presented. Some
slides may be packed
full or missing
information.

Overall, the slides
and supporting notes
are good and
presented in a
somewhat
professional manner
but may lack details
or clarity.

Overall, the slides and
supporting notes are
professional and
presented in a
succinct and effective
manner.

Review and
Responses

Does not sufficiently
review classmates’
presentations;
required
components
missing.

Reviewed one
classmates’
presentation and
stated what they
found most
interesting, new
knowledge they
gained, and a
question to be further
informed, but may
lack detail or clarity.

Reviewed at least
two classmates’
presentations and
stated what they
found most
interesting, new
knowledge they
gained, and a
question to be further
informed, but may
lack detail or clarity.

Reviewed at least two
classmates’
presentations and
stated what they found
most interesting, new
knowledge they
gained, and a question
to be further
informed. Provided
complete answers to
classmates’
questions.

CRITERIA Deficient Needs Improvement Proficient Exemplary

0-5 points 6-7 points 8-9 points 10 points
Clear and
Professional
Writing and APA
Format

The slides have
errors that impede
professional
presentation; APA
guidelines are not
followed.

The slides exhibit a
basic use of
grammatical
elements and APA
citation methods.

The slides exhibit
skilled use of
grammatical
elements and APA
citation methods.

The slides exhibit
skilled use of
grammatical elements
and APA citation
methods.

  • Overview:
  • Instructions:
  • Requirements:
  • Evaluation Rubric for Unit 2 Assignment

Criminal homework help

Research Methods in Criminal Justice

Spring 2022


Poster Assignment

This assignment is an exercise in creating a viable research study on a criminal justice topic of your choosing. Your research design will turned in the final week of class. The final poster will be worth 100 points.

You will also turn in components of your research poster over the course of the semester so you can get ongoing feedback from me. These individual components are worth a total of 160 points and will be dur throughout the semester.

Poster Component

Points

Due Date

Research Topic

10 points

Research Question

25 points

Annotated Reference List for Introduction

50 points

Method Draft

50 points

Abstract Draft

25 points

Total

160 points

Final Poster

200 points

Late assignments will result in an automatic deduction of half a letter grade in addition to any penalties from the rubric.

First, you will choose a topic of interest within the criminal justice field, you can gather some ideas by searching google scholar or relying on prior knowledge of topics of interest from your other criminal justice classes. Write down a couple ideas and come up with a research question(s) based on a specific topic. Please feel free to run any ideas by me.

Second, Poster Information:

For your poster presentations, you are to select a research question related to the broader criminal justice world, focusing on an area that you can ask a research question, identify a design you would use to answer the question, how you would operationalize and measure

the data, what collection techniques you would use, as well as synthesize relevant prior literature relating to your topic in a brief background, and then propose sampling techniques

to explore your topic. You could, for instance, propose to investigate why police use body cameras. You would be required to specify why you would suggest this, how you would design a study to answer your proposed research question, who you would recruit to participate and
what methods you would use to conduct this research.

Below you will find a detailed poster presentation information that should guide you as you compose your poster. Your final product will be a saved PDF of what a printed-out poster would look like and be formatted accordingly. Your final posters must include appropriate

in-text citations and a references section that each conform to APA regulations. You are to have between 4 and 5 peer-reviewed and published sources cited within your final poster.

Overview:

All posters will end up being a PowerPoint document which can be saved as a .PPT or .pdf for the final upload. Two templates are provided in Canvas, with additional templates available via google, should you choose. Search for “academic research poster.”

Poster Purpose:

This poster is a graphic display of the work you will complete, it is a representation of your research. To make your poster strong, do not try to add too much information or a variety of topics, it is best to make just one point. Part of the requirements is to identify a research question of interesting to you and build a feasible research design around this topic. I recommend sticking to one or two simple and related questions and not trying to tackle all the questions that you may have on your topic.

Required Sections:

1. Title

2. Abstract

3. Introduction

· This is where your peer-reviewed sources will go, this should read like a brief literature review of what has already been done and what problem you are suggesting to study.

4. Research Question(s)

5. Methods Section

· Setting – Where will you conduct your proposed study OR if the data already exists – What setting did this data come from?

· Sample – Who will take part in your study? How many participants?

· Materials/Measures – How will you operationalize and measure your variables?

· What is your independent and dependent variables?

· What research design will you be using (e.g., experiment, quasi-experiment, qualitative, etc.)?

6. Data Collection Methods Section

· How will you collect the data?

· How will you recruit participants?

· Sampling methods (e.g., random assignment, purposive)?

· Will participants be compensated?

· What kind of method will you use to collect the data (e.g., surveys, interviews, observations, administrative data)?

7. Implications/Conclusion

· If you were to actually do this study, what would you hope to conclude?

· What are the implications from this study? Why is answering your research question important? What can results tell us?

8. References

· 4 to 5 peer reviewed references in APA format are required for this project

Font Size Suggestions:

Title= 100pt, bold

Section Headings= 48pt, bold

Body Text=28pt

Captions=24pt

Reference Section= 16pt

Writing Style:

Your entire poster should follow APA guidelines, including the reference section. You do not need to use full sentences if you are bulleting items, but please remember this is an academic representation of your work and sloppy or messy work will be a poor reflection of your research.

IMPORTANT:

· Your assignment must be in a PowerPoint document formatted using one of the provided templates. You can find the templates on the Poster Assignment under “Assignments”. Points will be deducted for not following these directions.

· In-text citations must be in APA format. If you have citations, but they are not in APA format, points will be deducted (see rubric below).

· Directions for APA formatting and citing lecture notes can be found below:

· In-text citations in APA: https://owl.english.purdue.edu/owl/resource/560/03/

· How to cite lecture notes in APA:
http://library.canterbury.ac.nz/services/ref/apa/lecture.shtml

Criminal homework help

330 Hudson Street, NY, NY 10013

Frank Schmalleger, Ph.D.
Distinguished Professor Emeritus
The University of North Carolina at Pembroke

Criminal Justice
A Brief Introduction

Twelfth Edition

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Library of Congress Cataloging-in-Publication Data

Names: Schmalleger, Frank, author.
Title: Criminal justice : A Brief Introduction / Frank Schmalleger, Ph.D.,

Distinguished Professor Emeritus, The University of North Carolina at
Pembroke.

Description: 12th edition. | Boston : Pearson, [2018] | Includes index.
Identifiers: LCCN 2016030348 | ISBN 9780134548623 | ISBN 0134548620
Subjects: LCSH: Criminal justice, Administration of–United States. |

Crime–United States. | Law enforcement–United States.
Classification: LCC HV9950 .S34 2018 | DDC 364.973–dc23 LC record available at https://lccn.loc.gov/2016030348

ISBN10: 0-13-454862-0
ISBN 13: 978-0-13-454862-3

SVE ISBN-10: 0-13-455978-9
ISBN-13: 978-0-13-455978-0

For Ava, Malia, Michelle, and Nicole

Part 1 Crime in America
Chapter 1 What Is Criminal Justice? 1

Chapter 2 The Crime Picture 22

Chapter 3 Criminal Law 61

Part 2 Policing
Chapter 4 Policing: Purpose and

Organization 90

Chapter 5 Policing: Legal Aspects 125

Chapter 6 Policing: Issues and Challenges 170

Part 3 Adjudication
Chapter 7 The Courts 212

Chapter 8 The Courtroom Work Group and the
Criminal Trial 236

Chapter 9 Sentencing 271

Part 4 Corrections
Chapter 10 Probation, Parole, and Community

Corrections 315

Chapter 11 Prisons and Jails 344

Chapter 12 Prison Life 376

Part 5 The Juvenile Justice System
Chapter 13 Juvenile Justice 414

iii

Brief Contents

This page intentionally left blank

Preface xv
Acknowledgments xxii
About the Author xxiii

Part 1 Crime in America
Chapter 1 What Is Criminal Justice? 1

Introduction 2

A Brief History of Crime in America 3

The Theme of This Book 6

Freedom or Safety? You Decide. Clarence Thomas Says: “Freedom Means
Responsibility” 7

Criminal Justice and Basic Fairness 8

American Criminal Justice: System and Functions 10

The Consensus Model 10

CJ News Surveillance Technology Has Been Blanketing the
Nation Since 9/11 11

The Conflict Model 12

American Criminal Justice: The Process 12

Due Process and Individual Rights 13

The Role of the Courts in Defining Rights 13

The Ultimate Goal: Crime Control through Due Process 14

CJ Exhibit Sentinel Events 15

Evidence-Based Practice in Criminal Justice 15

The Start of Academic Criminal Justice 16

Multiculturalism and Diversity in Criminal Justice 16

PaYiNg For it Cost-Efficient Criminal Justice 17

CJ Careers Careers in Criminal Justice 18

Summary 20

Questions for Review 21

Chapter 2 The Crime Picture 22
Introduction 23

Crime Data and Social Policy 23

The Collection of Crime Data 24

The UCR/NIBRS Program 24

Development of the UCR Program 24

The National Incident-Based Reporting System 26

Historical Trends 27

UCR/NIBRS in Transition 30

Part I Offenses 31

Freedom or Safety? You Decide. A Dress Code for Bank Customers? 32

CJ News “Flash Robs”: A Social Media Phenomenon 37

CJ issues Race and the Criminal Justice System 39
Part II Offenses 42

Contents

v

The National Crime Victimization Survey 42

Freedom or Safety? You Decide. Can Citizens Have Too Much Privacy? 43
Comparisons of the UCR and the NCVS 45

Special Categories of Crime 46

Crime against Women 47

Crime against the Elderly 48

Hate Crime 49

Corporate and White-Collar Crime 50

Organized Crime 51

Gun Crime 52

Drug Crime 54

Cybercrime 55

Terrorism 57

CJ Exhibit 2–1 What Is Terrorist Activity? 58
Crime in International Context 59

Summary 60

Questions for Review 60

Chapter 3 Criminal Law 61
Introduction 62

The Nature and Purpose of Law 62

The Rule of Law 63

Types of Law 64

Criminal Law 64

Statutory Law 64

Civil Law 65

Administrative Law 66

Case Law 66

General Categories of Crime 66

Felonies 66

Misdemeanors 66

Infractions 67

Treason 67

Espionage 67

Freedom or Safety? You Decide. Should Violent Speech Be Free Speech? 68
Inchoate Offenses 68

General Features of Crime 69

The Criminal Act (Actus Reus) 69

A Guilty Mind (Mens Rea) 70

Concurrence 72

Other Features of Crime 72

Elements of a Specific Criminal Offense 73

The Example of Murder 74

The Corpus Delicti of a Crime 75

Types of Defenses to a Criminal Charge 76

Multiculturalism and Diversity Islamic Law 77
Alibi 78

Justifications 78

Excuses 80

Procedural Defenses 86

Summary 88

Questions for Review 89

vi Contents

Part 2 Policing
Chapter 4 Policing: Purpose and Organization 90

Introduction 91

The Police Mission 91

Enforcing the Law 91

Apprehending Offenders 92

Preventing Crime 92

Preserving the Peace 95

Providing Services 95

American Policing Today: From the Federal to the Local Level 96

Federal Agencies 96

Ethics and Professionalism The FBI Oath 99

State Agencies 99

PaYiNg For it Policing in an Economic Downturn 100

Local Agencies 101

CJ News The Use of Social Media in Policing 102

Fusion Centers 104

Private Protective Services 105

International Police Agencies 106

Police Administration 108

CJ Careers Security Professional 109

Police Organization and Structure 109

Chain of Command 110

Policing Epochs and Styles 111

Policing Epochs 111

The Watchman Style of Policing 112

Freedom or Safety? You Decide. Liberty Is a Double-Edged Sword 112

The Legalistic Style of Policing 113

The Service Style of Policing 113

Police–Community Relations 113

Freedom or Safety? You Decide. Watch Out: You’re on Camera! 114

Team Policing 115

Community Policing 115

CJ Exhibit 4–1 The President’s Task Force on 21st Century Policing 118

Evidence-Based Policing 119

The Kansas City Experiment 119

Evidence-Based Policing Today 121

Discretion and the Individual Officer 122

Summary 123

Questions for Review 124

Chapter 5 Policing: Legal Aspects 125
Introduction 126

The Abuse of Police Power 126

A Changing Legal Climate 127

Individual Rights 128

Checks and Balances 128

Due-Process Requirements 128

viiContents

Search and Seizure 129

The Exclusionary Rule 129

Judicial Philosophy and the U.S. Supreme Court 133

CJ Exhibit 5–1 Plain-View Requirements 138

CJ Careers Patrol Officer 140

Detention and Arrest 140

CJ News Supreme Court Says Police Need Warrant for GPS Tracking 142

Searches Incident to Arrest 143

CJ News Supreme Court Says Police Need Warrants Before Searching Cell
Phones 146

Emergency Searches of Persons 146

Vehicle Searches 147

Freedom or Safety? You Decide. Religion and Public Safety 149

Suspicionless Searches 151

High-Technology Searches 152

The Intelligence Function 153

Informants 153

Police Interrogation 154

The Right to a Lawyer at Interrogation 157

Suspect Rights: The Miranda Decision 157

CJ Exhibit 5–2 The Miranda Warnings 158

Gathering of Special Kinds of Nontestimonial Evidence 162

Freedom or Safety? You Decide. Policing in the Age of Social Media 163

Electronic Eavesdropping 164

CJ Exhibit 5–3 The USA PATRIOT Act of 2001 and the USA PATRIOT
Improvement and Reauthorization Act of 2005 167

Summary 169

Questions for Review 169

Chapter 6 Policing: Issues and Challenges 170
Introduction 171

Police Personality and Culture 171

Corruption and Integrity 172

CJ issues Rightful Policing 173
Money—The Root of Police Evil? 176

Building Police Integrity 177

Ethics and Professionalism The Law Enforcement Oath of Honor 178
Drug Testing of Police Employees 178

The Dangers of Police Work 179

Violence in the Line of Duty 179

CJ News DNA Sampling Solves Some of the Toughest Cases 180

Risk of Disease and Infected Evidence 180

Stress and Fatigue among Police Officers 182

CJ Careers Police Officer 184

CJ issues The Use of Social Media in Policing 185

Terrorism’s Impact on Policing 186

The FBI’s Joint Terrorism Task Forces 188

Intelligence-Led Policing and Antiterrorism 188

Information Sharing and Antiterrorism 189

PaYiNg For it Cost-Efficient Policing 190

viii Contents

Police Civil Liability 190

Common Sources of Civil Suits 191

Federal Lawsuits 192

CJ News Is the Video Recording of Police Activity in a Public Place
Legal? 194

Racial Profiling and Biased Policing 195

Racial Profiling 195

Freedom or Safety? You Decide. Was the NYPD’s Monitoring of Muslim Groups a
Form of Religious Profiling? 197

Racially Biased Policing 198

Police Use of Force 199

Deadly Force 200

CJ Exhibit 6–1 Taking Policing to a Higher Standard 201

Less-Lethal Weapons 203

Professionalism and Ethics 204

Ethics and Professionalism The Law Enforcement Code of Ethics 204

Education and Training 205

Recruitment and Selection 206

Ethnic and Gender Diversity in Policing 207

Multiculturalism and Diversity Investigating Crime in a Multicultural
Setting 208

Women as Effective Police Officers 209

Summary 210

Questions for Review 211

Part 3 Adjudication
Chapter 7 The Courts 212

Introduction 213

History and Structure of the American Court System 213

The State Court System 214

The Development of State Courts 214

State Court Systems Today 215

CJ News State Budget Cuts Wreak Havoc on the Courts 216

The Federal Court System 220

U.S. District Courts 220

U.S. Courts of Appeal 221

The U.S. Supreme Court 222

PaYiNg For it Cost-Efficient Courts 224

Pretrial Activities 224

The First Appearance 224

CJ Careers Surety Agent 226

Multiculturalism and Diversity The International Criminal Court 228

CJ Exhibit 7–1 Nonjudicial Pretrial Release Decisions 230

The Grand Jury 232

The Preliminary Hearing 232

Arraignment and the Plea 233

Plea Bargaining 233

ixContents

Summary 235

Questions for Review 235

Chapter 8 The Courtroom Work Group and the
Criminal Trial 236

Introduction 237

The Courtroom Work Group: Professional Courtroom Actors 237

The Judge 239

The Prosecuting Attorney 240

CJ Careers Assistant District Attorney 241
The Defense Counsel 243

Ethics and Professionalism The American Bar Association’s Model Rules of
Professional Conduct 248

The Bailiff 248

Trial Court Administrators 248

The Court Reporter 249

The Clerk of Court 249

Expert Witnesses 249

Outsiders: Nonprofessional Courtroom Participants 250

Lay Witnesses 250

Jurors 251

The Victim 252

The Defendant 253

Spectators and the Press 253

The Criminal Trial 254

Procedure 254

PaYiNg For it Cost-Efficient Courts 255
Nature and Purpose of the Criminal Trial 255

Stages in a Criminal Trial 257

Trial Initiation 258

Jury Selection 259

Opening Statements 261

Presentation of Evidence 262

CJ Exhibit 8–1 Pretrial and Post-Trial Motions 264
Closing Arguments 266

Judge’s Charge to the Jury 266

Jury Deliberations and the Verdict 267

CJ News Social Media Pose New Threats During Criminal Trials 268
Multiculturalism and Diversity The Bilingual Courtroom 269
Summary 270

Questions for Review 270

Chapter 9 Sentencing 271
Introduction 272

The Philosophy and Goals of Criminal Sentencing 272

Retribution 273

Incapacitation 274

Deterrence 274

Rehabilitation 274

Restoration 275

x Contents

Indeterminate Sentencing 276

Explanation of Indeterminate Sentencing 276

Critiques of Indeterminate Sentencing 276

Structured Sentencing 277

CJ Exhibit 9–1 Aggravating and Mitigating Circumstances 279

Federal Sentencing Guidelines 279

The Legal Environment of Structured Sentencing 281

Three-Strikes Laws 283

Mandatory Sentencing 284

CJ Careers Medicolegal Death Investigator 285

Sentencing and Today’s Prison Crisis 286

Innovations in Sentencing 287

Questions about Alternative Sanctions 288

The Presentence Investigation 288

The Victim—Forgotten No Longer 290

Victims’ Rights 290

CJ Exhibit 9–2 Victims’ Rights in California 291

Freedom or Safety? You Decide. To What Degree Should the Personal Values of
Workers in the Criminal Justice System Influence Job Performance? 292

Victim-Impact Statements 293

Modern Sentencing Options 293

Sentencing Rationales 293

Sentencing Practices 294

Fines 294

PaYiNg For it Cost-Efficient Corrections and Sentencing 296

Death: The Ultimate Sanction 296

Habeas Corpus Review 298

Opposition to Capital Punishment 299

CJ News Death-Row Exonerations Based on DNA Expose Flaws in Legal
System 305

Justifications for Capital Punishment 306

The Courts and the Death Penalty 306

CJ News High Costs Lead to Reconsideration of Death Penalty 308

Freedom or Safety? You Decide. What Are the Limits of Genetic Privacy? 311

The Future of the Death Penalty 312

Summary 313

Questions for Review 314

Part 4 Corrections
Chapter 10 Probation, Parole, and Community

Corrections 315
Introduction 316

What Is Probation? 316

The Extent of Probation 316

Probation Conditions 317

The Federal Probation System 318

Multiculturalism and Diversity Culturally Skilled Probation Officers 319

xiContents

Freedom or Safety? You Decide. Probation Condition: Do Not Get Pregnant 319

What Is Parole? 320

The Extent of Parole 321

Parole Conditions 322

Federal Parole 322

Probation and Parole: The Pluses and Minuses 323

Advantages of Probation and Parole 323

Disadvantages of Probation and Parole 324

Freedom or Safety? You Decide. Should DNA Links to Unsolved Cases Be Used
to Deny Parole? 325

The Legal Environment 325

The Job of Probation and Parole Officers 327

Job Descriptions 327

PaYiNg For it Cost-Efficient Parole 328

The Challenges of the Job 328

CJ Careers Probation Officer 329

Intermediate Sanctions 330

Split Sentencing 331

Shock Probation and Shock Parole 331

Shock Incarceration 331

Ethics and Professionalism American Probation and Parole Association Code
of Ethics 332

Mixed Sentencing and Community Service 332

Intensive Probation Supervision 332

Home Confinement and Remote Location Monitoring 333

The Future of Probation and Parole 335

CJ News How GPS Technology Keeps Track of Sex Offenders 336

Changes in Reentry Policies 337

The Reinvention of Probation and Evidence-Based Practices 340

CJ issues Remote Reporting Probation 342

Summary 342

Questions for Review 343

Chapter 11 Prisons and Jails 344
Introduction 345

A Brief History of Prisons 345

Prisons Today 350

PaYiNg For it California’s Public Safety Realignment 351

CJ issues California’s Public Safety Realignment (PSR) Program 354

Prisoners Today 355

Overcrowding 355

CJ News California’s Governor Wants Federal Oversight of
Prisons to End 356

CJ issues The Prison Population 357

Selective Incapacitation: A Contemporary Strategy to Reduce
Prison Populations 358

Security Levels 359

CJ issues Evidence-Based Corrections 360

Prison Classification Systems 361

xii Contents

The Federal Prison System 361

The Growth of Federal Prisons 365

Recent Improvements 366

Jails 366

CJ issues The Charles Colson Task Force on Federal Corrections 367

Women and Jail 368

The Growth of Jails 368

New Generation Jails 370

Jails and the Future 370

Ethics and Professionalism American Jail Association Code of Ethics for Jail
Officers 371

Private Prisons 372

PaYiNg For it Cost-Efficient Corrections and Sentencing 373
CJ Exhibit 11–1 Arguments for and against the Privatization of Prisons 374

Summary 375

Questions for Review 375

Chapter 12 Prison Life 376
Introduction 377

Research on Prison Life: Total Institutions 377

The Male Inmate’s World 378

The Evolution of Prison Subcultures 379

The Functions of Prison Subcultures 379

CJ Exhibit 12–1 Prison Argot: The Language of Confinement 380

Prison Lifestyles and Inmate Types 381

Homosexuality and Sexual Victimization in Prison 382

The Female Inmate’s World 383

Sexual Victimization of Women Prisoners 384

Parents in Prison 385

Gender-Responsiveness 386

Institutions for Women 387

Social Structure in Women’s Prisons 387

Multiculturalism and Diversity The Bangkok Rules on the Treatment of
Female Prisoners 388

Types of Female Inmates 389

Violence in Women’s Prisons 390

The Staff World 391

Facts and Figures 391

The Professionalization of Corrections Officers 392

Security Threat Groups and Prison Riots 392

Ethics and Professionalism American Correctional Association Code
of Ethics 393

PaYiNg For it The Cost-Benefit Knowledge Bank for Criminal Justice 395

Prisoners’ Rights 397

The Legal Basis of Prisoners’ Rights 398

Freedom or Safety? You Decide. Censoring Prison Communications 399

Grievance Procedures 402

A Return to the Hands-Off Doctrine? 403

Freedom or Safety? You Decide. Should Prison Libraries Limit Access to
Potentially Inflammatory Literature? 405

xiiiContents

Issues Facing Prisons Today 407

HIV/AIDS 407

Geriatric Offenders 408

Inmates with Mental Illness and Intellectual Disabilities 409

Terrorism 410

CJ News Radical Islam, Terrorism, and U.S. Prisons 411

Summary 412

Questions for Review 413

Part 5 The Juvenile Justice System
Chapter 13 Juvenile Justice 414

Introduction 415

Juvenile Justice Throughout History 416

Earliest Times 416

The Juvenile Court Era 418

Categories of Children in the Juvenile Justice System 419

The Legal Environment 419

CJ News Schools Are Taking Bullying Seriously 422

Legislation Concerning Children and Justice 423

The Legal Rights of Juveniles 424

The Juvenile Justice Process Today 424

Adult and Juvenile Justice Compared 425

CJ Exhibit 13–1 Adult Criminal Case Processing Versus the Juvenile Justice
System 426

How the System Works 426

CJ Exhibit 13–2 Juvenile Courts Versus Adult Courts 430

CJ News The Girls Study Group 432

Trends in Juvenile Justice 434

CJ Careers Juvenile Justice Professional 435

CJ issues Evidence-Based Juvenile Justice 436

Summary 437

Questions for Review 438

Appendix A: Bill of Rights A-1
Appendix B: List of Acronyms A-3

Glossary G-1

Notes N-1

Name Index I-1

Case Index I-7

Subject Index I-11

xiv Contents

Preface

Criminal justice is a dynamic field of study. Consider these challenges for instructors and
students trying to keep pace with a field that is undergoing continual modification: the
ever-evolving nature of crime, our changing understanding of justice, police—community
relations in an age of social media, budgetary constraints, ongoing threats to our nation’s
security, newly enacted statutes, innovations in enforcement and justice-system technol-
ogy, precedent-setting U.S. Supreme Court decisions, a changing American society, and
rapidly emerging innovations in correctional practice.

As accelerated change engulfs the American criminal justice system today, it is appropri-
ate that a streamlined and up-to-date book like this should be in the hands of students. Quick
and easy access to accurate and current information has become a vital part of contempo-
rary life. Criminal Justice: A Brief Introduction provides such access through its printed
pages and interactive website with videos, point-counterpoint exercises, and numerous
other features.

The first edition of Criminal Justice: A Brief Introduction, which was published
before the Internet had become the ubiquitous tool that it is today, resulted from the real-
ization that justice students need to have current information presented in a concise and
affordable source. With each new edition, the availability of up-to-date crime- and justice-
related information has increased. Like many of its predecessors, the twelfth edition draws
upon the wealth of Internet resources that serve the needs of criminal justice students and
practitioners. It ties those important resources to central ideas in the text, expanding learn-
ing opportunities far beyond what was possible in the mere 400 pages of the first edition. In
particular, URLs printed in the book point the way to criminal justice agencies and organiza-
tions on the Internet, as well as to full-text documentation of many critical contemporary
issues.

True to its origins, the twelfth edition, which is now available in a variety of print and
electronic formats, focuses on the crime picture in America and the three traditional ele-
ments of the criminal justice system: police, courts, and corrections. Real-life stories, career
information, up-to-date examples and issues, engaging graphics, and interactive media all
contribute to this timely and user-friendly introduction to criminal justice. Key features
include:

Freedom or Safety? You Decide boxes in each chapter highlight the book’s ever-
evolving theme of individual rights versus public order, a hallmark feature of this text
since the first edition. In each chapter of the text, Freedom or Safety boxes build on
this theme by illustrating some of the personal rights issues that challenge policymakers
today. Each box includes critical-thinking questions that ask readers to ponder whether
and how the criminal justice system balances individual rights and public safety.

Paying for It boxes, which are found in many chapters, emphasize the financial realities
of today’s world—including the need of justice system components to deal with budget
shortfalls and limits on available resources.

Evidence-based practices are introduced in early chapters and are stressed through-
out the text, including in the book’s sections on policing, the courts, and corrections.

CJ News boxes in each chapter present case stories from the media to bring a true-to-
life dimension to the study of criminal justice and allow insight into the everyday work-
ings of the justice system.

CJ Issues boxes that provide the information students need to participate in a discus-
sion of critical issues facing the justice system, such as excessive use of force by the
police, the use of mass imprisonment as a tool of social engineering, and coming changes
in the juvenile justice process.

xv

xvi Preface

CJ Careers boxes outline the characteristics of a variety of criminal justice careers in
a Q&A format, to introduce today’s pragmatic students to an assortment of potential
career options and assist them in making appropriate career choices.

Multiculturalism and Diversity boxes present aspects of criminal justice that are
related to the diverse nature of American society and emphasize the need for justice-
system personnel capable of working with culturally diverse groups.

Ethics and Professionalism boxes present ethical codes that criminal justice practi-
tioners are asked to uphold, highlighting the vital role of moral and ethical standards and
behavior in their daily lives and to the high social expectations inherent in justice–re-
lated careers. Included are the ethical codes of the American Correctional Association,
the American Probation and Parole Association, the International Association of Chiefs
of Police, the American Bar Association, and the American Jail Association.

Graphics such as full-color diagrams, illustrations, timelines, and photographs rein-
force key concepts for easier understanding and make the chapter topics both under-
standable and interesting. In recognition of the visual orientation of today’s learners, we
have worked to achieve a comprehensive integration of graphic art with the concepts
and ideas of criminal justice. Consequently, the layout and design of the text are highly
visual, inviting readers to explore its pages while powerfully illustrating the critical con-
cepts that are central to the field of criminal justice.

As the author of numerous books on criminal justice, I have often been amazed at how
the end result of the justice process is sometimes barely recognizable as “justice” in any
practical sense of the word. It is my sincere hope that the technological and publishing
revolutions that have contributed to the creation and development of this book will combine
with a growing social awareness to facilitate needed changes in our system and will help
replace self-serving, system-perpetuated injustices with new standards of equity, compas-
sion, understanding, fairness, and heartfelt justice for all. If you use this book, I’d like to hear
from you. Please write to me at the e-mail address below.

Frank Schmalleger, Ph.D.
Distinguished Professor Emeritus

The University of North Carolina at Pembroke
cjtoday@mac.com

New to the Twelfth Edition
Chapter 1 What Is Criminal Justice?
• A new story about the crisis in the justice system engendered by multiple police

shootings of unarmed black men in 2014–2015 now opens the chapter.

• “Procedural fairness” has been added as a new key term.

• The discussion about white-collar and corporate crime has been updated with coverage
of Volkswagen’s emissions scandal.

• The new concept of a “sentinel event” that can uncover critical issues in the justice
system is now discussed.

Chapter 2 the Crime Picture
• The chapter opening story, which features a sheriff’s department that had to meet the

demands of ransom ware hackers, has been changed and updated.

• The table comparing the traditional UCR with the Enhanced UCR/NIBRS Reporting
System has been expanded.

• Crime statistics throughout the chapter have been updated.

• The chapter now incorporates the new UCR definition of rape, which is now
gender-neutral.

xviiPreface

• The discussion about “race and the justice system” has been completely revised.
• The discussion and coverage of identity theft has been updated.
• A new “Freedom or Safety? You Decide” box has been added. It asks the question of

whether citizens can have too much privacy.
• The violence against women section has been updated.

Chapter 3 Criminal Law
• A new story about a California physician sent to priso

Criminal homework help

STUDENT RELIES

Note: Identify the human rights violation you selected in the first line of your post. Respond to a colleague who selected a human rights violation different than the one you selected.

Be sure to support your postings and responses with specific references to the Learning Resources.

200 WORD COUNT FOR EACH STUDENT REPLY AND USE TEXTBOOK REFERENCE ONLY

STUDENT REPLIES

STUDENT REPLY #1 Jamie Archer

Human rights violations against people with mental illnesses occur on a global scale, both inside and outside of psychiatric hospitals. Denial of work, marriage, procreation, and education; hunger; physical abuse; and neglect are examples of these violations. Although there are continuing debates around the world about how to treat people who have been diagnosed with mental illness or who are exhibiting mental health symptoms, it is crucial to recognize that the level of abuse differs from culture to culture based on established beliefs. For example, much as some cultures do not give women equal rights and push them to the background, other societies view the mentally ill as not being a part of normal society, and as a result, persons with mental illness are subjected to various sorts of mistreatment (Mfoafo-M’Carthy & Huls, 2014) .

Another factor that contributes to the violation of the mentally ill’s human rights is the lack of government participation. Thousands of mentally ill patients visit hospital emergency departments on a regular basis. They put pressure on our medical system, frighten the public, and occasionally cause injury to themselves and others. Previously, such persons were institutionalized in mental institutions. The public was protected, but the asylums were dreadful, overcrowded places where sick individuals were rarely treated well. As a result, it was decided to establish community mental health initiatives. However, community treatment was never actually implemented. It was not funded by politicians. The residents of neighborhood mental health centers were not fond of them. As a result, the mentally ill now end up in prisons or on the streets.

Reference

Mfoafo-M’Carthy, M., & Huls, S. (2014). Human rights violations and mental illness. SAGE Open, 4(1), 215824401452620. https://doi.org/10.1177/2158244014526209

STUDENT REPLY #2 Nereyda Villalobos

The human rights violation I selected is that on Abortion Rights, everyone has a right to health care. Everyone should have the freedom to make personal decisions, especially when it comes to reproductive health care without having to worry about politicians making that decision for them. Abortion rights have been guaranteed since 1973 when Roe vs. Wade decision came about. However now it is threatened by high court that can put many young women and women at risk. In 2021 the Women’s Health Protection Act of 2021 was passed by the house of representatives however has since then been stuck in the senate where there are several politicians challenging the proposition. Abortion services are essential health care, and many women deserve the right to make these choices, the United States has blocked in various way for women to have access to this type of health care. Allowing abortions is extremely essential because it is the safest way for people to seek a medical practitioner to have this procedure done. In not allowing these medical procedures to be legal people will seek other methods to achieve the medical treatments they look for endangering women and possibly costing them their lives.

The U.S. supreme court has allowed an abortion ban, Texas Senate Bill 8 (S.B.8) to stand this bill bans abortions at around 6 weeks of pregnancy this is before many women even know they are pregnant, and it also has a clause that can also get other people in trouble with the law if you are known to help someone get an abortion. This bill came into effect on September 1, 2021, the courts failure to stop this bill has put many women and young women at risk to either perform abortions on their own or care through with unwanted pregnancies. Lizelle Herrera a 26-year-old woman who was arrested just recently in Texas for performing a self – induced abortion and was held on $500,000 bond in Starr County although her charges were dropped this is one example of what people will do to seek their own medical treatment if not allowed to have. We cannot allow the right to health care to be denied from people because of personal belief that one believes this should not happen. Texas is not the only state who has banned abortions and who has denied this medical right to women.

References:

H.R.3755-Women’s Health Protection Act of 2021. Retrieved April 19, 2022, from

https://www.congress.gov/bill/117th-congress/house-bill/3755/text

Abortion Rights Are About Human Rights, Not Politics Opinion. Retrieved April 19, 2022, from

https://www.newsweek.com/abortion-rights-are-about-human-rights-not-politics-opinion-1686171

Criminal homework help

Assignment 3 Instructions

A little background:  You have learned about many aspects of the criminal justice system that have an affect on cases going to court and court proceedings. It is important that the CJ system is viewed in its totality in an effort to see how different factors affect the outcome and ultimately the quest for justice.

 

Directions:  Based off of what you have learned in weeks 5 & 6 (and keeping in mind what you learned in weeks 1-4) you are to answer the following questions:

 

1.  Make up with a synopsis of a criminal act.  This should be no longer than a paragraph.  It should include the elements needed to answer the following questions.

2. Identify the crime(s) committed and the response by the police (this should detail the probable cause element for an arrest), suggest the charges for this individual (refer to the revised statutes in the state that you live to identify what crime(s) they may be charge with).  You may have to do some additional outside research (besides the revised statutes in your state) using sources through the UMGC library to obtain some of this information.

3. Pretend that you are the District Attorney for this case.  Explain your role in the prosecution of this case. Detail the information and steps that will be taken to take this case to trial. Explain the elements that must be necessary in order for the suspect to be convicted in the U.S. court system.

Format Directions:

· Paper must be double spaced, 11 or 12 pt font and 1”margins all around.

· All APA 7th edition format requirements must be followed (cover page, in text citations, reference page). Refer to APA/UMGC – learning resources found in the content page of this course.

· You must have resources to support your thoughts/opinions/information.  These must be cited both in text as well as at the end of the document. Your paper should not contain direct quotes, sourced material must be paraphrased.

· Answered in 1., 2., 3 format

Criminal homework help

Week
 2:
 Causes
 of
 Human
 Rights
 Violations
 
In
 this
 week,
 we
 return
 to
 the
 seven
 human
 rights
 violations
 from
 around
 the
 
world
 that
 were
 introduced
 in
 last
 week’s
 media
 presentation
 and
 explore
 the
 
causes
 of
 each.
 

 
U.S.:
 Japanese
 Internment
 Camps
 

 
The
 United
 States
 responded
 to
 the
 Japanese
 attack
 on
 Pearl
 Harbor
 with
 Executive
 Order
 
9066,
 which
 was
 authorized
 by
 President
 Roosevelt
 on
 February
 19,
 1942.
 This
 order
 excluded
 
all
 Japanese
 descendants
 from
 the
 Pacific
 Coast
 of
 the
 United
 States,
 such
 as
 California,
 Oregon,
 
and
 Washington.
 
 

 
On
 the
 West
 Coast
 of
 the
 United
 States,
 Japanese
 Americans
 were
 subsequently
 ordered
 to
 
report
 to
 assembly
 centers
 on
 May
 9,
 1942,
 for
 removal
 to
 internment
 camps.
 In
 total,
 120,000
 
ethnic
 Japanese
 people,
 62%
 of
 whom
 were
 American-­‐born
 U.S.
 citizens,
 were
 detained
 in
 War
 
Relocation
 Camps
 for
 the
 duration
 of
 World
 War
 II.
 
 

 
Africa:
 Rwandan
 Genocide
 

 
Tensions
 initially
 flared
 over
 the
 belief
 that
 the
 airplanes
 of
 Rwandan
 President
 Juvenal
 
Habyarimana
 and
 Hutu
 President
 Cyprien
 Ntaryamira
 were
 shot
 down
 by
 Rwandan
 and
 Hutu
 
extremist
 groups
 on
 April
 6,
 1994.
 After
 further
 investigation
 by
 Rwandan
 officials,
 it
 was
 held
 
that
 Hutu
 extremist
 were
 responsible.
 To
 date,
 disagreement
 remains.
 
 
 

 
The
 Hutus
 responded
 to
 the
 accusation
 with
 violence
 in
 fear
 that
 the
 Tutsi
 regime
 would
 
enslave
 the
 Hutus
 if
 they
 remained
 in
 power.
 Hutu
 militias
 associated
 with
 the
 Interahamwe
 
and
 Impuzamugambi
 political
 groups
 began
 to
 murder
 Tutsis
 in
 mass
 numbers.
 

 
Most
 of
 the
 foreign
 dignitaries
 were
 evacuated
 during
 the
 early
 days
 of
 the
 violence
 as
 Hutu
 
civilians
 were
 forced
 to
 participate
 in
 the
 killings
 or
 be
 shot.
 Many
 were
 instructed
 to
 kill
 their
 
Tutsi
 neighbors
 and
 wartime
 rape
 became
 the
 norm.
 It
 was
 noted
 that
 the
 rape
 of
 Tutsi
 women
 
was,
 to
 a
 certain
 degree,
 systematic.
 
 

 
South
 America:
 Pinochet’s
 Rule
 in
 Chile
 

 
Chile
 was
 known
 for
 its
 stability
 in
 Latin
 America,
 compared
 with
 its
 neighbors,
 until
 the
 1960s.
 
By
 then,
 the
 Cold
 War
 began
 to
 affect
 the
 mountainous
 nation,
 and
 Chile
 became
 a
 part
 of
 the
 
Alliance
 for
 Progress.
 The
 alliance
 was
 to
 keep
 socialistic
 revolutions
 from
 taking
 hold
 in
 Latin
 
America.
 But
 as
 the
 decade
 went
 on,
 labor
 unions
 took
 on
 a
 stronger
 role
 in
 Chilean
 politics
 and
 
a
 youthful
 leftist
 movement
 spread
 like
 wildfire.
 In
 1970,
 the
 Socialist
 Party
 won
 the
 presidency
 
with
 Salvador
 Allende
 Gossens.
 Allende
 had
 promised
 a
 republic
 to
 the
 people
 of
 Chile
 and
 said
 
he
 would
 provide
 reforms
 that
 would
 make
 the
 working
 class
 more
 equal.
 President
 Nixon
 told
 
his
 advisers
 that
 he
 wanted
 Allende
 out
 of
 power.
 The
 only
 way
 for
 Allende
 to
 be
 overthrown
 

was
 by
 the
 Chilean
 military
 rising
 up
 against
 him,
 so
 the
 CIA
 was
 ordered
 to
 instigate
 a
 military
 
coup.
 The
 Chilean
 people
 were
 seeking
 their
 own
 change,
 regardless
 of
 the
 coup,
 after
 the
 
economy
 began
 to
 crumble
 under
 Allende’s
 rule.
 

 
By
 1973,
 the
 Chilean
 congress
 and
 judiciary
 stood
 against
 Allende
 and
 claimed
 that
 his
 
government
 went
 against
 the
 Chilean
 constitution.
 The
 military
 then
 stormed
 his
 palace
 and
 
Allende
 died
 while
 armed.
 Pinochet
 was
 then
 swept
 into
 office
 where
 he
 dismantled
 the
 
Chilean
 parliament,
 suppressed
 all
 opposition,
 gained
 control
 of
 all
 commerce,
 banned
 trade
 
unions,
 and
 made
 Chilean
 citizens
 abide
 by
 his
 rule
 with
 force
 and
 torture.
 

 
Europe:
 The
 Holocaust
 

 
Trouble
 began
 shortly
 after
 the
 rise
 of
 the
 Nazi
 Party
 in
 Germany.
 After
 Hitler
 won
 the
 free
 
elections
 of
 1933,
 his
 ability
 to
 invade
 and
 succeed
 in
 military
 actions
 from
 1939
 to
 1942
 in
 
Denmark,
 Eastern
 Europe,
 France,
 Holland,
 and
 Russia
 worked
 in
 conjunction
 with
 his
 
persecution
 of
 the
 Jews
 of
 that
 day.
 Hitler
 was
 able
 to
 convince
 a
 large
 portion
 of
 the
 German
 
citizenry,
 and
 often
 people
 from
 various
 other
 countries,
 of
 his
 idea
 that
 the
 Jewish
 culture
 was
 
in
 need
 of
 extermination.
 
 

 
Nazi
 Germany
 systematically
 sanctioned
 the
 genocide
 of
 more
 than6
 million
 European
 Jews
 
through
 a
 variety
 of
 cruel
 and
 tortuous
 methods.
 It
 should
 be
 noted
 that
 these
 estimated
 6
 
million
 Jews
 represented
 approximately
 two
 thirds
 of
 the
 estimated
 9
 million
 Jews
 who
 resided
 
in
 Europe
 prior
 to
 their
 extermination
 during
 World
 War
 
 

 
In
 addition
 to
 the
 6
 million
 Jewish
 people
 exterminated
 by
 the
 Nazis
 during
 the
 war,
 an
 
estimated
 5
 to
 11
 million
 ethnic
 Poles,
 Romani,
 Soviet
 civilians,
 Soviet
 prisoners
 of
 war,
 people
 
with
 disabilities,
 homosexuals,
 Jehovah’s
 Witnesses,
 and
 other
 political
 and
 religious
 opponents
 
were
 held
 in
 concentration
 camps
 and
 executed.
 

 
Middle
 East:
 Iranian
 Election
 Crackdown
 

 
Protests
 revolved
 around
 the
 questionable
 June
 13,
 2009,
 Iranian
 presidential
 election
 in
 which
 
President
 Mahmoud
 Ahmadinejad
 won.
 The
 support
 of
 the
 protestors
 (mostly
 Iranian
 citizens)
 
and
 international
 onlookers
 was
 in
 favor
 of
 the
 opposing
 candidate,
 Mir-­‐Hossein
 Mousavi.
 

 
The
 Iranian
 government
 arrested
 approximately
 170
 of
 its
 citizens
 in
 Tehran
 on
 June
 13
 and
 14.
 
By
 August
 2009,
 it
 was
 confirmed
 by
 the
 Iranian
 government
 that
 there
 were
 over
 4,000
 
detained
 as
 a
 result
 of
 the
 residual
 protests.
 Reports
 have
 revealed
 that
 executions
 of
 
protestors
 were
 conducted
 in
 secret
 and
 without
 notification
 of
 their
 families
 or
 legal
 
representation.
 Though
 the
 Iranian
 government
 has
 openly
 claimed
 responsibility
 for
 27
 
deaths,
 media
 outlets
 have
 reported
 over
 150,
 resulting
 from
 the
 protests.
 
 

 
Reports
 also
 have
 indicated
 that
 military
 personnel
 broke
 into
 homes,
 intentionally
 harmed
 
their
 citizenry,
 and
 shot
 into
 large
 crowds
 of
 people,
 unprovoked.
 
 

Opposition
 leaders
 have
 claimed
 that
 the
 prisoners
 have
 been
 tortured
 and
 raped
 in
 prison
 and
 
have
 condemned
 these
 actions,
 but
 Iran’s
 parliament
 speaker,
 Ali
 Larijani,
 denied
 that
 any
 
prisoners
 were
 abused.
 

 
The
 Iranian
 government
 went
 to
 unforeseen
 lengths
 to
 control
 media
 portrayal
 of
 the
 election
 
and
 protests
 by
 its
 citizenry.
 The
 censorship
 was
 said
 to
 be
 at
 a
 level
 of
 total
 blackout
 of
 all
 
negative
 depictions
 of
 the
 Iranian
 election
 and
 government.
 This
 was
 also
 the
 first
 time
 when
 
citizens
 banded
 together
 in
 attempts
 to
 dismantle
 the
 Iranian
 government’s
 control
 of
 the
 
Internet
 by
 using
 Facebook
 and
 Twitter
 to
 distribute
 codes
 that
 would
 allow
 them
 to
 
communicate
 openly
 about
 their
 reality
 in
 Iran.
 As
 a
 result,
 the
 Iranian
 government
 totally
 
dismantled
 the
 Internet.
 
 

 
Asia:
 Chinese
 Treatment
 of
 Tibet
 
 

 
The
 Tibetan
 legal
 code,
 derived
 from
 the
 13th
 century,
 is
 known
 to
 allow
 legal
 punishment
 for
 
crimes
 that
 included
 physical
 mutilation,
 such
 as
 eye
 gouging
 and/or
 hand
 and
 feet
 mutilation.
 
The
 Chinese
 government
 believed
 that
 the
 Tibetan
 government
 and
 this
 legal
 practice
 was
 too
 
archaic
 and
 as
 a
 result
 corrected
 these
 traditions
 by
 imposing
 its
 own
 will
 upon
 Tibet.
 

 
The
 Chinese
 destroyed
 monasteries
 and
 have
 murdered
 an
 estimated
 500,000
 to
 1.2
 million
 
Tibetans
 in
 an
 effort
 to
 impose
 their
 laws.
 They
 also
 have
 kidnapped,
 displaced,
 produced
 
inhuman
 prison
 conditions,
 arrested
 with
 no
 criminal
 justice,
 and
 prohibited
 citizens
 from
 
openly
 expressing
 disagreement
 with
 the
 Chinese
 government.
 Tibetans
 also
 note
 that
 they
 are
 
not
 free
 to
 express
 their
 religion
 (Buddhism)
 as
 they
 are
 called
 to
 do.
 
 

 
Australia:
 Treatment
 of
 Aboriginals/Stolen
 Generations
 

 
The
 Australian
 government
 believed
 that
 there
 was
 a
 need
 to
 protect
 the
 Aboriginal
 children
 
who
 were
 unable
 to
 protect
 themselves
 against
 neglect,
 abuse,
 and
 abandonment
 as
 a
 result
 of
 
the
 growing
 industrialization
 and
 urbanization
 of
 Australia.
 
 

 
Aboriginal
 children
 were
 removed
 from
 their
 biological
 parents
 and
 given
 to
 non-­‐Aboriginal
 
Australians
 to
 raise
 and
 indoctrinate
 them
 into
 the
 nontraditional
 Australian
 way
 of
 life.
 Law
 
enforcement
 was
 given
 search
 and
 seizure
 powers
 to
 investigate
 and
 seize
 Aboriginal
 youth
 and
 
transfer
 them
 to
 government-­‐sanctioned
 institutions,
 and
 faith-­‐based
 institutions
 were
 used
 to
 
house,
 rehabilitate,
 and
 reintegrate
 the
 Aboriginal
 children
 back
 into
 society.
 
 

 

Criminal homework help

Prompt for Reflection

For this, write a 250-300-word reflection on Satrapi’s graphic novel. In your writing, include the following
two parts.

Part 1: Why do you think Satrapi choose the genre of a graphic novel to tell her story? Choose a page of
Persepolis from which to analyze all the visual and rhetorical choices Satrapi makes on that page. Using
graphic novel vocabulary listed below, analyze the page for the meanings and themes that Satrapi is
attempting to express.

Graphic Novel Elements

● Panels: squares or rectangles that contain a single scene
● Gutters: space between panels
● Dialog Balloons: contain communication between/among characters
● Thought Balloons: contain a character’s thoughts
● Captions: contain information about a scene or character
● Sound Effects: visual sound clues i.e.. Wonk! Pow!
● Bleed: text and pictorial icons establishing action outside of any perimeters; creates a feel of

limitless action and suspended time

Part 2: identify a theme/concept in the story and make a claim about why it is significant in the book. Refer to
specific passages in the book that represent the theme/concept to support your claim. In other words, the
reflection for this week should resemble a mini-essay where you have a central claim and supporting
evidence from the text. End your reflection with a question for your classmates to consider.

Do not summarize the text. One way to begin your reflection is to ask a probing question and then try to
answer it using evidence from the text and your interpretations of specific passages. You may use first person
in your writing if you, indeed, refer to yourself. You may include personal anecdotes or observations but be
sure to demonstrate their relevance to the text.

Reflective writing looks back at the text and tries to understand it better by seeing connections within the text,
to your own life, and to the larger social or cultural context.

Criminal homework help

MODULE 8 (due 3/27, no later than 8pm)


PLEASE ONLY USE TEXTBOOK AS REFRENCE TO COMPLETE ASSIGNMENT AND LINKS PROVIDED

LISTEN TO: COMMENTARY ON MODULE 8


https://uhd.zoom.us/rec/play/hP1HQNOB-0vE06Pxges4IFuVu3n5bsCUmF9td_aQ5Eyb7Psd9_Y-d0ZxhyFDWKZunC6zhfCmb4xOPoUl.Z23PUL0paOdnqg0r?startTime=1649379120000&_x_zm_rtaid=sX8YwFkqR-28ZGB6Cw82JQ.1650942694439.e97edc78f805bbee90d43acc7a5dcf88&_x_zm_rhtaid=202

Textbook: The Legal Rights of the Convicted

Barbara Belbot, Craig Hemmens, Michael R. Cavanaugh

Link to textbook:

https://www.perlego.com/book/2028034/the-legal-rights-of-the-convicted-pdf

Log in: aleramz16@gmail.com

Password: Jayden08

Criminal homework help

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Beccaria Kant Brockway Mabbott
On Crimes and Punishment (1764) Philosophy The American Punishment
of Law (1887) Reformatory (1910) (1939)

Bentham Bentham
Moral Calculus (1789) The Rationale
of Punishment (1830)

ORIGIN

Classical Theory

CONTEMPORARY THEORY

Rational Choice Theory (p.92)

Maudsley Tarde Freud
Pathology of Mind Penal General Introduction
(1867) Philosophy to Psychoanalysis
(1912) (1920)

Pinel Healy
Treatise on Insanity (1800) The Individual Deliquent (1915)

Marx Bonger Rusche & Kircheimer
Communist Manifesto (1848) Criminality and Punishment and Social
Economic Structure (1939)
Conditions (1916)

Glueck & Glueck
500 Criminal Careers
(1930)

Mead Sutherland
The Psychology Principles of
of Punitive Justice Criminology
(1917) (1939)
Sutherland Sutherland
Criminology (1924) The Professional
Thief (1937)

Quetelet Durkheim Park, Burgess, Merton
The Propensity The Division of & McKenzie Social Structure
of Crime (1831) Labor in Society The City (1925) and Anomi (1938)
(1893) Shaw et al. (1925)
Delinquency Areas Sellin
Thrasher Culture, Conflict
The Gang (1926) and Crime (1938)

ORIGIN

Positivist Theory

CONTEMPORARY THEORY

Biological Trait Theory (p.129)

ORIGIN

Positivist Theory

CONTEMPORARY THEORY

Psychological Trait Theory (p.136)

ORIGIN

Marxist Theory

CONTEMPORARY THEORY

Critical Criminology (p.232)

ORIGIN

Sociological Theory

CONTEMPORARY THEORY

Social Structure Theory (p.158)

ORIGIN

Sociological Theory

CONTEMPORARY THEORY

Social Process Theory (p.194)

ORIGIN

Multifactor/Integrated Theory

CONTEMPORARY THEORY

Life Course Theory (p.268)

ORIGIN

Multifactor/Integrated Theory

CONTEMPORARY THEORY

Propensity Theory (p.276)

Gall Lombroso Garofalo Kretschmer Hooton
Cranioscopy/Phrenology Criminal Man Criminology Physique and American
(1800) (1863) (1885) Character (1921) Criminal (1939)

Dugdale Ferri Goring
The Jukes Criminal The English Convict (1913)
(1877) Sociology (1884)

Timeline of Criminological Theories

1775 1800 1825 1850 1875 1900 1925 1939

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Andenaes Martinson Cohen & Felson Clarke
General Preventive Effects What Works (1974) Routine Activities (1979) Situational Crime Prevention (1992)
of Punishment (1966)

Packer Newman J. Q. Wilson Katz
The Limits of Criminal Defensible Thinking About Crime (1975) Seductions of Crime (1988)
Sanction (1968) Space (1973)

Montagu Jeffery E. O. Wilson Mednick & Volavka Rowe Harris
Man and Crime Sociobiology (1975) Biology and Crime (1980) The Limits of The Nurture
Aggression Prevention Family Influence Assumption (1998)
(1968) (1971) (1995)

Sheldon Dalton Ellis
Varieties of Delinquent Youth (1949) The Premenstrual Syndrome (1971) Evolutionary Sociobiology (1989)

Friedlander Eysenck Bandura Hirschi & Hindelang Henggeler Moffitt Wilson & Daly
Psychoanalytic Crime and Aggression (1973) Intelligence and Delinquency in Neuropsychology Evolutionary Psychology
Approach to Personality (1964) Delinquency (1977) Adolescence (1989) of Crime (1992) (1997)
Delinquency (1947)
Murray & Herrnstein
The Bell Curve (1994)

Vold Chambliss & Seidman Lea & Young Hagan Braithwaite Zehr & Mika
Theoretical Criminology Law, Order and Power (1971) Left Realism (1984) Structural Criminology (1989) Crime, Shame, and Fundamental Concepts of
(1958) Reintegration (1989) Restorative Justice (1998)

Dahrendorf Taylor, Walton, & Young Daly & Chesney-Lind Quinney & Pepinsky Barak & Henry
Class and Class Conflict The New Criminology Feminist Theory Criminology as An Integrative-Constitutive
in Industrial Society (1959) (1973) (1988) Peacemaking (1991) Theory of Crime (1999)

Cloward & Ohlin Kornhauser Wilson Agnew Courtwright Anderson
Delinquency and Opportunity Social Sources The Truly General Strain Theory Violent Land (1996) Code of the Street
(1960) of Delinquency (1978) Disadvantaged (1987) (1992) (1999)

Lewis Blau & Blau Messner & Rosenfeld LaFree
The Culture of Poverty (1966) The Cost of Inequality (1982) Crime and the American Losing Legitimacy
Dream (1994) (1998)

Lemert Hirschi Schur Akers Kaplan Akers
Social Causes of Labeling Deviant Deviant Behavior (1977) General Theory Social Learning and
Pathology (1951) Delinquency (1969) Behavior (1972) of Deviance (1992) Social Structure (1998)

Becker Heimer & Matsueda
Outsiders (1963) Differential Social Control (1994)

Glueck & Glueck West & Farrington Thornberry Sampson & Laub Loeber
Unraveling Juvenile Delinquency Delinquent Way of Life Interactional Crime in the Making (1993) Pathways to Delinquency
(1950) (1977) Theory (1987) (1998)

Weis Moffitt
Social Development Adolescence-Limited and Life-Course
Theory (1981) Persistent Antisocial Behavior (1995)

Hathaway & Monachesi Wolfgang, Figlio, & Sellin Wilson & Herrnstein Tittle
Analyzing and Predicting Delinquency in Birth Cohorts Crime and Human Control Balance: Toward a General
Juvenile Delinquency (1972) Nature (1985) Theory of Deviance (1995)
with the MMPI (1953)
Eysenck Gottfredson & Hirschi
Crime and Personality General Theory of Crime (1990)
(1964)

1947 1969 1975 1980 1991 1995 1997 1998

Timeline of Criminological Theories (continued)

Colvin Farrington Zimmerman, Botchkovar,
Crime and Coercion (2000) “Developmental and Life-Course Antonaccio, & Hughes “Low Self-
Criminology” (2003) Control in ‘Bad’ Neighborhoods” (2015)

Piquero, Farrington, Boutwell, Barnes, Deaton, &
Nagin, & Moffitt Beaver “On the Evolutionary Origins of
Trajectories of Offending (2010) Life-course Persistent Offending” (2013)

Conger
Long-term Consequences of Economic
Hardship on Romantic Relationships (2015)

Laub & Sampson Agnew Larson & Sweeten Bersani & Doherty
Shared Beginnings, Divergent Why Do Criminals Offend? “Breaking Up Is “When the Ties That
Lives (2003) (2005) Hard to Do” (2012) Bind Unwind” (2013)

Topalli “When Being Good Conger
Is Bad: An Expansion of “Family Functioning and Crime” (2014)
Neutralization Theory” (2005)

Maruna
Making Good: How Ex-convicts
Reform and Rebuild Their Lives (2001)

Sampson & Raudenbush LeBlanc Wilson & Taub There Goes the Neighborhood: Wilson
Disorder in Urban Neighborhoods— Random Family: Love, Drugs, Trouble, Racial, Ethnic, and Class Tensions in Four Chicago More Than Just Race (2009)
Does It Lead to Crime? (2001) and Coming of Age in the Bronx (2003) Neighborhoods and Their Meaning for America (2006)

Sullivan & Tifft Western
Restorative Justice (2001) Punishment and Inequality in America (2010)

Hagan and Wymond-Richmond Chesney-Lind & Morash
Darfur and the Crime of Genocide (2009) “Transformative Feminist Criminology” (2013)

Bushman & Anderson Dorn, Volavka &
Media Violence (2001) Johnson “Mental Disorder
and Violence” (2012)

Ellis & Hoskin
“Criminality and the 2D:4D Ratio: Testing
the Prenatal Androgen Hypothesis” (2015)

Schoenthaler Friedman Beaver Wright & Cullen Barnes & Jacobs
Intelligence, Academic Performance, “Violence and Mental Biosocial Criminology (2009) “The Future of Biosocial “Genetic Risk for Violent
and Brain Function (2000) Illness” (2006) Criminology” (2012) Behavior” (2013)

Lott Felson Steffensmeier & Ulmer Simon Petrossian & Clarke
More Guns, Less Crime (2000) Crime and Everyday Life Confessions of a Dying Thief: Understanding Governing Through Crime (2010) “The CRAVED Theft Model” (2014)
(2002) Criminal Careers and Illegal Enterprise (2005)

Levitt
Understanding Why
Crime Fell in the 1990s (2004)

2000 2001 2002 2003 2004 2005 2010 2016

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CRIMINOLOGY
THE CORE

Larry J. Siegel
University of Massachusetts, Lowell

7

Australia ● Brazil ● Mexico ● Singapore ● United Kingdom ● United States

EDITION

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requests online at

Cengage

USA

Criminology: The Core,
Larry J. Siegel

Meier

Printed in the United States of America
Print Number: 01 Print Year: 2017

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This book is dedicated to

my children, Eric, Julie, Rachel, and Andrew;

my grandchildren, Jack, Brooke, and Kayla Jean;

my sons-in-law, Jason Macy and Patrick Stephens;

and my wife, partner, and best friend, Therese J. Libby.

L. J. S.

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LARRY J. SIEGEL was born in the Bronx. While liv-
ing on Jerome Avenue and attending City College of

New York in the 1960s, he was swept up in the social

and political currents of the time. He became intrigued

with the influence contemporary culture had on

individual behavior: Did people shape society, or did

society shape people? He applied his interest in social

forces and human behavior to the study of crime and

justice. Graduating from college in 1968, he was accepted into the

first class of the newly opened program in criminal justice at the

State University of New York at Albany, where he earned both

his MA and PhD degrees. Dr. Siegel began his teaching career at

Northeastern University, where he was a faculty member for nine

years. He also held teaching positions at the University of Nebraska–

Omaha and Saint Anselm College in New Hampshire before being

appointed a full professor in the School of Criminology and Jus-

tice Studies at the University of Massachusetts, Lowell. Dr. Siegel

retired from full-time classroom teaching in 2015 and now teaches

exclusively online. He has written extensively in the area of crime

and justice, including books on juvenile law, delinquency, criminol-

ogy, criminal justice, corrections, and criminal procedure. He is a

court-certified expert on police conduct and has testified in numer-

ous legal cases. The father of four and grandfather of three, Larry

Siegel and his wife, Terry, now reside in Naples, Florida, with their

two dogs, Watson and Cody.

Therese J. Libby and Larry J. Siegel

ABOUT THE AUTHOR

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PART 1 Concepts of Crime, Law, and Criminology

Chapter 1 Crime and Criminology 2

Chapter 2 The Nature and Extent of Crime 30

Chapter 3 Victims and Victimization 64

PART 2 Theories of Crime Causation

Chapter 4 Rational Choice Theory 98

Chapter 5 Trait Theory 132

Chapter 6 Social Structure Theory 170

Chapter 7 Social Process Theory 210

Chapter 8 Social Conflict, Critical Criminology, and Restorative
Justice 248

Chapter 9 Developmental Theories: Life Course, Propensity,
and Trajectory 284

PART 3 Crime Typologies

Chapter 10 Violent Crime 318

Chapter 11 Political Crime and Terrorism 366

Chapter 12 Economic Crimes: Blue-Collar, White-Collar,
and Green-Collar 404

Chapter 13 Public Order Crimes 444

Chapter 14 Crimes of the New Millennium: Cybercrime and Transnational
Organized Crime 488

Brief Contents

v

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.

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Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.

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Preface xv

PART 1

Concepts of Crime, Law,
and Criminology

CHAPTER 1

Crime and Criminology 2

What Criminologists Do: The Elements
of Criminology 4
Criminal Statistics/Crime Measurement 4

Sociology of Law/Law and Society/Sociolegal Studies 5

Developing Theories of Crime Causation 6

Explaining Criminal Behavior 7

Penology: Punishment, Sanctions, and Corrections 7

Victimology 8

A Brief History of Criminology 8
Classical Criminology 9

Positivist Criminology 9

Sociological Criminology 10

Conflict Criminology 11

Developmental Criminology 12

Contemporary Criminology 12

Deviant or Criminal? How Criminologists
Define Crime 13
Becoming Deviant 14

The Concept of Crime 15

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Profiles in Crime
A SHOOTING IN FERGUSON 16

A Definition of Crime 17

Criminology and the Criminal Law 17
Common Law 18

Contemporary Criminal Law 18

The Evolution of Criminal Law 19

Criminology and Criminal Justice 19
The Criminal Justice System 20

The Process of Justice 21

Policies and Issues in Criminology
HATE CRIME IN GEORGIA 23

Ethical Issues in Criminology 24

CHAPTER 2

The Nature and Extent
of Crime 30

Primary Sources of Crime Data 32
Official Records: The Uniform Crime Report 32

NIBRS: The Future of the Uniform Crime Report 35

Survey Research 35

The National Crime Victimization Survey (NCVS) 35

Self-Report Surveys 36

Evaluating Crime Data 38

Crime Trends 39
Contemporary Trends 40

Trends in Victimization 41

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viii CONTENTS

Policies and Issues in Criminology
INTERNATIONAL CRIME TRENDS 42

Policies and Issues in Criminology
EXPLAINING TRENDS IN CRIME RATES 44

What the Future Holds 46

Policies and Issues in Criminology
ARE IMMIGRANTS CRIME PRONE? 47

Crime Patterns 48
Place, Time, Season, Climate 48

Co-Offending and Crime 49

Gender and Crime 49

Race and Crime 51

Use of Firearms 52

Social Class and Crime 53

Unemployment and Crime 54

Age and Crime 54

Chronic Offenders/Criminal Careers 55
What Causes Chronicity? 56

Implications of the Chronic Offender Concept 56

CHAPTER 3

Victims and Victimization 64

The Victim’s Role 66

The Costs of Victimization 66
Societal-Level Costs 66

Individual-Level Costs 67

Legal Costs of Victimization 69

Policies and Issues in Criminology
THE IMPACT OF WRONGFUL CONVICTIONS ON
CRIME VICTIMS 70

The Nature of Victimization 72
The Social Ecology of Victimization 72

The Victim’s Household 73

Victim Characteristics 73

Policies and Issues in Criminology
ELDER VICTIMS 74

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Victims and Their Criminals 78

Theories of Victimization 78
Victim Precipitation Theory 78

Lifestyle Theories 79

Deviant Place Theory 81

Routine Activities Theory 82

Caring for the Victim 84
Victim Service Programs 85

Victims’ Rights 89

Victim Advocates 89

Self-Protection 89

PART 2
Theories of Crime Causation

CHAPTER 4

Rational Choice Theory 98

Development of Rational Choice
Theory 100

Concepts of Rational Choice 101
Evaluating the Risks of Crime 101

Offense-Specific/Offender-Specific 102

Structuring Criminality 103

Structuring Crime 104

Is Crime Truly Rational? 106
Is Drug Use Rational? 106

Profiles in Crime
PLANNING TO STEAL 107

Is Violence Rational? 108

Is Hate Crime Rational? 108

Is Sex Crime Rational? 109

Analyzing Rational Choice Theory 109

Situational Crime Prevention 110
Crime Prevention Strategies 111

Evaluating Situational Crime Prevention 113

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.

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ixCONTENTS

General Deterrence 114
Perception and Deterrence 114

Marginal and Restrictive Deterrence 114

Punishment and Deterrence 115

Policies and Issues in Criminology
DOES THE DEATH PENALTY DISCOURAGE
MURDER? 116

Evaluating General Deterrence 118

Specific Deterrence 119
Toughen Punishment? 119

Incapacitation 120

Policies and Issues in Criminology
RACIAL DISPARITY IN STATE PRISONS 122

Criminal Justice and Rational
Choice Theory 123

Police and Rational Choice Theory 123

Courts, Sentencing, and Rational Choice Theory 123

Corrections and Rational Choice Theory 124

CHAPTER 5

Trait Theory 132

Development of Trait Theory 134

Contemporary Trait Theory 135
Individual Vulnerability vs. Differential

Susceptibility 136

Biological Trait Theories 136
Biochemical Conditions and Crime 137

Neurophysiological Conditions and Crime 139

Genetics and Crime 142

Evolutionary Views of Crime 143

Psychological Trait View 144
The Psychodynamic Perspective 145

The Behavioral Perspective: Social Learning Theory 145

Policies and Issues in Criminology
VIOLENT MEDIA/VIOLENT BEHAVIOR? 146

Cognitive Theory 149

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Personality and Crime 150

Policies and Issues in Criminology
CRIMINAL SUSCEPTIBILITY 151

Psychopathic/Antisocial Personality 151

Profiles in Crime
THE ICEMAN: A TRUE SOCIOPATH 153

Intelligence and Criminality 154

Mental Disorders and Crime 155
Crime and Mental Illness 155

Profiles in Crime
ADAM LANZA AND THE NEWTOWN MASSACRE 157

Evaluation of Trait Theory 157

Social Policy and Trait Theory 158

Policy and Issues in Criminology
COGNITIVE BEHAVIORAL THERAPY 159

CHAPTER 6

Social Structure Theory 170

Economic Structure and American Society 172
Living in Poverty 172

Child Poverty 173

Minority Group Poverty 173

Problems of the Lower Class 174

Social Structure and Crime 175

Policies and Issues in Criminology
LABOR’S LOVE LOST 176

Social Structure Theories 177

Social Disorganization Theory 177
The Work of Shaw and McKay 178

The Social Ecology School 180

Collective Efficacy 183

Strain Theories 186
Theory of Anomie 186

Institutional Anomie Theory 187

Relative Deprivation Theory 188

General Strain Theory (GST) 189

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.

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Cultural Deviance Theory 192
Focal Concerns 192

Policies and Issues in Criminology
THE CODE OF THE STREETS 194

Theory of Delinquent Subculture 195

Theory of Differential Opportunity 197

Social Structure Theory and Public Policy 198
Broken Windows 199

CHAPTER 7

Social Process Theory 210

Institutions of Socialization 213
Family Relations 213

Educational Experience 215

Peer Relations 216

Religion and Belief 217

Social Learning Theories 218
Differential Association Theory 218

Profiles in Crime
THE AFFLUENZA CASE 221

Differential Reinforcement Theory 222

Neutralization Theory 222

Policies and Issues in Criminology
WHITE-COLLAR NEUTRALIZATION 225

Evaluating Learning Theories 226

Social Control Theory 226
Hirschi’s Social Control Theory 226

Testing Social Control Theory: Supportive Research 228

Critiquing Social Control Theory 229

Social Reaction (Labeling) Theory 230
Consequences of Labeling 231

Primary and Secondary Deviance 233

Criminal Careers 233

Differential Enforcement 234

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Long-Term Effects of Labeling 234

Is Labeling Theory Valid? 235

Social Process Theory and Public Policy 236

CHAPTER 8

Social Conflict, Critical
Criminology, and Restorative
Justice 248

Origins of Critical Criminology 250
Critical Criminology in the United States 252

Contemporary Critical Criminology 253

How Critical Criminologists
Define Crime 253

How Critical Criminologists View the Cause
of Crime 254
Failing Social Institutions 255

Globalization 255

State-Organized Crime 257

Policies and Issues in Criminology
ARE WRONGFUL CONVICTIONS A STATE
CRIME? 260

Instrumental vs. Structural Theory 261
Instrumental Theory 261

Profiles in Crime
RUSSIAN STATE-ORGANIZED CRIME 262

Structural Theory 263

Research on Critical Criminology 263
Race and Justice 263

Alternative Views of Critical Theory 264
Left Realism 264

Policies and Issues in Criminology
LEFT REALISM AND TERROR 265

Critical Feminist Theory: Gendered Criminology 266

Power–Control Theory 269

Peacemaking Criminology 270

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x CONTENTS

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.

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Critical Theory and Public Policy: Restorative
Justice 271
The Concept of Restorative Justice 271

Reintegrative Shaming 272

The Process of Restoration 273

The Challenge of Restorative Justice 276

CHAPTER 9

Developmental Theories:
Life Course, Propensity,
and Trajectory 284

Foundations of Developmental Theory 286
Three Views of Criminal Career Development 287

Population Heterogeneity vs. State Dependence 288

Life Course Theory 289
Age of Onset 290

Problem Behavior Syndrome 291

Continuity of Crime 291

Age-Graded Theory 292

Policies and Issues in Criminology
HUMAN AGENCY, PERSONAL ASSESSMENT, CRIME,
AND DESISTANCE 296

Social Schematic Theory (SST) 297

Policies and Issues in Criminology
SHARED BEGINNINGS, DIVERGENT LIVES 298

Latent Trait/Propensity Theory 300
Crime and Human Nature 300

General Theory of Crime (GTC) 301

Trajectory Theory 304
Age and Offending Trajectories 304

Personality and Offending Trajectories 305

Chronic Offe

Criminal homework help

Writing Center in Broken Arrow

Committed to Creating Stronger Writers in all Disciplines

BALB 106

www.nsuok.edu/wcba

APA Reference List and Reference Examples

(Chapters 9 & 10 in the Publication Manual)1
A reference list provides a reliable way for readers to identify and locate the works cited
in your paper. In general, each work cited in the text must appear in the reference list,
and each work in the reference list must be cited in the text.

Exceptions that do not need a reference list entry are the following:

▪ personal communications
▪ general mentions of websites and periodicals
▪ common software and apps
▪ quotations from research participants in your own study (Publication

Manual, Sections 2.12 and 8.4)

The reference elements are placed in a specific order: Who? (Who is responsible for or
the creator of this source?) When? (When was this source created or published?)
What? (What is the name or title of this source?) Where? (Where is this source
located?)

Tips for creating an accurate reference list following APA 7th edition guidelines:

• All sources on your reference list will have elements that answer the Who?
When? What? and Where? questions—it does not matter whether the source is a
webpage, a journal article, a book, or a government report. Record the answers
to each of these questions for every source you collect—at the moment you find
it!

• You can often find this information on the title page of a journal article or on the
copyright page of a book. On webpages, you might see a suggested citation.

• If you are researching online through the NSU Library, look for the “Cite” icon for
the sources on your results list. Click on it to select APA 7th edition for your
source and copy the suggested citation into your paper. Always check the
suggested citation for missing information and for incorrect formatting.

• Citation generators are a good tool; they can help you fill in these elements and
get the bare bones of the citation. However, use with caution and always check
the suggested citation against the Publication Manual to ensure proper APA 7th
edition formatting is being applied.

1 Source for all guidelines:
American Psychological Association. (2020). Publication manual of the American

Psychological Association (7th ed.). https://doi.org/10.1037/0000165-000

To format the reference list:

• The reference list will have the label References that is in bold font and placed
1” from the top of the page.

• Start the reference list on a new page.

• Continue the page numbering from the last page of text.

• Alphabetize the reference list by the last name of the first author of each work.

• Double space the reference list (both within and between entries); do not add
additional spaces between entries.

• Apply a hanging indent to your references. A hanging indent can be formatted
from the Paragraph dialog box in Microsoft Word.

Reference examples

The examples below illustrate how to format common types of references. These
examples are not exhaustive. Consideration of the Who? When? What? Where?
elements and answering those questions will allow you to create a reference for any
type of work, even if you do not see a specific example from the Publication Manual that
matches your source (Section 9.4). Note: All examples are given in single-spaced text.
In application, APA papers will use double-spacing.

Journal Article (Section 10.1, #1)
Salgado, J. F., Moscoso, S., & Berges, A. (2013). Conscientiousness, its facets, and the

prediction of job performance ratings: Evidence against the narrow measures.
International Journal of Selection & Assessment, 21(1), 74–84.
https://doi.org/10.1111/ijsa.12018

Book (Section 10.2, #21)
Jensen, E. (2008). Brain-based learning: The new paradigm of teaching (2nd ed.).

Corwin Press.

Report (Section 10.4, #50)
Roberts, D. J. (2006). Law enforcement tech guide for creating performance measures

that work: A guide for executives and managers (Accession Number 022217).
U.S. Department of Justice. https://nicic.gov/law-enforcement-tech-guide-
creating-performance-measures-work-guide-executives-and-managers

Webpage on a Website (Section 10.16, #110)
Strogatz, S. (2019, March 14). Pi Day: How One irrational number made us modern.

The New York Times. https://www.nytimes.com/2019/03/14/science/pi-math-
geometry-infinity.html

YouTube Video (Section 10.12, #90)
Clark, C. (2016, December 12). Strategies for adding and subtracting decimals [Video].

YouTube. https://www.youtube.com/watch?v=ZliWiU-6UpQ

Authors’ names are inverted (last name first); give the last name and initials for all
authors of a particular work.

Use sentence case capitalization for titles. Use italics for stand-alone works.

Most references do not need retrieval dates.

Criminal homework help

Running Head: CHILD ABUSE

CHILD ABUSE

Child Abuse

Savannah Carter

Dr. Russell CRIJ 3382 P01

March 3, 2022

Abstract

The acts of unfair treatment against children are on the rise both in developed and developing economies. Most of the child abuse cases go unreported since the cases are usually undercover. Some of the common child abuse cases include sexual harassments, rapes, physical violence that inflict injuries on their bodies, and neglect, leading to emotional and psychological tortures. The researcher has focused on the issue of child abuse to provide details regarding types of child abuse, identification of the cases of the same, and offer policy recommendations to alleviate the issue. The researcher will conduct a literature review of the past works in the same area and offer insights on how the current research finding concurs or differs from the findings of these works. The research data and literature will be gathered from published works, government records, health departments, and others. The data will be further analyzed to get appropriate trends in child abuse and draw conclusions on the matter. The research sample and populations will be determined via a convenience method sampling mechanism and a sample of at least 30 individuals will be used. The researcher will further offer recommendations for future actions and policy changes to amicably handle the issue. 

Introduction

Child abuse is unfair treatment of children either sexually, psychologically, or physically. The issue is a matter of concern to every stakeholder, including healthcare and law enforcement. Child abuse cannot be ignored since it has a long-lasting effect on the growth and development of a child. Child abuse is a severe problem in many societies (Schneider, Waldfogel & Brooks-Gunn, 2017). Sometimes child abuse is conducted by outsiders and by the biological parents of a child. Many forms of child abuse are common in almost every country and include mental abuse, exploitation, physical abuse, abandonment, and sexual abuse. This assignment aims to provide evidence-based information to create awareness of various types of child abuse, identify cases of child abuse, and recommend the best method to reduce the barbaric practice across the globe.

Literature review

Based on Yang et al. (2013), the child is more likely to experience abuse from the immediate family members. The parents should be at the forefront to fulfill their parental responsibilities. Before the government institutions provide recommendations on ways to prevent child abuse, the parents should first act in the best interest of their children. Smith et al. (2014) indicate that government institutions from various countries have policies and laws that ensure maximum protection of children from abuse from any individual, including parents. Based on the authors, parents continue to abuse their children since they believe that they have the final say on the discipline and the life of a child. According to the authors, the most common law that has shown a lot of contribution to protecting a child’s life is the United Nations Convention on the Rights of the Child (UNCRC). The UNCRC protects a child from all forms of abuse, including abandonment by parents, sexual harassment, and physical violence.  

Based on the article written by Morin, 2019, is that parents carry the more considerable blame for the psychological abuse of their children. Psychological abuse is also known as emotional abuse. Children are mainly affected psychologically when parents and caregivers use excessive physical punishment on their children. Various forms of abuse can be initiated by parents and include manipulations, terrorizing and isolation, ignoring them, and rejecting them. Sugaya et al. (2012) believe that physical abuse has a long-lasting effect on the growth and development of children. The physical abuse includes burns and fractures. Some parents punish their children excessively, sometimes even burning and fracturing them.

Sexual abuse is also a common method to violate a child’s rights. Sexual harassment includes rape, touching a child’s genital parts, forcing a child to touch an adult’s genital parts, sexual exploitation, and having intercourse with a child (Murray, Nguyen & Cohen, 2014). The authors also indicate that a child is more likely to be exposed to sexual abuse by close family members. (Mathews, Pacella, Dunne, Simunovic & Marston, 2020) indicates that child neglect is a form of child abuse. There is various type of neglect as a form of child abuse. The most common type of negligence is physical, where many parents leave their children without food, clothing, and shelter. On the other hand, educational neglect is when parents fail to provide education support, such as buying school uniforms and paying the school fees. The authors indicate that emotional neglect is when parents fail to support and love their children, mainly when they are sick in a particular abnormal challenge. 

Gaps and possible research questions

In most cases, the adults understand the repercussion of child abuse, but the children older enough to know their rights lack enough information on where they can report when they are abused (Bartlett, Kotake, Fauth & Easterbrooks, 2017). How can children know their rights, and where can they report when their rights are violated? Future researchers should concentrate comprehensive information on laws and policies that facilitate awareness of children about their rights. Secondly, most of the rules are general, such as UNCRC. How can human rights activists and children access laws that specifically address child abuse? Future researchers should be aggressive and proactive in investigating specific laws that protect a child. For instance, the researchers should categorize various laws and address laws that prevent parents from using excessive force when punishing their children.

There is a huge gap between the collaboration between the law enforcers and medical interventions when protecting children from any abuse. The law enforcers should access information from the healthcare professionals regarding children abuse. The lawbreakers should be prosecuted based on the clinical evidence provided by doctors and nurses regarding physical and emotional damage to a child due to misuse.

Proposed study

Purpose of the study

For the last ten years, the world has recorded increased child abuse cases from the statistic that has been corrected from various units, indicating that the graph has been positively glowing. This challenge needs deliberation group policy development and review of existing regulations in the wider view. By so doing, various stakeholders realize the benefit of filling in the niche, increasing this challenge. Hypothetically, increased child abuse has been recorded by the world Health care organization as a form of maltreatment when to a lack of comprehensive care tells the children (Chen et al., 2019). 

In some quick facts outlined by the world Health care organization, 100 million children aged between two and four years have regularly suffered from physical punishment and psychological violence from their parents and their respective caregiver. One hundred twenty million girls and young women who are years of age have also suffered from first sexual contact. Consequently, children’s treatment has led to impaired physical and mental health-related challenges for long life. Therefore, these have negatively affected social and occupational outcomes that have ultimately slowed down the country’s economic and social development status.

The various questions should be examined and outlined positively to help manage this challenge. In the wider view, we should be able to analyze the form of exposure of the consequences of child abuse and various forms of child abuse and the effects. It should outline and be itchy checked on both physical injury and anxiety that it can lead to (Donnelly, 2021). In major cases, every such framework will outline the effect of toxic stress associated with early childhood abuse and permanent impairment of brain development damage. On the same note, it will outline the nervous system and the worst victims healing from this kind of torture in the world.

In the second set of analyses, we will outline and focus on the role of policy development and its protection against violence against children right. This includes the rule of the convention of rights of the child and the sustainable goal development organization that reassures the country’s commitment to end violence against children. This research framework will outline the role of UNICEF in its effort to partner with the government in the worldwide organization to prevent and respond to violence against children in all extended contexts. This assessment will also assess the role of the government and the justice system alongside other social services. In a rational-based evaluation, the research will evaluate and outline increased cases of murder and the relationship between the torturing of the boy shot alongside a girl. In most cases, the proposed study introduces Christchurch to the gun show despite the successful rehabilitation and control measures. Therefore, the research will outline the reason behind our respective frameworks that should be put in place.

Methods

The method section will outline the participants of the research, the designs that will be involved, and the materials that will be put during the data collection process. Sure active participation in the research process and gaining a significant response will be used to make the right and utmost decision. When these measures are put in place, a considerable process will be realized when developing strategies to reduce child abuse and negligence that has continued to increase. It will also assess the improved parental capacity and their role in extending the child welfare program.

In the research framework, an interview process where participants were interviewed and answered some complex questions on child abuse and some response framework that should be put in place (Nurse, 2021). On the same note, used questionnaire interviewees what required to feel some parts having restricted questions having exclamatory questions where they answered the question in detail. The research participants were 30 in number examined from various regions where child labor has increased greatly (Patterson, 2020). This defined analysis of the extent of quality assurance and improvement strategies should be put in place to realize a practical child welfare program that eliminates conflict burnout and increased workload with a poor organizational culture.

Research Design

The large component of the research will take a qualitative analysis, and a secondary data analysis approach will be done. These include analyzing electronic shared materials and then sending them back to the same channel where they were initialized. Some of the data correction models and strategies used include the case studies and checklist. Besides that, making some quick observations help the group in focusing on analysis parameters. Carrying out a survey and documentation analysis will help collect data recorded in various offices whose primary role is to focus on and create a sustainable environment for children. It will help make the right assessment and find data that can be implemented in cases of child abuse in the world.

The data correction model will follow a step-by-step basis which will begin by assessing the most affected areas and then sending teams that will collect data from the respective process. On the same note, the step-by-step participation process will be child offices, and the government of these cases will be recorded.

Data Collection Tools

The various models will be used to collect data and make the right response framework. In this case, they include using an online platform where forms will be shared and responses will be analyzed before making the right attribute and conclusions (Patterson, 2020). On the same note, we will have some questionnaires that will be used to gather data and make some assessments. The quality, in this case, will play a major role in making the right response framework and extended decision.

Implications

The study will positively contribute to the development of better policies that will curb the rising challenges of child abuse. This study will play a critical role in offering recommendations on the various actions that can be embraced to enhance the efficiency of the contemporary child protection policies and how the governments can intervene in the process of implementing future policies (Ryan, 2021). The study will be a critical source of literature review for future learners interested in furthering explorations in the area of child abuse. The author will further provide insights into the current status of child abuse in the USA and globally as the research will offer a clearer picture of the height of the matter through the outcomes of the data analysis, a discussion of the causes of the challenges, and the amicable strategies of overcoming the same including its adverse effects on the victims and the society.

Limitations of the study

Some of the primary limitations evident in the research process include that the sample utilized was limited to 30 participants and may not adequately depict the true picture of the issue of child abuse in the larger society both in America and globally. The researcher has focused on the already available child abuse data in the government offices yet in most cases, the child abuse cases go unreported (Tener, Newman, Yates, & Tarshish, 2020). The researcher has left out the most affected regions such as the areas with a higher percentage of low-class individuals which I believe would give a clearer picture of the child abuse issue. Finally, the researcher has utilized fewer sources of past research materials in the literature review which might limit his capacity to gather adequate details regarding the past arguments in the area.

Conclusion and future directions

The government official from the department of children writes you should establish community-based education to create child abuse awareness in areas with high child abuse cases. The education program will enable individuals to have the courage to report people who abuse a child to the relevant authorities. Parents should be actively involved in setting policies that guarantee child protection. It is critical to impose high penalties, fines, and jail terms for individuals violating children’s rights. Child trauma is likely to affect a child even in their adult age. We must protect children from all forms of abuse to create a better society in the future. The researchers should consider focusing on the factors that contribute to child abuse such as cultural beliefs and practices and consider going beyond the boundaries of the united states of America and focus on the issues as a global challenge.

Appendix

Research questions

What is infant abuse?

Are there exceptional varieties of baby abuse?

What do I do if I suspect baby abuse/forget?

What if I am witnessing toddler abuse?

Who do I name?

What do child protection offerings do?

What takes place if child safety becomes involved with my own family?


References

Bartlett, J. D., Kotake, C., Fauth, R., & Easterbrooks, M. A. (2017). Intergenerational transmission of child abuse and neglect: Do maltreatment type, perpetrator, and substantiation status matter?. Child abuse & neglect, 63, 84-94.

Chen, Y., Chuang, C., & Chiu, Y. (2019). Community detection based on social interactions in a social network. Journal of the Association for Information Science and Technology65(3), 539-550. 
https://doi.org/10.1002/asi.22986

Donnelly, E. (2021). Depression among users of social networking sites (SNSs): The role of SNS addiction and increased usage. Journal of Addiction and Preventive Medicine02(01). 
https://doi.org/10.19104/japm.2016.107

Mathews, B., Pacella, R., Dunne, M. P., Simunovic, M., & Marston, C. (2020). Improving measurement of child abuse and neglect: A systematic review and analysis of national prevalence studies. PLoS one, 15(1), e0227884.

Morin, A. (2019). How to Recognize If a Child Is Emotionally Abused. Retrieved 5 August 2019, from
https://www.verywellfamily.com/what-is-emotional-child-abuse-4157502

Murray, L. K., Nguyen, A., & Cohen, J. A. (2014). Child sexual abuse. Child and Adolescent Psychiatric Clinics, 23(2), 321-337.

Nurse, A. M. (2021). Confronting child sexual abuse: Knowledge to action. University of Michigan Press.

Patterson, R. (2020). Child abuse: Implications for child development and psychopathology. Child Abuse & Neglect15(4), 602. 
https://doi.org/10.1016/0145-2134(91)90046-g

Ryan, M. M. (2021). The United States government internet directory 2021. Rowman & Littlefield.

Schneider, W., Waldfogel, J., & Brooks-Gunn, J. (2017). The Great Recession and risk for child abuse and neglect. Children and youth services review, 72, 71-81.

Smith, A. L., Cross, D., Winkler, J., Jovanovic, T., & Bradley, B. (2014). Emotional dysregulation and negative affect mediate the relationship between maternal history of child maltreatment and maternal child abuse potential. Journal of Family Violence, 29(5), 483- 494.

Sugaya, L., Hasin, D. S., Olfson, M., Lin, K. H., Grant, B. F., & Blanco, C. (2012). Child physical abuse and adult mental health: a national study. Journal of traumatic stress, 25(4), 384- 392.

Tener, D., Newman, A., Yates, P., & Tarshish, N. (2020). Child advocacy center intervention with sibling sexual abuse cases: Cross-cultural comparison of professionals’ perspectives and experiences. Child Abuse & Neglect, 105, 104259. doi:10.1016/j.chiabu.2019.104259

Yang, B. Z., Zhang, H., Ge, W., Weder, N., Douglas-Palumberi, H., Perepletchikova, F., … & Kaufman, J. (2013). Child abuse and epigenetic mechanisms of disease risk. American journal of preventive medicine, 44(2), 101-107.

Criminal homework help

Instructions

For this assignment, select one of the following theories about sexual aggression towards individuals:

· sexual motivation,

· socialization,

· machoism,

· biological factors, and

· psychological forces.

Then, conduct research about the theory you selected, and report your findings. Explain the impact this theory has on a diverse society. Mention any cultural and social factors that may have contributed to the theory.

Conclude your research with a summary of the current laws regarding sexual aggression. State your opinion of how the laws illustrate the development from a victim justice system towards a criminal justice system.

Your paper must be three pages in length, not including title or references pages. Adhere to APA Style when constructing this assignment, including in-text citations and references for all sources that are used. Please note that no abstract is needed.

Criminal homework help

MODULE 8: CONDITIONS OF CONFINEMENT, PREA, and CRIPA

LISTEN TO: COMMENTARY ON MODULE 8

READ:

1. Chapter 8 in the textbook (you also read this chapter for Module 7) AND Chapter 11 in the textbook pages 235-248.

1. “Texas Prisons Stop Using Solitary Confinement, but Thousands Kept in Administrative Segregation,” (1/4/2021) in Prison Legal News:
https://www.prisonlegalnews.org/news/2018/jul/6/texas-prisons-stop-using-solitary-confinement-punishment-thousands-kept-administrative-segregation/

1. “Texas Prisons Lead the Nation in Long-Term Solitary Confinement,” (10/10/2018) in The Texas Observer: https://www.texasobserver.org/texas-prisons-lead-the-nation-in-long-term-solitary-confinement/

1. “The SHU,” (7/26/2017) Ear Hustle podcast (31 minutes): https://www.earhustlesq.com/episodes/2017/7/26/the-shu?rq=solitary

1. “California is Ordered to Cut its Prison Population,” (5/23/2011), National Public Radio (4 minutes): https://www.npr.org/2011/05/23/136579580/california-is-ordered-to-cut-its-prison-population

1. American Civil Liberties Union (ACLU) Summary of the PLRA:

https://www.aclu.org/sites/default/files/images/asset_upload_file79_25805.pdf

6) Administrative Segregation in U.S. Prisons, Executive Summary National Institute of Justice https://www.ojp.gov/pdffiles1/nij/249750.pdf

7) The website for the National PREA Resource Center: https://www.prearesourcecenter.org/about/prison-rape-elimination-act

Read about the passage of the PREA in 2003 and the various components of the legislation.

8) The website for the United States Department of Justice Rights of Persons Confined to Jails and Prisons: https://www.justice.gov/crt/rights-persons-confined-jails-and-prisons

Read about the authority that The Civil Rights of Institutionalized Persons Act (CRIPA) gives to the Justice Department’s Civil Rights Divisions to investigate conditions in prisons and jails.

9) Investigation of the Lowell Correctional Institution – Florida Department of Corrections : file:///C:/Users/Administrator/Documents/Legal%20aspects%20of%20corrections%20f2021/federal%20cripa%20report%202020.pdf

This 34-page report describes a CRIPA investigation into allegations of sexual abuse of prisoners by the institution’s staff. It’s a good example of how CRIPA, the Supreme Court’s interpretation of the Eighth Amendment, and the PREA all work together when analyzing allegations of sexual abuse against inmates. The report analyzes a tragic and awful set of circumstances under a legal lens.

WATCH:

10) National Geographic film (5 minutes) about life in the Special Housing Unit at Pelican Bay Prison in California: https://www.youtube.com/watch?v=Q7ajzsh-i54

Module 8 Assignment (due 3/27, no later than 11:59 pm)

Worth a maximum of 22.5 points toward the final grade

QUESTION 1:

Prisoners housed in the state prison located in Middle Town America have filed a lawsuit alleging that their living conditions violate the Eight Amendment of the U.S. Constitution. They have complied a list of several issues that together the prisoners allege are unconstitutional: unsanitary cellblocks that attract bugs, blankets that are too thin and do not provide enough warmth in during cold weather days, correctional officers who ignore their requests to be allowed to go to the unit’s infirmary when they are ill, correctional staff who use threats of violence when they ask for basic things like toilet tissue, toilets that overflow on an almost daily basis, and dormitories that house an overflow of prisoners. Based on Wilson v. Seiter, what do the prisoners have to prove in order to prevail? 1 page minimum, double-spaced.

QUESTION 2:

Inmate Jenkins has filed his 4th lawsuit against the warden at Starburst Prison where Jenkins is housed. Jenkins complains in his 4th lawsuit that fresh fruit is never served in the inmate chow hall. Does the PLRA impact his lawsuit? Focus on the PLRA! Explain how specific sections of the PLRA impact Jenkins’ lawsuit. One page minimum, double-spaced.

QUESTION 3:

The use of SHUs (special Housing units, aka administrative segregation, restrictive housing) is very controversial. You read earlier about the classification of prisoners into SHU housing. You are a correctional warden of a maximum security unit that houses offenders who have assaulted correctional staff and/or other inmates. Make the argument that SHU housing is necessary. Explain why. Then make the argument that SHU housing should be eliminated or drastically restricted. Argue BOTH sides! Let me know in your answer that you listened to the Ear Hustle episode, watched the youtube video, and read the short articles under the reading requirements. How do you let me know? Mention the title of the article, podcast, and video and why they offer information that is relevant to your answer. 1 ½ page paragraph minimum.

QUESTION 4

Open the link for Implementation at the top of the homepage for the National PREA Information Center (#8 in the required reading list for this Module). From there, open the link for Prison and Jail Standards. Notice there are 12 “chapters,” each covering a specific area involving implementation of the PREA. Congress created the National Prison Rape Elimination Commission to draft standards that correctional facilities must follow to implement the requirements of the PREA. From the first 10 “chapters” that are found under the Prison and Jail Standards, chose one standard from three DIFFERENT chapters that you found most interesting/confusing/controversial and explain in your words: the standard and why you chose to write about it. To clarify: you only have to discuss THREE standards total, but each of those THREE must come from a different chapter.

Some of the standards are complicated with multiple parts. Summarize the most important requirements of the three standards you selected.

Be careful not to be too brief in your answer. Show me that you did not wait until the last minute to do the assignment!!

QUESTION 5

Describe in your own words what CRIPA allows the Attorney General to and how that office goes about its work. 2 paragraph minimum of your own words!!! (no plagiarism – do not “copy” the website and no quotes).

QUESTION 6

The majority of Section IV of the investigation report about the Lowell Correctional Center describes evidence of the specific acts of sexual abuse, the failure to implement systems to deal with such abuse, and the authorities at the prison who knew about but disregarded the abuse. Make sure you read about (or skim) the evidence provided in those pages of the report. The evidence is shocking!

Question 2 focuses on Section IV. A.1. “Staff Sexual Abuse of Lowell Prisoners Violates Prisoners’ Constitutional Rights” (pp, 4 -8). In your own words (that includes no quotes) explain how the report concludes that the sexual abuse at Lowell constituted a violation not just of the Prison Rape Elimination Act but also of the Eighth Amendment. Do not be brief! DIG IN.

Notice that it is not sufficient to conclude simply that shocking facts automatically = constitutional violations. Legal analysis applies legal doctrines and previous decisions that have interpreted the Eighth Amendment to reach the conclusion that shocking facts amount to violations of the Eighth Amendment. Question 6 asks you to follow the steps of that analysis. 1 page minimum.

Criminal homework help


CCJ 323: JUVENILE DELINQUENCY


RESEARCH PAPER FORMAT

Your research paper must address one or more aspects of juvenile delinquency. The central topic is one of your own choosing, but must involve an examination of a relevant problem relating to juvenile delinquency, theoretical considerations of the problem, empirical research into the causes, correlates, and controls, and specific, actionable recommendations for improvements drawn from your findings. Papers must be organized to include the following elements.

A.
TITLE PAGE
must include title of paper, name of course and course number, name of professor, your full name as student author and date of submission.

B.

ABSTRACT
provides a concise statement (up to 120 words) that identifies the topic, key concepts expressed in the form of questions or issues, the most important and significant research findings, overall conclusions and key recommendation[footnoteRef:1] The abstract is usually the final part of the paper you will write. [1: Please consult the American Psychological Association Publication Manual, or consult myself, or a member of the library staff for guidance.]

C.
INTRODUCTION
serves to introduce the reader to the subject and scope of your research paper by providing clear and concise statement of the specific questions and issues you will be addressing in the body of your paper. Tell the reader what specific questions your paper is trying to answer. In this section you should include data and information that describes and defines the nature, scope and extent of the problem or issue your topic addresses.

D.
EMPIRICAL RESEARCH
examines what is known in the scholarly and professional literature about the topic in question. This section organizes, summarizes, and presents insightful research covering the history, recent developments, and key concerns of the problems you are studying. Within the review of research, you must identify the known causes of your chosen topic, theoretical considerations, empirical examinations, and current efforts to address it. You should also consider what complications arise when trying to address the problem from a practical perspective.

E.
CONCLUSION(S) AND RECOMMENDATION(S)
that can be made based upon the empirical evidence and your analysis. Recommendations should include concrete actions intended to affect the prevention or control of the identified problem and/or improving functions, agencies, programs and/or policies concerned with the juvenile justice and/or delinquency prevention. Be sure to refer to the support, cited earlier in your paper, which motivates your arguments. You may also offer suggestions for future research on this topic.

F.
BIBLIOGRAPHY AND/OR REFERENCES
The paper will require reviewing current relevant empirical research literature and directly citing at least
five (5) separate, independent, professional, refereed journal articles, book chapters, formal studies
and other reputable sources from which
empirical
research findings were drawn in addressing and organizing your presentation. Empirical research studies, data and information may be retrieved from reputable web sources but must be fully and accurately sourced. Newspaper articles, Wikipedia and similar sources are
NOT
acceptable as one of the five (5) required cited sources. You will need to go to and use the library. So, go early and often!

Do’s and Don’ts

Papers must be prepared using APA format. They must be typed, doublespaced, using running headers and footers so that the title of the paper and a page number appears on each page. References and cited works should be identified in the form of footnotes. Although no upper limit is set on the number of pages the paper should contain, a good ruleofthumb would be to keep it to no less than 15 pages nor more than 30 pages in length (not counting the title page, abstract, and bibliography.)

In organizing your paper use major side captions and sub-captions to break up the sections or elements of the paper. For example, DO use major side captions for INTRODUCTION, EMPIRICAL RESEARCH, CONCLUSIONS AND RECOMMENDATIONS

DO use minor side captions within each of these sections to organize and distinguish material that applies to different questions or issues under a major caption. Use of major and minor side captions helps prevent run-on sentences and overly long paragraphs that might otherwise cause your reader to get lost or overwhelmed by detail.

DO use data and other forms of empirical support which you may summarize in tables, graphs, charts, illustrations, photographs and other visual references that directly help in communicating your information. DO NOT use these as “filler” as “boilerplate” material to stretch the page length of your paper.

DO use spell check and review grammar, sentence construction, and check for proper punctuation! It would be a smart idea to have a classmate or trusted friend read your paper or read it to you so that you may spot possible errors.

If you intend to request help from the Reference Librarians and folks in the Writing Center, be sure to begin the effort early in the semester and be considerate of the significant demands that are being made on the time and good nature of those who are trying to help you. DO NOT PROCRASTINATE! If you have not begun work on your paper by Spring Break you are at serious risk of difficulty completing your assignments.

Criminal homework help

SAMPLE PAPER ONLY USE AS A GUIDE FOR YOUR WORK

Human Rights Violations – Factors and Consequences

Legal experts on human rights argue that the increased receipt by states of international human rights onuses asserted in UN and regional treaties, reinforced by the jurisprudence of international and regional tribunals, accounts for the sizable advancement that has been made in the defense of human rights throughout the world. The resultant political significance of international human rights law and the international community’s growing expectation of compliance with that law explain why states engaging in large-scale human rights violations increasingly risk serious political and economic consequences for such practices. A state’s continuing non-compliance with its international human rights obligations tends also to lead to the gradual loss by its government of the national and international legitimacy it needs in order to govern, which may in time contribute to its fall (Donnelly, 2013). Various nation states more so on the developing countries have widened the gap for political aggression in which parties to leadership manipulate the constitution to justify their political clinging in offices.

By practicing the political aggression, citizens are denied their rights of free choice to election and thus absolute denial of participatory rights in leadership. The countries like Zimbabwe in Africa, Uganda, Libya, Democratic Republic of Congo have emerged on the forefront of political infringement of democracy and thus citizens suffers much from aggressive politics. In South Sudan, it has been a complete turmoil in settling the escalating conflicts between ethnic groups. The violation of individual autonomy to life is another occurrence identified by the United Nation’s charter on Human Rights. The convention for the declaration of death of people has been a threat to the human peaceful existence. Across the world, economic eradication has existed in the reduction of the human rights and in countries like Syria people are killed in continuous crisis of conflicts (Buergenthal, 2009).

The violation of human rights results to various suffering covering from the economic sanctions to various nations and exposure to hazardous lifestyles. Violation of human right has led to dictatorial governance, dirty politics and place of sanctions on rights of specific groups like the aborigines in the US and across the world. It also results into discrimination and unfair treatment in the participation on national development issues. Human rights and governance are intertwined with the violation of human rights leading to poor governance. In legal jurisprudence, justice dispensation remains a show case in the actions of handling cases and judicial autonomy.

References

Buergenthal, T. (2009). The contemporary significance of international human rights law. Leiden Journal of International Law, 22(02), 217-223.

Donnelly, J. (2013). Universal human rights in theory and practice. Cornell University Press.

Criminal homework help

COULnN’T IT TO MYSBLF
i\

WAIiLV LAMB
and the woiviesn of york
cokrisctionaIj institution
rElSTIIVIONIES FK01\I OUK I IVI PK ISO NE E) SISTtlKS f

ii

‘^ip

USA $24.95
CANADA $38.95

Wliat I hope is that people
reading this book will bear
in mind that we are htunan
beings first, inmates second.

—Bonnie Foreshaiv

In a stunning new work of insight and hope,

New York Times bestselling author Wally
Lannb once again reveals his unmatched

talent for finding the humanity in the lost

and lonely and celebrates the transforming

power of the written word.

For the past several years, Lamb has
taught writing to a group of women prison-
ers at York Correctional Institution. At first

mistrustful of Lamb, one another, and the

writing process, over time these students

let down their guard, picked up their pens,

and discovered their voices. In this unfor-

gettable collection, the women of York
describe in their own words how they were

imprisoned by abuse, rejection, and their

own self-destructive impulses long before

they entered the criminal justice system.

Yet these are stories of hope, humor, and

triumph in the face of despair. Having used

writing as a tool to unlock their creativity

and begin the process of healing, these

amazing writers have left victimhood

behind.

In his powerful introduction, Lamb de-
scribes the incredible journey of expression

and self-awareness the women took through
their writings and shares how they chal-

lenged him as a teacher and as a fellow

author. In “Hair Chronicles,” Tabatha Rowley

tells her life history through her past hair-

styles—outer signals to the world each time

she reinvented herself and eventually came

to prize her own self-worth. Brenda Medina

admits in “Hell, and How I Got Here” that
she continued to rebel in prison until her

parents’ abiding love made her realize that

her misbehavior was hurting them and

herself deeply. In “Faith. Power, and Pants,”

(continued on backflap) 0203

COULDN’T KISEP IT TO IWEYSESLF

llllllllllllllll

COULriN’T KEllESP IT TO IVIYSELP

VLTALLiY ImAJMLU
AND THIS WOMEN OF YORK
COKKECTIONAL INSTITUTION
TESTIMONIES FROM OUR IMPRISONED SISTERS

tin

ReganBooks
An Imprint of HiTperCoWxnsPubltiher

All contemporary photographs of the women by Richard Roselle. All childhood photo-
graphs courtesy of the authors.

A continuation of the copyright page appears on page 352.

couldn’t keep it to myself. Collection copyright © 2003 by Wally Lamb. All rights reserved.
Printed in the United States of America. No part of this book may be used or reproduced
in any manner whatsoever without written permission except in the case of brief quota-

tions embodied in critical articles and reviews. For information address HarperCollins

Publishers Inc., 10 East 53rd Street, New York, NY 10022.

HarperCollins books may be purchased for educational, business, or sales promotional
use. For information please write: Special Markets Department, HarperCollins Publish-

ers Inc., 10 East 53rd Street, New York, NY 10022.

FIRST EDITION

Designed by Kelly Hitt

Printed on acid-free paper

Library of Congress Cataloging-in-Publication Data

Couldn’t keep it to myself: testimonies from our imprisoned sisters/Wally Lamb

and the Women of York Correctional Institution,
p. cm.

ISBN 0-06-053429-X

1. Prisoners’ writings, American—Connecticut. 2. Women prisoners—Connecticut.
I. Lamb, Wally. II. Women of York Correctional Institution.

PS548.C8 C68 2003

810.8’09287’086927—dc21

2002036869

03 04 05 06 07 WB/RRD 10 987654321

For Diane Bartholomew, who left behind a legacy of words

CONTENTS

ix ACKNOWLEDGMENTS

xi NOTES TO THE READER ~ Wally Lamb

1 COULDN’T KEEP IT TO OURSELVES ~ Wally Lamb

19 THE TRUE FACE OF EARTH ~ Nancy Whiteley

53 ORBITING IZZY ~ Nancy Whiteley

65 THEFTS ~ Carolyn Ann Adams

95 HAIR CHRONICLES ~ Tabatha Rowley

113 THREE STEPS PAST THE MONKEYS ~ Nancy Birkla

143 HELL, AND HOW I GOT HERE ~ Brenda Medina

177 CHRISTMAS IN PRISON ~ Robin Cullen

185 FAITH, POWER, AND PANTS ~ Bonnie Foreshaw

211 PUZZLE PIECES ~ Barbara Parsons Lane

245 MOTHERLOVE ~ Michelle Jessamy

267 SNAPSHOTS OF MY EARLY LIFE ~ Diane Bartholomew

335 BAD GIRLS ~ Dale Griffith

351 SOURCES AND SUGGESTED READING

llliiliiiillllll

The editor and contributors wish to thank the following individuals for

their time, talents, and assistance in the birthing of this book: George

Allen, William Barber, Aaron Bremyer, Paul Brown, Angelica Canales,

Lynn Castelli, Debbie Cauley, Linda Chester, Bruce Cohen, Marge

Cohen, Evva Donn, Kassie Evashevski, James Fox, Dorthula Green,

Brenden Hitt, Kelly Hitt, Doris Janhsen, Leslie Johnson, Terese Karmel,

Ann Koletsky, Christine Lamb, Pam Lewis, Ethel Mantzaris, Kay Miller,
Kenneth Norwick, Paul Olsewski, Pam Pfeifer, Carl Raymond, Warden
Pam Richards, Rick Roselle, Barbara Sanders, Beth Neelman Silfin, Dan
Taylor, Pedro Valentin, Robert Youdelman, Ellen Zahl, and Gale Zucker.

Special thanks to publisher Judith Regan, associate editor Aliza Fogel-

son, and literary agent Leigh Feldman, and to the administrative, custo-

dial, and educational staffs of York Correctional Institution.

I

NOTES TO
THE HEADER

llllllllllllllll

ABOUT THE COVER The front cover art for Couldn’t Keep It to
Myself is an assemblage made by York School students who participated

in an extension course in art appreciation taught by Pedro Valentin

through Three Rivers Community College of Norw^ich, Connecticut.

ABOUT CONTENT When David Berkowitz, the infamous “Son of
Sam” serial killer, signed a book deal to tell the story of his murderous

spree, there v^as public outcry. To prevent high-profile criminals from

profiting from heinous deeds, the New York legislature enacted the
“Son of Sam” law in 1977. The statute allowed victims of a person con-

victed of a crime to access profits made from that crime. In a later case

involving a book by a well-known organized crime figure, “Sammy the

Bull” Gravano, the Son of Sam law was challenged and declared uncon-

stitutional because of its overly broad restriction of First Amendment

rights. A second Son of Sam statute, enacted in 1992, narrowed the
scope of the earlier law. If an author made only incidental or indirect

reference to a crime he or she had committed, then profits from the writ-

ing could presumably fall outside of the “profits made from a crime”

definition. Following New York’s lead, the U.S. government and some
forty states, including Connecticut, passed their own versions of Son of
Sam statutes.

Out of respect for Connecticut’s Son of Sam law, the contributors to
this anthology have not written directly about the crimes for which they

were convicted. References to these crimes are incidental or tangential

to the stories the writers have chosen to tell.

ABOUT EDITING While they were developing their works in progress,
the contributors to this volume gathered and used critical responses

from their peers, workshop co-facilitator Dale Griffith, and me. Most

wrote numerous drafts and received written as well as verbal editorial

xii NOTES TO THE READER

feedback on each revision. There was, in addition, classroom instruction

about various aspects of craft: the use of past versus present tense in

v^riting memoir, how to recast memories as dramatic scenes with the
help of fictional techniques, how to balance narrative with exposition,
how to write successful segues. When the submission deadline arrived, I
took off my teaching hat and put on my editor’s cap. It was not a com-
fortable fit.

“What is editing?” I finally asked my German publisher. Dr. Doris
Janhsen of List-Verlag, midway through the editing of this collection.

“How much editorial intervention is too much? How little is too little?
How do I balance the author’s right to tell a story on her own terms
with the reader’s right to a smooth, logical, and interesting read?” Dr.

Janhsen said she edited prose for clarity, pace, and dramaturgy. I went

back to work on the manuscript, guided by those three principles. In the

end, each of the selections in this book dictated its own editorial needs.
“Fat” writing was made more lean. Flat phrasing was enlivened. Para-

graphs and episodes were cut and pasted. Shorter, self-contained pieces

were seamed together when theme or motif invited the fusion. Conse-

quently, there is a range of editorial involvement, from minimal nip-

and-tuck to a level of activity approaching “as written with.” Most fell

somewhere in the middle of the continuum. In all cases, the writers had

final approval over their edited works.

ABOUT THE CONTRIBUTORS Nine of the eleven contributors in
this collection wrote their pieces while incarcerated at York Correc-

tional Institution, a maximum-security facility located on the Connecti-

cut shoreline in Niantic. The two exceptions are Dale Griffith (“Bad

Girls”), a State of Connecticut-certified teacher at York School and the

workshop’s co-facilitator, and Nancy Birkla (“Three Steps Past the

Monkeys”), a Connecticut native and recovering addict who was

imprisoned in the Kentucky State Penitentiary for Women. Birkla is a

private writing student and my first cousin. The grandmother who
appears prominently in her essay was my grandmother, too.

ABOUT COMMUNITY Founded in 1977, Interval House of Hartford,
Connecticut, is the state’s largest and most comprehensive service

provider to battered women and their children. Says a representative:

NOTES TO THE READER xiii

“Every single day, story after story, the determined advocates of Interval

House stand with abused women in their struggle for survival and jus-
tice.” The contributors of Couldn’t Keep It to Myself hsLve made Inter-

val House an equal partner in the sharing of revenues from this

anthology.

—WL

I

COULION’T KISIQP IT
TO OURSELVES

lliiiiiiiiii
WA L LY LAMB

HE TOY DEPARTMENT AT THE DURABLE STORE SOLD

Ttwo blackboards. The modest two-by-three-foot model
came with wall brackets and a three-piece starter box of

chalk. Its deluxe cousin was framed in wood, had legs and

p? feet, and came “loaded”: a pair of erasers, a pointer, a

twelve-stick chalk set, and a bonus box of colored chalk. I was a third-

grader when I spotted that blackboard. Good-bye to Lincoln Logs and

Louisville Sluggers. From the age of eight, I wanted to teach.

My first students were my older sisters. As preteenagers, Gail and
Vita were more interested in imitating the dance steps of the American

Bandstand “regulars” than in playing school, but a direct order from

our mother sent them trudging upstairs to my classroom. I’d prepared
for their arrival: work sheets, white shirt and clip-on tie, alarm clock

hidden under my bed for the surprise fire drill. If my sisters had to play,
then they would playact. Vita cast herself as hip-swiveling Cookie

Crane, as smoldering a third-grader as there ever was. Gail was Rippy

Van Snoot, the class incorrigible. I was launching into opening exercises

when Rippy reached past me, grabbed a blackboard eraser, and bounced

it off my forehead. Cookie shrieked with delight and lit an imaginary
cigarette. I forget which reprobate flung my flash cards into the air and
made the room rain arithmetic.

Fourteen years later I was a high school English teacher with my first
actual students. Paula Plunkett and Seth Jinks were the two I remember

most vividly from my rookie year. Paula had pretty eyes and graceful
penmanship, but she was encased in a fortress of fat. Sad and isolated,

she sat at a special table in back because she didn’t fit the desks. She

never spoke; no one ever spoke to her. In my first-year-teacher naivete, I
sought to draw Paula into the dynamic, thinking group work and class

discussion would save her. My plan failed miserably.
Seth Jinks was in the twelfth-grade class I’d been assigned because I

2 WALLY LAMB

had no seniority. “The sweathogs,” these kids dubbed themselves. I was

twenty-one, and so were three or four of my sweathogs. We honey-
mooned for a couple of weeks. Then one morning I walked up the aisle

and tapped Seth Jinks on the shoulder. I needed to wake him up so I

could exchange the paperback he hadn’t read for the new one he wasn’t

going to read. “Seth, get your head off the desk,” I said. “Here’s the new

book.” No response. I poked him. He looked up at me with little-boy-
lost eyes. “Go fuck yourself,” he said. The room went quiet. The

sweathogs, Seth, and I held our collective breath and waited for my
response. And in that uneasy silence, and the days, and months, and de-

cades that followed, teaching became for me not just a job but a calling.
I have found special meaning in working with hard nuts, tough cookies,

and hurtin’ buckaroos—those children among us who are the walking
wounded. \

That said, I did not want to go to York Correctional Institution, Con-

necticut’s maximum-security prison for women, on that warm August
afternoon in 1999. I was keeping a promise I’d made to Marge Cohen,

the prison school librarian. Marge had called three months earlier, as I

was preparing for a twelve-city book tour in support of my second
novel, I Know This Much Is True, Several suicides and suicide attempts
had triggered an epidemic of despair at the prison. Marge had

explained; the school staff, groping to find help, was canvasing the com-

munity. They thought writing might prove useful to the women as a
coping tool. Would I come and speak.̂ Because I’m frequently asked to

support good causes and have a hard time saying no, I keep an index

card taped to my phone—a scripted refusal that allows me to preserve
family and writing time. That day, though, I couldn’t find my card. I
told Marge I’d visit when I got back from my book tour.

I would never have predicted an author’s life for myself, but when I

was thirty, while on summer hiatus from teaching, I’d sat down and

written a short story on a whim. I liked doing it and wrote another. For

my third story, I fused a sarcastic voice to the visual memory of the
mute, isolated Paula Plunkett. For years I had worried and wondered

about my former student. What had become of her? What had all that
weight meant? Who had she been as a child? In the absence of actual
knowledge, the life I invented around her remembered image became

COULDN’T KEEP IT TO OURSELVES 3

my first novel, She’s Come Undone. It took me nine years to figure out
the story of that bruised fictional soul whom I’d fathered and then
grown to love and worry over. I loved and stewed over the flawed iden-

tical twins of my second novel, too—one of whom had a generous mea-
sure of Seth Jinks’s anger. What I did not see coming was that the world

would embrace these characters also. “Hello, Wally? Guess what?” The

caller on the other end of the phone line was Oprah Winfrey. She called

twice, once for each novel. The result: best-seller lists, limo rides, movie

deals, and foreign translations. Oprah’s Book Club had taken my life by
the seat of the pants and sent me on the road.

Rock stars on tour bust up their hotel rooms. They get drunk or high,

trash the furniture with their bandmates, party with groupies. But

authors on tour are quieter, more solitary souls. Between appointments,

we sit by ourselves in our rooms, nibbling like prairie dogs on room ser-

vice sandwiches, or ironing our clothes for the next reading, or watching

Judge Judy. Perhaps the most surreal moment during my book tour that
summer occurred in a hotel room in Dayton, Ohio. While channel-

surfing, I came upon the quiz show Jeopardy! at the exact moment my
name surfaced. “He wrote the novel She’s Come Undone,” Alex Trebek
stated. In the long and torturous pause that followed, the three contes-

tants stood there, lockjawed and mute, itching but unable to press their

thumbs to their buzzers. And sitting on the edge of the bed in room 417

of the Westin Hotel, I uttered in a sheepish voice, “Who is Wally Lamb?”
I’m a family man, a fiction writer, a teacher, and a guy who can’t say

no without the index card. On that nervous first drive to York Correc-
tional Institution, I sought to calm myself with music. I was fumbling

with CD cases and radio buttons when suddenly, over the airwaves, a
piano pounded and the car shook with the vocal thunder of Newark,

New Jersey’s Abyssinian Baptist Choir. The unfamiliar song so over-
powered me that I pulled to the shoulder to listen. When it ended, I
looked up at the highway sign in front of which I’d landed, correc-

tional FACILITY AREA, it Said. DO NOT STOP. The inexplicable emo-
tional wallop of that moment fills me with wonder to this day.

To gain access to the women of York prison, you check in with the
guard at the main gate, hang your laminated badge on your shirt

pocket, walk through a metal detector, then pass through a series of ten

doors, some of which slide open mysteriously after you stand and wait.

4 WALLY LAMB

You don’t see who’s flipping the switches, so it’s an OrwelHan entrance.

At the prison school, I met my liaison. Dale Griffith, a warm and exu-
berant English teacher. Dale and I arranged the chairs in a circle, a uni-

formed corrections officer bellowed orders from the corridor, and thirty

inmates entered the room.

Dressed identically in cranberry T-shirts and pocketless jeans, the

women came in all colors, shapes, sizes, and degrees of gender identifi-
cation. Their attitudes ranged from hangdog to Queen of Sheba. Most

had shown up not to write but to check out “that guy who was on
Oprah.” I spoke. We tried some exercises. I asked if anyone had ques-
tions about writing. Several hands shot into the air. “You met Oprah?”

“What’s Oprah like?” “Oprah’s cool, you know what I’m sayin’?” Uh,

was that a question?

At the end of my talk, one of the women stood, thanked me for com-
ing, and pitched me a curveball. “You coming back?” she asked. Thirty
pairs of wary eyes were upon me and my index card was back in my
office. “Uh, well . . . okay,” I said. “Write something and I’ll see you in

two weeks. Any subject, two pages minimum. Your drafts will be your

tickets into the workshop.”

At session two, fifteen of the thirty chairs were empty. Stacie wanted

praise, not feedback. Manhattan said she’d meant to be vague and non-

specific—that her business wasn’t necessarily the reader’s business. Ruth
must have thought she was a guest on Oprah; she’d written only a para-

graph, but man oh man, did she want to talk. At age fifty-five Diane was
the senior member of the group. For ninety minutes she hunched for-

ward, fists clenched on her desktop. Her suspicious eyes followed my
every move. Diane had written under the pseudonym Natasha and had

exacted a promise before class that her work would never, ever be read

aloud. I predicted she’d be gone by session three.

But it was during session three that Diane Bartholomew (“Snapshots

of My Early Life”) couldn’t keep her writing to herself. Her shaky hand
went up and she asked if she could share what she’d written. In a barely

audible voice, she read a disjointed, two-page summary of her horrific

life story: incest, savage abuse, spousal homicide, lawyerly indifference,

and, in prison, parallel battles against breast cancer and deep, dark

depression. When she stopped, there was silence, a communal intake of

breath. Then, applause—a single pair of hands at first, joined by another

COULDN’T KEEP IT TO OURSELVES 5

pair, and then by everyone. Bartholomew had sledgehammered the dam

of distrust, and the women’s writing began to flow.

That was three years ago. I stopped counting sessions somewhere

around number fifty. Writers have come and gone: the narcotics-

addicted nurse who wrote a moving apologia to a deceased aunt whose

support had never wavered; the high school athlete who, a month after

graduation, brandished her Softball bat during a convenience store rob-

bery and wrote to figure out why; the young alcoholic mother who time-

traveled, penning a personal letter to one of the prison’s original 1917

inmates, also an alcoholic. The workshop sessions have been a journey

rich with laughter, tears, heart-stopping leaps of faith, and miraculous

personal victories. There have been bumps in the road, too. Addicts are

elusive; they tend to begin promising drafts, take them to some interest-

ing midway point, then give up on themselves and stop coming. There

have been trust issues. Prison is not a place where trust is given easily,

and a writer who shares her work in progress risks exposure. That risk

taking must be honored. Only the writer should decide when, and if, her

work is ready for the eyes and ears of nongroup members—ready, in
other words, to go public. If another group member breaches that trust,

she has to leave. Similarly, a few con artists and drama queens have been

handed their walking papers. A functional writing community cannot
accommodate the needs of would-be superstars or instigators of the

guess-what-she-said-about-you variety. But those have been the excep-

tions. The brave writers whose work is represented in this volume have

acted in good faith, faced their demons, stayed the course, and revised

relentlessly. And in taking on the subject of themselves—making them-
selves vulnerable to the unseen reader—they have exchanged powerless-
ness for the power that comes with self-awareness.

“I started writing because of a terrible feeling of powerlessness,” the

novelist Anita Brookner has said. The National Book Award winner

Alice McDermott noted that the most difficult thing about becoming a

writer was convincing herself that she had anything to say that people

would want to read. “There’s nothing to writing,” the columnist Red

Smith once commented. “All you do is sit down at a typewriter and
open a vein.”

Michelle Jessamy (“Motherlove”) was fourteen when she became

pregnant by her teenage boyfriend. Despite the challenges, Jessamy’s

6 WALLY LAMB

impending motherhood helped her get closer to her own emotionally
distant mother. As she drafted her memory piece, that mother-daughter

epiphany emerged as the centerpiece. Then, mid-draft, Jessamy hit a

snag. She began writing a flashback to an earlier instance of sexual

abuse—a hallway molestation by a friend of the family when she was
eleven. The painful incident was integral to the story she needed to tell,

but disclosing her long-kept secret made Jessamy feel uncomfortable.

She stopped writing. But self-censorship felt uncomfortable, too. Jes-

samy had worked hard on her essay and wanted to see it through. The

solution? A change of genre. On paper, Jessamy became Mo’Shay
Shambly, and the pronoun / became she. Mo’Shay had the same hazel

eyes as Michelle, the same experiences. But now Jessamy was writing
autobiographical fiction. That little bit of distance unblocked her and

she finished her piece.

Brenda Medina (“Hell, and How I Got Here”) was self-censoring like
Michelle Jessamy, but for a very different reason. For months after she

joined our group, she labored on the same short essay about the death

of her uncle Carlos—draft after draft after draft. One day I suggested to
Medina that, God bless him, I didn’t think I had the strength to attend

to poor Uncle Carlos’s death one more time. “There’s something else I

want to write about, but I can’t,” she told me. That “something” was

what had landed her in prison ten years earlier at age seventeen: her

affiliation with a violent street gang.

York Correctional Institution is vigilant in its efforts to eliminate

gang influence within the compound. Incarcerated gang members who
choose to uphold their allegiance to “the family” pay a steep price in the

form of punitive segregation, loss of privileges, and loss of the “good

time” that can shorten their stay on the inside. A self-described punk
when she arrived at York, Brenda Medina had traveled a long and diffi-

cult road as an inmate, freeing herself from the psychological grip of her

“family” and undertaking the rigorous step-by-step process by which an

inmate repudiates her gang affiliation and begins rehabilitation in

earnest. Even mentioning the name of a gang can cast suspicion that the

inmate has reneged on her disaffiliation. Medina’s very real fear was

that, if she wrote about her past life, her work might be seized, taken

out of context, and misconstrued as gang-friendly. If that happened, she

could lose much of what she had worked so hard to achieve. My collab-

I

COULDN’T KEEP IT TO OURSELVES 7

orator, Dale Griffith, dealt with the problem directly. She sought and

received permission from prison officials for Medina to take up her gang

experience as subject matter. With that hurdle cleared, the writer was on

her way to a personal essay that, far from glorifying gangs, depicts their

insidious hold on young people’s lives and the cancerous destruction of

their futures.

In her much-loved book on writing, Bird by Bird: Some Instructions

on Writing and Life, Anne Lamott observes: “We write to expose the

unexposed. If there is one door in the castle you have been told not to go

through, you must.” The writer’s job, Lamott instructs, is “to turn the

unspeakable into words—not just into any words, but if we can, into
rhythm and blues.” Bonnie Foreshaw (“Faith, Power, and Pants”) is a

woman of stately bearing, strong faith, and rhythm-and-blues diction,
the latter a reflection of her Jamaican birth and South Florida upbring-

ing. In Foreshaw’s vernacular, her cousin is “my old cous’ ” and her

problems are “botherations.” She does not converse with friends; she

“conversates.” One day a while back, Foreshaw entered the workshop

looking weary. “How you feeling today. Miss Bonnie?” I asked. “I’m
feeling botheration and sufferation inside this place,” she replied.

Another day I rushed to the prison from a speaking engagement. I’m

usually in jeans but that afternoon I was wearing jacket, tie, and dress

pants that had fit me better before I’d lost some weight. “How’s the
writing going, Bonnie?” I asked. Ignoring the question, she gave me a
frowning once-over instead. “Those your pants?” she wanted to know.

The problem was this: Foreshaw’s speech was colorful and cut-to-the-

chase direct, but her writing “voice” was ponderous and deadly dull

the result, I suspect, of her having tried too hard to please grade school

teachers more interested in grammatical correctness than in voice. In an

early draft, Foreshaw wrote of a disciplinary measure taken against her:

“There I was, already in prison. Yet, I was being persecuted even further

into the bowels of hell. However, I was willing and able to endure what-

ever punishment was going to be inflicted on me because of the grace of
God’s spiritual influence, guidance, and protection. I would make it

through this ordeal.”

“Bonnie!” we’d advise her during workshop discussions. “Stop

preaching and conversateV When she did, Foreshaw’s writing came alive.
A writer’s voice, says the author and teacher Donald Murray, is

8 WALLY LAMB

forged from family background, ethnic heritage, childhood neighbor-

hood, present neighborhood, and the writer’s roles in life. “And ironi-

cally,” Murray says, “the more personal, the more individual you

become, the more universally you w^ill be read.” The fiction writer San-

dra Cisneros says she tries to write in the voice she would use with a

friend sitting across her kitchen table while she’s wearing her pajamas.

Her stories are read the world over.

Invoking one’s natural voice on paper is easier for some writers than

for others. Robin Cullen (“Christmas in Prison”) is a wry ironist in per-

son and on paper. Nancy Whiteley (“Orbiting Izzy,” “The True Face of

Earth”) deports herself with a world-weary toughness and a little girl’s

vulnerability. Her writing voice captures those qualities exactly. Con-

versely, Brenda Medina, who comes from a large Latino family and is
bilingual, had to be coaxed into introducing a little Spanish “music”

into her prose. Bonnie Foreshaw had to let us know she came from

South Florida and had not sprung whole from the pages of the Old Tes-

tament. Nancy Birkla (“Three Steps Past the Monkeys”) credits her

twelve-step recovery with saving her life, but her writing soared when

she stopped sounding like the manual.

The trick, says Donald Murray, is to avoid imitating some “literary”

voice you might admire and to accept your own voice—flawed and
human as you might be. Many of the inmates with whom I work are
avid readers of romance novels. Their first autobiographical efforts are

apt to be florid accounts in which they star as tragic Victorian heroines.

Gently, we coax our fellow writers away from sentimentality and purple

prose. Listen to how Carolyn Adams (“Thefts”) first wrote about her

arrest for embezzlement: “The detective handcuffed me to a metal fold-

ing chair like a mental patient and I was crying, crying, crying. Through

my tears, I could see the stares of police officers and arrested people as
they shuffled past, all of them glancing hatefully at me. When I was led

down the hallway to have my picture taken, I responded robotically to
the detective’s commands due to my ordeal.” Now listen to a passage
from one of Adams’s later drafts. Locked in the holding room on her

first day in prison, she is looking out an escape-proof window when,

illogically, a goose wanders into her field of vision: “Obl

Criminal homework help

Civil Liability in Criminal Justice

The increasing litigation against criminal justice practitioners in the United States poses a significant problem
for law enforcement and other personnel. Law enforcement and corrections professionals need to have a
working knowledge of both criminal law and the civil law process to ensure they are performing their duties
within the limits of the law. Civil Liability in Criminal Justice, 7th Edition, provides valuable information and
recommendations to current and future officers and correctional system employees, introducing them to civil
liability and federal law, as well as recommending strategies that can be taken to minimize risks.

Civil Liability in Criminal Justice is unique in its combination of applicable case law and related liability
research, while still providing an overview of current case law in high- liability areas. This new edition, a
valuable resource for enhancing student knowledge and practitioner job performance, is revised to include up-
to- date United States Supreme Court cases; liability trends on the use of force, arrest- related deaths, custodial
suicides in detention, and qualified immunity; outcomes of the Department of Justice’s application of Section
14141; additional context for liability issues; and extended coverage of collective bargaining and public
perception.

The text is suitable for undergraduate and graduate courses in Criminal Justice programs as well as for in-
service and academy training. Ross offers an engaging, accessible introduction to this aspect of the U.S.
criminal justice system.

Darrell L. Ross, Ph.D., is Professor and Department Head of Sociology, Anthropology, and Criminal Justice,
and Director of the Center for Applied Social Sciences (CASS) at Valdosta State University, USA. Ross worked
for the Michigan Department of Corrections as an officer, cell block supervisor of mentally impaired prisoners,
probation officer, and instructor in the training academy, and taught in the Police Academy at Ferris State
University as a certified instructor teaching subject control techniques, human factors, mechanics of arrest, and
responding to the mentally ill person. He served on the faculty of Western Illinois University and East Carolina
University. Ross has published five books, more than 95 articles, book chapters, and monographs, and has
provided expert witness services since 1987.

2

“Dr. Ross’s book teaches law enforcement agencies how to see operations through the lens of risk. Now for every training event or planned
operation we identify the risks and the control measures to counter them. The end result: we have seen a remarkable reduction in
consequences of legal liability, and better officer performance and perceived professionalism from the community.”—Jim A. Blocker, Chief of
Police, Battle Creek, Michigan

“Dr. Ross provides the ‘A to Z’ reference book for civil liability in a criminal justice setting, whether it be day to day policing or overseeing
offenders in correctional institutions. A practical, subject-by-subject guide, this book gives clear data and reasoning behind civil liability,
what drives it and how to mitigate it. The final chapter clearly sets out trends based on law and recent Court decisions. A must read, this
book should be in the hands of every American criminal justice executive.”—Jim Ferraris, Chief of Police, Woodburn, Oregon, Police
Department

“This text discusses complex concepts and principles in easily understood language. It is thoroughly researched and well organized. Readers
will learn duties and responsibilities that are owed to all and strategies to prevent harms and avoid or limit exposure to civil liability.”—
Andrew Fulkerson, J.D., Ph.D., Professor, Southeast Missouri State University; former judge and prosecuting attorney, State of Arkansas

3

Civil Liability in Criminal Justice
Seventh Edition

Darrell L. Ross

4

Seventh edition published 2018

by Routledge

711 Third Avenue, New York, NY 10017

and by Routledge

2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN

Routledge is an imprint of the Taylor & Francis Group, an informa business

© 2018 Taylor & Francis

The right of Darrell L. Ross to be identified as author of this work has been asserted by him in accordance with sections 77 and 78 of the

Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means,

now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission

in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation

without intent to infringe.

[First edition published by Anderson Publishing 2013]

[Sixth edition published by Routledge 2015]

Library of Congress Cataloging-in-Publication Data

Names: Ross, Darrell L. (Darrell Lee), 1951- author.

Title: Civil liability in criminal justice / Darrell L. Ross.

Description: Seventh edition. | New York, NY : Routledge, 2018. | Includes bibliographical

references and index.

Identifiers: LCCN 2017054161 (print) | LCCN 2017059362 (ebook) | ISBN 9781351062664

(master) | ISBN 9781138480513 (hardback) | ISBN 9780323356459 (pbk.) |

ISBN 9781351062664 (ebk)

Subjects: LCSH: Tort liability of police–United States. | Tort liability of criminal justice

personnel–United States.

Classification: LCC KF1307 (ebook) | LCC KF1307 .B37 2018 (print) | DDC

345.73/052–dc23

LC record available at https://lccn.loc.gov/2017054161

ISBN: 978-1-138-48051-3 (hbk)

ISBN: 978-0-323-35645-9 (pbk)

ISBN: 978-1-351-06266-4 (ebk)

Typeset in Frutiger and Utopia

by Servis Filmsetting Ltd, Stockport, Cheshire

Visit the e-resources: www.routledge.com/9780323356459

5

Contents

About the Author

Preface

Acknowledgements

1 Overview of Civil Liability

2 Foundations for Liability

3 Civil Liability Under State and Federal Tort Law

4 Civil Liability and Federal Law: Section 1983 Litigation

5 Defenses to Civil Litigation and Risk Management

6 Administrative and Supervisory Liability

7 Liability for Failure to Train

8 Operating Criminal Justice Agencies Under a Consent Decree

9 Personnel Issues and Liability

10 Use of Force in Law Enforcement and Corrections

11 Section 1983 and Correctional Liability Issues

12 Section 1983 Actions in Law Enforcement

13 Liability and Arrest-Related Deaths

14 Liability and Suicides in Detention

15 Conclusions: Shifting Directions in Civil Litigation

Table of Cases

Index

6

About the Author

Darrell L. Ross, Ph.D., is a Professor and Department Head of Sociology, Anthropology, and Criminal Justice,
and the Director of the Center for Applied Social Sciences (CASS) at Valdosta State University. Ross worked
for the Michigan Department of Corrections as an officer, cell block supervisor of mentally impaired prisoners,
probation officer, and instructor in the training academy. He also taught in the Police Academy at Ferris State
University as a certified instructor teaching subject control techniques, human factors, mechanics of arrest, and
responding to the mentally ill person. He served as the Director of the School of Law Enforcement and Justice
Administration at Western Illinois University and was a professor in the Criminal Justice Program at East
Carolina University.

Ross has published five books and more than 95 articles, book chapters, and monographs on the use of force,
stress, and human factors during use of force incidents, liability issues, officer-involved shootings, excited
delirium syndrome, prone restraint and asphyxiation, sudden arrest-related deaths, and custodial suicides. Ross
has provided technical assistance and consultation to local, county, state, federal, and private criminal justice
agencies nationally and internationally, as well as to various branches of the military. He regularly provides
training to line- level officers and administrators and makes presentations at national and international
conferences on officer- involved shootings, use of force issues, sudden arrest- related deaths, and custodial
deaths. Since 1987 Ross has provided expert witness services regarding these and other topics.

8

Preface

Civil litigation filed against criminal justice agencies is an increasing phenomenon. Due to the proliferation of
civil litigation against criminal justice agencies, professors and trainers can no longer just concentrate on the
criminal law. As a response, college courses and training have been developed to expose students and
practitioners to the civil liability process at the university, community college, and agency levels. This book has
been written in an attempt to provide information that will aid in better understanding the civil process.

Due to the nature of civil litigation today, students and practitioners must not only have a working
knowledge of the criminal law but also possess a firm grasp of the civil law process. The two systems have
distinct differences and implications. In contemporary society a criminal justice practitioner must know how to
function in both systems. Students must be aware that their actions as a practitioner will more than likely be
probed by a citizen or a prisoner plaintiff claiming that the practitioner’s actions or inactions deprived them of
their constitutional rights. Likewise, practitioners must be continually updated on judicial decisions that affect
their job performance. This edition of Civil Liability in Criminal Justice has been updated with 103 new cases,
including 26 new United States Supreme Court decisions. The text is written with the needs of college students,
academy recruits, veteran practitioners, administrators, and agency trainers in mind. Acquiring a complete
understanding of the distinctions of both systems will greatly benefit the reader.

The book can be a standalone text for a legal course or a supplement to an administrative course. The text
has not been written as legal advice, because only attorneys may provide such advice. Rather, the text provides
general information relative to the civil liability process that affects police and correctional situations.
Therefore the text has been structured to integrate United States Supreme Court decisions and to provide lower
court rulings in order to illustrate how different cases have been applied to police and correctional situations.
The text also integrates research on civil liability that underscores pertinent legal issues, liability trends and
patterns, policy and procedure issues, training issues, and individual officer and administrative responsibilities.
In this edition 25 new research studies that address varying aspects of civil liability and criminal justice
agencies have been added. Combining these features not only provides useful information in understanding a
court’s decision- making process, but also provides the reader with realistic examples and research on how
cases are applied at the criminal justice agency level.

9

Acknowledgements

While a book may be the work and dream of the author, many individuals assist in the final product. First I
would like to thank Michael (Mickey) Braswell, Ph.D., of Routledge Publishing for giving me the opportunity
to revise this edition of the text. His friendship, insights, patience, and suggestions greatly assisted me
throughout the course of updating the book.

The substance of the text would not have been fully completed without the influence of the following
individuals. Thanks to Robert L. Parsons, Ph.D., who encouraged me to pursue a Ph.D. years ago; his continued
guidance, advice, and strategies for working on civil cases have been immeasurable. A debt of gratitude is
owed him for sharing his knowledge in policing, use of force, and civil litigation.

Many thanks to the various civil litigators who successfully defend criminal justice officers and agencies in
civil litigation matters. Working with them on civil cases has greatly increased my knowledge of the civil
process. Their legal skills and talents illustrated during discovery, motion preparation, and in the courtroom are
unmatched and have enhanced my ability to write about the many civil liability issues facing criminal justice
practitioners.

Much appreciation goes to three civil liability scholars who may not be aware that their work and research
in civil liability has greatly influenced my interest in the subject for several years. Thanks to Professors
Rolando del Carmen, Victor Kappeler, and Michael Vaughn for their pioneering and continued research and
publication efforts in this area. These three individuals are, without question, leaders in criminal justice
regarding civil liability issues. Their work has been an inspiration to me to further research, write, and publish
on civil liability topics. Thanks for your work.

Many thanks go to the professors, students, and practitioners who have used the text in order to increase
their knowledge in this continually changing area of the law.

And last, but certainly not least, I would also like to thank my wife Judy and my daughter Gretchen for
understanding and supporting my commitment for endeavoring to continue this research.

10

1
Overview of Civil Liability

11

Overview

The intrusive nature of the duties that criminal justice personnel perform exposes them to higher degrees of
liability than other occupations. This is not to suggest that physicians, psychologists, social workers, therapists,
teachers, or administrators are unlikely to be the subject of a civil lawsuit. It is because criminal justice
practitioners restrict citizens’ and prisoners’ liberties and rights, and therefore are more likely to become
involved in litigation than members of other professions.

Among the many job functions that criminal justice personnel perform, responding appropriately to street-
and institution- level situations is paramount. Criminal justice personnel must also exercise a high degree of
skill in using their authority and discretion when implementing department policy and enforcing the law.
Legal actions against law enforcement officers frequently arise out of situations in which they have restricted
the rights of citizens or prisoners. Other litigation may result from allegations of failing to perform legally
assigned duties, performing duties in a negligent manner, misusing authority, using excessive force, or
intentionally depriving a prisoner or other person of his or her constitutional rights.

Filing a civil lawsuit in the United States has become all too common since the 1970s. American society has
become highly litigious, resorting to filing civil lawsuits without hesitation. Litras and DeFrances (1999)
conducted a study for the Department of Justice on the overall trends of 500,000 tort cases filed in the United
States during fiscal years 1996–1997. Civil cases arising out of the 75 largest counties were studied. Types of
claims ranged from personal injury actions, such as airplane accidents, assaults, libel and slander, and medical
malpractice, to motor vehicle accidents and product liability. Motor vehicle accident claims accounted for 20
percent of the cases, while product liability cases accounted for 15 percent and medical malpractice cases
accounted for eight percent. Plaintiffs won 45 percent of all cases filed; they were awarded damages in 86
percent of these cases, and punitive damages in 18 percent. The median award was $141,000. In 10 percent of
the cases the plaintiff was awarded more than $1 million, and in eight percent of the cases awards exceeded
$10 million. Approximately $2.7 billion was awarded in combined compensatory and punitive damages.

Cohen (2005) studied the trends in punitive damages awards in civil trials in the 75 largest counties in the
United States during 2001. He reported that slander (58 percent), intentional tort (36 percent), and false
arrest/imprisonment (26 percent) represent three of the most common categories in which punitive damages
are awarded. Of the 6,504 cases studied, the plaintiff was awarded punitive damages in six percent of the cases.
This percentage has remained stable since 1992. Juries are more likely to grant punitive damages than judges.
In one- half of the verdicts, the plaintiff was awarded $50,000 or more, in 12 percent $1 million was awarded,
and in one percent $10 million was awarded. Punitive damages exceeded compensatory damages in 43 percent
of the cases. Medium and maximum ranges of punitive damages were reported on the three common
categories: intentional torts ranged from $16,000 to $4.5 million; slander ranged from $77,000 to $700,000; and
false arrest/imprisonment ranged from $8,000 to $100,000.

With the most available figures available, Kyckelhahn and Cohen (2008) performed an assessment of the
trends in civil litigation in federal district courts and the outcomes of civil rights disputes from 1990 to 2006.
They reported that a significant reason for the variance of trends in civil litigation is the expansion of civil
rights law with the passage of the Americans with Disabilities Act of 1990 and the Civil Rights Act of 1991. The
Civil Rights Act of 1991 amended several federal employment discrimination laws. The Act also provided for
compensatory and punitive damages to be awarded, and expanded the use of jury trials.

In the 17- year assessment, Kyckelhahn and Cohen reported that overall civil rights cases filed in federal
district courts more than doubled during the 1990s, then began to decline in the early 2000s, and from 2003 to
2006 filings in federal district courts decreased by approximately 20 percent. From 1990 to 2006 the percent of
civil rights claims concluded by trial declined from eight to three percent. From 1990 to 2006 about nine out of
10 civil rights filings involved disputes between private parties. The trend in filing private- party disputes
emerged with about 16,300 cases filed in 1990, increased to a peak of 40,400 in 1997, and declined to 30,400 cases
in 2006.

In 1990, jury and bench trials each accounted for 50 percent of all civil rights trials, but by 2006 jury trials
accounted for 87 percent of civil rights trials held in federal district courts. During the reporting period,

12

employment discrimination accounted for about half of all civil rights filings in federal district courts, but
filings began to decline in 2004. The percentage of plaintiffs who won at trial amounted to about 30 percent.
From 2000 to 2006 the median damages award for prevailing plaintiffs ranged from $114,000 to $154,500. The
combined 2000 to 2006 median jury award was $146,125, while the median bench award was $71,500. The
period from filing a civil rights suit to resolution in federal district courts took, on average, about 10 months.

Further, Lanton and Cohen (2008) examined the dispositions of civil bench and jury trials in state courts in
2005. They assessed 26,950 disposed cases, which account for a small percentage of the 7.4 million civil claims
filed in state courts around the country. They reported on nine litigated categories and found that the plaintiff
prevailed in 56 percent of the filings, that plaintiffs were awarded punitive damages in five percent, and the
median damage award amounted to $28,000.

Plaintiffs were more likely to prevail in claims involving motor vehicles, animal attacks, and employment
discrimination, and less likely to prevail in claims of false arrest/imprisonment and product liability, to
mention only a few. High combined compensatory and punitive awards of near or more than $100,000 included
premises liability, employment discrimination, medical malpractice, and asbestos. More than 60 percent of the
plaintiff winners were granted final monetary awards of $50,000 or less. A jury decided 90 percent of the
personal tort claims, while judges decided about 70 percent of business- related civil trials (contracts and real
property) in 2005.

Moreover, Cohen and Harbacek (2011) examined punitive damages awards in state courts during 2005. As
discussed in Chapter 2, tort claims such as assault and battery are litigated in state courts.

Compensatory and punitive damages may be awarded to the prevailing plaintiff. Cohen and Harbacek found
that, in 25,000 tort claims, 12 percent of the plaintiffs sought punitive damages and were awarded in five
percent. Of these awards, 30 percent were awarded about $64,000 and 13 percent were awarded punitive
damages of $1 million or more. The researchers also reported that punitive damages are more likely to be
awarded in assault and battery, slander, or libel cases, which have elements of willful or intentional behavior
that would support a punitive damages request.

Criminal justice agencies and personnel are also vulnerable and easy targets for litigation. During the 1980s
and 1990s there were unfortunately a number of high- profile civil liability cases that brought to the forefront
the problem of police and correctional officer misconduct nationally. The City of Philadelphia, Pennsylvania,
paid out approximately $3.2 million in 1996 in two separate lawsuits related to a bombing incident that
occurred in 1985. Police officers dropped C- 4 explosives from a helicopter on a residence in order to drive out
members of an anti- government group. The bomb ignited and fire spread through numerous residences,
destroying 61 structures and killing 11 people.

Other incidents have created controversy about police conduct and have resulted in civil litigation. The
beating of Rodney King in 1991 led to three Los Angeles police officers being criminally indicted, convicted,
and sent to federal prison. Later the City of Los Angeles, California, paid out $3.8 million in a civil judgment to
King. In 1993 two Detroit, Michigan, police officers were prosecuted, convicted, and sentenced to prison for the
beating death of Malice Green. In 2000 several New York City police officers were convicted and sentenced to
prison for beating Abner Louima and forcing a toilet plunger handle into his rectum.

Moreover, there have been successful outcomes in high- profile cases alleging officer misconduct. In the
spring of 2000, four New York City police officers were acquitted of criminal charges in the shooting death of
Amadou Diallo. In that case the officers fired their weapons 41 times. Officers approached Diallo and he made
a sudden reaching movement for his wallet. Because of low lighting in the doorway of the apartment complex,
visibility was poor and officers mistakenly took his movements as threatening and the appearance of the wallet
for a weapon.

In the summer of 2000 the Federal Bureau of Investigation prevailed in a civil lawsuit brought by survivors
and families of the Branch Davidian group in Waco, Texas (Garcia, 2000). Agents of the Bureau of Alcohol,
Tobacco, and Firearms (ATF) were executing a warrant for the arrest of David Koresh for firearms violations
when they encountered lethal resistance from him and members of his cult in February 1993. Several agents
were injured and six were killed. For more than 50 days Koresh and his followers refused to exit their
compound and submit to arrest. The siege ended with the main housing structure being burned as FBI agents
attempted to enter the building.

Four million dollars in damages were paid out for a deadly force incident in 1995. The Ruby Ridge standoff

13

incident in Montana left one U.S. marshal and the wife and one child of Randall Weaver dead. An FBI sniper
shot and killed Vicki Weaver while holding her infant child. Federal agents were attempting to arrest Weaver
on charges of possessing and selling illegal firearms.

While individual civil lawsuits filed against police officers have gained momentum since the 1980s, the
federal government, through the Department of Justice, has brought civil lawsuits against several police
departments. These lawsuits have been brought under § 210401 of the Violent Crime Control and Law
Enforcement Act of 1994 (Title 42 U.S.C. § 14141). The Pittsburgh, Pennsylvania, and Steubenville, Ohio, police
departments were the first police agencies to complete federal oversight through a consent decree for five years
through this law (DOJ, 1997a, b; 2005).

Jails and prison systems in the United States are also subject to prisoner civil litigation and many have
sustained consent decrees. Koren (1994) reported that the number of correctional systems under court
order/consent decree increased from 11 in 1988 to 39 in 1994, largely due to prisoner litigation. Correctional
entities have also been targets of prisoner litigation. In 2000 the Michigan Department of Corrections settled
several civil lawsuits involving sexual abuse of female prisoners by male officers. In Texas a privately operated
jail incurred litigation stemming from a shakedown in which officers were alleged to have used excessive force
and physically abused prisoners, violating their constitutional rights. The actions of the “shakedown” were
videotaped and later broadcast on Dateline NBC in 1997. The videotape showed officers and command
personnel requiring prisoners to crawl across the floor nude, while officers kicked and pepper- sprayed them,
prodded them with stun- guns, and then used a dog to move them out of their cells. On several occasions the
videotape showed the dog biting various compliant prisoners. This incident resulted in a civil litigation claim
against the sheriff, the chief deputy, and a county official in charge of the detention center’s emergency
response team (Kesler v. King, 1998). The claim alleged the use of excessive force, failure to train, failure to
supervise, and a failure to screen prospective officer candidates prior to employment. The court ruled against
the county, holding that it was not objectively reasonable to use force or the canine in such a situation, in
which prisoners were compliant.

The purpose of this chapter is to examine the prevalence of civil liability in police and correctional work.
Since the 1960s citizens and prisoners in the United States have, with increasing frequency, filed civil lawsuits
against police and correctional officers. Trends and the subject matter of these lawsuits are still emerging, and
accurate data that fully track this area of the law are sparse. Recognizing this, emerging trends and patterns of
citizen and prisoner litigation are presented.

Trends in Police Civil Lawsuits

Much of the previous scholarly research on police civil liability has focused on precedent- setting cases decided
by the United States Supreme Court (Barrineau, 1987, 1994; del Carmen, 1993; del Carmen & Smith, 1997;
Franklin, 1993; Kappeler, 1997; Klotter, 1999; Smith, 1995; Wardell, 1983). Specific police civil liability research
has addressed issues of police actions “under color of law” (Vaughn & Coomes, 1995; Zargans, 1985); deaths in
detention due to suicide (Kappeler et al., 1991); police misconduct (Littlejohn, 1981; Meadows & Trostle, 1988;
Schmidt, 1976; Silver, 2010); negligent operation of police vehicles and failure to arrest drunk drivers (Kappeler
& del Carmen, 1990a, b); officers’ attitudes toward police liability (Garrison, 1995; McCoy, 1987); liability for
abandonment in high- crime areas and moonlighting (Vaughn, 1994; Vaughn & Coomes, 1995); trends in
settling civil cases (Bureau of Justice Statistics, 1995, 1999, 2005); liability in sudden, wrongful custodial deaths
(Ross, 1998, 2005, 2007); liability trends in the police use of force (Ross, 2002); liability trends in custodial
suicides and sudden in- custody deaths (Ross, 2007, 2008a, b); and liability issues affecting police pursuits (Ross,
2008a, b).

While a great deal of research exists relative to civil suit analysis, a dearth of accurate statistical information
exists regarding the trends and types of lawsuits filed against police. It is difficult to precisely assess the true
nature of lawsuits filed against the police, partly because the courts publish only a portion of the cases they
decide and judges are selective in documenting those cases. There is no systematic method for collecting
information specific to police civil litigation. The Administrative Office of the U.S. Courts (AOC) tracks federal
civil actions annually but does not specifically report cases filed against the police. Current literature reveals
that civil lawsuits against police are widespread (Worrall, 1998), frequent (Kappeler, 1997), increasing (Kappeler

14

et al., 1993), and a major concern to law enforcement officers (Garrison, 1995; Scogin & Brodsky, 1991), police
chiefs (Vaughn et al., 2001), and government leaders (MacManus, 1997).

In the absence of this information, researchers are forced to speculate about the trends and patterns of police
civil litigation. A limited number of researchers in the past have used surveys or content analysis methods to
examine trends in police civil litigation and they suggest that the number of cases filed against police officers is
growing (Americans for Effective Law Enforcement, 1980, 1982; Barrineau & Dillingham, 1983; International
Association of Chiefs of Police, 1976; Kappeler, Kappeler, & del Carmen, 1993). Surveys administered by
Americans for Effective Law Enforcement (AELE) report civil lawsuits filed against the police rose from 1,741
cases in 1967 to 3,894 in 1971, a 124 percent increase. They also report that by 1976 more than 13,400 cases were
filed against the police (1982), making a 500 percent increase from 1967. More than 40 percent of all suits
during this period alleged false arrest, false imprisonment, or malicious prosecution. Claims of excessive force
by officers amounted to 27 percent of the allegations, and six percent of the claims alleged the misuse of
firearms. The International Association of Chiefs of Police (IACP, 1976) indicated during this same period that
one in 34 police officers was sued. In the early 1980s AELE estimated that more than 26,000 cases were filed
annually (1982), and one legal scholar has estimated that, since the 1990s, police have faced approximately
30,000 lawsuits annually (Silver, 2010).

Prior studies have revealed a variety of monetary awards for plaintiffs. A survey conducted by the National
Institute of Municipal Law Enforcement Officers revealed that the 215 municipalities surveyed faced costs of
more than $4.3 billion in pending liability lawsuits (Barrineau, 1987). The average cost of a jury award against
a municipality is reported to be about $2 million (del Carmen, 1987). In the mid- 1980s there were more than
250 cases in which juries awarded at least $1 million (National League of Cities, 1985). A study of § 1983 police
lawsuits from 1983 to 1997 in two federal district courts in New York revealed that m

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Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.

The Impact of DNA Exonerations on the Criminal Justice System
Berger, Margaret A
The Journal of Law, Medicine & Ethics; Summer 2006; 34, 2; ProQuest Central
pg. 320

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Course Paper:
For this assignment, you’ll write an analytical response paper over Wally Lamb’s book, Couldn’t Keep It
to Myself: Testimonies from Our Imprisoned Sisters. This paper is worth 50 points. Here are the
guidelines:

● Summarize the book—what was Lamb trying to do? What was the purpose of this book? (1-1½ pages)
● Identify and discuss three issues about women as victims and incarcerated offenders that we have studied in

class that you find expressed in the Lamb book. Provide your solutions for addressing these issues. Use specific
examples from the Lamb and Mallicoat books to illustrate these issues, and three additional scholarly sources
should be used to support your claims. This section should reflect both a careful reading of the books, as well as
the application of the knowledge you have gained from this course and other materials (4-5 pages).

● Give your own reactions to the reading of the book. Did this book change your attitudes about women as victims
or offenders—why or why not? How did the book impact you? What did you learn? (2 pages)

Other paper requirements include:
● 7-8 pages in length
● Times New Roman 12-point font, with one-inch margins, double-spaced
● Title page and reference page (do not count toward the minimum length)
● Introduction and conclusion paragraphs
● Sub‐headings to label the sections (book summary, issues/solutions, personal reactions)
● APA style citations and references (examples available in Course Paper Information and Resources page on

Canvas)
● Use of both course books (Mallicoat and Lamb) as well as three additional scholarly sources to support your

arguments

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Final Research Proposal Presentation (Informal)


For your final presentation, each group will present a powerpoint in front of the class. Presentations should fall somewhere between 4-5 minutes. The full rubric for how you’ll be graded is listed below. Use this to guide you in your preparation.

Your presentation/talk should be structured just like the proposal itself. Please include the following 8 elements in your presentation in this order:

1) Title of the paper & author names.

2) Highlights of the literature review.
What do we know about this topic, why is it interesting/important, what are the gaps in the literature that we still need to address? (you can have multiple slides for this if needed).

3) Purpose of your study.
This should connect to your literature review – how is your study addressing gaps/things we still need to learn?

4) Research Questions or Objectives

5) Participants
(or cases/unit of analysis)

6) Research Design/Procedures

7) Implications

8) Limitations

9) References

These are all the standard things that would be included if you were giving a professional research talk. Make sure you go into detail about each of these. You should already have all of this information in your proposals. Please note that items 9 is just standard and you won’t really need to talk much for this slides. Make sure you practice, so you’re prepared. This also helps to ensure you will fall within the expected time.

CRIJ 3382 Presentation Rubric (Total Points Possible = 50)

Category

1-2

3-4

5-6

7-8

9-10

Total Points:

Organization

Presentation is unclear. The main points aren’t clearly outlines. Missing important sections. Not presented in a logical order.

Not all main points or important sections were covered. Presentation order was not logical.

Presentation was either lacking clarity, missing main points, or should have been presented in a more logical manner.

Overall, the presentation summarized most of the key points / sections and was mostly presented in a logical order.

All main points are summarized and all relevant information was included. All the important sections were covered in a logical order.

Components

Presentation did not include most of the necessary components. (1-3)

Only around half (4) of the necessary components were included.

Not all components (5-6) were included.

Most (7) of the components were included.

All 8 required components were included.

Content

Insufficient content – lacks substance and depth. Not comprehensive – many gaps or concerns over mastery.

Substance and depth was lacking. Not comprehensive enough – and it is clear that the team hasn’t really mastered the material.

Sufficient substance and depth but the content could have been more comprehensive. It is unclear if the team has fully mastered the material.

Mostly demonstrates substance and depth. Overall, the components are comprehensive and the team has mostly mastered the material.

Overall, the presentation demonstrated substance and depth. The literature review/proposal components are comprehensive and it is clear the team has mastered the material.

Quality of Conclusions

Overall, the team does not demonstrate an understanding of their proposal’s limitations and did not attempt to address the limitations. Did not demonstrate an understanding of scope or implications.

Lacking a clear understanding of the research proposal’s limitations (or did not try to address any limitations) and lacking a clear understanding of scope and implications.

Sufficient coverage of potential limitations, solutions, and implications but not comprehensive / in-depth.

Have mostly assessed and identified the potential limitations and solutions regarding their design. They mostly understand the scope and potential implications of their research.

The team has clearly assessed their own research design and have identified the limitations and considered solutions. They have also identified the scope and potential implications.

Delivery & Participation

Did not project enthusiasm, seems to lack an understanding of the project / content, does not grasp the scope of the project / lack of effort.

Either lacked an understanding of the project / content, does not grasp the scope of the project, or demonstrated a lack of effort.

Sufficient participation but did not seem to have a comprehensive understanding of the project and/or did not project enthusiasm / effort regarding the project .

Mostly projected enthusiasm, seems to have a relatively comprehensive understanding of the project / content, and grasps the scope of the project / put in effort.

Projects enthusiasm, has a very comprehensive understanding of the project / content, grasps the scope of the project, and put in substantial effort.


Total Score:

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Short paper 2


Basic Information
:

Points: 40

Due date: May 5th by 11:00am

Page length: 4-5 pages double spaced, 12 point font

References needed: 5 minimum (APA citation format)


Topics
: This is a more traditional research paper and students can choose to write on
one
of the following prompts:

1. Highlight a real juvenile offender and apply at least two criminological theories to explain why they committed the crimes they committed. Then talk about, based on why they offended, what prevention programs would have been appropriate to stop their offending.

2. Discuss two risk factors (that we talked about in class), highlight at least 2 new facts about each risk factor, and present at least one prevention program that would be useful to combatting each risk factor.


Structure of paper for Prompt 1

I. Introduction: summarize in one paragraph what your paper will talk about.

a. I suggest writing this at the very end after you have already written up your paper and structured your argument.

II. Discuss your real juvenile offender (1 page or so)

a. This will require you to look around at famous cases of juvenile offenders. This can be any kid who has been convicted of a crime. You can find these cases anywhere (podcasts, movies, etc.), but you will use reputable news sources or articles to fill in your discussion of the youth and the case.

b. Most of this discussion should focus on the case.

III. Applying criminological theories (bulk of your paper)

a. Based on the facts of the real juvenile offenders’ case that you selected, you will discuss two criminological theories that can explain this person’s behavior

i. These theories can be ones we talk about in class or something you learned in the Criminological Theories/Criminology class.

b. You should not just speculate on the causes of this persons offending, but instead should use facts about the case and about their life to draw these conclusions.

IV. Prevention/rehabilitation programming

a. Based on what you determined the causes of your juvenile’s crime to be, what prevention programs or rehabilitation programs could be beneficial to this youth and kids that are similar to him/her?

b. Don’t forget to check the youth.gov website to look for effective programs! You can find this link in our last class PowerPoint.

V. Conclusion: students should, in 2-4 sentences, summarize the paper and present a new insight not drawn in the paper thus far.

Short paper 2 rubric: Prompt 1

Excellent

Above average

Acceptable

Below average

Non-existent

Introduction (2.5 points)

Student had an introduction that outlined the paper fully

Student had an introduction but it only outlined part of the paper

Student had an introduction but it only outlined part of the paper and was confusing

Student had an introduction but it was off topic

Student did not include an intro

Discussing juvenile offender (10 points)

Student found a real juvenile offender, provided a clear description of who they are and the crime. It was well-researched and well-written.

Student found a real juvenile offender, provided a description of who they are and the crime. But the section was either not well-written or was not well-researched.

Student is missing 1 or more of the following: (1) found a real juvenile offender, (2) described a real juvenile offender, (3) well-researched and well-written.

Student is missing 2 or more of the following: (1) found a real juvenile offender, (2) described a real juvenile offender, (3) well-researched and well-written.

Student did not complete this section.

Applying theories/prevention programs (20 points)

Student presented two theories, used details about the youth to back up their case, and found appropriate programming. Well-written and researched.

Student is missing 1 of the following: (1) a discussion of theories, (2) why these theories apply, (3) a discussion of programming options, (4) why they apply, (5) well-written/researched

Student is missing 2 of the following: (1) a discussion of theories, (2) why these theories apply, (3) a discussion of programming options, (4) why they apply, (5) well-written/researched

Student is missing 3 or more of the following: (1) a discussion of theories, (2) why these theories apply, (3) a discussion of programming options, (4) why they apply, (5) well-written/researched

Student did not complete this section.

Conclusion (2.5 points)

Student had a conclusion that summarized the paper and provided a new insight and was well-written

Student had a conclusion that summarized the paper and provided a new insight but was not well-written

Student had a conclusion that was missing either (1) a summary of the paper or (2) a new insight, but was well written

Student had a conclusion that was missing either (1) a summary of the paper or (2) a new insight and it was not well-written

Student did not include a conclusion

References (5 points)

Student had at least 5 references, they were all reputable, and they were cited properly

Student had at least 5 references, but they were not reputable or were not cited properly

Student had fewer than 5 references but they were cited properly and were reputable

Student had fewer than 5 references and they were not cited properly or were not reputable

Student did not reference anything



Note: well-written = easy to understand, not 100% grammatically correct or perfect

.


Structure of paper for Prompt 2

I. Introduction: summarize in one paragraph what your paper will talk about.

a. I suggest writing this at the very end after you have already written up your paper and structured your argument.

II. Discuss the two risk factors you chose (bulk of your paper)

a. You should present the major key pieces of information on each risk factor.

i. This should include: the prevalence of that risk factor among the juvenile offending populations (aka what % of youth experience it), why its related to offending (any theoretical linkage to offending?), and present at least two facts about it that we did not discuss in class.

III. Prevention/rehabilitation programming

a. In this section, you should highlight at least one prevention or intervention program that could be used to combat each of your risk factors.

b. Don’t forget to check the youth.gov website to look for effective programs! You can find this link in our last class PowerPoint.

IV. Conclusion: students should, in 2-4 sentences, summarize the paper and present a new insight not drawn in the paper thus far.

Short paper 2 rubric: Prompt 2

Excellent

Above average

Acceptable

Below average

Non-existent

Introduction (2.5 points)

Student had an introduction that outlined the paper fully

Student had an introduction but it only outlined part of the paper

Student had an introduction but it only outlined part of the paper and was confusing

Student had an introduction but it was off topic

Student did not include an intro

Discussing risk factors (20 points)

Student met all of the following criteria (1) selected two risk factors we discussed in class (2) provided prevalence and explanations for why this risk factor is related to delinquency, (3) provided two new facts about the risk factor, (4) it was well-written/researched

Student was missing one of the following criteria (1) selected two risk factors we discussed in class (2) provided prevalence and explanations for why this risk factor is related to delinquency, (3) provided two new facts about the risk factor, (4) it was well-written/researched

Student was missing two of the following criteria (1) selected two risk factors we discussed in class (2) provided prevalence and explanations for why this risk factor is related to delinquency, (3) provided two new facts about the risk factor, (4) it was well-written/researched

Student was missing three or more of the following criteria (1) selected two risk factors we discussed in class (2) provided prevalence and explanations for why this risk factor is related to delinquency, (3) provided two new facts about the risk factor, (4) it was well-written/researched

Student did not complete this section.

Applying prevention/rehab programs (10 points)

Student met the following criteria: (1) found one appropriate programming option for each risk factor, (2) explained why these are appropriate, (3) Well-written and researched.

Student is missing one of the following criteria: (1) found one appropriate programming option for each risk factor, (2) explained why these are appropriate, (3) Well-written and researched.

Student is missing two of the following criteria: (1) found one appropriate programming option for each risk factor, (2) explained why these are appropriate, (3) Well-written and researched.

Student is missing all of the following criteria: (1) found one appropriate programming option for each risk factor, (2) explained why these are appropriate, (3) Well-written and researched.

Student did not complete this section.

Conclusion (2.5 points)

Student had a conclusion that summarized the paper and provided a new insight and was well-written

Student had a conclusion that summarized the paper and provided a new insight but was not well-written

Student had a conclusion that was missing either (1) a summary of the paper or (2) a new insight, but was well written

Student had a conclusion that was missing either (1) a summary of the paper or (2) a new insight and it was not well-written

Student did not include a conclusion

References (5 points)

Student had at least 5 references, they were all reputable, and they were cited properly

Student had at least 5 references, but they were not reputable or were not cited properly

Student had fewer than 5 references but they were cited properly and were reputable

Student had fewer than 5 references and they were not cited properly or were not reputable

Student did not reference anything



Note: well-written = easy to understand, not 100% grammatically correct or perfect

Criminal homework help

CCJ 440 CYBERCRIME

POLICY PAPER RUBRIC

EVALUATION ELEMENTS

Weight Score NOTES

Topic Submitted 1

Paper Submitted On-Time 5

ELEMENTS & CONTENT OF THE PAPER

1. Title page 2

2. Introduction 7

3. Goals & Objectives are clearly articulated and concrete 15

4. Background data and research: Incorporated concepts and employed empirical
research findings from research-based sources including readings, videos,

discussions, scholarly sources, available data/figures from previous research,

government, non-government, international organization’s reports, etc.)

20

5. The Recommended Policy are clearly articulated and concrete; includes
implementation strategy, Measures and Actions Needed to Help Accomplish

Goals and Objectives (legislation, funding, programs, grant projects, if

applicable, Timetable for task and activities, etc.)

20

6. Citations and References (APA; at least 5 scholarly sources) 10

7. Paper Format- The paper length is around 1500-2000 words- not including the
title page and reference page)

5

8. Creativity and insight, demonstration of factual knowledge; demonstration of

scientific problem-solving skills

5

9. Clarity of paper, proper sentence construction, grammar, punctuation and spelling
(i.e., subtitles, etc.)

10

TOTAL GRADE 100

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ESSAY (850-1,000-word thesis-driven)
Write an essay that makes an argument about a question/theme shared by the two books. The overall
purpose of the project is to discover common ground shared among two stories and interpret their
significance in terms of understanding childhood trauma, memory, identity, or another overarching theme.
Consider what you can learn by integrating experiences from two authors to better understand an important
theme in literature.

● Support your thesis using specific examples from both texts.
● Identify a specific audience for your essay, which will, in turn, influence the writing purpose. The

intended audience should include one of the following:
○ Academic and scholarly (may or may have not read the books)
○ Professionals at a teacher’s conference (assume the audience has not read the books)
○ The general public who are interested in world literature (think readers of magazines

such as The Atlantic; assume the audience has not read the books)

USE THIS!

● Thesis: In your essay, use a thesis that takes a stance and offers reasons in support of it. Crucial to
any piece of argumentative/interpretive writing is its thesis. The thesis arises from the topic, or
subject, on which the writing focuses, and may be defined as follows: A thesis is an idea, stated as
an assertion, which represents a reasoned response to a question at issue and which will serve as
the central idea of a unified composition. When you compose a thesis statement, think about how it
satisfies the following tests:

1. Is it an idea? Does it state, in a complete sentence, an assertion?
2. Does it make a claim that is truly contestable and therefore engaging?
3. Are the terms you are using precise and clear?
4. Has the thesis developed out of a process of reasoning?
5. Can you back up your thesis with specific evidence from the texts?

Book 1: Persepolis by Satrapi

Book 2: A Woman Warrior by Maxine Hong

Criminal homework help

Policies and practices in cold
cases: an exploratory study

Robert C. Davis
Police Executive Research Forum, Police Foundation, Washington,

District of Columbia, USA
Carl Jensen

Center for Intelligence and Security Studies, University of Mississippi,
Oxford, Mississippi, USA, and

Lorrianne Kuykendall and Kristin Gallagher
Forensic Psychology Department, Marymount University,

Arlington, Virginia, USA

Abstract
Purpose – As a result of advances in DNA and other forensic technologies, police agencies are
showing increased interest in cold-case investigations, with larger departments dedicating staff to
conducting these investigations or forming cold-case squads. The purpose of this paper is to provide
information on how police agencies organize and conduct cold-case investigations.
Design/methodology/approach – To assess the current practices used in cold-case investigations,
an exploratory survey was sent to a stratified random sample of police agencies across the US survey
findings are based on 1,051 returns.
Findings – Results include the following. Most agencies do little cold-case work, with only 20 percent
having a protocol for initiating cold-case investigations, 10 percent having dedicated cold-case
investigators, and 7 percent having a formal cold-case unit. Cold-case funding is tenuous: 20 percent of
cold-case work is funded through line items in the budget, with most funded by grants or supplemental
funds. Success rates for cold-case investigations are low: about one in five cases are cleared. Agency factors
associated with higher clearance rates included level of funding and access to investigative databases.
Practical implications – As new forensic tools are developed, cold-case investigations will become
an increasingly prominent activity of criminal investigation units. The survey reported on in this paper
gives the first glimpse of how agencies are handling these cases.
Originality/value – To the knowledge, there are no other empirical studies on how agencies structure
and conduct cold-case investigations.
Keywords Homicide, Investigation, Police administration, Cold case
Paper type Research paper

Introduction
Technological advancements have transformed the way crimes are solved. Modern
investigators have tools at their discretion that their predecessors could not even
have imagined. Yet, while investigative tools have grown exponentially, clearance rates
have declined largely due to changes in the characteristics of homicides. Cold-case
investigations are a natural response by law enforcement agencies to go after unsolved
cases with the new arsenal of tools available. Spurred on by the availability of federal
funding and depictions in the popular media, more and more agencies have been drawn
to create cold-case units. The exploratory survey described in this paper was intended
to provide insight into current law enforcement cold-case policies and practices and to
create a foundation for further cold-case research.

Policing: An International Journal
of Police Strategies & Management
Vol. 38 No. 4, 2015
pp. 610-630
© Emerald Group Publishing Limited
1363-951X
DOI 10.1108/PIJPSM-10-2014-0107

Received 3 October 2014
Revised 3 April 2015
6 May 2015
Accepted 6 May 2015

The current issue and full text archive of this journal is available on Emerald Insight at:
www.emeraldinsight.com/1363-951X.htm

This work was funded by grant no. 2007-DD-BX-0014 from the National Institute of Justice.

610

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Background
The high rate of homicide clearance during the 1950s and 1960s dropped dramatically
into the 1990s and from there has remained relatively constant. Several studies found
clearance rates as high as 91 percent in 1965 compared to only 62 percent today
(Reynolds, 1995; Uniform Crime Report, 2012). Cardarelli and Cavanaugh (1992) noted
that from 1971 to 1990 there was a 33 percent increase in the number of murders and
non-negligent manslaughter reported to the police, but a 174 percent increase in
uncleared murders. As discussed below, the decline in clearance rates has been
attributed to several factors including the nature of crimes and unwillingness of
witnesses to come forward and aid investigations by identifying potential suspects.

A number of studies have noted that more homicides today are committed using
firearms, and gun crimes typically leave little physical evidence implicating the
perpetrator (McDowall, 1991; Ousey and Lee, 2010). On the other hand, homicides that
involve a struggle or other close contact between perpetrator and victim are more likely
to leave DNA or other physical evidence that makes the case easier to solve (Litwin,
2004; Addington, 2006; Regoeczi et al., 2008).

Cardarelli and Cavanaugh (1992) proposed a change in the nature of victim-offender
relationships homicide as one of the reasons influencing the reduction in clearance
rates. Fewer homicides today are committed by domestic partners and more by
strangers, more often leaving police without a clear suspect in the crime. This increase
in stranger-on-stranger homicides is especially acute in urban areas where people are
less likely to know their neighbors or recognize individuals who live in the area (Gilbert,
1983; Richardson and Kosa, 2001). Ousey and Lee (2010) also found there has been a
decrease in homicides resulting from arguments, again resulting in fewer
investigations with an obvious motive.

It has been argued that a lack of trust and fear of retaliation, especially in poor, high
crime neighborhoods, are major factors in the decline of clearance rates (Riedel and
Jarvis, 1999; Borg and Parker, 2001). The motto “stop snitching” has been publicized in
rap music and in the “gangsta culture,” leading to a culture of silence akin to witness
intimidation (Kahn, 2007). To be widely regarded as a “snitch” may lead to loss of
reputation, lack of criminal opportunities, and violent retaliation (Rosenfeld et al., 2003).
Without eyewitness testimony or members of the community providing information
that may provide a motive, police may have little information to go on when
investigating homicides. Moreover, members of the growing immigrant population
may also be afraid to step forward and assist the police due to fear of being deported
(Correia, 2010). In contrast, several recent studies have found that detectives in small,
close knit communities have more success in obtaining information to aid homicide
investigations (Weisheit and Wells, 2005; Paré et al., 2007).

Declining clearance rates led researchers to look at how the actions taken by the police
were related to the likelihood of solving crimes. A seminal study conducted by the RAND
Corporation in the 1970s produced a very pessimistic view of the effectiveness of
investigations. It found that 80 percent of crimes were solved at the crime scene by
actions of the responding officers or by information about the identity of the perpetrator
supplied by the victim or witness (Greenwood et al., 1977; Chaiken et al., 1976). Only
3 percent of index crimes were solved by true investigative efforts on the part of
detectives (Greenwood et al., 1977; Greenwood and Petersilia, 1975). Similar findings were
echoed a few years later in a study of burglary investigations by Eck (1979).

Subsequent research found more reason for optimism concerning the efficacy of
investigations. Some research has shown that agencies with certain attributes and

611

Policies and
practices in
cold cases

policies tend to have higher clearance rates. Cordner (1989) determined that clearance
rates decrease as agency size increases. Elliott (1978) found that agencies that held
investigators strictly accountable for individual cases had higher clearance rates than
those agencies that utilized traditional approaches. Some studies have found a
correlation between case clearance and detective experience and expenditures (Borg
and Parker, 2001; National Institute of Justice, 1997), but this finding is not consistently
supported in all studies (see e.g. Puckett and Lundman, 2003; Greenwood and Petersilia,
1975). After an extensive literature review, Rinehart (1994) concluded there are few
organizational variables that have a substantial and consistent effect on clearance
rates; rather, characteristics of the community and the state of police-community
relations have the greatest effect.

Other research has focussed on how the actions of investigators and responding patrol
officers affect the likelihood of clearance. For example, Wellford et al. (1999) reported that
case clearance is more likely when responding officers follow certain procedures, such as
contacting the medical examiner’s office and crime labs, when they are able to
immediately secure the crime scene and canvass for witnesses, and when the detectives
arrive within 30 minutes of crime-scene discovery. Other studies have found that
successful outcomes are also more likely when multiple detectives are assigned to a case;
when computer database checks are run on all evidence and individuals involved; and
when thorough interviews are conducted with witnesses, victims’ families, and neighbors
(Riedel and Rinehart, 1996; Schroder and White, 2009; Baskin and Sommers, 2010).

Evolution of cold-case units, DNA testing, and other databases
By the late 1980s, high crime rates combined with low clearance rates made the sheer
volume of unsolved cases overwhelming for many agencies. One response to the
declining clearance rates and large homicide backlogs was an increase in resources
invested in solving cold cases. There is no universally accepted metric for when a case
becomes “cold.” Many jurisdictions arbitrarily use the passage of a year as a boundary,
but some research suggests that there is a sharp decline in the ability to clear a case
after 72 hours has passed (Regoeczi et al., 2008). Jurisdictions also differ on when and
how cases are considered “cleared.” A common definition is that a case is cleared when
one of the following occurs; an arrest is made, the suspect commits suicide at the time of
the homicide, or the homicide is ruled in self-defense (Wellford et al., 1999).

Cold-case investigations have been facilitated by technological advances. The
introduction of DNA testing in the 1980s brought about a major revolution in criminal
investigations. Historically, matching an individual to a crime required eyewitness
identification or the matching of specific body characteristics, such as fingerprints or
dental records. The introduction of DNA evidence has allowed offenders to be
identified by analyzing unique nucleic information found in any part of the human
body (Gans and Urbas, 2002). Its early use was either to exonerate or to strengthen the
case against an individual who had already been identified as a suspect in a crime
(Golding et al., 2000). However, crime experts quickly realized that DNA could be used
to identify suspects in cases in which no suspect had been identified through other
investigative means (FBI, n.d.a, website). The DNA Identification Act of 1994
authorized the FBI to form the Combined DNA Index System (CODIS) that allowed
sharing of DNA indices across states.

Recognizing the potential in the growing CODIS database, the federal government
has lent financial support to the use of DNA to solve cases, new and old. In 2006, the
National Institute for Justice (NIJ) provided over $107 million in funding for DNA

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38,4

research under the DNA initiative, a five-year plan to support and promote the use
of forensic DNA in solving crimes. NIJ has also granted federal funding to support
cold-case units that utilize DNA analysis; between the years 2004 and 2011, over $66
million were provided to 37 states.

Other technological advances have also helped investigators solve crimes.
Databases such as Automated Fingerprint Identification Systems (AFIS) and the
National Integrated Ballistic Information Network (NIBIN) made it possible to link
forensic evidence to individuals and other crime scenes. State and local jurisdictions are
able to maintain their own AFIS systems, in addition to the Integrated Automated
Fingerprint Identification System (IAFIS) that was introduced by the FBI in 1999.
The FBI plans to replace IAFIS with the Next Generation Identification System, which
would also incorporate palm prints, iris, and facial identification (FBI, n.d.b). NIBIN,
which was created by the Bureau of Alcohol, Tobacco, Firearms and Explosives in
the 1990s, allows policing agencies to match digital markings from spent ammunition
in their crime scenes to other crimes scenes from the database, or to individual
firearms. As of September, 2013, the program had produced more than 50,000 hits
(King et al., 2013)[1].

Rationale for the present study. Despite the growing number of cold-case
investigations and the expenditure of significant resources to fund them, we know
virtually nothing about the return on this investment. Does it make sense for law
enforcement agencies to devote significant resources to solving cold cases, or are those
resources better deployed in solving recent cases? How do agencies organize and
support cold-case work? The survey reported on in this paper was designed to help
begin answering these questions by developing information about how cold-case work
is organized and funded, and what policies govern cold-case work.

Method
To assess the current practices used in cold-case investigations, we developed an
exploratory survey for law enforcement agencies. The survey was developed with the
assistance of an expert scientific review panel that included several cold-case
investigators. The 27-question survey focussed on general agency policies regarding
cold-case investigations, funding for cold-case investigations, use of DNA testing, and
factors promoting cold-case solvability. Most of the survey items consisted of closed
ended questions in which respondents chose from a list of pre-selected answers. A copy
of the survey is included in the Appendix.

In creating the sampling frame, the University of Baltimore’s Schaefer Center
for Public Policy utilized a Bureau of Justice Statistics (BJS) database of chiefs of police
and sheriffs. This original database was comprised of 15,884 chiefs of police from all
police departments in the USA, including native American tribal police departments.
The Center then drew a stratified sample of 5,000 agencies from the original database.
The resulting sample of 5,000 included 44 Native American tribal police departments
and 997 other departments with more than 100 full-time sworn officers. The balance of
the sample (3,959) was comprised of police departments in the following size categories:
1,886 from departments with zero to 25 full-time sworn officers; 1,000 from departments
with 26 to 50 full-time sworn officers; 707 from departments with 51 to 75 full-time
sworn officers; and 366 from departments with 76 to 99 full-time sworn officers.

On November 17, 2008, the chiefs of police in the sample were sent a letter
explaining the purpose of the survey and inviting them to participate. Potential

613

Policies and
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cold cases

respondents were directed to the web-based survey instrument through a provided web
address (uniform resource locator, or URL). Three separate mailings were made. The
first mailing went to all 5,000 respondents. Two weeks later, letters were mailed to the
4,919 respondents who had not yet completed the survey. Two weeks after the second
letter was sent, a third and final letter was mailed to the 4,570 respondents who had not
yet completed the survey. The survey was taken down from the web in February 2009.

Of the 5,000 surveys mailed out, 1,051 were completed – for a response rate of about
20 percent. We broke down responses according to type of agency, size of agency, and
region of the USA (see Figure 1). Response rates varied little by agency type. In total,
19 percent of police agencies returned surveys, a percentage that is virtually identical to
the other types of agencies that returned surveys: 18 percent of sheriff offices,
20 percent of state police agencies, and 14 percent of tribal police agencies.

We also did not find any substantial differences according to region of the country.
We received returns from 17 percent of respondents in the northeast, 25 percent of
agencies in the southeast, 21 percent of agencies in the north central region, 16 percent
of agencies in the south central region, and 21 percent of agencies in the northwest.
Only the southwestern states, which returned 32 percent of surveys mailed out, had a
response rate that stood out from the others.

We did note that there was a strong correlation between agency size and response
rate. Surveys were returned by 33 percent of agencies with 100 or more sworn officers, by
26 percent of agencies with 76-99 sworn officers, by 27 percent of agencies with
51-75 sworn officers, and by 20 percent of agencies with 26-50 sworn officers, but only by
12 percent of agencies with 25 or fewer sworn officers. We surmise that the low response
rate among smaller agencies was because they did not have formal procedures for
conducting cold-case operations, and therefore did not feel the survey applied to them. In
retrospect, a better strategy would have likely been to begin the survey with an “opt-out”
screening question that, if answered negatively, would require no further responses.

The overall low response rate is likely to affect survey estimates of cold-case
practices (e.g. the proportion of agencies that have a dedicated cold-case unit). For this
reason, the estimates of the proportion of agencies having dedicated cold-case

Policing Agencies
Sheriff Office
State Police
Tribal Police

Northeast
Southeast

Southcentral

�100
76 – 99
51-75
26 – 50

�25

0 5 10 15 20 25 30 35

Percentage

Type Agency Size

Southwestern

Region

Figure 1.
Response
rate × agency
characteristics

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investigators, dedicated cold-case units, or defined cold-case protocols are best thought
of as upper limits on the proportions of these characteristics in the law enforcement
population. It is less likely that the response rate affects survey results concerning the
cold-case investigation process (e.g. definitions of cold cases, types of cases worked,
criteria for selecting which cold cases to investigate).

Results
Cold-case practices
The first section of the survey sought to determine how agencies define “cold-case” and
how they select and prioritize cases to be worked as cold-case investigations.

When asked what process is used to formally close (or relegate to inactive status)
investigations that have been actively investigated but remain unsolved, a plurality of
the responding agencies (41 percent) stated that the investigative supervisor made the
decision (see Figure 2). In total, 18 percent stated the case investigator made the
decision, and only 3 percent of the agencies used a committee of investigators to close
cases. The remaining 36 percent of responding agencies did not close cases; rather,
investigations remained open without active pursuit.

In total, 70 percent of responding agencies formally re-open and investigate
cold-cases. However, of those, only 23 percent have a formal protocol used when
determining which cases to work.

Respondents were then asked to rate a series of factors in terms of their effect on the
decision to open a cold-case investigation. Figure 3 indicates the most common reasons
for re-opening cases have to do with physical evidence; new witnesses coming forward
and the availability of new DNA technology to retest old physical evidence (mentioned
by 90 percent of respondents). Availability of new material for DNA testing and the
availability of other physical evidence were both mentioned by 86 percent of
responding agencies to be contributing factors. The least mentioned factors were
that a prior conviction had been overturned (mentioned by 22 percent) and recovered
memory or new information from a previously known witness was produced
(mentioned by 36 percent).

Supervisor
41%

Investigator
18 %Committee

3 %

Stay
36 %

Other
2 %

Figure 2.
How cases
are closed

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Policies and
practices in
cold cases

Administration of cold-case investigations
The next section of the survey focussed on administrative issues of cold-case
investigations and units. The survey inquired as to how cold-case investigations are
structured in each agency. Just 7 percent of the responding agencies had a dedicated
cold-case unit. The existence of a dedicated unit was found almost exclusively among
agencies with 100 or more sworn officers (as shown in Figure 4). Still, even among the
larger agencies, only 18 percent reported having a dedicated cold-case unit.

Among agencies that formally reactivated cold cases, 15 percent indicated
these investigations are handled by one or more dedicated cold-case investigators.
In total, 30 percent assigned cold cases to the original investigator, while 44 percent
assigned cold cases as part of detectives’ regular workload, (11 percent of agencies
fell into an “other” category).

The next question requested that agencies estimate the numbers of full-time
equivalents (FTE) that are assigned to work on cold cases, regardless of whether the
agency has a specialized cold-case unit. A majority of agencies (54 percent) had two or
fewer sworn FTEs assigned to cold-case work, but one in ten had ten or more officers
assigned. In total, 19 percent also had at least one civilian FTE working on cold cases.

A majority of agencies (58 percent) fund their cold-case investigations with grants or
supplemental funding. The median estimate of allocation of funds reported in the
survey was $35,000. One in five of the responding agencies include cold-case
investigations as a line item in their budget[2].

0.18

0.04

0.02

0.01

0 0.05 0.1 0.15 0.2

100+

76-99

51-75

0-50

N
u
m

b
e
r

o
f
sw

o
rn

o
ff
ic

e
rs

Proportion with cold case units

Figure 4.
Formal cold-case
units by agency size

90
90

86
86

80
71

55
49
49

36
22

New witnesses
New DNA methods
New DNA material

Other forensics
New forensic methods

Systematic re-examination
Witnesses change story

Misplaced evidence
Elapsed time

Recovered memory
Prior conviction overturned

Percentage

Figure 3.
Factors governing
re-opening of cases

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38,4

Types of cases worked and success rate
As shown in Table I, homicides are the most common crime investigated by cold-case
investigators (68 percent). The next most-commonly investigated cold cases were
missing persons, with 35 percent of agencies investigating at least one missing-person
case. Surprisingly, burglaries were the third most common type of cold-case
investigation, followed by sex offenses (29 percent) and robberies (23 percent). The
least commonly investigated cold-case crimes were embezzlement (16 percent), arson
(15 percent), and kidnapping (8 percent). We attempted to determine whether the range
of cases worked by agencies was related to the degree that cold-case investigations
were institutionalized, namely, whether agencies had dedicated cold-case units or
investigators and whether cold-case funding was a line item in agency budgets. We did
not find a relationship between type of funding and range of case worked, but did find
that agencies that had dedicated cold-case investigators worked on a significantly
greater range of types of cases than other agencies[3].

Agencies varied widely in the proportion of cold cases with a known perpetrator
that resulted in arrest. In total, 28 percent of respondents did not know what their
cold-case arrest rate was. Of those agencies reporting a proportion, nearly two in
three agencies (62 percent) reported arrests in 10 percent or less of cold-cases
investigated. Within this group, 36 percent reported making no cold-case arrests.
These obviously tended to be agencies that conducted few cold-case investigations.
At the other end of the spectrum, 14 percent of agencies reported arrests in better
than three-quarters of the cold cases in which a perpetrator had been identified.
Based on statistics provided by respondents, slightly more than one in five sex
offenses, burglaries, homicides, and robberies were cleared. The lowest clearance
rates were reported for embezzlement, arson, and kidnapping, each under 10 percent.
Surprisingly, success in clearing cold cases was not related to either stability of
cold-case funding or having a dedicated unit or investigators.

Institutional support
Some agencies lent various forms of institutional support to facilitate successful
investigations (see Figure 5). The most common type of institutional support was
overtime pay with supervisory permission, noted by 37 percent of respondents. Other
forms of common institutional support were funds to travel outside the jurisdiction to
pursue leads (noted by 32 percent of respondents) and being able to take home a car
(noted by 24 percent of respondents). Only a handful of agencies reported that cold-case
investigators were able to work overtime hours without authorization or that
investigators received incentives for their work.

% of agencies that worked at least one case in past year

Homicides 68
Missing persons 35
Burglaries 29
Sex offenses 29
Robberies 23
Embezzlement 16
Arson 15
Kidnapping 8

Table I.
Types of cold cases
worked in past year
and clearance rates

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Policies and
practices in
cold cases

Respondents were asked about strategies their agencies used to promote cold-case
investigations (as shown in Figure 6). The most frequent strategy used was assigning
senior investigators to cold cases (mentioned by 45 percent of respondents). The use of
information sharing systems, such as Regional Information Sharing Systems and Law
Enforcement Online, was mentioned by 30 percent of respondents. Less frequently
used strategies (mentioned by less than one in five responding agencies) included
coordination with state law enforcement agencies, assigning teams of investigators
maintaining a cold-case database, offering elective specialized cold-case training,
maintaining a formal liaison with the media, coordinating with federal agencies, and
requiring specialized training in cold cases.

Use of DNA evidence
Only 13 percent of responding agencies reported having specific polices on the types of
cases and circumstances under which DNA samples are submitted for laboratory

Authorized
overtime

37 %

Travel to
pursue leads

32 %

Take
home
cars
24 %

Unauthorized
overtime

5 %
Incentives

2 %

Figure 5.
Types of
institutional support
for cold-case
investigators

0 5 10 15 20 25 30 35 40 45 50

Assign experienced investigators

Access to investigative databases

Coordination with state agencies

Assign teams of investigators

Maintain cold case database

Optional cold case training

Formal media liaison

Coordination with federal agencies

Required training in cold cases

Percentage

Figure 6.
Strategies to
promote cold-case
investigations

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38,4

testing. Agencies were asked how many DNA samples were submitted for testing in
the past year, and whether the results were matched to a known suspect. Almost half of
the responding agencies did not answer these questions. In total, 38 percent of those
that did respond stated their agency did not submit any DNA samples in the past year,
and 48 percent reported submitting ten samples or less for testing; the average number
of cases submitted was four. DNA samples were far more likely to be submitted for
testing in agencies that had cold-case units or staff dedicated to cold-case
investigations: 84 percent of such agencies had submitted DNA samples for testing
during the past year compared to 55 percent of agencies that reported having a
cold-case process, but no staff dedicated to cold-case investigations. This suggests that
agencies that make a serious commitment to investigating cold cases are also willing to
allocate funds for laboratory testing of DNA evidence.

Respondents estimated that 10 percent of the samples resulted in a suspect match,
and 5 percent of the DNA samples were linked to other crime scenes. These numbers
are likely to increase as the size of the CODIS database becomes larger.

Conclusion
The purpose of this study was to provide a preliminary overview of cold-case
investigative units and strategies nationwide. While the survey was considered
exploratory, and the response rate was less than optimal, we still take away from the
survey several key findings that can help inform and improve these investigations.

One of the major findings was that cold-case investigations are mostly
opportunistic. Agencies do not appear to be influenced by the pressure of the
media or victims’ families when it comes to deciding whether to re-open a case, nor do
most agencies re-examine unsolved cases as a matter of routine. Instead, often,
cases are actively investigated only when new evidence emerges (whether physical
or witness statements) or when new DNA testing methods are used to retest old
evidence. Agencies could benefit from the practice of regular reviews of unsolved
cases looking for those in which leads were not pursued or forensic evidence not
thoroughly exploited.

We also found that cold-case work is usually loosely structured. It is rare to have
dedicated investigators and rarer still to have dedicated cold-case units. In our
observations, cold-case work is something that investigators do as time permits on
their active caseload. Funding is not stable, and typically is not included as a line item
in agency budgets. This suggests that federal funding of cold-case DNA work remains
essential if cold-case investigations are to be supported and expanded.

A third key finding is that the rate of success in cold-case investigations is low,
around one in five or less, depending on type of case. A one in five success rate may not
seem low for cases that have were not solved initially. But, as stated above, many, or
perhaps most, cold-case investigations are begun only after new leads come in or new
evidence is uncovered. Since the survey responses were based on estimates, so we have
no way of knowing how accurate those estimates were. Yet, they do raise questions
about the efficiency of cold-case work.

The fact that statistics provided on the survey were often estimates makes it hard to
rely strongly on the study’s findings, especially when it comes to clearance rates. Our
experience on site in several major city agencies with dedicated cold-case investigators
(see Davis et al., 2014) indicated that the disorganized state of record keeping that
Greenwood et al. noted for investigations in 1977 is still true today, at least for cold
cases. A first step to better cold-case practices is to encourage agencies to develop

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Policies and
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cold cases

cold-case management systems that track the number of cases worked, the number
solved, and the amount of investigative time and resources that are consumed. These
systems would facilitate closer oversight of investigators and generate data to better
determine the probability of solving cases based on characteristics (eg. age of case,
mode of homicide, availability of witnesses, etc.) as well as allowing an examination of
which activities of investigators are most likely to produce a clearance.

After reviewing

Criminal homework help

Application of Criminological Theory

Background

Your police department has noted a recent increase in criminal activity. Robberies occurring between the hours of 10 PM and 3 AM have increased by 50%, especially on the weekends. In a majority of cases, the victim reports being alone at the time of the robbery and had recently left a local drinking establishment. You are responsible for investigating why this increase in crime is occurring so a solution can be implemented to better protect the community.

Assignment

· Identify the theory (or theories) and the main arguments of the theory that best explain the increase in crime in this scenario.

· Coherently relate the concept(s) and argument in the theory to the supporting evidence you see with the increase in criminal activity.

· Assess how well the theory or theories explain crime victimization in general. 

· Taking into consideration the theory or theories you chose, what steps do you recommend your department take to thwart the criminal activity?

Write a paper that meets the following requirements:

· Be 2-3 pages in length not counting the title and reference pages, which you must include.

· Use terms, evidence, and concepts from class readings.

· Cite at least three scholarly sources for this assignment. Scholarly resources include peer-reviewed journal articles, books, the class textbook, or reports/documents from the government (.gov sites). A scholarly source does not include general sources from the internet (.com, .org, .edu, and .net sites are not scholarly). Scholarly resources should be current (no older than five years). If the class textbook is used as a source, then five other scholarly sources must be used. 

Criminal homework help

Instructions

After reading the articles linked below, written by Jeffrey Butts and Judge Burnett, do you feel that the juvenile
court is still necessary in the U.S.?

These articles were written 20 years ago and yet here we are still debating the “reform” potential of the
juvenile court. Whose argument is more convincing given what you now know about delinquency in the U.S.?
Be sure to use information from both articles to help support your answers.

Please include stuff from Chapters 21-25. What information you use will depend on the argument you are
making. I want to see how you can integrate the material into your answer.

This essay needs to be more developed and thought out than your previous posts. You do not need to do any
additional research, however, be sure to show evidence to support your arguments using the articles I have
provided. The length of the essay will vary but needs to be 1000 words at minimum.

Please feel free to contact me if you have any questions.

Due May 6, 2022

Criminal homework help

4/21/22, 4:24 PM Rubric Assessment – CCJS 100 7382 Introduction to Criminal Justice (2222) – UMGC Learning Management System

https://learn.umgc.edu/d2l/lms/competencies/rubric/rubrics_assessment_results.d2l?ou=631928&evalObjectId=1220449&evalObjectType=1&userId=2… 1/3

100 Assignment #3 Rubric
Course: CCJS 100 7382 Introduction to Criminal Justice (2222)

Criteria
Exceeds
Expectations

Meets
Expectations

Approaching
Expectations

Failure to Meet
Expectations

Criterion Score

Content / 20
20 points

Student

presented an

exemplary crime

scenario which

contained all

elements of a

crime necessary

to answer the

additional

assignment

questions

Student

accurately chose

the correct crime

charges based

off of their state

statute and cited

it correctly

Student fully

and clearly

articulated

probable cause

for the arrest

Student did an

exemplary job

detailing the role

of the DA

Student fully,

clearly and

without error

detailed each

step taken to get

the case to trial

and conviction

17.9 points

Student

presented a good

crime scenario

with the

elements of a

crime necessary

to answer the

additional

questions

Student mostly

chose the

correct and

most accurate

crime charges

based off of their

state statute and

cited it correctly

Student clearly

articulated

probable cause

for arrest

Student clearly

detailed the role

of the DA

Student clearly

detailed the

steps taken to

get the case to

trial and to be

convicted,

although some

steps may be

missing

15.9 points

Student

presented a

crime scenario,

but it has

errors/doesn’t

make

sense/doesn’t

enable them to

answer the rest

of the questions

Student did not

adequately/or

incorrectly list

the crime(s) to be

charged

Student did not

adequately/or

incorrectly

identified

probable cause

for arrest..

Student did not

clearly/or

incorrectly

detailed the role

of the DA

Student did not

clearly/or

incorrectly

detailed the

steps to the get

the case to trial

and conviction

13.9 points

Student did not

fulfill one more

more

requirement for

this assignment

Points available

D: 12-13.9

Points available

F: 0 -11.9

4/21/22, 4:24 PM Rubric Assessment – CCJS 100 7382 Introduction to Criminal Justice (2222) – UMGC Learning Management System

https://learn.umgc.edu/d2l/lms/competencies/rubric/rubrics_assessment_results.d2l?ou=631928&evalObjectId=1220449&evalObjectType=1&userId=2… 2/3

Total / 30

Criteria
Exceeds
Expectations

Meets
Expectations

Approaching
Expectations

Failure to Meet
Expectations

Criterion Score

Format / 10

Student used a

minimum of 3

resources in this

assignment (1 of

which is required

state statute)

Points

available: 18-20

Student used a

minimum of 2

resources in this

assignment (1 of

which is required

state statute)

Points

available: 16-

17.9

Student used 1

or fewer

resources in this

assignment

and/or did not

use the required

state statute

Points

available: 14-

15.9

10 points

Student followed

APA format

correctly (Cover

page, in text

citations,

reference page)

Student followed

all format

directions for

this assignment

Student had no

more than 1

grammar or

spelling error

Student

submitted

assignment on

time

Points available:

9-10

8.9 points

Student mostly

used APA format

correctly, but

does have one or

more errors

(Cover page, in

text citations,

reference page)

Student mostly

followed all

format directions

for this

assignment but

has 1 or more

errors

Student

submitted

assignment on

time

Points available:

8-8.9

7.9 points

Student did not

follow APA

format correctly

and has two or

more errors

(Cover page, in

text citations,

reference page)

Student mostly

followed the

format directions

for this

assignment but

has more than 2

errors

Student

submitted

assignment on

time or within 2

days of deadline

passing

Points available:

7-7.9

6.9 points

Student did not

fulfill

format/grammar/

spelling/timeline

ss expectations

for this

assignment.

Assignment was

5 or more days

past due

Points available

D: 6-6.9

Points available

F: 0-5.9

4/21/22, 4:24 PM Rubric Assessment – CCJS 100 7382 Introduction to Criminal Justice (2222) – UMGC Learning Management System

https://learn.umgc.edu/d2l/lms/competencies/rubric/rubrics_assessment_results.d2l?ou=631928&evalObjectId=1220449&evalObjectType=1&userId=2… 3/3

Overall Score

Exceeds

Expectations –

Equivalent to an A
27 points minimum

Meets

Expectations –

Equivalent to an

B
24 points minimum

Approaching

Expectations –

Equivalent to an C
21 points minimum

Failure to Meet

Expectations –

Equivalent to a D or an F
0 points minimum

Criminal homework help

Application

Instructions

Application: Reference Page

An important part of the Capstone Project is gathering scholarly resources (e.g., peer-reviewed journal articles, government websites, and reputable books) related to your selected topic. Scholarly resources provide reliable information written by professional researchers or experts. Be sure to review a number of resources that incorporate a variety of views on your topic. For this assignment, you should plan to review 10 or more scholarly resources with the idea of selecting a minimum of six scholarly resources. For your Capstone Project you are required to select 8–10 resources. Creating a proper reference list of the scholarly resources you compile is a critical piece of the Capstone Project. The purpose of the reference list is to accurately cite and record the resources you gather so that they may be referenced at a later time. As a student at Walden University, you are required to use proper American Psychological Association (APA) style to create your reference list. Take care to use precise formatting to complete the reference list.

To prepare for this assignment:

Review Chapter 9 in the Publication Manual of the American Psychological Association to gain an understanding of appropriate formatting for a reference list.

Search the Internet, Walden Library, and other reliable resources to locate at least 10 viable resources for references and select six to use for a reference list for this assignment.

Think about how you will compose a preliminary reference list.

The assignment (1–2 pages):

Compose a preliminary reference list using appropriate APA formatting. Include at least six scholarly resources.

Support your Application Assignment with specific references to all resources used in its preparation. You are asked to provide a reference list for all resources, including those in the Learning Resources for this course.

Criminal homework help

To my parents

I
INTRODUCTION

n the second millennium B.C., while the Elam nation was developing a
civilization alongside Babylon, Indo-European invaders gave their name to

the immense Iranian plateau where they settled. The word “Iran” was derived
from “Ayryana Vaejo,” which means “the origin of the Aryans.” These people
were semi-nomads whose descendants were the Medes and the Persians. The
Medes founded the first Iranian nation in the seventh century B.C.; it was later
destroyed by Cyrus the Great. He established what became one of the largest
empires of the ancient world, the Persian Empire, in the sixth century B.C. Iran
was referred to as Persia — its Greek name — until 1935 when Reza Shah, the
father of the last Shah of Iran, asked everyone to call the country Iran.

Iran was rich. Because of its wealth and its geographic location, it invited
attacks: From Alexander the Great, from its Arab neighbors to the west, from
Turkish and Mongolian conquerors, Iran was often subject to foreign
domination. Yet the Persian language and culture withstood these invasions.
The invaders assimilated into this strong culture, and in some ways they
became Iranians themselves.

In the twentieth century, Iran entered a new phase. Reza Shah decided to
modernize and westernize the country, but meanwhile a fresh source of wealth
was discovered: oil. And with the oil came another invasion. The West,
particularly Great Britain, wielded a strong influence on the Iranian economy.
During the Second World War, the British, Soviets, and Americans asked Reza
Shah to ally himself with them against Germany. But Reza Shah, who
sympathized with the Germans, declared Iran a neutral zone. So the Allies
invaded and occupied Iran. Reza Shah was sent into exile and was succeeded by
his son, Mohammad Reza Pahlavi, who was known simply as the Shah.

In 1951, Mohammed Mossadeq, then prime minister of Iran, nationalized the
oil industry. In retaliation, Great Britain organized an embargo on all exports
of oil from Iran. In 1953, the CIA, with the help of British intelligence,
organized a coup against him. Mossadeq was overthrown and the Shah, who
had earlier escaped from the country, returned to power. The Shah stayed on
the throne until 1979, when he fled Iran to escape the Islamic revolution.

Since then, this old and great civilization has been discussed mostly in
connection with fundamentalism, fanaticism, and terrorism. As an Iranian who
has lived more than half of my life in Iran, I know that this image is far from
the truth. This is why writing Persepolis was so important to me. I believe that
an entire nation should not be judged by the wrongdoings of a few extremists. I
also don’t want those Iranians who lost their lives in prisons defending
freedom, who died in the war against Iraq, who suffered under various

repressive regimes, or who were forced to leave their families and flee their
homeland to be forgotten.

One can forgive but one should never forget.
Marjane Satrapi
Paris, September 2002

CREDITS

Translation of first part of Persepolis: Mattias Ripa

Translation of second part of Persepolis: Blake Ferris

Supervision of translation: Marjane Satrapi and Carol Bernstein

Lettering: Celine Merrien and Eve Deluze

THANKS TO

Anjali Singh

L’Association

David B.

Jean-Christophe Menu

Emile Bravo

Christophe Blain

Guillaume Dumora

Fanny Dalle-Rive

Nicolas Leroy

Matthieu Wahiche

Charlotte Miquel

Amber Hoover

Persepolis, translation copyright © 2003 by L’Association, Paris, France
Persepolis 2, translation copyright © 2004 by Anjali Singh

All rights reserved. Published in the United States by Pantheon Books, a division of
Random House, Inc., New York, and in Canada by Random House of Canada, Limited,

Toronto.

The Complete Persepolis was originally published in the United States in two separate
volumes:

Pantheon Books and colophon are registered trademarks of Random House, Inc.

Library of Congress Cataloging-in-Publication Data
Satrapi, Marjane, [date]

[Persepolis, English]
The complete Persepolis / Marjane Satrapi.

p. cm.
Contains the author’s Persepolis (2003) and Persepolis 2 (2004)

eISBN: 978-0-307-51802-6
1. Satrapi, Marjane, [date]—Comic books, strips, etc. I. Satrapi, Marjane, [date]

Persepolis 2. English. II. Title.
PN6747.S245P4713 2007

955.05′42092—dc22
[B] 2007060106

www.pantheonbooks.com
v3.0

  • Cover
  • Dedication
  • Title Page
  • Introduction
  • Chapter 1
  • Chapter 2
  • Chapter 3
  • Chapter 4
  • Chapter 5
  • Chapter 6
  • Chapter 7
  • Chapter 8
  • Chapter 9
  • Chapter 10
  • Chapter 11
  • Chapter 12
  • Chapter 13
  • Chapter 14
  • Chapter 15
  • Chapter 16
  • Chapter 17
  • Chapter 18
  • Chapter 19
  • Chapter 20
  • Chapter 21
  • Chapter 22
  • Chapter 23
  • Chapter 24
  • Chapter 25
  • Chapter 26
  • Chapter 27
  • Chapter 28
  • Chapter 29
  • Chapter 30
  • Chapter 31
  • Chapter 32
  • Chapter 33
  • Chapter 34
  • Chapter 35
  • Chapter 36
  • Chapter 37
  • Chapter 38
  • Chapter 39
  • Credits
  • Copyright

Criminal homework help

Name:__________________________

Tamerlan and Dzhokhar Tsaranev – The Boston Marathon Bombers Case Study

(70 points)

CJ 3200 – Understanding Criminal Behavior

After watching the video in class you should be able to answer the following questions. You are also being given a brief additional reading with information that may be helpful to you, as will your textbook.

1. What publication were the Tsaranev brothers reading to find the recipe for their bombs? What group did the magazine represent? (5 points)

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

2. What did Dzhokhar do shortly after the bombing? This behavior could be an example of psychopathy in Dzhokar. Why might it represent that? (10 points)

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

3. What risk factors for violent behavior did Dzhokhar face? What protective factors did he have? (Name 2 risk and 2 protective factors.) (10 points)

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

4. What risk factors did Tamerlan face? (Name two). What was his biggest protective factor that ended up being taken away from him because he was not a US citizen? (10 points)

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

5. What belief system did Tamerlan begin to follow? What event seemed to solidify his believe system even more? (He started sharing information with his brother more and more during this time.) (5 points)

________________________________________________________________________________________________________________________________________________________________________________________________________________________

6. What other crimes did the brothers commit while they were trying to escape from Boston to Watertown? There were at least 2 you should mention. (10 points)

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7. What was the motive behind the bombing? (Hint: It was in the manifesto written in the boat by Dzhokhar). (5 points)

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

8. Refer to Table 11-1 in your text: Main Characteristics of Lone Wolf Terrorist. The Tsaranev brothers have been classified as Lone Wolf Terrorists. Based on this table and the subsequent reading in your chapter why do you believe they were classified in this manner? Identify which of those seven factors the brothers meet. (15 points)

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Criminal homework help

Instructions:

Assignment

· FINAL PAPER: A Comparative Study [100 points]

· Complete a thorough comparative analysis of the United States’ criminal justice system and at least 2 of the model systems that we covered over the course of the semester.

· Compare and contrast the systems.

· Include the pros and the cons of each system.

· Based on your research, determine the most ideal system of the 3 choices and explain why.

 

·

·
Length requirement: A minimum of 10 pages REQUIRED. This is excluding the cover page and the Bibliography page. There must be at least 10 pages of written work submitted.

·
Points will be deducted for a failure to meet the page requirement.


 

·

· Any source material can be used to construct this paper (i.e. textbook, newspaper articles, online articles, etc…). All materials MUST BE CITED.


Points will be deducted for a failure to use proper citations.

Criminal homework help

Due Date: 11:59 pm EST Sunday of Unit 7
Points: 100

Overview:

Over the past several weeks, you have researched a problem and some local services
that may help a client in need. In many human service professions, you may work
directly with clients to offer help in resolving specific issues, however, you may also
work on educating the local community about that issue.

It is important to understand what information is important to share with your community
in the hopes of educating others about a common problem your clients may face.

Instructions:

In this assignment, you are being asked to create a visual representation of the problem
you selected for the Unit 6 Addressing Client Needs Paper. You can be creative in
making your infographic by using graphs and charts in Word or PowerPoint or using
Piktochart or Canva. Whichever way you decide to create it, your visual representation
must include the following:

• Description of the problem.
• Statistics about the problem.
• Underlying causes and impact of the problem.
• Description of the services clients may receive to resolve the problem.

Requirements:

• You can be creative with how you present the information.
• Incorporate all ideas into your own words.
• Use appropriate APA placement and style for in-text citations and references.

Be sure to read the criteria below by which your work will be evaluated before
you write and again after you write.

HSV101 – Introduction to Human Services

Unit 7 Assignment: Community Education

Evaluation Rubric for Community Education Infographic Assignment

CRITERIA Deficient Needs
Improvement

Proficient Exemplary

0-8 points 9-11 points 16-19 points 20 points
Description of
the problem

Description of
problem is
missing or
inadequate.

Description of
problem is
somewhat
explained.
Missing major
detail(s).

Description of
problem is mostly
explained.
Missing minor
detail(s).

Description of
problem is fully
explained.

0-8 points 9-11 points 12-14 points 15 points
Statistics about
the problem

Statistics about
the problem are
missing or
inadequate.

Statistics about
the problem are
somewhat
addressed.

Statistics about
the problem are
mostly
addressed.

Statistics about the
problem are
thoroughly
addressed.

0-11 points 12-15 points 16-19 points 15 points
Explanation of
the underlying
causes and
impact of the
problem

Explanation of
the underlying
causes and
impact of the
problem are
missing or
inadequate.

Explanation of the
underlying causes
and impact of the
problem are
somewhat
addressed.

Explanation of the
underlying causes
and impact of the
problem are
mostly
addressed.

Explanation of the
underlying causes
and impact of the
problem are
thoroughly
addressed.

0-5 points 6-7 points 8-9 points 10 points
Description of
services to
address the
problem

Description of
services is
missing or
inadequate.

Description of
services is
somewhat
explained.
Missing major
detail(s).

Description of
services is mostly
explained.
Missing minor
detail(s).

Description of
services is fully
explained.

Visual – use of
pictures and
graphics

Visuals are
minimally or not
used effectively.

Visuals are
somewhat used
effectively to
represent the
subfields.

Visuals are
mostly used
effectively to
represent the
subfields.

Visuals are used
effectively to
represent the
subfields.

0 points 4-5 points
Scholarly
Source and
Citation

Reference
citations are
absent.

— —
Reference citations
are included and
correct.

0-5 points 6-7 points 8-9 points 10 points
Structure and
Flow

Flow is poor.
Structure is
inappropriate.
Transitions are

Flow is adequate.
Structure may be
too long or too
short. Transitions

Flow is good.
Structure is
mostly
appropriate.

Flow is excellent.
Structure is clear,
and transitions are
smooth and

minimal or
absent.
Significant
redundancy is
evident.

are minimal, and
redundancy is
evident.

Transitions are
present, and
redundancies are
minimal.

consistent.
Inappropriate
redundancies are
absent.

0-8 points 9-11 points 12-14 points 15 points
Grammar and
Spelling

Errors impede
professional
presentation;
guidelines not
followed.

Numerous errors
somewhat
interfere with
professional
presentation.

Few errors that
do not impede
professional
presentation.

Writing and format
are clear,
professional, and
error-free.

  • Overview:
  • Over the past several weeks, you have researched a problem and some local services that may help a client in need. In many human service professions, you may work directly with clients to offer help in resolving specific issues, however, you may also …
  • It is important to understand what information is important to share with your community in the hopes of educating others about a common problem your clients may face.
  • Instructions:
  • Requirements:
  • Evaluation Rubric for Five Subfields of Forensic Psychology Assignment

Criminal homework help

Based on Chapter 13, section on “Substance Abuse,” what is the best strategy to deal with substance abuse? Is a strategy based on law enforcement effective? What would be your best strategy?

A grade A response should have a minimum of 300 words and use at least two in-text citations and discuss a minimum of three strategies discussed in the textbook. One of the discussed strategies should be the legalization of drugs.

Criminal homework help

Ethics in Criminal Justice Administration Analysis

Write a 1,400- to 1,750-word paper in which you analyze the relationship between ethics and professional behavior in the administration of criminal justice.

· Explain the role of critical thinking with regard to the relationship between ethics and professional behavior.

· Include in your paper a proposal for a seminar in ethics training for law enforcement officers.

· In your proposal, choose five areas of ethical conduct and that will be stressed in the seminar.

· Explain why you chose those areas and what the expected benefits of the training will be for both officers and the community.

Include at least four peer-reviewed references

Format your paper according to APA guidelines.

Criminal homework help

CJUS 520

Disciplinary Research Paper: Decision Making Assignment Instructions

Overview

This is a continuation of the Disciplinary Research Paper: The Criminal Justice System in Its Environment Assignment. Students will combine both Disciplinary Assignments and submit both assignments as one single document during this Module.

Since 1963, a series of United States Supreme Court case decisions have clarified that in criminal cases, prosecutors must disclose to the defense evidence favorable to the defendant. This includes information that may be used to impeach the credibility of government witnesses, including law enforcement officers. These decisions mean that police officers who have documented histories of lying in official matters are liabilities to their agencies, and these histories may render them unable to testify credibly.

With this in mind, you are the Chief of Police of a municipality. Your Deputy Chief of Police advises you that one of your officers was investigated for inappropriate use of one of the computers in the patrol division. As a result of this internal investigation, it was determined that the officer used this computer to search pornographic web sites. When confronted with this allegation, the officer denied any knowledge of this incident. Upon further investigation, the computer crimes analyst determined that the officer’s logon password was used to enter the unauthorized web sites. The officer then admitted to his wrongdoing and stated it would never happen again. This officer has been with your organization for 15 years, and the only other disciplinary action taken against him was for being involved in an at fault traffic accident 10 years ago. As the Chief of Police, you must decide how you will handle this situation?

Instructions

Write a 2.5-3 page professional memorandum outlining and explaining how you will handle this situation.

Discuss the policy recommendations would you make?

Use the cases listed below to assist and support you in your decision.

· Brady v. Maryland, 373 U.S. 83 (1963)

· Giglio v. United States, 405 U. S. 150 (1972)

· United States v. Agurs, 427 U. S. 97 (1976)

· Kyles v. Whitley, 514 U. S. 419 (1995)

· United States v. Bagley, 473 U. S. 667 (1985)

This assignment requires that students follow a template. Students must review and follow the template carefully. You will combine the two Disciplinary Research Paper Assignments as one Word document assignment.

Combine this assignment with the Disciplinary Research Paper: The Criminal Justice System in Its Environment Assignment. For the final submission this module, you will submit:

· 5-6 pages (double spaced) excluding the title page and reference page.

· Current APA format. 

· 5-6 scholarly sources

· Acceptable sources (course textbooks, academic books, .gov websites, peer-reviewed journal articles published within the last 5-10 years only). 

Note: Your assignment will be checked for originality via the Turnitin plagiarism tool.

Page 2 of 2

Criminal homework help

SOU-CCJ230 Introduction to the American Criminal Justice System

SOU-CCJ230 Introduction to the

American Criminal Justice System

Alison S. Burke, David Carter, Brian Fedorek, Tiffany Morey, Lore

Rutz-Burri, and Shanell Sanchez

Open Oregon Educational Resources

SOU-CCJ230 Introduction to the American Criminal Justice System by Alison S. Burke, David Carter, Brian Fedorek, Tiffany
Morey, Lore Rutz-Burri, and Shanell Sanchez is licensed under a Creative Commons Attribution-ShareAlike 4.0 International

License, except where otherwise noted.

Contents

What is an OER textbook? 1

A Bit About Our Collaboration Project 2

Author Bios 3

Goals, Learning Objectives, and Skills 5

Table of Contents 7

Dedication 8

1: CRIME, CRIMINAL JUSTICE, AND CRIMINOLOGY

1.1. Crime and the Criminal Justice System
Shanell Sanchez

11

1.2. Deviance, Rule Violations, and Criminality
Shanell Sanchez

14

1.3. Social Norms: Folkways, Mores, Taboo, and Laws
Shanell Sanchez

16

1.4. Interactionist View
Shanell Sanchez

20

1.5. Consensus View and Decriminalizing Laws
Shanell Sanchez

24

1.6. Conflict View
Shanell Sanchez

27

1.7. The Three C’s: Cops, Courts, and Corrections
Shanell Sanchez

29

1.8. The Crime Control and Due Process Models
Shanell Sanchez

36

1.9. How Cases Move Through the System
Shanell Sanchez

39

1.10. Media Coverage of Crimes
Shanell Sanchez

43

1.11. Wedding Cake Model of Justice
Shanell Sanchez

48

1.12. Street Crime, Corporate Crime, and White-Collar Crime
Shanell Sanchez

51

1.13. Different Types of Crimes and Offenses
Shanell Sanchez

55

1.14. Victims and Victim Typologies
Shanell Sanchez

57

1.15. Victim Rights and Assistance
Shanell Sanchez

60

1.16. “Spare the Rod, Spoil the Child” Myth/Controversy 65

2: DEFINING AND MEASURING CRIME AND CRIMINAL JUSTICE

2.1. Dark or Hidden Figure of Crime
Shanell Sanchez

69

2.2. Official Statistics
Shanell Sanchez

71

2.3. Victimization Studies
Shanell Sanchez

77

2.4. Self-Report Statistics
Shanell Sanchez

79

2.5. Misusing Statistics
Shanell Sanchez

82

3: CRIMINAL LAW

3.1. Functions and Limitations of Law
Lore Rutz-Burri

87

3.2. Civil, Criminal, and Moral Wrongs
Lore Rutz-Burri

89

3.3. Sources of Criminal Law: Federal and State Constitutions
Lore Rutz-Burri

92

3.4. Sources of Criminal Law: Statutes, Ordinances, and Other Legislative Enactments
Lore Rutz-Burri

100

3.5. Sources of Law: Administrative Law, Common Law, Case Law and Court Rules
Lore Rutz-Burri

103

3.6. Classifications of Law
Lore Rutz-Burri

110

3.7. Substantive Law: Defining Crimes, Inchoate Liability, Accomplice Liability, and Defenses
Lore Rutz-Burri

113

3.8. Substantive Law: Punishment: Incarceration and Confinement Sanctions
Lore Rutz-Burri

117

3.9. Substantive Law: Physical Punishment Sentences
Lore Rutz-Burri

122

3.10. Substantive Law: Monetary Punishment Sentences
Lore Rutz-Burri

126

3.11. Substantive Law: Community-Based Sentences
Lore Rutz-Burri

129

3.12. Procedural Law
Lore Rutz-Burri

134

4: CRIMINAL JUSTICE POLICY

4.1. Importance of Policy in Criminal Justice
Alison S. Burke

139

4.2. The Myth of Moral Panics
Alison S. Burke

142

4.3. The Stages of Policy Development
Alison S. Burke

147

4.4. Importance of Evidence Based Practices
Alison S. Burke

151

4.5. Re-Evaluating Policy
Alison S. Burke

153

5: CRIMINOLOGICAL THEORY

5.1. What is Theory?
Brian Fedorek

159

5.2. What Makes a Good Theory?
Brian Fedorek

161

5.3. Pre-Classical Theory
Brian Fedorek

163

5.4. Classical School
Brian Fedorek

164

5.5. Neoclassical
Brian Fedorek

167

5.6. Positivist Criminology
Brian Fedorek

170

5.7. Biological and Psychological Positivism
Brian Fedorek

172

5.8. The Chicago School
Brian Fedorek

174

5.9. Strain Theories
Brian Fedorek

176

5.10. Learning Theories
Brian Fedorek

179

5.11. Control Theories
Brian Fedorek

183

5.12. Other Criminological Theories
Brian Fedorek

186

6: POLICING

6.1. Policing in Ancient Times
Tiffany Morey

191

6.2. Sir Robert Peel
Tiffany Morey

193

6.3. Policing Eras
Tiffany Morey

196

6.4. Levels of Policing and Role of Police
Tiffany Morey

207

6.5. Recruitment and Hiring in Policing
Tiffany Morey

224

6.6. Recruitment and Hiring Websites for Future Careers
Tiffany Morey

235

6.7. Police Misconduct, Accountability, and Corruption
Tiffany Morey

244

6.8. Current Issues: Police Shootings
Tiffany Morey

247

6.9. Current Issues: Use of Force and Vehicle Pursuits
Tiffany Morey

250

6.10. Current Issues: Stereotypes in Policing
Tiffany Morey

252

6.11. Current Issues: Accountability
Tiffany Morey

255

6.12. Current Issues: Internal Affairs and Discipline
Tiffany Morey

257

6.13.Current Issues: Body Cameras
Tiffany Morey

260

6.14. Myth: “Police Only Write Speeding Tickets to Harass Citizens and it is Entrapment.”
Tiffany Morey

261

7: COURTS

7.1. Introduction to the U.S. Court System
Lore Rutz-Burri

265

7.2. Jurisdiction
Lore Rutz-Burri

266

7.3. Structure of the Courts: The Dual Court and Federal Court System
Lore Rutz-Burri

269

7.4. Structure of the Courts: State Courts
Lore Rutz-Burri

276

7.5. American Trial Courts and the Principle of Orality
Lore Rutz-Burri

279

7.6. The Appeals Process, Standard of Review, and Appellate Decisions
Lore Rutz-Burri

280

7.7. Federal Appellate Review of State Cases
Lore Rutz-Burri

284

7.8. Courtroom Players: Judges and Court Staff
Lore Rutz-Burri

286

7.9. Courtroom Players: Prosecutors
Lore Rutz-Burri

293

7.10. Courtroom Workgroup: Defense Attorneys
Lore Rutz-Burri

297

8: CORRECTIONS

8.1. A Brief History of The Philosophies of Punishment
David Carter

311

8.2. Retribution
David Carter

313

8.3. Deterrence
David Carter

315

8.4. Incapacitation
David Carter

318

8.5. Rehabilitation
David Carter

321

8.6. Prisons and Jails
David Carter

324

8.7. A Brief History of Prisons and Jails
David Carter

325

8.8. Types of Jails
David Carter

329

8.9. Who Goes to Jail?
David Carter

332

8.10. Growth of Prisons in the United States
David Carter

334

8.11. Types of Prisons
David Carter

336

8.12. Prison Levels
David Carter

339

8.13. Who Goes to Prison?
David Carter

342

9: COMMUNITY CORRECTIONS

9.1. Diversion
David Carter

347

9.2. Intermediate Sanctions
David Carter

349

9.3. Probation
David Carter

352

9.4. Boot Camps/Shock Incarceration
David Carter

357

9.5. Drug Courts
David Carter

359

9.6. Halfway Houses
David Carter

360

9.8. House Arrest
David Carter

362

9.9. Community Residential Facilities
David Carter

363

9.10. Restorative Justice
David Carter

365

9.11. Parole
David Carter

367

9.12. Current Issues in Corrections
David Carter

371

9.13. Current Issues in Corrections: Mass Incarceration
David Carter

372

9.14. Current Issues in Corrections: War on Drugs and Gangs
David Carter

376

9.15. Current Issues in Corrections: Aging and Overcrowding
David Carter

379

9.16. Current Issues in Corrections: Reentry and the Future of Corrections
David Carter

384

10: JUVENILE JUSTICE

10.1. Youth Crime
Alison S. Burke

389

10.2. Juvenile Justice
Alison S. Burke

390

10.3. History of the Juvenile Justice System
Alison S. Burke

392

10.4. Delinquency
Alison S. Burke

396

10.5. Juvenile Justice Process
Alison S. Burke

398

10.6. Due Process in the Juvenile Court
Alison S. Burke

399

10.7. The Juvenile Justice and Delinquency Prevention Act of 1974
Alison S. Burke

402

10.8. Getting Tough: Initiatives for Punishment and Accountability
Alison S. Burke

403

10.9. Returning to Rehabilitation in the Contemporary Juvenile Justice System
Alison S. Burke

407

10.10. The Structure of the Juvenile Justice System
Alison S. Burke

410

10.11. Juvenile Institutions
Alison S. Burke

413

Glossary 417

We hope you are as excited about this textbook as we were writing it. This is a free academic resource and

a free textbook that can be printed at low-cost if you prefer paper. Southern Oregon University’s Disability

Resource has reviewed this textbook for accessibility to all students.

Introduction to the American Criminal Justice System is an Open Educational Resource (OER)

https://en.wikipedia.org/wiki/Open_educational_resources that is licensed under the Creative Commons

(CC 4.0) format https://creativecommons.org with support to complete this project from Open Oregon

Educational Resources https://openoregon.org.

This introductory textbook is unique because it was a collaborative effort by all Criminology and Criminal

Justice professors at Southern Oregon University (SOU) in Ashland, Oregon. This textbook will meet the

learning objectives outlined through SOU and as a community college transfer course, as well as cover all

other topics expected to find in an introductory course. This book can be used on a quarter or semester

system, as well as cover topics that may get left out of some introductory texts such as controversial issues in

the criminal justice system. Further, we made it as comprehensive as possible to cover core concepts and areas

in the criminal justice system including theory, policing, courts, corrections, and the juvenile justice system.

Additionally, we created examples that will help make difficult concepts or ideas more relatable. Every

section provides an overview of key terms, critical thinking questions for course engagement, assignments,

and other ancillaries such as multimedia links, images, activity ideas, and more.

Feel free to ask any questions. Email Shanell Sanchez at sanchezs2@sou.edu with any specific questions

about the book or any other professor if it is specific to their page.

1

A Bit About Our Collaboration Project

This OER could not be possible without the support from many different people. Our financial support came

from a grant through Open Oregon https://openoregon.org.

Dr. Shanell Sanchez wants to personally thank all her colleagues at SOU for taking on this endeavor with

her. The first plan was to adapt and edit an existing OER, but after an exhaustive search of OER’s, we found

there is a dearth of CCJ OER’s. We realized that if we wrote this book, we would be one of the first CCJ

OER’s available. The initial idea seemed a bit overwhelming, but watching it come together was amazing.

Dr. Sanchez had a vision for what an ideal textbook should look like for first-year students and our newest

majors or potential majors, but it was not possible without all of us working together.

Amy Hofer at Linn-Benton Community College served as our grant manager, but she went beyond that.

She has served as an excellent resource, mentor, and helped us find opportunities to present our experiences

at conferences.

Dr. Jeffrey Gayton is our university librarian at Southern Oregon University and helped coordinate this

project from the start of our application to the release of our OER going live.

Brian Stonelake, a professor in the Mathematics department at Southern Oregon University, provided

excellent guidance and insight to us when we were applying for the grant.

Christina Richardson was our student that served as a contributing editor, as well as created our glossary

for this OER. She went through the entire book to pose suggestions, edits, and comments that helped make

the end product better.

2

Author Bios

Alison S. Burke, Ph.D., Professor of Criminology and Criminal Justice, Southern Oregon University,
https://inside.sou.edu/criminology/faculty/burke.html

Alison S. Burke is a professor of criminology and criminal justice at Southern Oregon University.

She earned her Ph.D. from Indiana University of Pennsylvania and her MCJ from the University of

Colorado Denver. While in Denver, she worked with adjudicated youth in residential treatment facilities

and group homes. She has published a variety of journal articles and book chapters related to juvenile justice,

delinquency, and gender, and her primary research interests involve women and crime, juvenile justice

and delinquency, and pedagogy in higher education. Her most recent book is titled Teaching Introduction to
Criminology (2019).

David E. Carter, Ph.D., Associate Professor of Criminology and Criminal Justice, Southern
Oregon University, https://inside.sou.edu/criminology/faculty/davidcarter.html

David E. Carter joined the Criminology and Criminal Justice Department in 2008. He received his Ph.D.

from the University of Cincinnati. Dave served in the U.S. Army for 8 years as a linguist prior to attending

school. He has published works in the Journal of Research in Crime and Delinquency in the area of life-

course research, as well as in the Corrections Compendium, where he wrote about U.S. inmate populations.

He also works with local agencies (in a consultative role) providing evidence-based practices and evaluations

for correctional programs in the area of effective interventions and evidence-based programming. At SOU,

Dave has helped facilitate the Lock-In event and annual that provides students with a hands-on experience

of the justice system.

Brian Fedorek, Ph.D., Associate Professor of Criminology and Criminal Justice, Southern Oregon
University, https://inside.sou.edu/criminology/faculty/brianfedorek.html

Brian Fedorek earned his doctorate at the Indiana University of Pennsylvania in Criminology. He has

taught classes in Terrorism, Comparative Criminal Justice, Theories of Criminal Behavior, and introductory

courses. His research interests include media and crime, criminological theory, and criminal violence. He has

served on the board of the Western Association of Criminal Justice.

Tiffany L. Morey, M.S., Instructor of Criminology and Criminal Justice, Southern Oregon
University, https://inside.sou.edu/criminology/faculty/tiffany-morey-m-s.html

Tiffany L. Morey has an almost three-decade career in the law enforcement arena. She retired as a

Lieutenant from a police department in Las Vegas, Nevada. Her expertise is in the law enforcement, crime

scene investigation (CSI), and forensics fields. During her tenure in policing in Las Vegas she worked

in patrol, the crime prevention division, community services, recruitment, special events, problem-solving

unit (first ever unit/substation for her department in a high gang and drug area), undercover prostitution

3

and narcotics stings, search warrant service assistance, mounted unit departmental work, CSI (crime scene

investigator), forensics, Sergeant and Sergeant field training program and master trainer, Lieutenant and

Lieutenant field training program, and finally Acting Captain. During this time, she was also chosen and paid

by an independent firm to travel the country and conduct oral board interviews and assessment center testing

and recruiting for law enforcement agencies and fire departments. She developed a ground-breaking class

to assist candidates in the law enforcement hiring process and is now under contract to publish the related

textbook/study guide. Tiffany continues to operate in the field of CSI and forensics as an expert investigator

and witness on violent crime. She also runs a Crime Prevention Through Environmental Design (CPTED)

business, offering citizens and owners of businesses CPTED reviews to ensure the safety of their homes and

buildings. Finally, in her free time, she runs SOAR Wildlife Center (SoarWildlife.org), which is a non-profit

organization, that rehabilitates sick, injured, or orphaned fawns and other baby mammals.

Lore Rutz-Burri, J.D., Professor of Criminology and Criminal Justice, Southern Oregon
University, https://inside.sou.edu/criminology/faculty/rutz.html

Lore Rutz-Burri is a 1982 graduate of Southern Oregon State College (now SOU) with a Bachelors of

Arts degree in Criminology and Political Science. After graduating, she lived in Southern Austria until 1984.

Upon returning to the states, she earned an M.C.J (Master’s degree in Criminal Justice) from the University

of South Carolina. In 1985 she started in a Ph.D. program at the University of Maryland, College Park, but

early on decided she would rather pursue a law degree. In 1989 she graduated “order of the coif” with her

doctor of jurisprudence (JD) from the University of Oregon School of Law. Following law school, Lore

clerked for the Superior Court of Alaska in Fairbanks for one year and then worked for 5 years as a deputy

district attorney in Josephine County, Oregon. There, she prosecuted a variety of crimes, but mostly assault

cases. In 1995, she began teaching criminology and criminal justice at SOU. Since 2015 she has been a

part-time Circuit Court judge in the Josephine County courts. Lore has been married for over 27 years to

her husband, Markus (a Swiss national). They have two sons– Severin (who studied at SOU and majored in

psychology) and Jaston (who studied at U of O and majored in philosophy). She has both case books and

introductory text on criminal law and criminal procedure.

Shanell K. Sanchez, Ph.D., Assistant Professor of Criminology and Criminal Justice, Southern
Oregon University, https://inside.sou.edu/criminology/faculty/dr-shanell-sanchez.html

Shanell Sanchez joined the Criminology and Criminal Justice department at Southern Oregon University

in Ashland, Oregon in 2016. Prior to that, Shanell was an Assistant Professor in Criminal Justice at Colorado

Mesa University in Grand Junction, Colorado. She received her Ph.D. from the University of Nebraska-

Lincoln in Sociology in 2012. Her research and teaching interests are centered around social change and

justice, inequality, and comparative crime and justice.

ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL
SANCHEZ

4

Goals, Learning Objectives, and Skills

There is a dearth of OER textbooks in Criminology and Criminal Justice, which made creating this textbook

all the more exciting. At times we faced challenges about what or how much to cover, but our primary goal

was to make sure this book was as in-depth as the two textbooks we were currently using for our CCJ 230

introduction course. The only way we were willing to undertake this project as if it was as good, or better

than the current books students read. We have had very positive feedback about the required textbooks in

the course but consistently heard how expensive the books were to buy. We also needed to ensure we met

the learning outcomes outlined by SOU for a general education course, as well as the state of Oregon, to

make sure this textbook helps students meet those outcomes.

SOU’s catalog course description for CCJ 230 states this course surveys the functional areas of criminal

justice in the United States. This OER covers law enforcement, criminal courts, sentencing, penal

institutions, and community-based sanctions. It also includes historical and contemporary perspectives on

components of the criminal justice system, as well as the legal and constitutional frameworks in which they

operate.

Learning Objectives

• Students will increase the breadth of their knowledge and understanding of the American Criminal

Justice System.

• Students will enhance their critical thinking skills via writing, reading, and discussion.

• Students will learn the history, functions, responsibilities, processes, and importance of each

component of the criminal justice system.

• Students will become familiar with research and its relationship to criminal justice policy.

• Students will use the foundations learned about the American criminal justice system in future CCJ

courses.

Additionally, myths and controversies are incorporated in the course covering the above-noted content areas

in the American criminal justice system. In our experience, this tends to be the most exciting part of the

class. It also helps students build all learning outcomes through assignments, readings, and materials covered

in class. The primary goal when writing this book was to make it easy to read, with fun examples, thought-

5

provoking discussion questions, and is accessible to all to ensure that students would read. The content level

targeted first-year students who are taking their first course in Criminology and Criminal Justice, but also as

a general education course for those that may not intend to major. In order to ensure each area has accessible

materials for the course and meets our learning objectives and goals, we have conducted preliminary research

in order to determine our best option is moving forward.

ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL
SANCHEZ

6

Table of Contents

1. Crime, Criminal Justice and Criminology

2. Defining and Measuring Crime and Criminal Justice

3. Criminal Law

4. Criminal Justice Policy

5. Criminological Theory

6. Policing

7. Courts

8. Corrections

9. Community Corrections

10. Juvenile Justice

7

Dedication

We dedicate this book to our students at Southern Oregon University, who continuously work hard in our

classes and develop lasting relationships with us. We also dedicate this book to all our partners, children, fur

babies, and friends that supported us in the writing process.

8

1: Crime, Criminal Justice, and

Criminology

Learning Objectives

This section will broadly introduce crime, criminal justice, and criminology. This section is designed to be a

broad overview of what the subsequent chapters will cover in detail. It also demonstrates how the United States

create laws, policies enacted to enforce laws, and the role of the media. After reading this section, students will be

able to:

• Understand the differences between deviance, rule violations, and criminality

• Explain the differences between the interactionist, consensus, and conflict views in the creation of

laws

• Identify the three components of the criminal justice system

• Discuss the differences between crime control and due process model, and application examples to

each

• Describe the wedding cake model theory and application examples to each tier

• Briefly explain the role of the media and how media may spread myths in society

• Briefly understand the unique role of victims in the criminal justice process

Background Knowledge Probe: The goal here is to assess current knowledge about the criminal
justice system at the start of the course. Each of these topics is covered throughout the course, and they will

often be a controversial topic and topic for debate.

You will indicate whether you know each statement to be True or False, but there is no right or wrong

answer since it is just to assess your background knowledge.

1. Blacks commit more crime than any other racial group.

9

2. The United States has the lowest recidivism rates in the world (return to prison).

3. The death penalty is cheaper than life imprisonment.

4. Politicians shape our thoughts on crime, even if they are inaccurate.

5. Children are most likely to be killed by a stranger.

6. A stranger is most likely to physically harm you.

7. White-collar crime costs our country more every year than street-crime.

8. Juveniles are more violent today than ever before.

9. Immigrants commit more crime than native-born people.

10. Violent crime has risen in the United States over the last 20 years.

ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL
SANCHEZ

10

1.1. Crime and the Criminal Justice System

SHANELL SANCHEZ

Theft as a Child

The first lesson in crime and criminality I remember was when I was in second grade and stole something from

a local drug store. I thought that the bracelet was shiny and perfect. At first, I remember wanting to try it on, but

then I did not want to take it off. I had more questions than my Nana may have been ready to answer about why I

did it and why I could not keep it. I had to take the bracelet back, which hurt because I loved it. Because of guilt or

shame, I told my grandma what I did.

Think about a time in your life that you may have done something similar. Was this first lesson in crime and

criminality from the person you were raised by such as a parent(s) or grandparent(s)? Did they teach you that what

you did was a crime and, hopefully, how to correct this wrong at a young age?

You were probably punished, and they may have consisted of helping out with more chores or losing your

allowance to pay back what you stole.

Imagine all the questions you may have for your parents at the moment: Why was it wrong? What would happen

to me if I did not tell you? What is a crime? Who decides what makes a crime? What happens to me if I commit a

crime and get caught? What is my punishment? Why was it wrong when there were so many polishes there?

Further, I had to help out around the house for the weekend. In exchange for all this, she did not tell my dad

because she knew her punishment was sufficient and to tell him may be excessive. She took a balanced approach to

punishment and I think this is why it was so effective. It was not too strict, it was hard to complete, and I had to

think about what I did.

Most criminologists define crime as the violation of the laws of a society by a person or a group of
people who are subject to the laws of that society (citizens). Thus, crime as defined by the State or Federal

government. Essentially, crime is what the law states and a violation of the law, stated in the statue, would

make actions criminal.
1

1. Lynch, M., Stretesky, P., Long, M. (2015). Defining crime: A critique of the concept and its implication. Palgrave Macmillan: US.

11

For example, if someone murdered another individual in the process of stealing their automobile most

people would see this as a criminal and a straight-forward example of crime. We often see murder and

robbery as wrong and harms society, as well as social order. However, there are times crime is not as straight-

forward though and people may hesitate to call it criminal. The community I live in, and many others

throughout the area, post signs that it is illegal to give food and other items to homeless individuals in need.

If one were to violate this law and give food to a homeless person it would not involve harm to individuals,

but the social order.

Adele MacLean joined others in an At

Criminal homework help

<Lessons Learned Title>

CJ 530: Global Terrorism

<Student Name>

Presentation: Lessons Learned

Include Speaker notes and/or audio recording for each slide.

*

Introduction

  • Provide an overview of the situation leading up to the attack, during the attack, and after the attack to set the stage for the following slides.
  • Be sure to include speaker notes and/or an audio recording for each slide.
  • Add additional slides as needed. Feel free to change color, font, and design, and to add graphics.

Include Speaker notes and/or audio recording for each slide.

*

Introduction (Cont.)

  • Follow these standard PowerPoint rules:
  • Use no more than three to five bullets per slide.
  • Use bullets as “talking points” and use no more than seven to ten words per bullet. (The rest of your information should be included in the speaker notes or added as an audio recording.)
  • Use 20-pt. font or larger, and make sure text is easy to read and understand.

Include Speaker notes and/or audio recording for each slide.

*

Before the Attack

  • Discuss the lessons learned from what was done before the attack.
  • What things did the government do well to prevent or mitigate the situation, and what went wrong?
  • Were there intelligence failures and or items that were missed?
  • Make sure to touch on the policies were or were not in place.

Include Speaker notes and/or audio recording for each slide.

*

During the Attack

  • Discuss the lessons learned from what was done during the attack, including the initial response.
  • What things did the government do well to respond to the situation, and what went wrong?
  • Make sure to touch on which policies in place worked well and which failed.

Include Speaker notes and/or audio recording for each slide.

*

After the Attack

  • Discuss the actions taken as a direct result of the attack.
  • What sort of long-term impact did the attack have on the area?

Include Speaker notes and/or audio recording for each slide.

*

Conclusion

  • Summarize why these lessons matter: What can others take away from this?

Include Speaker notes and/or audio recording for each slide.

*

References

  • Include at least four sources for this presentation.
  • Cite your sources here using the latest version of the APA guidelines.
  • Use in-text citations on your previous slides and in your speaker notes when appropriate.

*

Criminal homework help

49

Chapter 5

Pretrial Forensic Issues

DNA Databases

The DNA Identification Act of 19941 mandated the creation of the
FBI’s Combined DNA Index System (“CODIS”) forensic DNA
database. CODIS is a “computer software program that operates local,
state, and national databases of DNA profiles from convicted offenders,
unsolved crime scene evidence, and missing persons.”2 All fifty states
mandate DNA databases of some sort, although the types of crimes that
require inclusion in a DNA database vary from state to state.3 In 2004,
the Justice for All Act4

significantly increased funding for the use of
DNA in the criminal justice system, including an expansion of CODIS
to allow state crime laboratories to include even more persons in the
database. The Act’s DNA backlog grant program authorized $755
million in grants over five years. This created significant expansions of
previous police databases, which had primarily focused on fingerprints.
CODIS now includes what has been estimated to be over five million
DNA samples.5

CODIS DNA databases are searched for matches based
on specimens collected at a crime scene to identify a potential
perpetrator. While these searches are often used in serious cases of
murder, rape, or robbery, it has been suggested that they should be used
to solve multiple minor crimes.6

There is a debate about the scope and use of these DNA databases.
The debate focuses on which crimes should prompt a DNA sample
collection and the stage in the criminal process at which DNA samples
should be taken from defendants. On the one hand, some suggest that
the largest possible database is an important tool in law enforcement
and that a government DNA database should be collected and

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
http://ebookcentral.proquest.com/lib/ashford-ebooks/detail.action?docID=1057854.
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50 Forensic Science Evidence

maintained on the entire population. There is no universal DNA
database system but clearly the trend is to expand the breadth of genetic
criminal identification databases, from violent felons, to felons, to
misdemeanants. Other questions about DNA sampling include: (1) at
what stage in the process DNA samples are taken (arrest, indictment, or
conviction); and (2) what should happen to DNA samples after
acquittal or dismissal?7 At least twenty-one states have enacted statutes
requiring DNA sampling at felony arrests, before any guilt has been
established even preliminarily.8

A recent report to Congress summarized the legal status of
mandating the taking of DNA samples:

As DNA database programs have widened in scope and grown
in numbers, their consistency with the Fourth Amendment’s
prohibition on unreasonable searches and seizures has
increasingly been challenged. In the context of compulsory
DNA collection, courts have widely upheld laws mandating
the collection of DNA from persons who were convicted and
are subject to the penal system’s custody or supervision.
However, no judicial consensus has emerged regarding the
constitutionality of mandating DNA collection from arrestees
who have been criminally indicted. Instead, courts have split
over the existence and scope of an arrestee’s reasonable
expectation of privacy and the degree of privacy intrusion
caused by DNA sampling. The limited number of court
decisions in this area also suggests that there are conflicting
opinions about the analogousness of DNA collection and
fingerprinting.9

For its part, Congress has determined that the DNA of all federal

arrestees should be obtained. Amendments to the DNA Act in 200610,
as implemented recently by Attorney General Regulations,11 allows the
collection of samples from all arrestees. In United States v. Pool12 the
Ninth Circuit held that mandating DNA samples from arrestees did not
violate the Fourth Amendment, but that Court subsequently granted an
en banc rehearing of the issue.13 The Third Circuit took a definitive
stand in United States v. Mitchell holding that “under the totality of the
circumstances, given arrestees’ and pretrial detainees’ diminished
expectations of privacy in their identities and the Government’s

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
http://ebookcentral.proquest.com/lib/ashford-ebooks/detail.action?docID=1057854.
Created from ashford-ebooks on 2022-04-20 23:01:55.

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Pretrial Forensic Issues 51

legitimate interests in the collection of DNA from these individuals, we
conclude that such collection is reasonable and does not violate the
Fourth Amendment”.14 The Supreme Court has not yet spoken to the
issue.

Many people are concerned about the threat of eugenics posed by
continuing to enlarge the scope of DNA databases. Their concern is
that genes contain information about the racial and ethnic heritage,
disease and mental illness susceptibility, and even behavioral
tendencies, of every person in the database. In this respect, they point
out that DNA databases are inherently different than the fingerprint
databases that law enforcement has maintained for many years and
which are useful only for identification purposes.15

Recently, such concerns have been heightened by the use of DNA

databases to locate potential relatives of an unidentified suspect. An
“indirect genetic kinship analysis” uses crime scene DNA to search the
convicted offender/arrestee DNA databases to identify not just the
perpetrator, but also any biological relatives of the potential suspect.16
Familial searching of large DNA databases has the potential to develop
valuable investigative leads regarding the source of a forensic sample
so that police can narrow their investigation to a small range of related
suspects. Familial searches are specifically authorized in Colorado17
and California18 and its apparently successful use in identifying an
alleged serial killer has heightened interest in expanding the process.19
Congress is apparently favorably considering legislation that would
encourage the FBI to expand its use of familial DNA searches, subject
to “appropriate protections for the privacy rights of those in the NDIS
database”. 20 Familial searching does raise compelling policy questions
that the legislatures and the courts have yet to definitively answer.21

The danger opponents see is that this personal, private health data
will be used for a variety of discriminatory and currently unlawful
purposes. This debate poses what many see as a conflict between public
safety and individual privacy. Some maintain that balancing these
conflicting interests is ultimately a political issue and that privacy
interests are best protected through regulatory control over the law
enforcement agencies that have access to the DNA databases.22

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
http://ebookcentral.proquest.com/lib/ashford-ebooks/detail.action?docID=1057854.
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52 Forensic Science Evidence

Search Issues

DNA database issues may most often present themselves in pretrial
motions alleging that they are the result of unlawful searches and
seizures in violation of the Fourth Amendment. Generally, such
motions have failed. The federal courts have consistently ruled that the
federal statute and various state statutes mandating the taking of DNA
samples for law enforcement databases are not constitutionally infirm.23

The physical gathering of a DNA specimen from a suspect for DNA
testing is, of course, governed by the same Fourth Amendment
constraints that apply to any seizure, and the DNA purpose of that
seizure does not change that analysis.

Statutes of Limitations and “John Doe” Warrants

One of the side effects of the use of newly developing DNA techniques
and ever- expanding DNA databases in “cold” cases is an often lengthy
delay in charging a defendant whose identity is finally revealed by that
DNA comparison. Applicable statutes of limitation may well have
expired in the interim. In response, federal and state legislatures have
begun to revise the statutory limitation periods.24

The Justice for All Act of 200425 that expanded the CODIS
database also extended the federal statute of limitations in cases which
DNA testing implicates a perpetrator until the time that the actual
identity of the perpetrator is discovered. Several states have similarly
extended some periods of limitations, including “Colorado, Florida,
Indiana, Michigan, Nevada, New Jersey, and New York.”26 Many states
have created special statutory limitation extensions applicable to sexual
assault cases.27 A myriad of additional extensions and modifications of
state limitations periods are currently under consideration.28 The
proposals range, for example, from eliminating the limitations period
entirely for certain offenses29 to extending the statute when DNA
evidence is recovered at a crime scene but the evidence does not
currently match anyone in the DNA database.30

Additionally, prosecutors in several states have tried to toll the

statute of limitations by filing a criminal complaint and warrant naming
“John Doe” as the defendant and identifying him by the DNA profile
obtained from a crime scene specimen. Prosecuting attorney

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
http://ebookcentral.proquest.com/lib/ashford-ebooks/detail.action?docID=1057854.
Created from ashford-ebooks on 2022-04-20 23:01:55.

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Pretrial Forensic Issues 53

organizations and the Justice Department are encouraging the filing of
such “John Doe” warrants.31 These warrants were first originated in
Wisconsin in 1999 but are now being used by prosecutors in many
other jurisdictions.32 Federal and some state statutes have specifically
authorized the use of such warrants.33 The legal issue is whether such
warrants or indictments sufficiently identify the defendant so as to toll
the statute of limitations. The Fourth Amendment requires that warrants
particularly describe the person to be seized.34 The Federal Rules of
Criminal Procedure require that an arrest warrant “contain the
defendant’s name or, if it is unknown, any name or description by
which the defendant can be identified with reasonable certainty.”35
Most states have similar requirements.36

“John Doe” warrants without further identifying information are
clearly constitutionally insufficient,37 even when they contain some
physical description such as race, height, or weight.38 Prosecutors
contend, however, that including the DNA profile not only meets but
exceeds the reasonable certainty requirement because the profile can
only identify one person. Defense lawyers disagree on the basis that
“DNA samples will degrade over time, even under optimal conditions
and errors in the collection, handling and storage of DNA samples can
result in errors in identification.”39 Defense lawyers assert that
nameless DNA warrants do not meet the requirement of reasonable
certainty and that allowing such John Doe warrants vitiates their rights
under the applicable statute of limitations.

Courts which have reviewed John Doe DNA warrants have
generally upheld their validity.40 As the Supreme Court of
Massachusetts recently put it, “[w]here a general John Doe indictment,
bereft of any particularity, must fail as generally anonymous, the
converse is true of a DNA indictment: it prevails as precisely
eponymous”.41

Defense Discovery and Requests for Assistance

The increase in the use of forensic scientific evidence by the
government also heightens the need for the defense in a criminal case
both to investigate and respond to the government’s evidence and
possibly to affirmatively seek forensic evidence of its own.

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
http://ebookcentral.proquest.com/lib/ashford-ebooks/detail.action?docID=1057854.
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54 Forensic Science Evidence

Preliminarily, this means that the defense will seek to discover the test
results obtained by the government as soon as possible. Unfortunately,
many government crime laboratories are simply incapable of
performing forensic tests within a reasonable period of time.

In 2002, the federal government estimated that state crime
laboratories “ended the year with over 500,000 backlogged requests for
forensic services—a more than seventy percent increase in the backlog
of requests compared to the beginning of the year.”42

They also
“estimated that about 1,900 additional FTEs [full time equivalent
personnel] would have been needed to achieve a 30-day turnaround for
all 2002 requests for forensic services . . . [and the] estimated cost of
the additional FTEs exceeds $70.2 million.”43

More recently, the
federal government estimates that, just as to DNA, there was a national
backlog of 100,628 DNA cases as of January 1, 2009, which grew to
111,647 by the end of the year.44 The backlogs have also resulted in
some very high profile mistakes, delays and even closures at police
laboratories.45 The federal government has recognized the problem and
initiated a program designed to assist States in reducing the backlog, at
least as it relates to DNA testing46 but it remains a significant
problem.47

Often laboratories seem to base the priorities for testing on the
proximity of a trial date, and defense attorneys rightly complain that
this leaves them with little time to prepare a response or even to
responsibly advise their clients about the weight of the evidence against
them. In its simplest form, this may come before the trial court as a
defense motion to compel or enforce discovery. It may even come up in
a motion to reduce bond based on an assertion that the laboratory
results may be exculpatory.48

Ultimately, if the prosecution fails to
produce the test results in spite of a court order, the judge may have to
hear a request for a variety of sanctions against the prosecution.

Some states have enacted statutes to relieve the pressure on their
crime laboratory personnel by specifically allowing the admission of
laboratory reports in lieu of the testimony of the persons who
performed the testing. Those laws were struck down by the Supreme
Court in Melendez-Diaz v. Massachusetts.49 The Court held that
laboratory reports are indeed “testimonial” under the Supreme Court’s
prior holdings in Crawford v. Washington50 and Davis v. Washington.51
Therefore it was a violation of the Sixth Amendment right of
confrontation to allow the government to submit a chemical drug test

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
http://ebookcentral.proquest.com/lib/ashford-ebooks/detail.action?docID=1057854.
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Pretrial Forensic Issues 55

report without the testimony of the scientist. Since Melendez-Diaz, the
holding has been applied to other forensic evidence reports as well,
including DNA testing reports.52 However, the scope of the close
ruling in Melendez-Diaz remains a current topic in the courts. In
Bullcoming v. New Mexico53 the Supreme Court applied Melendez-
Diaz to strike down the admissibility of a blood-alcohol laboratory
report, when the accompanying testimony was from a laboratory
technician who did not perform the analysis or write the report. In
Williams v. Illinois54 the Supreme Court is considering whether the a
report from an independent laboratory and accompanying testimony
from a state analyst who reviewed the data also violates the
confrontation clause. It has been common for experts to testify about
DNA matches though they did not actually perform the testing and the
court’s decision in Williams could end that practice.

The Supreme Court, however, has left open a different option
which would be constitutional. Justice Scalia, writing for the majority,
stated that alternative “notice and demand” laws which require the
prosecution to provide notice to the defendant of its intent to use an
analyst’s report, and give the defendant a period of time in which he
may object to the admission of the evidence or forfeit that objection,
are permissible. Given the already existing backlog and demands on
state crime laboratories,55 many states are quickly trying to follow up
on that suggestion.56

Aside from the issue of the admissibility of laboratory reports, a
defendant has a constitutional right of confrontation to examine the
evidence against him, and that would include the specimens used in
laboratory tests as well as the details of the testing performed on those
specimens. The discoverable materials at the pretrial stage would
certainly include more than just the laboratory report. Pretrial discovery
would normally include a right by the defense to obtain, and perform its
own testing and analysis on, the specimen. The circumstances of that
examination, especially when the evidence is subject to contamination
or even consumption, often may be tightly controlled by the terms of a
discovery order. Note, however, that the failure of the police to
preserve a specimen may not amount to a constitutional violation
absent a showing of police bad faith.57

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
http://ebookcentral.proquest.com/lib/ashford-ebooks/detail.action?docID=1057854.
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56 Forensic Science Evidence

Indigent defendants clearly have the same discovery rights. Trial
judges often, however, have to address the desire of indigent
defendants to retain defense experts for analysis and testimony. In Ake
v. Oklahoma,58

the Supreme Court of the United States established that
an indigent defendant in a criminal case has a constitutional right to the
assistance of publicly funded experts.59 Some commentators believe
that the right granted by the Supreme Court in Ake has proven to be
illusory in practice.

In determining whether the court must make public funds available
for a defense expert witness, the trial judge must consider the probable
value of the expert analysis to the defense. Public funding is required
when the issue is likely to be significant in the trial. The burden is on
the defense to show that the expert is necessary.60 However, at the least,
when the prosecution has conducted a forensic examination of
evidence, the defense would clearly seem to be entitled to its own
similar expert examination of that evidence.

1 The DNA Identification Act of 1994, Pub. L. 103-322, 108 Stat. 2065 (1994).
2 Nat’l Inst. of Justice, U.S. Dep’t of Justice, Using DNA To Solve Cold Cases 9

(2002), available online at http://www.ncjrs.gov/pdffiles1/nij/194197.pdf
(last visited December 14, 2011).

3 Id.
4 42 U.S.C. § 14135(j) (2006 & Supp. 2007).
5 Matejik, Laura, DNA Sampling: Privacy and Police Investigation in a Suspect

Society, 61 Ark. L. Rev 53 (2008).
6 Nat’l Inst. of Justice, U.S. Dep’t of Justice, DNA in “Minor Cases” Yields

Major Benefits in Public Safety, in In Short: Toward Criminal Justice
Solutions, Nov. 2004, at 1, 3, available online at
http://www.ncjrs.gov/pdffiles1/nij/207203.pdf (last visited December 14,
2011).

7 For a discussion of some of these issues, see Cole, Simon A., Fingerprint
Identification and the Criminal Justice System: Historical Lessons for the
DNA Database, in DNA and the Criminal Justice System: the Technology of
Justice, ed. David Lazer, (2004), at 80-84.

8 DNA Research Report, Domestic DNA Legislation, available online at
http://www.dnaresource.com/documents/2007DNAExpansionLegislation.pdf

(last visited December 14, 2011).

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
http://ebookcentral.proquest.com/lib/ashford-ebooks/detail.action?docID=1057854.
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Pretrial Forensic Issues 57

9 Barbour, Emily C., DNA Databanking: Selected Fourth Amendment Issues

and Analysis, Congressional Research Service No. 7-5700 (June 6, 2011),
available online at http://fulltextreports.com/2011/07/19/crs-dna-
databanking-selected-fourth-amendment-issues-and-analysis/ (last visited
November 17, 2011).

10 DNA Fingerprint Act, 42 U.S.C. § 14135a(a)(1)(A).
11 28 C.F.R. § 28.12, 73 Fed. Reg. 74932 (eff. Jan. 9, 2009).
12 United States v. Pool, 621 F.3d 1213 (9th Cir. 2010).
13 United States v. Pool, ___ F.3d ___, 2011 WL 2151202, at *1 (9th Cir. June

2, 2011).
14 United States v. Mitchell, ___ F.3d ___ (3d Cir. No. 09-4718, July 25,

2011).
15 See Steinhardt, Barry, Privacy and Forensic DNA Data Banks, in DNA And

The Criminal Justice System: The Technology Of Justice, ed. David Lazer,
(2004) at 173: and Preston, Corey, Faulty Foundations: How the False
Analogy to Routine Fingerprinting Undermines the Argument for Arrestee
DNA Sampling, 19 Wm. & Mary Bill Rts. J. 475 (2010).

16 See Bieber, Frederick R, Charles H. Brenner, and David Lazer, Finding
Criminals Through DNA of Their Relatives, Science:
Vol. 312 no. 5778 pp. 1315-1316, (June 2, 2006) available online at
http://www.sciencemag.org/content/312/5778/1315.citation (last visited
November 18, 2011); and Ge, Jianye, Ranajit Chakraborry, Arthur Eisenberg
and Bruce Budowle, Comparisons of Familial DNA Database Searching
Strategies, J. Forensic Sci.Vol.56, No. 6 (November 2011).

17 Colorado Bureau of Investigation, DNA Familial Search Policy (October 22,
2009), available online at
http://www.denverda.org/DNA/Familial_DNA_Database_Searches.htm (last
visited December 14, 2011).

18 Information Bulletin from Edmund G. Brown, Jr., Attorney General, DNA
Partial Match (Crime Scene DNA Profile to Offender) Policy No. 2008-BFS-
01 (2008), available online at
http://ag.ca.gov/cms_attachments/press/pdfs/n1548_08-bfs-01.pdf (last
visited November 19, 2011).

19 Steinhauer, Jennifer, ‘Grim Sleeper’ Arrest Fans Debate on DNA Use, N.Y.
Times, July 2, 2010, available online at

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
http://ebookcentral.proquest.com/lib/ashford-ebooks/detail.action?docID=1057854.
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58 Forensic Science Evidence

http://www.nytimes.com/2010/07/09/us/09sleeper.html (last visited
November 19, 2011).

20 The House and Senate have approved a Conference Report that states “The
Committee encourages the FBI to undertake activities to facilitate familial
DNA searches of the National DNA Index System (NDIS) database of
convicted offenders, and work with the NDIS Procedures Board to consider
the establishment of procedures allowing familial searches only for serious
violent and sexual crimes where other investigative leads have been
exhausted. The procedures should provide appropriate protections for the
privacy rights of those in the NDIS database.” Commerce, Justice, Science
and Related Agencies Appropriations Bill, 2012, House Report 112- 169,
112th Congress (2011-2012) available online at http://thomas.loc.gov/cgi-
bin/query/z?c112:H.R.2596 (last visited November 26, 2011) . See Schiff,
Adam, Schiff’s Familial DNA Language Passes as Part of Conference
Report, Press Release (Nov. 21, 2011) available online at
http://schiff.house.gov/index.cfm?sectionid=49&parentid=6&sectiontree=6,4
9&itemid=869 (last visited November 26, 2011).

21 See Ram, Natalie, Fortuity and Forensic Familial Identification, 63 Stan. L.
Rev. 751 (2011); and Murphy, Erin, Relative Doubt: Familial Searches of
DNA Databases, 109 Mich. L. Rev. 291 (2010) arguing for the prohibition or
at least restriction of familial database searches.

22 See Etzioni, Amitai, A Communitarian Approach: A Viewpoint on the Study
of the Legal, Ethical and Policy Considerations Raised by DNA Tests and
Databases, 34 J. L. Med. & Ethics 214, 219-20 (2006).

23 See, e.g., Jones v. Murray, 962 F.2d 302, 308 (4th Cir. 1992).
24 For a general description of statute of limitations issues relating to DNA, see

Imwinkelried, Edward J., The Relative Priority That Should Be Assigned to
Trial Stage DNA Issues, in DNA And The Criminal Justice System: The
Technology Of Justice, ed. David Lazer, (2004); Diehl, Jonathan W. , Note,
Drafting a Fair DNA Exception to the Statute of Limitations in Sexual
Assault Cases, 39 Jurimetrics J. 431 (1999); and Dunn, Amy, Note, Criminal
Law—Statutes of Limitation on Sexual Assault Crimes: Has the Availability
of DNA Evidence Rendered Them Obsolete?, 23 U. Ark. Little Rock L. Rev.
839 (2001).

25 Justice for All Act of 2004, Pub. L. No. 108-405, 118 Stat. 2260 (2004).
26 Imwinkelried, Edward J., The Relative Priority That Should Be Assigned to

Trial Stage DNA Issues, in DNA and the Criminal Justice System: The

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
http://ebookcentral.proquest.com/lib/ashford-ebooks/detail.action?docID=1057854.
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Pretrial Forensic Issues 59

Technology of Justice, ed. David Lazer, (2004) at 94, 103 n.26.

27 For a listing of legislative enactments by state, see Nat’l Conference of State
Legislatures, Statute of Limitations for Sexual Assaults (2007), available
online at http://www.ncsl.org/default.aspx?tabid=12723 (last visited
December 14, 2011). For a discussion of early statutory limitation changes in
response to DNA developments, see Ulmer, Frank B., Note, Using DNA
Profiles to Obtain “John Doe” Arrest Warrants and Indictments, 58 Wash. &
Lee L. Rev. 1585 (2001).

28 For an updated list of DNA related state statute of limitation proposals, see
Gordon Thomas Honeywell Gov’t Affairs, 2008 Statute of Limitations DNA
Legislation (2008), available online at
http://www.dnaresource.com/documents/2008StatuteofLimitationsLegislatio
n.pdf (last visited December 14, 2011).

29 Id.
30 Id.
31 See Nat’l Inst. of Justice, U.S. Dep’t Of Justice, Using DNA To Solve Cold

Cases 9 (2002), at 22, available online at
http://www.ncjrs.gov/pdffiles1/nij/194197.pdf (last visited December 14,
2011).

32 See Akehurst-Moore, Scott, An Appropriate Balance?–A Survey and
Critique of State and Federal DNA Indictment and Tolling Statutes, 6 J. High
Tech. L. 213, 216 (2006); and Ulmer, Frank B., Note, Using DNA Profiles to
Obtain “John Doe” Arrest Warrants and Indictments, 58 Wash. & Lee L.
Rev. 1585 (2001), at 1586-88.

33 See, e.g., 18 U.S.C. § 3282 (2006); Ark. Code Ann. §§ 5-1-109(b)(1)(B), (i)-
(j) (2006); Del. Code Ann. Tit. 11, § 3107 (2007); Mich. Comp. Laws §
767.24(2) (2008); N.H. Rev. Stat. Ann. § 592-A:7(II) (Supp. 2008).

34 U. S. Const. amend. IV; Frank B. Ulmer, Note, Using DNA Profiles to
Obtain “John Doe” Arrest Warrants and Indictments, 58 Wash. & Lee L.
Rev. 1585 (2001), at 1600.

35 Fed. R. Crim. P. 4(b)(1)(A); Frank B. Ulmer, Note, Using DNA Profiles to
Obtain “John Doe” Arrest Warrants and Indictments, 58 Wash. & Lee L.
Rev. 1585 (2001),at 1600-01.

36 Ulmer, Frank B. , Note, Using DNA Profiles to Obtain “John Doe” Arrest
Warrants and Indictments, 58 Wash. & Lee L. Rev. 1585 (2001), at 1600-01.

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
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60 Forensic Science Evidence

Criminal homework help

INSTRUCTIONS ON BRIEFING CASES

In analyzing a legal case, you have to present a brief. The instructions below will

guide you in doing your case (legal) brief.


FIRAC: FACTS-ISSUE-RULE OF LAW-ANALYSIS-CONCLUSION:

HOW TO BRIEF A CASE

1. (F): FACTS: State the facts of the case (a brief summary of what the case is about, i.e., what happened?). This is a synopsis of the essential facts of the case. These facts lead up to the Issue.

2. (I): ISSUE/ISSUES: State the Issue/Issues in the case (What are the legal issues in the case? Sometimes there may be only one legal issue). Issues are statements of the general legal questions answered by or illustrated in the case. Very Important: The Issue is best put in the form of a question, capable of a “yes” or “no” answer.

3. (R): RULE OF LAW: This is a statement of the general principle of law which the case illustrates. You must state the Rule of Law that applies to the particular case (What law applies to this case? What does the law say about cases of this nature?).

4. (A) ANALYSIS: HOLDING AND DECISION: Analysis of the legal argument/arguments in the case (analyze the arguments/ decisions/opinions of the justices). This section of the case should succinctly explain the rationale of the court in arriving at its decision. In other words, indicate the outcome of the case.

5. (C) Conclusion (do you agree with the Court’s arguments/decision/opinion in this case?). If yes, why? And if not, why not?

Your Legal Brief should be detailed, addressing all the five steps above. If you use other people ideas to support your opinion, please make sure that you document or cite the sources of those ideas to avoid plagiarism. Remember to give credit for an idea or opinion that is NOT originally yours. In citing your sources, please use the APA Style (See your Course Syllabus about the APA Style of Writing).


SAMPLE LEGAL BRIEF: BURGER KING CORP v. RUDZEWICZ (1985)

NOTE: (P) is for Plaintiff (one who sues) and (D) is for Defendant (one who is sued and must defend himself/herself). Jurisdiction means authority to hear a case and Home Forum means the venue or place for the trial.

Here is a sample legal brief of the famous Burger King case: Follow the FIRAC Steps below.

1. FACTS: Facts of the case (Summary): Rudzewicz (D) contracted for a Burger King franchise in Michigan with the Burger King Corp. (P), a Florida corporation. A franchise was granted. The terms of the contract called for substantial supervision of the franchise’s operations by Burger King (P), and also for the laws of Florida to apply in the case. Despite the fact that Rudzewicz (D) was a sophisticated businessman, the business failed, and Burger King brought suit for unpaid rent. The Florida district court granted damages and injunctive relief to Burger King (P), but the Eleventh Circuit reversed the decision, holding that Rudzewicz (D) was not subject to Florida jurisdiction. In other words, Burger King won its case in the Florida District Trial Court but then appealed to the federal Circuit Court (Eleventh Circuit Court) where the District Court decision was reversed. Burger King (P) appealed to the Supreme Court of the U.S., arguing for a reversal of award of damages and injunctive relief for breach of contract by Rudzewicz.

2. ISSUE: May direct and continuous contacts by a franchisee with the franchisor lead to the franchisee being subject to the jurisdiction of the franchisor’s home forum?

3. RULE OF LAW: Direct and continuous contacts by a franchisee with the franchisor may lead to the franchisee being subject to the jurisdiction of the franchisor’s home town.

4. HOLDING/DECISION OF THE SUPREME COURT: YES. Justice Brennan (Brennan, J.), writing for the Majority, held that direct and continuous contacts by the franchisee with the franchisor may lead to the franchisee being subject to the jurisdiction of the franchisor’s home forum.

· Analysis: In this case, the main test for personal jurisdiction is whether a defendant’s actions were such that he should have been notified of the possibility of becoming subject to the subject’s forum’s jurisdiction. In his case, Rudzewicz (D) contracted with the Florida franchisor and entered into a contract providing for a continuous relationship with that franchisor and constant monitoring by the franchisor. Further, the contract stated that it was to be construed as a Florida contract. Thus, considering Rudzewicz’s (D) contacts with Florida, an adequate basis for jurisdiction existed. Thus, the Supreme Court of the U.S. REVERSED the decision of the Eleventh Circuit and ruled in favor of Burger King.

Dissent: (Stevens, J.). Justice Stevens dissented, arguing that the Burger King was typical and large operation connected to the franchisor’s home office only in name. Since the business was purely local, only local jurisdiction should apply.

5. CONCLUSION: Burger King (P) brought an action against Rudzewicz, a defaulting franchisee, in Burger King’s (P) home forum, that is, in Florida and not in Rudzewicz home forum. The rationale for the Supreme Court’s opinion in deciding for Burger King was the clause making the contract a Florida one. Most contracts involving parties in different states have such clauses. Thus, the Court determined that there was direct and continuous contacts by the franchisee, Rudzewicz (D) and the franchisor, Burger King (P). Rudzewicz (D) was therefore subject to the jurisdiction of Burger King’s (P) home forum of Florida.

Criminal homework help

Week 2

Objectives

Week 2: Factors of Human Rights Violations

Introduction

Last week, you were introduced to the concepts of human rights, rule of law, and international justice. You also selected a topic for your Capstone Project that relates to one of these concepts and to your concentration. The information from last week was meant to help you begin to conceptualize human rights, rule of law, and international justice. This week, you will focus on human rights violations. Specifically, you will look at factors and consequences of human rights violations. For your Capstone Project you will begin to gather scholarly resources and compose a reference list.

Learning Objectives

By the end of this week, you should be able to:

Explain factors and consequences of human rights violations

Compose a reference list for the Capstone Project using APA style

Resources

Access Resources

Learning Resources

Please read and view (where applicable) the following Learning Resources before you complete this week’s assignments.

Media

Map of International Human Rights Violations Around the World

Click on the above link to view a map indicating areas where human rights violations occur. Click on each flashing icon to learn about causes of those human rights violations.

Note: For a transcript of this map, please click here Click for more options.

Readings

Course Text: American Psychological Association. (2020). Publication manual of the American Psychological Association (7th ed.). Washington, DC: American Psychological Association.

Chapter 8, “Works Credited in the Text”

Chapter 9, “Reference List”

Course Text: Universal Human Rights in Theory and Practice

Chapter 3, “Economic Rights and Group Rights”

Chapter 13, “Human Rights, Democracy, and Development”

Chapter 16, “Nondiscrimination for All: The Case of Sexual Minorities”

Article: Buergenthal, T. (2009). The contemporary significance of international human rights law. Leiden Journal of International Law, 22(2), 217 – 223.

Article: Human Rights Watch. (2010). Human rights watch topics. Retrieved from

http://www.hrw.org/en/topics

Discussion – Week 2

Human Rights Violations – Factors and Consequences

Many governments officially support the idea of human rights for all, yet there are violations occurring around the world. Human rights violations are nothing new. Historically, human rights violations have been rooted in group exclusion. Take for example the treatment of Jewish people in Nazi Germany or the treatment of Aborigines in Australia. In each case, the excluded group was subject to human rights violations on a grand scale. Human rights violations may be wide-ranging and persistent in some places where there is ongoing warfare, poverty, and discrimination. Factors that contribute to human rights violations include politics, economics, or group conflict. When human rights violations are left unchecked, there may be long-term consequences for victims and communities.

To prepare for this Discussion:

Review Chapters 3, 13, and 16 in your course text Universal Human Rights in Theory and Practice. Focus on issues related to human rights such as political participation, economic development, individual and group rights, and nondiscrimination. Consider how those issues also relate to human rights violations.

Review the article, “The Contemporary Significance of International Human Rights Law”. Consider economic and political consequences for states that engage in human rights violations.

Use the map to view human rights violations around the globe. Make sure to pay attention to the causes of violations.

Search the Human Rights Watch website for examples of human rights violations and abuses.

With these thoughts in mind:

Post a brief description of the human rights violation you selected. Then describe two factors that may contribute to this human rights violation. Finally, explain at least two consequences of the human rights violation (locally and/or internationally). Be specific.

Criminal homework help

49

Chapter 5

Pretrial Forensic Issues

DNA Databases

The DNA Identification Act of 19941 mandated the creation of the
FBI’s Combined DNA Index System (“CODIS”) forensic DNA
database. CODIS is a “computer software program that operates local,
state, and national databases of DNA profiles from convicted offenders,
unsolved crime scene evidence, and missing persons.”2 All fifty states
mandate DNA databases of some sort, although the types of crimes that
require inclusion in a DNA database vary from state to state.3 In 2004,
the Justice for All Act4

significantly increased funding for the use of
DNA in the criminal justice system, including an expansion of CODIS
to allow state crime laboratories to include even more persons in the
database. The Act’s DNA backlog grant program authorized $755
million in grants over five years. This created significant expansions of
previous police databases, which had primarily focused on fingerprints.
CODIS now includes what has been estimated to be over five million
DNA samples.5

CODIS DNA databases are searched for matches based
on specimens collected at a crime scene to identify a potential
perpetrator. While these searches are often used in serious cases of
murder, rape, or robbery, it has been suggested that they should be used
to solve multiple minor crimes.6

There is a debate about the scope and use of these DNA databases.
The debate focuses on which crimes should prompt a DNA sample
collection and the stage in the criminal process at which DNA samples
should be taken from defendants. On the one hand, some suggest that
the largest possible database is an important tool in law enforcement
and that a government DNA database should be collected and

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
http://ebookcentral.proquest.com/lib/ashford-ebooks/detail.action?docID=1057854.
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50 Forensic Science Evidence

maintained on the entire population. There is no universal DNA
database system but clearly the trend is to expand the breadth of genetic
criminal identification databases, from violent felons, to felons, to
misdemeanants. Other questions about DNA sampling include: (1) at
what stage in the process DNA samples are taken (arrest, indictment, or
conviction); and (2) what should happen to DNA samples after
acquittal or dismissal?7 At least twenty-one states have enacted statutes
requiring DNA sampling at felony arrests, before any guilt has been
established even preliminarily.8

A recent report to Congress summarized the legal status of
mandating the taking of DNA samples:

As DNA database programs have widened in scope and grown
in numbers, their consistency with the Fourth Amendment’s
prohibition on unreasonable searches and seizures has
increasingly been challenged. In the context of compulsory
DNA collection, courts have widely upheld laws mandating
the collection of DNA from persons who were convicted and
are subject to the penal system’s custody or supervision.
However, no judicial consensus has emerged regarding the
constitutionality of mandating DNA collection from arrestees
who have been criminally indicted. Instead, courts have split
over the existence and scope of an arrestee’s reasonable
expectation of privacy and the degree of privacy intrusion
caused by DNA sampling. The limited number of court
decisions in this area also suggests that there are conflicting
opinions about the analogousness of DNA collection and
fingerprinting.9

For its part, Congress has determined that the DNA of all federal

arrestees should be obtained. Amendments to the DNA Act in 200610,
as implemented recently by Attorney General Regulations,11 allows the
collection of samples from all arrestees. In United States v. Pool12 the
Ninth Circuit held that mandating DNA samples from arrestees did not
violate the Fourth Amendment, but that Court subsequently granted an
en banc rehearing of the issue.13 The Third Circuit took a definitive
stand in United States v. Mitchell holding that “under the totality of the
circumstances, given arrestees’ and pretrial detainees’ diminished
expectations of privacy in their identities and the Government’s

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
http://ebookcentral.proquest.com/lib/ashford-ebooks/detail.action?docID=1057854.
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Pretrial Forensic Issues 51

legitimate interests in the collection of DNA from these individuals, we
conclude that such collection is reasonable and does not violate the
Fourth Amendment”.14 The Supreme Court has not yet spoken to the
issue.

Many people are concerned about the threat of eugenics posed by
continuing to enlarge the scope of DNA databases. Their concern is
that genes contain information about the racial and ethnic heritage,
disease and mental illness susceptibility, and even behavioral
tendencies, of every person in the database. In this respect, they point
out that DNA databases are inherently different than the fingerprint
databases that law enforcement has maintained for many years and
which are useful only for identification purposes.15

Recently, such concerns have been heightened by the use of DNA

databases to locate potential relatives of an unidentified suspect. An
“indirect genetic kinship analysis” uses crime scene DNA to search the
convicted offender/arrestee DNA databases to identify not just the
perpetrator, but also any biological relatives of the potential suspect.16
Familial searching of large DNA databases has the potential to develop
valuable investigative leads regarding the source of a forensic sample
so that police can narrow their investigation to a small range of related
suspects. Familial searches are specifically authorized in Colorado17
and California18 and its apparently successful use in identifying an
alleged serial killer has heightened interest in expanding the process.19
Congress is apparently favorably considering legislation that would
encourage the FBI to expand its use of familial DNA searches, subject
to “appropriate protections for the privacy rights of those in the NDIS
database”. 20 Familial searching does raise compelling policy questions
that the legislatures and the courts have yet to definitively answer.21

The danger opponents see is that this personal, private health data
will be used for a variety of discriminatory and currently unlawful
purposes. This debate poses what many see as a conflict between public
safety and individual privacy. Some maintain that balancing these
conflicting interests is ultimately a political issue and that privacy
interests are best protected through regulatory control over the law
enforcement agencies that have access to the DNA databases.22

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
http://ebookcentral.proquest.com/lib/ashford-ebooks/detail.action?docID=1057854.
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52 Forensic Science Evidence

Search Issues

DNA database issues may most often present themselves in pretrial
motions alleging that they are the result of unlawful searches and
seizures in violation of the Fourth Amendment. Generally, such
motions have failed. The federal courts have consistently ruled that the
federal statute and various state statutes mandating the taking of DNA
samples for law enforcement databases are not constitutionally infirm.23

The physical gathering of a DNA specimen from a suspect for DNA
testing is, of course, governed by the same Fourth Amendment
constraints that apply to any seizure, and the DNA purpose of that
seizure does not change that analysis.

Statutes of Limitations and “John Doe” Warrants

One of the side effects of the use of newly developing DNA techniques
and ever- expanding DNA databases in “cold” cases is an often lengthy
delay in charging a defendant whose identity is finally revealed by that
DNA comparison. Applicable statutes of limitation may well have
expired in the interim. In response, federal and state legislatures have
begun to revise the statutory limitation periods.24

The Justice for All Act of 200425 that expanded the CODIS
database also extended the federal statute of limitations in cases which
DNA testing implicates a perpetrator until the time that the actual
identity of the perpetrator is discovered. Several states have similarly
extended some periods of limitations, including “Colorado, Florida,
Indiana, Michigan, Nevada, New Jersey, and New York.”26 Many states
have created special statutory limitation extensions applicable to sexual
assault cases.27 A myriad of additional extensions and modifications of
state limitations periods are currently under consideration.28 The
proposals range, for example, from eliminating the limitations period
entirely for certain offenses29 to extending the statute when DNA
evidence is recovered at a crime scene but the evidence does not
currently match anyone in the DNA database.30

Additionally, prosecutors in several states have tried to toll the

statute of limitations by filing a criminal complaint and warrant naming
“John Doe” as the defendant and identifying him by the DNA profile
obtained from a crime scene specimen. Prosecuting attorney

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
http://ebookcentral.proquest.com/lib/ashford-ebooks/detail.action?docID=1057854.
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Pretrial Forensic Issues 53

organizations and the Justice Department are encouraging the filing of
such “John Doe” warrants.31 These warrants were first originated in
Wisconsin in 1999 but are now being used by prosecutors in many
other jurisdictions.32 Federal and some state statutes have specifically
authorized the use of such warrants.33 The legal issue is whether such
warrants or indictments sufficiently identify the defendant so as to toll
the statute of limitations. The Fourth Amendment requires that warrants
particularly describe the person to be seized.34 The Federal Rules of
Criminal Procedure require that an arrest warrant “contain the
defendant’s name or, if it is unknown, any name or description by
which the defendant can be identified with reasonable certainty.”35
Most states have similar requirements.36

“John Doe” warrants without further identifying information are
clearly constitutionally insufficient,37 even when they contain some
physical description such as race, height, or weight.38 Prosecutors
contend, however, that including the DNA profile not only meets but
exceeds the reasonable certainty requirement because the profile can
only identify one person. Defense lawyers disagree on the basis that
“DNA samples will degrade over time, even under optimal conditions
and errors in the collection, handling and storage of DNA samples can
result in errors in identification.”39 Defense lawyers assert that
nameless DNA warrants do not meet the requirement of reasonable
certainty and that allowing such John Doe warrants vitiates their rights
under the applicable statute of limitations.

Courts which have reviewed John Doe DNA warrants have
generally upheld their validity.40 As the Supreme Court of
Massachusetts recently put it, “[w]here a general John Doe indictment,
bereft of any particularity, must fail as generally anonymous, the
converse is true of a DNA indictment: it prevails as precisely
eponymous”.41

Defense Discovery and Requests for Assistance

The increase in the use of forensic scientific evidence by the
government also heightens the need for the defense in a criminal case
both to investigate and respond to the government’s evidence and
possibly to affirmatively seek forensic evidence of its own.

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
http://ebookcentral.proquest.com/lib/ashford-ebooks/detail.action?docID=1057854.
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54 Forensic Science Evidence

Preliminarily, this means that the defense will seek to discover the test
results obtained by the government as soon as possible. Unfortunately,
many government crime laboratories are simply incapable of
performing forensic tests within a reasonable period of time.

In 2002, the federal government estimated that state crime
laboratories “ended the year with over 500,000 backlogged requests for
forensic services—a more than seventy percent increase in the backlog
of requests compared to the beginning of the year.”42

They also
“estimated that about 1,900 additional FTEs [full time equivalent
personnel] would have been needed to achieve a 30-day turnaround for
all 2002 requests for forensic services . . . [and the] estimated cost of
the additional FTEs exceeds $70.2 million.”43

More recently, the
federal government estimates that, just as to DNA, there was a national
backlog of 100,628 DNA cases as of January 1, 2009, which grew to
111,647 by the end of the year.44 The backlogs have also resulted in
some very high profile mistakes, delays and even closures at police
laboratories.45 The federal government has recognized the problem and
initiated a program designed to assist States in reducing the backlog, at
least as it relates to DNA testing46 but it remains a significant
problem.47

Often laboratories seem to base the priorities for testing on the
proximity of a trial date, and defense attorneys rightly complain that
this leaves them with little time to prepare a response or even to
responsibly advise their clients about the weight of the evidence against
them. In its simplest form, this may come before the trial court as a
defense motion to compel or enforce discovery. It may even come up in
a motion to reduce bond based on an assertion that the laboratory
results may be exculpatory.48

Ultimately, if the prosecution fails to
produce the test results in spite of a court order, the judge may have to
hear a request for a variety of sanctions against the prosecution.

Some states have enacted statutes to relieve the pressure on their
crime laboratory personnel by specifically allowing the admission of
laboratory reports in lieu of the testimony of the persons who
performed the testing. Those laws were struck down by the Supreme
Court in Melendez-Diaz v. Massachusetts.49 The Court held that
laboratory reports are indeed “testimonial” under the Supreme Court’s
prior holdings in Crawford v. Washington50 and Davis v. Washington.51
Therefore it was a violation of the Sixth Amendment right of
confrontation to allow the government to submit a chemical drug test

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
http://ebookcentral.proquest.com/lib/ashford-ebooks/detail.action?docID=1057854.
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Pretrial Forensic Issues 55

report without the testimony of the scientist. Since Melendez-Diaz, the
holding has been applied to other forensic evidence reports as well,
including DNA testing reports.52 However, the scope of the close
ruling in Melendez-Diaz remains a current topic in the courts. In
Bullcoming v. New Mexico53 the Supreme Court applied Melendez-
Diaz to strike down the admissibility of a blood-alcohol laboratory
report, when the accompanying testimony was from a laboratory
technician who did not perform the analysis or write the report. In
Williams v. Illinois54 the Supreme Court is considering whether the a
report from an independent laboratory and accompanying testimony
from a state analyst who reviewed the data also violates the
confrontation clause. It has been common for experts to testify about
DNA matches though they did not actually perform the testing and the
court’s decision in Williams could end that practice.

The Supreme Court, however, has left open a different option
which would be constitutional. Justice Scalia, writing for the majority,
stated that alternative “notice and demand” laws which require the
prosecution to provide notice to the defendant of its intent to use an
analyst’s report, and give the defendant a period of time in which he
may object to the admission of the evidence or forfeit that objection,
are permissible. Given the already existing backlog and demands on
state crime laboratories,55 many states are quickly trying to follow up
on that suggestion.56

Aside from the issue of the admissibility of laboratory reports, a
defendant has a constitutional right of confrontation to examine the
evidence against him, and that would include the specimens used in
laboratory tests as well as the details of the testing performed on those
specimens. The discoverable materials at the pretrial stage would
certainly include more than just the laboratory report. Pretrial discovery
would normally include a right by the defense to obtain, and perform its
own testing and analysis on, the specimen. The circumstances of that
examination, especially when the evidence is subject to contamination
or even consumption, often may be tightly controlled by the terms of a
discovery order. Note, however, that the failure of the police to
preserve a specimen may not amount to a constitutional violation
absent a showing of police bad faith.57

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
http://ebookcentral.proquest.com/lib/ashford-ebooks/detail.action?docID=1057854.
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56 Forensic Science Evidence

Indigent defendants clearly have the same discovery rights. Trial
judges often, however, have to address the desire of indigent
defendants to retain defense experts for analysis and testimony. In Ake
v. Oklahoma,58

the Supreme Court of the United States established that
an indigent defendant in a criminal case has a constitutional right to the
assistance of publicly funded experts.59 Some commentators believe
that the right granted by the Supreme Court in Ake has proven to be
illusory in practice.

In determining whether the court must make public funds available
for a defense expert witness, the trial judge must consider the probable
value of the expert analysis to the defense. Public funding is required
when the issue is likely to be significant in the trial. The burden is on
the defense to show that the expert is necessary.60 However, at the least,
when the prosecution has conducted a forensic examination of
evidence, the defense would clearly seem to be entitled to its own
similar expert examination of that evidence.

1 The DNA Identification Act of 1994, Pub. L. 103-322, 108 Stat. 2065 (1994).
2 Nat’l Inst. of Justice, U.S. Dep’t of Justice, Using DNA To Solve Cold Cases 9

(2002), available online at http://www.ncjrs.gov/pdffiles1/nij/194197.pdf
(last visited December 14, 2011).

3 Id.
4 42 U.S.C. § 14135(j) (2006 & Supp. 2007).
5 Matejik, Laura, DNA Sampling: Privacy and Police Investigation in a Suspect

Society, 61 Ark. L. Rev 53 (2008).
6 Nat’l Inst. of Justice, U.S. Dep’t of Justice, DNA in “Minor Cases” Yields

Major Benefits in Public Safety, in In Short: Toward Criminal Justice
Solutions, Nov. 2004, at 1, 3, available online at
http://www.ncjrs.gov/pdffiles1/nij/207203.pdf (last visited December 14,
2011).

7 For a discussion of some of these issues, see Cole, Simon A., Fingerprint
Identification and the Criminal Justice System: Historical Lessons for the
DNA Database, in DNA and the Criminal Justice System: the Technology of
Justice, ed. David Lazer, (2004), at 80-84.

8 DNA Research Report, Domestic DNA Legislation, available online at
http://www.dnaresource.com/documents/2007DNAExpansionLegislation.pdf

(last visited December 14, 2011).

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
http://ebookcentral.proquest.com/lib/ashford-ebooks/detail.action?docID=1057854.
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Pretrial Forensic Issues 57

9 Barbour, Emily C., DNA Databanking: Selected Fourth Amendment Issues

and Analysis, Congressional Research Service No. 7-5700 (June 6, 2011),
available online at http://fulltextreports.com/2011/07/19/crs-dna-
databanking-selected-fourth-amendment-issues-and-analysis/ (last visited
November 17, 2011).

10 DNA Fingerprint Act, 42 U.S.C. § 14135a(a)(1)(A).
11 28 C.F.R. § 28.12, 73 Fed. Reg. 74932 (eff. Jan. 9, 2009).
12 United States v. Pool, 621 F.3d 1213 (9th Cir. 2010).
13 United States v. Pool, ___ F.3d ___, 2011 WL 2151202, at *1 (9th Cir. June

2, 2011).
14 United States v. Mitchell, ___ F.3d ___ (3d Cir. No. 09-4718, July 25,

2011).
15 See Steinhardt, Barry, Privacy and Forensic DNA Data Banks, in DNA And

The Criminal Justice System: The Technology Of Justice, ed. David Lazer,
(2004) at 173: and Preston, Corey, Faulty Foundations: How the False
Analogy to Routine Fingerprinting Undermines the Argument for Arrestee
DNA Sampling, 19 Wm. & Mary Bill Rts. J. 475 (2010).

16 See Bieber, Frederick R, Charles H. Brenner, and David Lazer, Finding
Criminals Through DNA of Their Relatives, Science:
Vol. 312 no. 5778 pp. 1315-1316, (June 2, 2006) available online at
http://www.sciencemag.org/content/312/5778/1315.citation (last visited
November 18, 2011); and Ge, Jianye, Ranajit Chakraborry, Arthur Eisenberg
and Bruce Budowle, Comparisons of Familial DNA Database Searching
Strategies, J. Forensic Sci.Vol.56, No. 6 (November 2011).

17 Colorado Bureau of Investigation, DNA Familial Search Policy (October 22,
2009), available online at
http://www.denverda.org/DNA/Familial_DNA_Database_Searches.htm (last
visited December 14, 2011).

18 Information Bulletin from Edmund G. Brown, Jr., Attorney General, DNA
Partial Match (Crime Scene DNA Profile to Offender) Policy No. 2008-BFS-
01 (2008), available online at
http://ag.ca.gov/cms_attachments/press/pdfs/n1548_08-bfs-01.pdf (last
visited November 19, 2011).

19 Steinhauer, Jennifer, ‘Grim Sleeper’ Arrest Fans Debate on DNA Use, N.Y.
Times, July 2, 2010, available online at

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
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58 Forensic Science Evidence

http://www.nytimes.com/2010/07/09/us/09sleeper.html (last visited
November 19, 2011).

20 The House and Senate have approved a Conference Report that states “The
Committee encourages the FBI to undertake activities to facilitate familial
DNA searches of the National DNA Index System (NDIS) database of
convicted offenders, and work with the NDIS Procedures Board to consider
the establishment of procedures allowing familial searches only for serious
violent and sexual crimes where other investigative leads have been
exhausted. The procedures should provide appropriate protections for the
privacy rights of those in the NDIS database.” Commerce, Justice, Science
and Related Agencies Appropriations Bill, 2012, House Report 112- 169,
112th Congress (2011-2012) available online at http://thomas.loc.gov/cgi-
bin/query/z?c112:H.R.2596 (last visited November 26, 2011) . See Schiff,
Adam, Schiff’s Familial DNA Language Passes as Part of Conference
Report, Press Release (Nov. 21, 2011) available online at
http://schiff.house.gov/index.cfm?sectionid=49&parentid=6&sectiontree=6,4
9&itemid=869 (last visited November 26, 2011).

21 See Ram, Natalie, Fortuity and Forensic Familial Identification, 63 Stan. L.
Rev. 751 (2011); and Murphy, Erin, Relative Doubt: Familial Searches of
DNA Databases, 109 Mich. L. Rev. 291 (2010) arguing for the prohibition or
at least restriction of familial database searches.

22 See Etzioni, Amitai, A Communitarian Approach: A Viewpoint on the Study
of the Legal, Ethical and Policy Considerations Raised by DNA Tests and
Databases, 34 J. L. Med. & Ethics 214, 219-20 (2006).

23 See, e.g., Jones v. Murray, 962 F.2d 302, 308 (4th Cir. 1992).
24 For a general description of statute of limitations issues relating to DNA, see

Imwinkelried, Edward J., The Relative Priority That Should Be Assigned to
Trial Stage DNA Issues, in DNA And The Criminal Justice System: The
Technology Of Justice, ed. David Lazer, (2004); Diehl, Jonathan W. , Note,
Drafting a Fair DNA Exception to the Statute of Limitations in Sexual
Assault Cases, 39 Jurimetrics J. 431 (1999); and Dunn, Amy, Note, Criminal
Law—Statutes of Limitation on Sexual Assault Crimes: Has the Availability
of DNA Evidence Rendered Them Obsolete?, 23 U. Ark. Little Rock L. Rev.
839 (2001).

25 Justice for All Act of 2004, Pub. L. No. 108-405, 118 Stat. 2260 (2004).
26 Imwinkelried, Edward J., The Relative Priority That Should Be Assigned to

Trial Stage DNA Issues, in DNA and the Criminal Justice System: The

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
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Pretrial Forensic Issues 59

Technology of Justice, ed. David Lazer, (2004) at 94, 103 n.26.

27 For a listing of legislative enactments by state, see Nat’l Conference of State
Legislatures, Statute of Limitations for Sexual Assaults (2007), available
online at http://www.ncsl.org/default.aspx?tabid=12723 (last visited
December 14, 2011). For a discussion of early statutory limitation changes in
response to DNA developments, see Ulmer, Frank B., Note, Using DNA
Profiles to Obtain “John Doe” Arrest Warrants and Indictments, 58 Wash. &
Lee L. Rev. 1585 (2001).

28 For an updated list of DNA related state statute of limitation proposals, see
Gordon Thomas Honeywell Gov’t Affairs, 2008 Statute of Limitations DNA
Legislation (2008), available online at
http://www.dnaresource.com/documents/2008StatuteofLimitationsLegislatio
n.pdf (last visited December 14, 2011).

29 Id.
30 Id.
31 See Nat’l Inst. of Justice, U.S. Dep’t Of Justice, Using DNA To Solve Cold

Cases 9 (2002), at 22, available online at
http://www.ncjrs.gov/pdffiles1/nij/194197.pdf (last visited December 14,
2011).

32 See Akehurst-Moore, Scott, An Appropriate Balance?–A Survey and
Critique of State and Federal DNA Indictment and Tolling Statutes, 6 J. High
Tech. L. 213, 216 (2006); and Ulmer, Frank B., Note, Using DNA Profiles to
Obtain “John Doe” Arrest Warrants and Indictments, 58 Wash. & Lee L.
Rev. 1585 (2001), at 1586-88.

33 See, e.g., 18 U.S.C. § 3282 (2006); Ark. Code Ann. §§ 5-1-109(b)(1)(B), (i)-
(j) (2006); Del. Code Ann. Tit. 11, § 3107 (2007); Mich. Comp. Laws §
767.24(2) (2008); N.H. Rev. Stat. Ann. § 592-A:7(II) (Supp. 2008).

34 U. S. Const. amend. IV; Frank B. Ulmer, Note, Using DNA Profiles to
Obtain “John Doe” Arrest Warrants and Indictments, 58 Wash. & Lee L.
Rev. 1585 (2001), at 1600.

35 Fed. R. Crim. P. 4(b)(1)(A); Frank B. Ulmer, Note, Using DNA Profiles to
Obtain “John Doe” Arrest Warrants and Indictments, 58 Wash. & Lee L.
Rev. 1585 (2001),at 1600-01.

36 Ulmer, Frank B. , Note, Using DNA Profiles to Obtain “John Doe” Arrest
Warrants and Indictments, 58 Wash. & Lee L. Rev. 1585 (2001), at 1600-01.

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
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60 Forensic Science Evidence

Criminal homework help

99

Chapter 8

Handwriting Comparison

Comparison of handwriting samples, or questioned document
examination as its practitioners call it, was an early form of
identification and is one of the oldest types of forensic evidence. It
broadly involves the comparison of documents and printing and writing
to identify persons who are the source of the writing, to reveal
alterations, or to identify the source of typewritten marks.1 This chapter
focuses primarily on handwriting analysis. The science is based on “the
asserted ability to determine the authorship vel non of a piece of
handwriting by examining the way in which the letters are inscribed,
shaped and joined, and comparing it to exemplars of a putative author’s
concededly authentic handwriting.”2 Handwriting examiners claim that
no two people write alike and that no one person writes the same way
twice.3 They argue, therefore, that no two writings are ever identical.4
Although it was offered in courts even before the twentieth century, it
was not widely accepted as scientific evidence until it became part of
the cornerstone of the prosecution case in State v. Hauptmann, the
Lindbergh kidnapping case.5

In America, the handwriting analysis system was developed and
promoted by Albert S. Osborne in the early 1900s and it has remained
virtually unchanged since.6 After the Hauptmann case, it appears to
have been almost unanimously accepted as reliable and admissible.7
As with several other such routinely accepted types of forensic
scientific evidence, Daubert has led scientists and the courts to
reexamine questions of the reliability and admissibility of handwriting
comparison expert testimony.

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
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100 Forensic Science Evidence

Questioned Document Principles and Procedures

Handwriting analysis involves the comparison of a questioned item
with an item of known origin. Certain requirements must be met before
a handwriting comparison can be made.8 The writing must be of the
same type (e.g., handwritten or hand printed) and the text must be of a
comparable sort (e.g., similar letter and word combinations). Special
situations involve forgery, which is an attempt to imitate another’s
writing, and disguise, which is an attempt to change writing style to
prevent identification. The bases for comparison are the features or
attributes that are common to both samples. The characteristics of the
writings are also identified as class characteristics (the style that the
writer was taught), individual characteristics (the writer’s personal
style), and other gross or subtle characteristics. The attributes used for
comparison of handwriting are twenty one so-called discriminating
elements.9 The comparison is based on the principal that, although
individuals have variations within their own writing, no two persons
write the same way. The analysis compares variability among writers
and variability within a single person’s writing, as shown in the
samples. Determining that two samples were written by the same
person means concluding that the degree of variability is more
consistent with individual writing variations than with variations
between two different persons.

Beyond these basic principles there is no dispute and no claim that
there is an identified or accepted system for analyzing handwriting, and
that the analysis and conclusions are subjective evaluations made by
handwriting examiners.10 The emphasis, therefore, has been on training
and testing persons to be considered handwriting experts. The
American Society for Testing and Materials (ASTM) has developed a
number of standards.11 The American Board of Forensic Document
Examiners is a trade organization that provides for certification.12
Although that organization requires an undergraduate degree in some
field, there is no formal educational or training requirement otherwise,
and most handwriting analysts are trained in forensic laboratories.

D. Michael Risinger summed up the contentions of the handwriting
analysts as follows:

Handwriting identification experts believe they can examine a
specimen of adult handwriting and determine whether the

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
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Handwriting Comparison 101

author of that specimen is the same person as or a different
person than the author of any other example of handwriting, as
long as both specimens are of sufficient quality and not
separated by years or the intervention of degenerative disease.
They further believe that they can accomplish this result with
great accuracy, and that they can do it much better than an
average literate person attempting the same task. They believe
they can obtain these accurate findings as the result of
applying an analytical methodology to the examination of
handwriting, according to certain principles which are
reflected in the questioned documents literature. They believe
that this literature explains how to examine handwriting for
identifying characteristics, and that by applying the lessons
taught by this literature in connection with their experiences in
various training exercises and in real world problems, they
learn to identify handwriting dependably.13

Risinger and others disagree and express significant scientific concerns
with handwriting analysis testimony.

Scientific Concerns with Handwriting Analysis Testimony

The basic principles of handwriting analysis are generally accepted as
plausible scientific hypotheses. However, scientists point out that this
plausibility is based on intuition rather than scientifically established
evidence. They point out that these conclusions are accepted as
axiomatic by handwriting examiners when they have never been
thoroughly tested using scientific methods.14 Determining whether each
person’s handwriting is truly unique would necessitate a study of a
large number of randomly chosen persons and the categorization and
measurement of the multitude of possible variations.15 There are no
standardized measurements and there is not even a public record of
handwriting samples which can be scientifically used to develop such
measurements or to test the basic underlying theories of handwriting
analysis.16 No formal empirical testing has been completed.17 The scant
studies which have been undertaken do not provide statistical support
for uniqueness.18

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
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102 Forensic Science Evidence

Criticism of the claimed expertise of handwriting examiners is
more intense and has been the subject of heated debate among scholars
and scientists. In 1989, D. Michael Risinger and two other law
professors published the results of their literature search which asserted
that there was no reliable study that established that document
examiners can accurately identify or exclude authorship by handwriting
comparison.19 The conclusion was hotly disputed by handwriting
examiner organizations, but no contrary study was found.20

The Forensic Sciences Foundation designed and administered
handwriting examiner proficiency tests for government crime
laboratories. The original tests were criticized as non-scientific because
they were administered only to a select group of volunteer laboratories
and did not use original documents.21 The 1975 tests resulted in 89% of
the laboratories correctly identifying the writer of a specimen letter.22
The proficiency tests were again undertaken in 1984 and 74% of the
responding 23 volunteer laboratories reached the correct result.23 Tests
in 1985, 1986 and 1987 revealed correct identification in only 41%,
13%, and 52%, respectively, of the responses.24 The examiner
organization disputes the interpretation of these results.25 Two
subsequent Forensic Sciences Foundation tests were administered in
1987 and 1989. Risinger interpreted the unpublished 1987 test results
as showing that 94% to 97% of the “easy” identifications were correctly
made by the respondents, while only 41% of the “harder”
identifications were correctly made.26 Risinger interpreted the
unpublished 1989 results as showing that 41% of respondents made
false positive identifications.27

In 1994, the FBI sponsored handwriting examiner proficiency
studies, which were conducted by Professor Moshe Kam and his
colleagues. The first study was designed to test whether a small group
of FBI document examiners could more correctly identify handwriting
authors than a group of college students with no handwriting training.
The results showed overwhelmingly good results by the trained
examiners “indicating that handwriting identification expertise
exists.”28 Subsequently, Kam and his colleagues designed a proficiency
test and administered it to professional examiners, trainees, and
laypersons. The results were only published in the aggregate but Kam
claimed that the results “lay to rest the debate over whether or not the
professional document examiners possess writer-identification skills
absent in the general population,”29 However, the study still showed

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
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Handwriting Comparison 103

that the professional erroneously declared an identification in 6.5% of
the cases.30 There were significant criticisms of the study31 and a
further study was conducted by Kam and colleagues in 1998 to explain
the effect that monetary incentives may have had on the test results.32
One final Kam study was undertaken which most closely approximated
a typical identification task and compared results between professional
examiners and laypersons. The reported results indicated that trained
examiners performed significantly better in identifying the genuiness of
signatures than laypersons and that the error rates exhibited by the
professionals were much smaller than those of the laypersons.33

A study examining proficiency in determining the genuiness of
signatures was conducted in 2002 and found that professional
examiners were wrong in 3.4% of the cases.34 Perhaps the most
significant scientific advancement in handwriting analysis legitimacy
comes from a recent study funded by the Department of Justice.
Professor Sargar Srihari and his colleagues collected handwriting
samples from 1568 persons and analyzed them using computer
algorithms to extract common features.35 They concluded that the
computer was able to distinguish writers with a high degree of
confidence.36 This scientific method may lead to a much more definitive
scientific basis for the expertise claimed in handwriting analysis.

The NAS report found value in handwriting comparison testimony
but recommended further scientific study:

The scientific basis for handwriting comparisons needs to be
strengthened. Recent studies have increased our understanding
of the individuality and consistency of handwriting and
computer studies and suggest that there may be a scientific
basis for handwriting comparison, at least in the absence of
intentional obfuscation or forgery. Although there has been
only limited research to quantify the reliability and
replicability of the practices used by trained document
examiners, the committee agrees that there may be some value
in handwriting analysis.37

Handwriting Analysis under Daubert

Daubert started a reevaluation of handwriting testimony which led to
even more inquiries after Kumho. Some courts are no longer so sure

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104 Forensic Science Evidence

about the admissibility of handwriting analysis evidence. In the pre-
Kumho case of United States v. Starzecpyzel38 the court held an
extensive Daubert hearing on the reliability of handwriting comparison
evidence. After a detailed analysis, the judge rejected the claim that
handwriting analysis has a scientific basis and stated that “Were the
Court to apply Daubert to the proffered FDE [forensic document
examiner] testimony, it would have to be excluded. This conclusion
derives from a straightforward analysis of the suggested Daubert
factors — testability and known error rate, peer review and publication,
and general acceptance.”39 However, the judge went on to hold that
“while scientific principles may relate to aspects of handwriting
analysis, they have little or nothing to do with the day-to-day tasks
performed by FDEs” and that because it is not a “science,” handwriting
expert testimony is not subject to the Daubert requirements.40 He
allowed the handwriting expert to testify as a technical or experience
based expert.41

After Kumho, in United States v. Fujii, an American court
excluded handwriting analysis testimony for the first time since the
Lindbergh case,42

and it was followed in United States v. Saelee.43
While other courts have begun to express some reservations, they have
not excluded handwriting analysis testimony altogether. Even when the
testimony about handwriting comparison is far from conclusive, some
courts have allowed it as being helpful to the jury.44 Notwithstanding
the doubts about the scientific basis for handwriting comparison
testimony, courts have still found it admissible for the most part. In
2003, the Fourth Circuit expressly ruled that handwriting comparison
testimony was admissible under Daubert in United States v. Crisp.45
The Court there held that “The fact that handwriting comparison
analysis has achieved widespread and lasting acceptance in the expert
community gives us the assurance of reliability that Daubert requires.
Furthermore, as with expert testimony on fingerprints, the role of the
handwriting expert is primarily to draw the jury’s attention to
similarities between a known exemplar and a contested sample.”46 The
Court seemed to almost abdicate the “gatekeeper” role for trial judges
when it concluded that “To the extent that a given handwriting analysis
is flawed or flimsy, an able defense lawyer will bring that fact to the
jury’s attention, both through skillful cross-examination and by
presenting expert testimony of his own.”47 In United States v.
Mooney,48 the 1st Circuit reached a similar result without much

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Handwriting Comparison 105

explanation. For the most part, courts have continued, on one basis or
another, to allow handwriting comparison testimony, although the
testimony of particular witnesses has been excluded.49

Much like fingerprint testimony, the court system appears reluctant
to actually apply a Daubert analysis to handwriting evidence which has
been a standard tool in the prosecution’s evidence arsenal for such a
long time. It may well take a highly publicized post conviction DNA
exoneration of a person who was convicted based on handwriting
examiner testimony to change the trend. In the meantime, however, the
good news is that the handwriting examiner community appears to be
taking its scientific obligations more seriously and seeking to establish
a true scientific basis for the claimed expertise. The principal prospect
for such evidence may lie in recent efforts to use computer analysis to
compile reliable databases of handwriting samples and quantifiable
features and characteristics.

1 National Research Council of the National Academies, Strengthening

Forensic Science in the United States: A Path Forward (2009), p. 163
2 Risinger, D. Michael, Handwriting Identification, in Modern Scientific

Evidence: The Law and Science of Expert Testimony, eds. David L. Faigman,
Michael J. Saks, Joseph Sanders, and Edward K. Cheng, (2009-2010 edition)
at §§34.1, et seq at 453; see also Morris, Ron N., Forensic Handwriting
Identification: Fundamental Concepts And Principles 129-42 (2000).

3 Risinger, D. Michael, Handwriting Identification, in Modern Scientific
Evidence: The Law and Science of Expert Testimony, eds. David L. Faigman,
Michael J. Saks, Joseph Sanders, and Edward K. Cheng, (2009-2010 edition)
at, §34:12, at 569.

4 Id..
5 State v. Hauptmann, 180 A. 809, 822 (N.J. 1935).
6 See Risinger, D. Michael , Handwriting Identification, in Modern Scientific

Evidence: The Law and Science of Expert Testimony, eds. David L. Faigman,
Michael J. Saks, Joseph Sanders, and Edward K. Cheng, (2009-2010 edition)
§34:3, at 455-459; Lyssitzyn, Christine Beck, Forensic Evidence in Court: A
Case Study Approach (2007), at 247.

7 Moriarty, Jane Campbell & Michael J. Saks, Forensic Science: Grand Goals,
Tragic Flaws, and Judicial Gatekeeping, Judges’ J., Fall 2005, p. 16, 21
(2005); Risinger, D. Michael , Handwriting Identification, in Modern

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
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106 Forensic Science Evidence

Scientific Evidence: The Law and Science of Expert Testimony, eds. David L.
Faigman, Michael J. Saks, Joseph Sanders, and Edward K. Cheng, (2009-
2010 edition) §34:3, at at 455-459; Risinger, D. Michael, Mark P. Denbeaux
& Michael J. Saks, Exorcism of Ignorance as a Proxy for Rational
Knowledge: The Lessons of Handwriting Identification “Expertise”, 137 U.
Pa. L. Rev. 731 (1989).

8 National Research Council of the National Academies, Strengthening
Forensic Science in the United States: A Path Forward (2009), pp. 165-166.

9 Huber, Roy A. and A. M. Headrick, Handwriting Identification: Facts and
Fundamentals (1999).

10 See Risinger, D. Michael, Handwriting Identification, in Modern Scientific
Evidence: The Law and Science of Expert Testimony, eds. David L. Faigman,
Michael J. Saks, Joseph Sanders, and Edward K. Cheng, (2009-2010 edition)
§34:3, at 455-459; Lyssitzyn, Christine Beck, Forensic Evidence in Court: A
Case Study Approach (2007), at 249.

11 See, e.g., Standard Descriptions of Scope of Work Relating to Forensic
Document Examiners, ASTM E444-09 (2009); Standard Terminology for
Expressing Conclusions of Forensic Document Examiners, ASTM E1658 –
08 (2008); Standard Guide for Minimum Training Requirements for
Forensic Document Examiners, ASTM E2388 – 05 (2005).

12 American Board of Forensic Examiners, online at
http://www.abfde.org/Index.html (last visited December 14, 2011).

13 Risinger, D. Michael, Handwriting Identification, in Modern Scientific
Evidence: The Law and Science of Expert Testimony, eds. David L. Faigman,
Michael J. Saks, Joseph Sanders, and Edward K. Cheng, (2009-2010 edition)
§34.10 at 563-564, citing Albert S. Osborne, Questioned Documents 6 (2d
ed. 1929); and Ellen, David, The Scientific Examination of Documents:
Methods and Techniques 9 (1989).

14 Id., at 568-569.
15 Lyssitzyn, Christine Beck, Forensic Evidence in Court: A Case Study

Approach (2007), at 251.
16 Saks, Michael J. and Holly VanderHaar, On the “General Acceptance” of

Handwriting Identification Principles, 50 J. Forensic. Sci. 119 (2005).
17 Risinger, D. Michael , Handwriting Identification, in Modern Scientific

Evidence: The Law and Science of Expert Testimony, eds. David L. Faigman,
Michael J. Saks, Joseph Sanders, and Edward K. Cheng, (2009-2010 edition)
§34.14 at 579.

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
http://ebookcentral.proquest.com/lib/ashford-ebooks/detail.action?docID=1057854.
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Handwriting Comparison 107

18 R. J. Muehlberger, et al, A Statistical Examination of Selected Handwriting

Characteristics, 22 J. For. Sci. 206 (1977); Srihari, Sargur N., Sung-Hyuk
Cha, Hina Arora, Sangjik Lee, Individuality of Handwriting: A Validation
Study, Sixth International Conference on Document Analysis and
Recognition, ICDAR’01, (2001), available online at
http://www.cedar.buffalo.edu/papers/articles/Individuality_Handwriting_200
1.pdf (last visited December 14, 2011).

19 Risinger, D. Michael , Mark P. Denbeaux, and Michael J. Saks, Exorcism of
Ignorance as a Proxy for Rational Knowledge: The Lessons of Handwriting
Identification “Expertise”, 137 U. Pa. L. Rev. 731 (1989).

20 Galbraith, Oliver, Craig Galbraith, and Nanette Galbraith, The “Principle of
the Drunkard’s Search” as a Proxy for Scientific Analysis: The Misuse of
Handwriting Test Data in a Law Journal Article, 1 Int’l J. Forensic
Document Examiners 7 (1995). For a full discussion of the ensuing debate,
see Risinger, D. Michael , Handwriting Identification, in Modern Scientific
Evidence: The Law and Science of Expert Testimony, eds. David L. Faigman,
Michael J. Saks, Joseph Sanders, and Edward K. Cheng, (2009-2010 edition)
§34.14, at 581-643.

21 Risinger, D. Michael, Handwriting Identification, in Modern Scientific
Evidence: The Law and Science of Expert Testimony, eds. David L. Faigman,
Michael J. Saks, Joseph Sanders, and Edward K. Cheng, (2009-2010 edition)
§34.14 et seq.

22 Id.
23 Id.
24 Id.
25 Galbraith, Oliver, Craig Galbraith, and Nanette Galbraith, The “Principle of

the Drunkard’s Search” as a Proxy for Scientific Analysis: The Misuse of
Handwriting Test Data in a Law Journal Article, 1 Int’l J. Forensic
Document Examiners 7 (1995).

26 Risinger, D. Michael , Handwriting Identification, in Modern Scientific
Evidence: The Law and Science of Expert Testimony, eds. David L. Faigman,
Michael J. Saks, Joseph Sanders, and Edward K. Cheng, (2009-2010 edition)
§34.14 et seq.

27 Id.
28 Kam, Moshe J., Wetstein, and R. Conn, Proficiency of Professional

Document Examiners in Writer Identification, 39 J. For. Sci. 5 (1994),

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
http://ebookcentral.proquest.com/lib/ashford-ebooks/detail.action?docID=1057854.
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108 Forensic Science Evidence

abstract available online at http://www.ncjrs.gov/App/Publications/
abstract.aspx?ID=146638 (last visited December 14, 2011).

29 Kam, Moshe, G. Fielding and Robert Conn, Writer Examination by
Professional Document Examiners, 42 J. For. Sci. 778 (1997).

30 Id.
31 The criticisms included the use of monetary incentives for the layperson

subjects, aggregation of results, and other concerns. See Risinger, D.
Michael , Handwriting Identification, in Modern Scientific Evidence: The
Law and Science of Expert Testimony, eds. David L. Faigman, Michael J.
Saks, Joseph Sanders, and Edward K. Cheng, (2009-2010 edition) §34.29.

32 Kam, Moshe, Gabriel Fielding and Robert Conn, Effects of Monetary
Incentives on Performance in Document Examination Proficiency Tests, 43
J. For. Sci. 1000 (1997).

33 Kam, Moshe, K. Gummadidala, G. Fielding, and R. Conn, Signature
Authentication by Forensic Document Examiners, 46 J. For. Sci. 884 (2001).

34 Sita, J,, B. Found and D. Rogers, Forensic Handwriting Examiners’
Expertise for Signature Comparison, 47 J. Forensic Sci. 1117 (2002).

35 Srihari, Sargur N., Sung-Hyuk Cha, Hina Arora & Sangjik Lee, Individuality
of Handwriting, 47 J. Forensic Sci. 856, 871 (2002).

36 Id.
37 National Research Council of the National Academies, Strengthening

Forensic Science in the United States: A Path Forward (2009), pp. 166-167.
38 United States v. Starzecpyzel, 880 F. Supp. 1027, 42 Fed. R. Evid. Serv. 247

(S.D. N.Y. 1995).
39 Id.
40 Id.
41 Id. The distinction was later rejected in Kumho.
42 United States v. Fujii, 152 F. Supp.2d 939, 942 (N.D. Ill. 2000). The Court

held that “[c]onsidering the questions about handwriting analysis generally
under Daubert, the lack of any evidence that the identification of
handprinting is an expertise that meets the Daubert standards and the
questions that have been raised, which the government has not attempted to
answer, about its expert’s ability to opine reliably on handprinting
identification in dealing with native Japanese writers taught English printing
in Japan, the court grants the defendant’s motion.”

43 United States v. Saelee, 162 F. Supp.2d 1097 (D. Alaska 2001). In a broader
decision than Fujii, the Saelee Court found that the government could not

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
http://ebookcentral.proquest.com/lib/ashford-ebooks/detail.action?docID=1057854.
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Handwriting Comparison 109

establish that handwriting identification was “the product of reliable
methods”.

44 United States v. Hines, 55 F. Supp.2d 62, 67-68 (D. Mass. 1999) (holding
that expert testimony about general similarities and differences between the
evidentiary sample and defendant’s exemplar was admissible but that the
expert could not testify to the conclusion that the defendant was the author
because it lacked empirical validation); People v. Todmann, 2010 WL
684009 (V.I. 2010) (upholding a trial judge’s exclusion of handwriting
testimony that the defendant “may have” signed the document because it was
“far too speculative to be of any assistance to the jury, and will most likely
mislead the jurors”). Cf. Miller v. State, ___A.3d ___, 2011 WL 4363938
(Md. 2011) (allowing ambiguous testimony that a comparison of
handwriting samples showed characteristics “which prevents [defendant’s]
elimination as a suspect in this case”).

45 United States v. Crisp, 324 F.3d 261 (4th Cir. 2003).
46 Id.
47 Id.
48 United States v. Mooney, 315 F.3d 54, 60 Fed. Evid. Serv. 60 (1st Cir. 2002).
49 See, e.g., United States v. Brooks, 81 Fed. R. Evid. Serv. 381 (E.D. N.Y.

2010). For an extremely detailed description of post-Daubert cases dealing
with handwriting comparison, see Risinger, D. Michael , Handwriting
Identification, in Modern Scientific Evidence: The Law and Science of
Expert Testimony, eds. David L. Faigman, Michael J. Saks, Joseph Sanders,
and Edward K. Cheng, (2009-2010 edition) at §§34.4 -34.9.

Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
http://ebookcentral.proquest.com/lib/ashford-ebooks/detail.action?docID=1057854.
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Shelton, Donald E.. Forensic Science Evidence : Can the Law Keep Up with Science, LFB Scholarly Publishing LLC, 2012. ProQuest Ebook Central,
http://ebookcentral.proquest.com/lib/ashford-ebooks/detail.action?docID=1057854.
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111

Chapter 9

Hair Analysis

Hair analysis can be a forens

Criminal homework help

Due Date: 11:59 pm EST Sunday of Unit 7
Points: 100

Overview:

Throughout the course, you have been working on a criminal theories course project. In
this final part, you will combine the elements from your previous papers into a final
document along with a conclusion. This will give you a platform to create your paper
based on the feedback from your instructor.

Instructions:

For this assignment, follow the outline you created in Unit 2 to structure your paper.
Using your previous assignments and the instructor feedback you received on them,
provide the following information in your paper:

• Introduce the criminal act.
• State the repercussions of the problem.
• Introduce Theory 1

o Apply the theory to the criminal act.
• Introduce Theory 2

o Apply the theory to the criminal act.
• Introduce theory 3

o Apply the theory to the criminal act.
• Which theory was the most effective, which was the least?
• Conclusion: tie up your course project with a call to action.

Requirements:

• Submit in a Word document in APA format.
• Length: at least six, no more than eight pages, not including title and reference

pages.
• At least eight resources, along with the textbook.

CRJ404 – Theoretical Criminology

Unit 7 Assignment: Course Project, Final Paper

Be sure to read the criteria below by which your work will be evaluated before
you write and again after you write.

Evaluation Rubric for Unit 2 Assignment

CRITERIA Deficient Needs
Improvement

Proficient Exemplary

0 – 5 Points 6 – 7 Points 8 – 9 Points 10 Points

Introduction,
background
information, a
preview of main
points, and the
thesis statement
of the criminal
act

The introduction,
background,
preview, and thesis
are missing or
poorly written.

The introduction,
background,
preview, and thesis
are presented but
missing key details.

The introduction,
background,
preview, and thesis
are presented but
missing minor
details.

The introduction,
background, preview,
and thesis are clearly
and completely
presented, including
all details.

Repercussions
of the problem

The repercussions
of the problem are
missing or poorly
written.

The repercussions
of the problem are
presented but
missing key details.

The repercussions
of the problem are
presented but
missing minor
details.

The repercussions of
the problem are
clearly and
completely
presented, including
all details.

0 – 6 points 7 – 8 points 9 – 10 points 11 points
Theory 1 and its
application to the
criminal act

Theory 1 and its
application to the
criminal act are
missing or poorly
written.

Theory 1 and its
application to the
criminal act are
presented but
missing key details.

Theory 1 and its
application to the
criminal act are
presented but
missing minor
details.

Theory 1 and its
application to the
criminal act are
clearly and
completely
presented, including
all details.

Theory 2 and its
application to the
criminal act

Theory 2 and its
application to the
criminal act are
missing or poorly
written.

Theory 2 and its
application to the
criminal act are
presented but
missing key details.

Theory 2 and its
application to the
criminal act are
presented but
missing minor
details.

Theory 2 and its
application to the
criminal act are
clearly and
completely
presented, including
all details.

Theory 3 and its
application to the
criminal act

Theory 3 and its
application to the
criminal act are
missing or poorly
written.

Theory 3 and its
application to the
criminal act are
presented but
missing key details.

Theory 3 and its
application to the
criminal act are
presented but
missing minor
details.

Theory 3 and its
application to the
criminal act are
clearly and
completely
presented, including
all details.

0 – 5 points 6 – 7 points 8 – 9 points 10 points
Which theory
was the most
effective

A theory was not
identified, or the
explanation was
poorly written.

A theory was
identified as being
the most effective.
An explanation was
given but missing
key details.

A theory was
identified as being
the most effective.
An explanation was
given but missing
minor details.

A theory was
identified as being
the most effective. A
thorough explanation
was given.

CRITERIA Deficient Needs
Improvement

Proficient Exemplary

Conclusion:
summation and
call to action

The conclusion,
thesis, and a call to
action are missing or
poorly written.

The conclusion
contains a
summation of the
paper, thesis, and a
call to action. All are
presented but
missing key details.

The conclusion
contains a
summation of the
paper, thesis, and a
call to action. All are
presented but
missing minor
details.

The conclusion
contains a
summation of the
paper, thesis, and a
call to action. All
clearly and
completely
presented.

0 – 5 points 6 – 7 points 8 points 9 points
Length Less than six pages

or more than eight
pages.

N/A N/A No less than six
pages, no more than
eight pages.

Resources Less than five
resources.

Five to seven
resources.

Eight resources. More than eight
resources.

Clear and
Professional
Writing and APA
Format

Errors impede
professional
presentation;
guidelines are not
followed.

Significant errors
that do not impede
professional
presentation.

Few errors that do
not impede
professional
presentation.

Writing and format
are clear,
professional, APA
compliant, and error-
free.

  • Overview:
  • Instructions:
  • Requirements:
  • Evaluation Rubric for Unit 2 Assignment

Criminal homework help

Can We Do Without Juvenile Justice?
Jeffrey A. Butts

This report is reproduced with the permission of the
American Bar Association’s Criminal Justice Section.
Copyright © 2000 American Bar Association. All rights
reserved. This information or any portion thereof may not
be copied or disseminated in any form or by any means or
downloaded or stored in any electronic database or retrieval
system without the express written consent of the American Bar Association.

The nonpartisan Urban Institute publishes studies, reports, and books on timely topics worthy of public
consideration. The views expressed are those of the authors and should not be attributed to the Urban
Institute, its trustees, or its funders.

To satisfy constituent demands for stronger crime policies, elected officials throughout the U.S. are gradually
dismantling the juvenile justice system and replacing it with a pseudocriminal system, one that emphasizes
mandatory sentences and formal, adversarial procedures. Large portions of the juvenile court’s original
caseload have already been re-assigned to the criminal court. Is the separate, juvenile justice system still
feasible? If not, what can replace it? Policymakers need to confront these questions, and they need innovative
answers. New policies should aim for more than simply abolishing the juvenile court’s delinquency jurisdiction
and sending all young offenders to conventional criminal courts.

A compelling argument can be made for abolishing the juvenile justice system, or more specifically,
abolishing delinquency, the idea that young offenders aren’t fully responsible for their behavior and should be
handled in a separate court system. Abolishing delinquency is not the same thing as abolishing the entire
juvenile court. Even if lawmakers ended the juvenile court’s jurisdiction over criminal law violations, the
juvenile court could continue to handle other types of cases (e.g., abused and neglected children, truants,
curfew violations). In fact, youthful offenders could continue to be handled by the same judges in the same
courtrooms that handle them now, but the courts would operate as youth divisions of a criminal court using
criminal procedures under the criminal code.

Neither would abolishing delinquency require that all young offenders be sent to adult correctional programs
or adult probation agencies. Many states already operate separate correctional facilities for young adults. The
decision to handle all young offenders in the criminal court would not prevent correctional specialization.
States would still be free to separate offenders by age when incarcerating or otherwise supervising convicted
offenders, and the federal government would still be free to require such separation as a condition of financial
support for state corrections agencies.

Debate over abolition of the juvenile justice system refers only to the court’s responsibility for delinquency
cases. Policymakers must decide what type of court should have legal jurisdiction over young people who
violate the law. The debate centers on whether to continue defining law violations by young people as
delinquent acts, or to classify them simply as crimes and refer them to criminal court.

Are juvenile courts still different?

Juvenile courts today bear only a passing similarity to the original concept of juvenile justice formulated a
century ago. State lawmakers built the first juvenile courts around an informal, quasi-civil process. Juvenile
court judges had broad discretion with which they could intervene quickly and decisively, even in cases
involving hard-to-prove charges. Juvenile offenders received minimal procedural protections in juvenile court,
but in return they were promised a court that would focus on their best interests. The mission of the juvenile
court was to help young law violators get back on the right track, not simply to punish their illegal behavior.

Long before the first juvenile court reached its 100th birthday in 1999, this original notion of juvenile justice
had been largely abandoned by state courts. According to Professor Barry Feld of the University of Minnesota,
America’s juvenile courts became “scaled-down, second-class criminal courts.” In his view and that of other
abolitionists, the court’s responsibility for young offenders should be ended. The juvenile court no longer lives
up to its part of the initial bargain. Prosecutors in juvenile court openly promote dispositions that amount to
proportional retribution. Judicial decisions are based explicitly on the severity of each juvenile’s crime rather
than the complexity of his or her problems.

Document date: May 01, 2000
Released online: May 01, 2000

The juvenile justice system has strayed too far from its original mission, according to Feld. Policymakers
should cancel the nation’s juvenile justice experiment. Today’s juvenile court retains much of the terminology
of juvenile law, but it functions as a pseudocriminal court. Worse, it fails to provide complete due process
protections for accused youth. Juvenile courts are still not required to provide bail, jury trials, or the right to a
speedy trial for youthful offenders.

Feld recommends that all law violations be handled in criminal court, although he hopes the system will
continue to recognize the lessened culpability of the very young by imposing sentences with a “youth
discount”-a 17-year-old defendant would get 75 percent of the sentence length due an 18-year-old, a
16-year-old would get 50 percent, etc. Even if Feld’s “youth discount” is ultimately rejected by policymakers,
the insights and observations on which he bases his proposal cannot be ignored. Lawmakers will soon have to
confront the basic question, “Can we do without the juvenile justice system?”

Juvenile justice politics

The juvenile justice system provokes strong opinions, and not all of them fit into neat categories like “liberal”
or “conservative.” It would be wrong to assume that all critics of the juvenile court are heartless,
law-and-order types who feel little compassion for the poor, disproportionately minority youth who comprise
the bulk of the juvenile court’s clients. The critics most in favor of abolishing the juvenile justice system
(Professor Feld, for example) are often motivated by a concern for youth. In their view, the juvenile court has
never lived up to its rehabilitative promise and it never will. More importantly, the juvenile court’s lower
standards of due process are no longer tolerable given its modern emphasis on just deserts and retribution.
Courts were meant to handle law violations, the abolitionists say, not social welfare problems.

It would also be wrong to characterize all defenders of the juvenile court as “soft on crime” or unconcerned
with victim rights. Some of those who defend the juvenile justice system do so because they believe despite
its flaws, the juvenile court offers a unique opportunity for broad, early intervention and effective crime
prevention. In fact, the juvenile court was originally conceived as an informal, quasi-civil court precisely in
order to free it of the procedural complexities that prevent the criminal court from acting too aggressively.
The juvenile court was deliberately designed to be flexible and quick to intervene.

Both extremes in the battle over juvenile justice can go too far in pursuing their agenda. The traditionalists
support a strict demarcation between juvenile and adult court and would like to save the original concept of
an informal, nonstigmatizing, juvenile justice system. This position is completely unrealistic, however, given
the legislative changes already implemented across the country. Contemporary juvenile courts operate much
like criminal courts with strict rules of evidence, adversarial procedures, and official goals that include
incapacitation and retribution. Moreover, nearly every state has enacted laws to send greater numbers of
youth to adult court. It is too late to save the traditional system because the traditional system is already gone.

Abolitionists, however, can be just as impractical. Many would simply eliminate the juvenile court’s
responsibility for young offenders. If juveniles are going to be punished according to the severity of their
crimes, the abolitionists argue, they should be tried in real courts with full due process rights. The abolitionists
contend it is no longer possible to maintain the fiction that juvenile courts are fundamentally different. Yet,
without significant reform of the criminal courts, the abolition of juvenile justice would require sending all
youth—even the youngest and most vulnerable—to the same general trial courts criticized by policymakers as
ineffective and overwhelmed. If the traditionalists appear naÏve, the abolitionists seem reckless.

Policymakers have tried to find middle ground in this conflict. Unfortunately, their compromise solution was to
slowly criminalize the juvenile court. Especially since the U.S. Supreme Court’s Gault decision in 1967 (387
U.S. 1), lawmakers across the country have encouraged juvenile courts to embrace the goals and operational
style of criminal courts. Juvenile courts today pursue many of the objectives once unique to criminal courts,
including incapacitation and retribution. Both juvenile courts and criminal courts rely on plea bargaining for
case outcomes. Both are forced by growing caseloads to adopt assembly-line tactics and they often have
difficulty providing individualized dispositions. The day-to-day atmosphere in modern juvenile courts
(especially in urban areas) is increasingly indistinguishable from that of criminal courts.

Although these reforms may have been enacted for good reason, they raise serious questions about the
continuing need for a separate, juvenile court system. As lawmakers continue to increase the similarity of
juvenile and criminal court sanctions, it becomes harder to rationalize the separation of the process that
imposes them. As judicial discretion is restricted, the juvenile court’s once sweeping authority becomes
diluted, making the court more bureaucratic and inflexible. Decades of reform increased the severity of the
juvenile court process, but they also curtailed the court’s ability to provide individualized and comprehensive
interventions for young offenders.

Sacrificing some to save others

Do we still need a separate, juvenile justice system? Throughout most of the juvenile court’s 100-year
history, there was little doubt that we did. Juvenile courts allowed society to intervene early in the lives of
troubled youth and they prevented a variety of horrors that occurred whenever young defendants were
thrown in with adult criminals. Defending the juvenile court was instinctive among youth advocates, social
workers, family therapists, clergy, educators, defense attorneys, judges, and even many prosecutors.

If there were no costs to be paid for maintaining a separate juvenile court, there would be no need to debate
its existence now. All conscientious and well-intentioned people would support the juvenile court without
question. In recent years, however, it has become clear that efforts to retain the separate, juvenile court
entail significant costs, for the justice system and for youth.

Juvenile justice as currently practiced imposes two significant costs on American youth. First, the juvenile
court itself no longer delivers on its promise (rehabilitation and low stigma in exchange for less due process).
Second, the continuing existence of the juvenile justice system (even if in name only) allows courts,
corrections, and other youth-serving agencies to ignore the inherent youthfulness of many offenders now
defined as adults. Thousands of 14-year-old and 15-year-old “adults” are removed to criminal courts every
year to be treated just like any other adult. They are no longer a concern to youth-serving professionals. Of
course, neither are the many more thousands of youths ages 18 and 19 who are viewed through the same
either-or prism, either juvenile or adult.

The growing use of criminal court transfer (or waiver) has been very damaging to the institutional integrity of
the juvenile court. Public safety proponents are unduly focused on increasing the use of transfer, despite
research casting doubt on its effectiveness. At the same time, youth advocates have painted themselves into
a corner. They are compelled to relinquish large portions of the juvenile court’s original caseload in exchange
for whatever remnants of the juvenile system policymakers might agree to preserve. In recent years, there
have been few voices of opposition willing to challenge state lawmakers each time they designate another
group of juveniles for transfer to adult court. Few complained when New Hampshire and Wisconsin lowered
the age of criminal court jurisdiction in 1996, effectively transferring all 17-year-olds in those states to the
adult court system.

Growing numbers of youth as young as age 13 are tried and sentenced in criminal courts that are often not
prepared to create specialized procedures and programs for developing adolescents. The juvenile justice
professionals who would be most qualified to design such programs are not interested in (or welcomed by)
the adult system. In effect, the juvenile justice system sacrifices one group of youth (legally defined as
adults) in an effort to save its programs for a second group (legal juveniles).

Undoing traditional juvenile justice

Today’s juvenile system is vulnerable to abolition because it attracts intense criticism from the public. Some
of this criticism stems from ignorance of juvenile law and its purpose, but not all of it comes from lack of
information. Many people simply no longer accept the concept of delinquency, or diminished legal
responsibility due to age. To them, a juvenile drug dealer is still a drug dealer. When a 13-year-old Oklahoma
boy fired a gun at his school striking several classmates in December 1999, the local prosecutor was asked
on national television why he was seeking to handle the case in adult court. “This type of crime,” he replied,
“requires a serious response” (NBC Today Show, December 14, 1999). He elaborated that according to
Oklahoma law, a juvenile offender cannot be held in secure confinement beyond age 19.

Equating seriousness with the length of confinement conflicts with the traditional concept of juvenile justice,
but support for traditional juvenile justice is wearing thin. Federal and state lawmakers have enacted
sweeping changes in the nation’s juvenile justice systems and the pace of change continued even when
juvenile violence began to plummet in the mid-1990s. Nearly all states have passed laws to send far more
juveniles to criminal court and some jurisdictions have introduced formal sentencing guidelines that limit the
discretion of juvenile court judges. Together, these efforts have begun to unravel the juvenile court’s reason
for being.

Transfers to criminal court

No issue in juvenile justice captures the attention of the public or of policymakers like criminal court transfer.
Many policymakers believe that serious juvenile offenders should be tried in criminal court in order to achieve
more certain and more severe punishment. Does this, in fact, happen? Does the public get more punishment
for its money when juveniles are tried as adults? Researchers who examine this question tend to find that the
use of transfer does increase the certainty and severity of legal sanctions, but only for the most serious
cases, perhaps 30 percent of transferred juveniles.

In about half of all transfers, the offenders receive sentences comparable to what they might have received in
juvenile court. Some (about one-fifth) actually receive more lenient treatment in criminal court. Some may
be convicted of lesser offenses or the charges against them may be dismissed due to the greater evidentiary
scrutiny in criminal court. The bottom line is that criminal court transfer does not ensure incarceration, and it
does not always increase sentence lengths even in cases that do result in incarceration. Yet, few policies are
as popular with the public or with elected officials.

During the 1980s and 1990s, lawmakers enacted new transfer laws on an almost annual basis. Moreover,
there was an increase in laws that moved entire classes of young offenders into criminal court without the
involvement of juvenile court judges. Judicial authority in transfer decisions was diminished while the role of
prosecutors and legislatures increased. Non-judicial mechanisms now account for the vast majority of juvenile
transfers.

For instance, many states enacted policies that made judicial waiver presumptive, shifting the burden of proof
from the prosecution to the defense. Presumptive waiver provisions typically require a defense attorney to
show proof that a youth is amenable to juvenile court handling. Otherwise, the juvenile is transferred to
criminal court. Between 1992 and 1997, according to a series of reports prepared for the Office of Juvenile
Justice and Delinquency Prevention (OJJDP) by the National Center for Juvenile Justice, eleven states passed
new presumptive waiver provisions. Fourteen states (Arizona, Arkansas, Colorado, Florida, Georgia, Louisiana,
Massachusetts, Michigan, Montana, Nebraska, Oklahoma, Vermont, Virginia, and Wyoming) and the District of
Columbia had enacted presumptive waiver laws by the end of the 1990s.

Another increasingly popular strategy for moving juveniles into the criminal courts is mandatory waiver. While

Another increasingly popular strategy for moving juveniles into the criminal courts is mandatory waiver. While
presumptive waiver allows juveniles to rebut the presumption of nonamenability, mandatory waiver provides
no such escape. If a juvenile meets the criteria for mandatory waiver, a juvenile court judge is left with no
choice but to transfer jurisdiction. Mandatory transfers became very common during the 1990s after being
quite rare as recently as the 1970s. By 1997, according to OJJDP reports, 14 states (Connecticut, Delaware,
Georgia, Illinois, Indiana, Kentucky, Louisiana, North Carolina, North Dakota, Ohio, Rhode Island, South
Carolina, Virginia, and West Virginia) had some form of mandatory waiver. South Carolina, for example,
requires juvenile court judges to transfer jurisdiction of any case involving a youth age 14 or older if the
youth has been adjudicated for two or more previous offenses and was accused of an offense punishable by a
sentence of at least 10 years. Indiana requires judges to waive any juvenile with a prior adjudication who is
charged with a felony.

Other mechanisms have contributed even more to the deterioration of the juvenile justice system. One
mechanism that became widespread during the 1980s and 1990s was statutory exclusion, known in some
states as automatic transfer. Statutory exclusion laws mandate that some young offenders are transferred
automatically to criminal court as soon as they are charged with certain offenses. Judicial consent is
unnecessary. If a youth is at least a certain age and charged with a certain offense, state law places the case
directly in criminal court. Georgia, for example, excludes all juveniles age 13 and older from juvenile court if
they are charged with one of several violent offenses such as murder, voluntary manslaughter, rape, or
armed robbery with a firearm. Arizona automatically excludes juveniles charged with any felony if the youth
was adjudicated for two or more prior felony offenses. As of 1997, 28 states had legislation to exclude at
least some juveniles from the juvenile court.

Direct file, also known as concurrent jurisdiction or prosecutor discretion, is another increasingly prominent
form of criminal court transfer. Direct file laws give prosecutors the discretion to prosecute juveniles either in
juvenile or adult court. The popularity of direct file provisions grew significantly during the 1980s and 1990s.
In 1982, just eight states had direct file statutes; by 1997, there were 15 states with these laws. Colorado,
for example, authorizes prosecutors to proceed directly to criminal court in any case involving a youth age 14
or older charged with a wide array of felony offenses.

Louisiana gives prosecutors discretion to file criminal charges against any youth age 15 and older and
charged with a second drug felony, a second aggravated burglary, or virtually any of the Violent Crime Index
offenses. The number of juveniles transferred by prosecutors has grown sharply. Florida prosecutors alone
send more than 7,000 cases to criminal courts each year.

Blended sentencing

Transferring juveniles to the adult court system is the most widely recognized method of increasing the
severity of sanctions for young offenders, but it is not the only method. During the 1990s, some states gave
judges the power to blend criminal court sentences with juvenile court dispositions. Instead of choosing
between sentencing a youth in juvenile or adult court, judges can draw upon both systems. A youth might
begin a period of confinement in a juvenile facility before being sent to an adult prison at age 18.

Blended sentencing policies were devised primarily to provide longer terms of incarceration for juveniles, but
they also helped to blur the distinction between juvenile justice and adult justice. Increasing the variety of
sentencing options may reduce the resistance of courts to handle very young offenders in the adult system
since juveniles may not be subject to immediate confinement with adults. Blended sentencing policies may
also allow judges to draw upon the traditionally richer treatment and supervision resources available in the
juvenile justice system without having to sacrifice the lengthy periods of incarceration once available only in
the criminal court system.

Blended sentencing was virtually unheard of in the juvenile justice system before the 1980s. By 1997, there
were 20 states employing one or more blended sentencing schemes (including Arkansas, California, Colorado,
Connecticut, Florida, Idaho, Iowa, Kansas, Massachusetts, Michigan, Minnesota, Missouri, Montana, New
Mexico, Oklahoma, Rhode Island, South Carolina, Texas, Virginia, and West Virginia).

Mandatory minimums and sentencing guidelines

Sentencing guidelines and mandatory minimum policies for juveniles also began to proliferate during the
1980s and 1990s. As of 1997, 17 states and the District of Columbia had enacted some type of mandatory
minimum sentencing provisions for at least some juvenile offenders. Some jurisdictions applied sentencing
guidelines to juveniles by first requiring that they be tried in criminal court, but others (e.g., Arizona, Utah
and Wyoming) enacted formal sentencing guidelines that applied to juvenile delinquency cases handled by
juvenile court judges. These laws required juvenile court dispositions to be consistent with a pre-defined
sentencing menu based upon the youth’s most recent offense and prior record.

The use of structured sentencing fundamentally contradicts the basic premise of juvenile justice by making
sentence length proportional to the severity of an offense rather than basing court outcomes on the
characteristics and life problems of offenders. As the popularity of these policies increases, it becomes very
difficult to justify the continuation of a juvenile justice system that fails to provide complete due process
protections for the youth it handles.

Reduced confidentiality

Almost all juvenile court proceedings and records were confidential as recently as the 1960s. Confidentiality
was an integral part of the traditional juvenile justice model, based upon the theory that publicly designating
a juvenile as a law violator would stigmatize a young person. This stigma would then encourage the juvenile

a juvenile as a law violator would stigmatize a young person. This stigma would then encourage the juvenile
to adopt a deviant self-image and reduce the potential for rehabilitation.

As juvenile justice policy became more contentious during the 1980s and 1990s, support for confidentiality
protections began to erode. Practical issues such as jurisdictional information sharing and greater media
interest in juvenile court proceedings began to win out over confidentiality. Most states opened their juvenile
court proceedings or records to the public and to the media. By 1997, 30 states had enacted provisions to
allow open hearings in at least some juvenile cases. Forty-two states had enacted legislation authorizing the
release and publication of the names and addresses of alleged juvenile offenders in some cases. States also
began to allow more juveniles to be fingerprinted and photographed. Nearly all states now allow juvenile
fingerprints to be included in criminal history records, and nearly all states authorize juveniles to be
photographed for later identification.

In addition, many states enacted laws that required juvenile records to remain open longer or prevented the
sealing or destruction of juvenile records altogether, typically those involving violent or serious offenses.
Florida, for example, requires records about juveniles considered habitual offenders to be retained until the
offender reaches age 26. North Carolina prevents authorities from expunging records altogether for certain,
serious offenses. By 1997, half the states had enacted laws restricting the sealing and/or expunging of
juvenile records.

Using juvenile records in criminal court

Finally, some states have even passed laws enabling juvenile court records to affect criminal court sentences.
Enhancing criminal court sentences with juvenile court adjudications abrogates the agreement that allowed
the juvenile court to exist in the first place. Adjudication in juvenile court begins to involve potentially serious
jeopardy for youth.

As of 1997, according to research by Joseph Sanborn, all 50 states and the District of Columbia had enacted
statutes or court rules allowing this practice or they had case law that sanctioned it. For example, Illinois and
Indiana allow juvenile offense histories to serve as sufficient grounds for increasing sentence length or
imposing consecutive sentences. Three states (California, Louisiana, and Texas) allow juvenile adjudications
to serve as the first and second “strikes” against an adult offender. Thus, an offender with two prior juvenile
court adjudications could face life in prison for a first appearance in criminal court.

Chronic frustration

These changes were implemented in response to public demands for tougher juvenile crime policies. Yet, the
public still views the juvenile court as a weak and inadequate response to juvenile crime. As always, the most
popular response to this perception is to send more juveniles to criminal court. Not because criminal courts
have been found to be more effective than juvenile courts, but because the adult system offers a more
potent symbol of crime control than does the juvenile court. Professor Franklin Zimring of U.C. Berkeley
points out that the impetus to enact new crime legislation is nearly always its symbolic value rather than its
operational impact. This is why one wave of reform is inevitably followed by another.

Perhaps the public’s frustration with the juvenile justice system is perpetuated by the fact that juvenile courts
are a distinct and highly visible component of the criminal justice system. Individual, criminal acts by
25-year-olds, or divorced people, or computer programmers do not often provoke calls for sweeping reforms
of the criminal law. There is no system set aside for these groups. Every shocking crime by a young person,
on the other hand, calls attention to possible problems in the court system especially designed to deal with
juveniles. The juvenile justice system acts like a magnet, attracting the public’s frustrations about the crime
problem, even if juveniles are only a small part of the problem.

Every time juvenile crime appears in the headlines, Americans wonder why the police refer to the youth
involved as a delinquent and not simply as a criminal. Why does the juvenile court have its own, unique
process and vocabulary? Why do officials avoid using words like “verdict” and “conviction” and instead
describe the juvenile court as “establishing facts” and “reaching adjudication”? If a long prison term is
warranted, why can’t it be imposed by a juvenile court? Why do prosecutors first have to transfer the case to
adult court? Juvenile court begins to sound like a synonym for weak and lenient.

Even professionals who work in the juvenile justice system can be confused by juvenile law and procedure.
This author recently participated in a workshop for administrators and judges representing every juvenile
court jurisdiction in one western state. During the workshop, an experienced juvenile court clerk observed
that juvenile court terminology seems mainly intended to obscure the court process and to keep the public
from understanding it completely. Of those attending the workshop, only half seemed to fully support the
continued use of the juvenile court’s unique terminology.

The words used in the juvenile court, of course, are intended to symbolize the unique mission and legal
philosophy of the juvenile justice system. Youths adjudicated in juvenile court are technically not guilty of
criminal offenses. Instead, they are “found to be delinquent” which authorizes the juvenile court to intervene
in their behalf, even if the court’s intervention includes locked confinement. This legal distinction supposedly
spares youth the stigma of a “guilty” verdict and preserves the chances that one day they can again be
productive citizens without the taint of a criminal conviction.

A century of juvenile court jurisprudence has established that the juvenile justice system is supposed to be
different from the criminal justice system. Increasingly, however, it is not different in the ways that once
counted the most. The juvenile court’s existence inflames political rhetoric but it fails to deliver quality justice
for all youth.

for all youth.

Beyond dichotomy: a new “youth justice” system

Youth advocates may need to re-consider their position on the juvenile court. Instead of concerning
themselves only with youth who still happen to be legal juveniles, they may want to shift their focus and work
to ensure fair and timely justice for all youth-even those processed in the criminal court system. This work
could be done from either side of the juvenile-criminal border, by making youth-oriented improvements from
within the criminal justice system, or by helping juvenile justice professionals to get involved in programs for
young adult offenders. It may be even more effective, however, if the border no longer existed.

Criminal courts are not as evil and juvenile courts are not as virtuous as some might suggest. The justice
system as a whole might benefit if lawmakers, judges, and practitioners were able to stop fighting over the
politically hobbled delinquency jurisdiction of the juvenile court. If delinquency laws were abolished and all
offenders young and old were handled in an integrated criminal court system, youth advocates could begin to
focus on ensuring the quality of the process used for all youth.

The question is how to get from here to there. How can we build a new justice system that protects the public
safety and the rights of youth while ensuring that youthful offenders get every chance they deserve to mend
their ways and rejoin society? One way to begin may be to take advantage of the growing di

Criminal homework help

CCJ 330: Criminology

Research Paper Requirements

The research paper will focus on crime typology and theoretical insight. There are a number of valuable insights offered for different trends or specific patterns in crime through a wide variety of theories developed to explain the causes, consequences, and control efforts involved. Your task is to become an expert in a specific type of crime by identifying and defining it legally, examining historic trends through validated measurement tools, unpacking theoretical insights and explanations, and offering insights for theoretical and practical consideration.

The paper will be graded on how you demonstrate comprehension of the chosen crime, connect your topic to different criminological theories, as well as how you reflect on recommendations for criminal justice professionals and the public at large. You are required to identify, explain, and apply at least two theories to your chosen topic. You are required to logically connect the theoretical underpinnings to the crime phenomenon, and provide a compare and contrast assessment of the theories. How do they stand up against each other in your context? What are the similarities and differences between these theories? Which one provides a better explanation of your chosen crime?

The paper will also involve incorporating empirical research into the validity of each chosen theory, using at least two peer reviewed research papers for each theory that test the constructs of the theories, and/or summarize existing empirical evidence of the theory.

Grading will be influenced by reflection on the practical grounding of this crime, comprehension of theories, clarity and organization, as well as spelling and grammar.

Specific details to keep in mind:

· 15-20 pages, double-spaced

· Size 12 font with 1” margins

· Professional font (e.g., Times New Roman)

· At least 4 independently identified peer-reviewed references, properly cited

Criminal homework help

Write a 1,400- to 2,100-word paper in which you assess criminal justice from a global perspective. In your paper, be sure to analyze the following:

· Assess the impact of globalization on the US criminal justice system.

· Compare and contrast international criminal justice systems (civil law, common law, and Islamic law and Socialist law traditions).

· Discuss the impact cybercrime and technology have had on worldwide justice systems.

· Differentiate the policing systems on a worldwide scale.

· Identify major crimes and criminal issues that have a global impact on justice systems and processes (e.g., Somalia, Rwanda, Bosnia, Darfur, Congo, etc.). 

Include at least four peer-reviewed references.

Format your paper according to APA guidelines.

Criminal homework help

CJUS 3540

Term Paper and Presentation assignments

The University of Memphis

Instructor: Dan Malone

1) Term Paper, 120 points

Develop a paper (minimum of 8 pages, Times New Roman, size 12 font) that describes and explains at least one major theory in criminal justice and criminology. In the paper, I would like you to identify the theory’s associated theorist(s), and then use the theory to explain a selected behavior (e.g., crime), event (e.g. victimization). There are dozens, if not hundreds of theories presented in Chapters 4-13 of your book. Chapters 4-9 include all of the major theories we will cover. Included in those discussions are how those theories explain certain criminal behaviors. Chapter 10,11, 12, and 13 explain specific criminal behaviors (murder, rape, burglary, embezzlement, etc) and also discuss theories which have attempted to explain the behavior.

It is up to you what to choose, I would recommend selecting a topic that already has a pool of existing research you can draw from.

Term Paper Requirements:

· Size 12 Times New Roman font

· Double spaced

· Minimum of 8 pages

· Minimum of 5 sources (do not use Wikipedia or news articles)

Topic Due: 3/13/2022 at 11:55pm in drop box (worth 20 points)

Paper Due: 5/1/2022 (worth 100 points)

2) Media Presentation, 120 points

Develop and deliver a presentation using Powerpoint and its recorded audio by slide function. I will have a tutorial posted on how to do this, this link https://support.microsoft.com/en-us/office/add-and-record-audio-in-powerpoint-eeac1757-5f20-4379-95f2-0d0cd151d5b8 also explains how to record audio to a powerpoint presentation. I want you to give a presentation as if you were teaching a class on your subject.

Presentation Requirements:

· Minimum 5 minutes, Maximum 7 minutes

· If using Powerpoint or other software, no more than 3 bullets per slide. I want you to talk naturally about your topic, not just read from the slides. Be as creative as you would like, using pictures, graphs, or other tools at your disposal. (No long videos)

· You may record your presentation and submit it to the dropbox, OR you may schedule a time to do the presentation with me live.

Presentation Due by 5/1/2021 (worth 120 points)

Criminal homework help

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Criminal Justice Section

Criminal Justice Magazine

Criminal Justice Magazine
Spring 2000
Vol. 15, Issue 1

WHAT OF THE FUTURE? ENVISIONING AN EFFECTIVE JUVENILE COURT

By Hon. Arthur L. Burnett, Sr.

It is not uncommon to hear that “our children are our future” and “it takes a whole village to raise
a child,” but society has a long way to go to substantively implement these concepts. As we enter
the 21st century there must be a commitment to a stronger, reinvigorated, and more innovative
juvenile court system. In the past decade, the emphasis has turned from rehabilitation and
treatment to punishment, as state legislators pass statutes that remove juveniles from the
jurisdiction of the juvenile court in order to treat many more of them as adults. In fact, the public
perception of extremely violent youth is the based on the acts of a small number of juveniles
with ready access to guns.(See Thomas F. Geraghty, Symposium on the Future of the Juvenile
Court: Justice for Children: How Do we Get There? 88 J. CRIM. L. & CRIMINOLOGY 190 n.2
(citing Donna Lyons, Juvenile Crime and Justice: State Enactments, 1995, 20 St. Legis. Rep. 17
(1995) (50-state survey), 191, 199 (discussing the Illinois statutory change) (1997).) The age of
transfer has been lowered in many jurisdictions, and a broader range of felonies can lead to
adjudication as an adult. Fully 90 percent of all states have toughened their juvenile justice laws
in recent years, and some states have no minimum age of transfer. (Thomas Grisso, Juvenile
Competency to Stand Trial, 12 CRIM. JUST. 4, 5-6 (1997). But the conduct of the violent few
should not govern the policies as to the role of juvenile courts in the 21st century. What
legislators and executive officials should do is provide the juvenile courts with greater resources
to deal effectively with children, revitalizing the courts in the context of contemporary society
and giving them the capacity to achieve the purpose for which they were originally created. With
such resources, juvenile judges and administrators must be more creative and effective in
utilizing them to achieve the maximum results desired. Policymakers, such as legislators and
executive branch officials, can no longer afford to treat the juvenile court as the stepchild in the
overall court system. Some would argue that given the importance of reaching troubled youth in
the most formative time in their lives, juvenile courts should be placed at the head of the line for
sufficient financial funding and proper staffing with committed judges, social workers,
psychologists, psychiatrists, and other personnel necessary to meet the demand. For many courts,
the problem is finding appropriate programs in which to place troubled children. This is
especially true for indigent youth. (For more on this topic, see the article Crisis in Indigent
Juvenile Defense in this issue. Also see Thomas F. Geraghty, supra, 203-04.)

Choosing the court’s mission

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As we begin the 21st century, what should be the mission of the juvenile court? Should its role
be limited only to cases involving the first-time, non-violent offender, who offers the optimum
opportunity for success, where it can devote more of its resources and energies to prevent
recidivism? Is this approach too limited? Or should the juvenile court have an expansive
jurisdiction that includes repeaters and those charged with violent offenses, giving discretion to
judges to determine, based on an adequate factual record after a due process hearing, when a
juvenile warrants waiver to adult criminal court because he or she can no longer be handled in
the juvenile court system? Instead, for the child in the margins, where the judgment call may be
difficult, why not try the “blended sentencing” approach enacted into laws in New Mexico and
Minnesota. Blended sentencing, which permits juvenile court judges to impose juvenile and adult
sentences at the same time, is designed to reduce reliance upon automatic and discretionary
transfer, allowing the “transfer” decision to be made after a child’s experience with juvenile court
interventions can be evaluated. The effect of a latent adult sentence provides a powerful
incentive for the juvenile to respond to services provided by the juvenile court and protects
society if the child does not respond in a positive manner. Blended sentencing schemes impose
substantial punishment, provide incentives for rehabilitation, and where rehabilitation works,
eliminate the economic and social costs of long-term incarceration in adult prisons. (Geraghty,
supra, at 191.) In this connection, note that in 1996 only 9 percent of the juveniles charged were
for the violent offenses of criminal homicide, forcible rape, robbery, and aggravated assault. Half
of those charged were for property offenses. Some 10 percent of the juvenile arrests were for
drug law violations, and 19 percent were for public order offenses.(OJJDP, Juvenile Offenders
and Victims: 1999 National Report, at 144.) Juvenile justice policy affecting 100 percent of the
American youth should not be predicated upon the alleged violence of 9 percent or less of those
arrested. Policy must be guided by consideration for the greatest good for the greatest number of
youth while remembering that each child is important as an individual. It is essential that the first
time a youngster is brought before the juvenile court, the maximum resources necessary be made
available to change his or her attitudes and values so that child does not become a repeater in the
juvenile justice system and, ultimately, an adult criminal offender. From this perspective, it is
more important that legislators and the executive branch spend more resources on the juvenile
court to ensure its maximum efficiency and provision of services than on the adult criminal court.
If the juvenile justice system is to be saved from becoming the “farm system” for adult criminal
offenders, we must focus more of our resources and attention on early and effective intervention
during a child’s first contact with the juvenile courts. If successful, this could significantly reduce
the number of adult criminal cases in the future. We must start with the quality of the judges and
judicial officers serving in our juvenile courts. They must have not only a knowledge of the law
applicable to juvenile delinquency cases, but they must recognize one of the fundamental truths
upon which the juvenile court is based: Children, by virtue of their age and inexperience, require
special protections under the law. They must fully understand and appreciate the stages of child
development, the educational needs of children at various stages in their development, and child
behavioral issues. (See Elizabeth S. Scott and Thomas Grisso, Symposium on The Future of the
Juvenile Court: the Evolution of Adolescence: A Developmental Perspective on Juvenile Justice
Reform, 88 J. CRIM. L. & CRIMINOLOGY 137 (1997).) To that purpose, the juvenile court
judge and judicial officer must be sufficiently immersed and gain a depth of understanding that
equals the substantive knowledge expected of social workers and psychologists who deal with
children and their behaviors. They should receive specialized training, which is comprehensive
and multidisciplinary. They must also become culturally sensitive so as to appropriately evaluate
each child who comes before the juvenile court on the basis of his or her own character and

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individual value system, without being influenced by stereotypes and assumptions based on race,
national origin, and poverty circumstances. This also applies to social workers, psychiatrists,
psychologists, probation officers, and others in order to make accurate risk assessments in
evaluating each individual child. This is necessary so that the recommendations they make to the
judge or judicial officer will reflect the true inner core of that child. Such recommendations then
provide the basis for an intelligent decision as to what services will assist that child to become a
positive functional youngster who will not offend again. Judges and their staff, with community
support, should design and implement effective alternatives to detention that will achieve this
objective while keeping the youngster in the community. When a youngster fails to conform to
conditions of probation or release in the community, there should be meaningful, graduated
sanctions appropriate to the conduct. Detention should be the ultimate sanction when necessary
to protect the safety of others and the community. Judges and judicial officers should have a
sufficient commitment and dedication to serve in the juvenile court for at least two years to
acquire the needed knowledge and expertise. In this manner, the juvenile court can become a
highly functioning special court for children-the Children’s Court-which can accomplish its
mission, provided legislators give it the highest priority along with adequate financial and human
resources.

Intake screening process

A progressive juvenile court must have an effective intake screening process to evaluate the risk
and behavior factors of each child brought before the court. For instance, when the youngster is a
first offender for a property offense, a minor assault, or a minor drug offense, an adult from a
faith-based organization might come forward to serve as a mentor to that child and as a helper to
the parent. The trial on the juvenile petition or complaint could be stayed or deferred for a period
of four to six months to determine if the child will improve under the watchful eye of a
concerned mentor operating much like a favorite uncle or aunt. If at the end of the deferred
prosecution period the child is well adjusted in school and has made positive adjustments in the
community, the prosecutor could then drop the charge without jeopardizing the safety of the
community or worrying about whether the child felt he or she had merely received a “slap on the
wrist” with no appreciable consequences. Indeed, during this period, 25 or more hours of
community service could be required of the youngster-a giving back to the community. In this
manner, these mentors could become like Thomas Calhoun Walker of Virginia who served as the
“children’s lawyer” for African American youth in Virginia in the first half of the last century.
According to juvenile justice scholar Professor Robert E. Shepherd of the University of
Richmond’s T.C. Williams School of Law, Walker persuaded local judges to bond boys who had
been jailed into his custody. He would then place them among families of his acquaintance or
take them home to his wife. Many of these youths were adopted by these families and went on to
college or into a trade without further difficulties. (Juvenile Justice 14(2) CRIM. JUST.,
(Summer 1999) at 45.) The utilization of church-based or faith-based mentors who are truly
committed and dedicated could greatly increase the number of juveniles who correct their ways
and become responsible and productive adult citizens in our communities. The only requirement,
in order to maintain the church/state separation, is that the court make clear that religious
instruction or church attendance must not be required of the child in order to participate in such a
program.

Teen courts

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Another alternative available to the juvenile court is the use of “teen courts,” also known as
“youth courts.” In the past decade they have become a popular intervention for young and first-
time offenders. The number of teen courts nationwide grew from an estimated 50 programs in
1991 to 400-500 programs in 1998. (OJJDP Fact Sheet, Oct. 1999, No. 118.) According to the
Office of Juvenile Justice and Delinquency Prevention, survey findings indicated that teen courts
nationwide handled approximately 65,000 cases in 1998. Most teen courts do not determine the
guilt or innocence of juveniles, rather they serve as diversion alternatives. Although individuals
must admit to the charges against them in order to qualify for teen court, no formal adjudication
is made nor judgment entered. The types of offenses include theft, misdemeanor assault,
disorderly conduct, and possession of alcohol. The most popular teen court model involves the
use of an adult judge with juvenile “lawyers.” These courts utilize youths in various roles,
including prosecutors, defense counsel, and as members of juries that determine factual guilt or
as advisory juries to fashion appropriate dispositions. Community service is the most common
disposition used in teen court cases. Other dispositions include victim apology letters, apology
essays, teen court jury duty, drug/alcohol classes, and monetary restitution. The proponents of
such teen or youth courts hope to achieve reduced recidivism, increased pro-social attitudes, and
improved perceptions of justice. (See the article “The Time Dollar Youth Court” on page 40.)

In November 1999, the District of Columbia Coalition Against Drugs and Violence voted to
support the expansion of the youth court program and to use its influence and outreach efforts to
involve more community collaborators in providing the services these youngsters need to ensure
that they make a positive social adjustment and do not commit further juvenile offenses. In this
way we can expand the availability of services to each individual youngster in a manner
expressly designed to treat the problems and behaviors of that individual.

Many youngsters referred to the juvenile justice system are alcohol or drug dependent, or on
their way to becoming such. More services need to be provided to the juvenile justice system for
addressing these problems in an effective and meaningful fashion. In the Superior Court of the
District of Columbia in 1999 a juvenile drug court was established as a 12-month substance
abuse treatment program aimed at promoting abstinence and healthy living choices for juveniles
and their families. This program is comprehensive in scope and is directed at the nonviolent
substance abusing juvenile population. Treatment is designed using a strengths-based model that
focuses on the individual’s and the family’s most positive characteristics. The program is
intensive and includes structured supervision, regular court appearances, mandatory drug/alcohol
testing, ongoing assessment, group and individual counseling, drug education, family counseling,
education and support, recreational therapy, and a myriad of wraparound services designed to
support healthy and responsible living. In developing these strengths, the juvenile and his or her
family will be empowered to develop a drug-free lifestyle and accomplish goals for responsible
living. Upon successful completion of the program, the judge has the authority and power to
dismiss the charges that brought the juvenile before the court.

When cases go to trial

When pretrial diversion programs or other approaches do not result in the dismissal of the
juvenile delinquency charges, the case must be tried. At this stage it is essential that the juvenile
be represented by defense counsel as knowledgeable and competent as any lawyer who would
represent a criminal accused in adult criminal court. Young lawyers right out of law school
should not merely view juvenile court as a training ground to prepare them to represent adults in

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criminal court. Rather, they should view the role of defense counsel in juvenile court as being
even more demanding than adult court because there are serious questions as to a child’s ability
and capacity to understand the proceedings and to assist counsel. (See Thomas Grisso, Juvenile
Competency to Stand Trial, Questions in an Era of Punitive Reform, 12(3) CRIM. JUST., (Fall
1997) at 4-11.)

Counsel must also fully appreciate the implications of In re Gault, 387 U.S. 1 (1967) and its
progeny and be fully competent to protect the constitutional due process rights of the juvenile in
the trial process. (See Robert E. Shepard, Jr., The Juvenile Court at 100: Birthday Cake or
Funeral Pyre, 14(2) CRIM. JUST., (Winter 1999) at 50; In re Winship, 397 U.S. 385 (1970).)
Further, counsel in juvenile delinquency cases may make a far greater contribution by assisting
in designing a disposition plan that may change a child’s life, rerouting a juvenile’s path from
repeat offender to a productive and useful citizen, making significant contributions to the
community in which he or she will live as an adult. Effective, committed, and knowledgeable
lawyers for juveniles should come forward to advocate for each child at every stage of the
proceeding.

It is also important that a substantial number of minority lawyers come forward to handle
juvenile delinquency cases. (In August, the author urged by letter that the president of the
National Bar Association, Harold D. Pope, use the prestige of that office to encourage young
African American lawyers to participate in training programs to be offered by the American Bar
Association’s Juvenile Defender Center. The lawyers would spend two to three years
representing clients in the juvenile court system.) With the disproportionate minority
confinement statistics that now exist in this country, minority lawyers must accept the challenge
of educating judges, psychologists, social workers, and others in the juvenile justice system on
how better to assess and evaluate all minority youths-their inner values, mores, cultural and
family traditions-so as to design effective rehabilitation programs in connection with proposed
dispositions, which lead to probation and a change of attitudes and values that result in a child
becoming a responsible, productive, and law abiding individual.

Effective representation requires counsel to meet the juvenile client immediately in order to
understand what brings the child to court. Counsel should then gather critical information from
the family, schools, and social service agencies and conduct at least a preliminary inquiry into
the nature of the charges. This will enable the lawyer to present the client in the best light. If
pretrial release is not obtained on the initial presentment, counsel should endeavor to obtain a
review proceeding as to release, gather additional information, and make the best case possible
for the release of the client to the community. Obtaining a strong potential mentor, setting up a
program of regular school attendance that will be monitored, and an after-school program to
ensure that the child is engaged in positive activities should be ingredients of any release plan. If
there is indication of drug use, drug testing and counseling should enable counsel to obtain the
release of the juvenile, unless the offense is an exceptionally violent one or the youth has a
serious history of prior offenses. In this way, counsel can assist in reducing the disproportionate
confinement of minority youth held in pretrial detention. Such an approach by defense counsel at
the very beginning of the case is absolutely necessary to ensure that juveniles are not held in
secure detention when they pose no significant danger to themselves or others. Once the juvenile
has been released from pretrial detention, or if the child continues to be held, counsel should be
just as diligent in the investigation of the case and preparation for trial as if it were an adult

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criminal trial.

Effective probation

If the charges against the juvenile are sustained, the juvenile will need continued representation
to ensure that the disposition-sentencing-order is fair and appropriate. Putting a youngster on
probation must be more than imposing conditions that tell the youngster “to go and sin no more.”
There must be more than the hortatory “thou shall not” with reference to engaging in future
delinquent or criminal conduct. Effective probation programs for a youth must provide for giving
the offender the required literacy skills and education necessary to function in society in the 21st
century. Probation conditions should be established to achieve giving the probationer the basic
life skills and the job training to be employable and self-sustaining once the probation period is
successfully completed. Juvenile court judges should seek to tap all available community
resources as options for meaningful probation conditions that will change values and really
rehabilitate. Indeed, the juvenile court may seek to establish a collaborative working relationship
with community groups that work with youths to give them positive direction and to provide the
youth probationer with the wherewithal to change his or her life. Such an example is Project
Soar, which ran from fall 1995 to summer 1997. Offenders in that program ran a pizza delivery
restaurant, participated in after-school tutoring, and learned computer-base skills. This program
was designed to create a special place for young offenders who were committed to leaving
criminal behavior behind and working hard to improve their academic skills, gain employment
experience, and enhance their own ability to make good decisions. In the spring of 1997 this
program was expanded into a model comprehensive youth development program and renamed
“See Forever,” an innovative program integrating academics, the world of work, and life skills.
“See Forever” opened its doors in September 1997 as a tuition-free, alternative school and real-
world employment training program. In May 1998 the founders created an affiliate, a second
student-based business, the “See Forever Student Tech Shop,” at which students use their
technical skills to produce technology/graphics design products and to teach parents and siblings
computer skills. In the summer of 1998 the founders of these entities separately incorporated the
school to establish it as a public charter school and named it “The Maya Angelou Public Charter
School” as a sole member nonprofit subsidiary of “See Forever.” The school held its first
graduation in July 1999 and all three of its graduates entered college this past fall. During the
past summer two of its graduates taught a six-week computer course to seven students
participating in the Superior Court Juvenile Drug Court/Probation program in Washington, D.C.
In September 1999, the school started with 52 students and opened its fourth “See Forever”
residence. Thirteen students now live in small “homes” around the school, each staffed by a “See
Forever” adult; it is also planning to open another girls’ residence in the near future. Such a
resource for referral of offenders placed on probation by juvenile court judges of the Superior
Court of the District of Columbia could serve as a model for changing lives and achieving the
optimum success with juvenile probationers.

Another example of an exciting resource for offenders in the Washington, D.C., court system is
the ARCH program-Action to Rehabilitate Community Housing. Its YouthBuild Program was
recently funded by a $650,000 grant from the U.S. Department of Housing and Urban
Development. This program will provide vocational training and education to 40 District of
Columbia youths, aged 16 to 24, who are under the control of the superior court. This pilot
program will combine academic instruction, vocational training in construction, leadership

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development, community service, life and employability skills training, social services and job
placement, and follow-up. This will be the first YouthBuild program in the country that will
serve only adjudicated youth. It is contemplated that the average stay in the program will be nine
to 14 months and that every effort will be made to place a youth who completes the program
with an employer. This is a program with a real pragmatic promise of changing lives.

Another program with much realistic promise is the Urban Services Program, also operated by
the Superior Court of the District of Columbia. This is a year-long intensive probation
supervision program for nonviolent youthful offenders between the ages of 14 and 26. It is a
special emphasis program, the purpose of which is to interrupt and reduce criminal activities by
providing a highly structured, community-based, intensely supervised program conducted in
three phases. The first stage is a residential boot camp to build structure and discipline in a
probationer’s life. During the first 30 days, emphasis is placed on physical conditioning, ropes
course, drills, bonding, survival skills, nutrition, and therapeutic groups, focused on anger
management, conflict resolution, value clarification, and goal setting. The second stage lasts six
months during which time the emphasis is on life preparation. Probation officers are charged
with developing an individualized treatment plan that addresses the needs of the offender based
on an educational assessment, drug abuse assessment, and goals set by the offender during the
first stage. Included in this intensive community supervision are electronic monitoring, home
visits, twice weekly urine tests, referrals for employment readiness, job placements, GED
preparation or school advocacy, therapeutic recreation, and other specific referrals deemed
appropriate to assist the offender with becoming a productive law-abiding citizen. During the
final phase, which runs five months, based on positive progress, office visits are reduced and
probation officers continue to monitor the individual’s compliance with the individualized
treatment plans and probation conditions.

When, after adjudication, it becomes necessary for a juvenile court judge to decide on a
disposition of probation or detention for a child, the judge should by statute be given the
authority to fashion a probation program that is holistic in nature and that includes the entire
family. Many youths before a juvenile court come from dysfunctional families where a multitude
of legal, social, and economic issues are intertwined. Much delinquent behavior can be traced to
the family dynamics. Judges should be authorized to order family members into counseling and
treatment along with the juvenile. When the parent or guardian refuses to comply, the court by
statute should have the authority to impose sanctions, including contempt. (See, e.g., D.C. Code
§ 16-2320(c)(3) (1997).)

There must be effective monitoring of compliance with even regular conditions of probation by
the youth by the assigned probation officer or social worker. One such creative example is the
school-based probation officer program in Pennsylvania. Truancy is frequently at the foundation
of a child becoming a juvenile delinquent; by putting probation officers physically in the school
they can monitor their probationers’ school attendance and they can also meet with them, provide
them counseling, and even tutor them in meeting their educational requirements. Pennsylvania
has placed more than 150 probation officers in schools full-time. The probation officer’s primary
role is to provide the probationers who attend the school with daily intensive supervision.
Further, this school-based model allows the probation officers to maintain close contact with the
juveniles under their supervision, verify their attendance, and monitor their academic progress
and general behavior.

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When detention is needed

Not all youngsters who are adjudicated juvenile offenders are suitable candidates, however, for
probation. We recognize that there must be due consideration given to factors of accountability
and protection of individuals in the community. Indeed, in some circumstances involving
youngsters who are incorrigible or so committed to engaging in antisocial and juvenile offenses,
it may become necessary to detain them even in pretrial custody. Thus, juvenile court judges and
judicial officers must develop the keen insight and judgment to identify those individual
juveniles where detention is necessary for the protection of individuals in our communities and
to achieve their rehabilitation to the extent possible. In such situations, concerns for
accountability and punishment must also play a role in the disposition. Such detention must not
be in adult facilities, to ensure that these children are not abused and harmed nor educated in the
ways of becoming hardened criminals, but should rather be in separate juvenile detention
facilities where their behaviors can be addressed and hopefully corrected. Of the highest priority
is the development and utilization of risk assessment tools to determine who should be detained.
These tools must be carefully designed and applied as not to sweep too broadly to include in the
net for detention those youngsters who can be released into the community with suitable
monitoring and supervision so as not to be a threat to the safety of any individual in the
community.

Further, a prudent legislative policy should leave in the hands of experienced juvenile court
judges the decision as to which juveniles should be prosecuted as adults. In some exceptional
cases involving violent, habitual, and older offenders, public safety considerations may mandate
handling that child in the adult criminal justice system. Such an approach continues our
cherished tradition of permitting individualized justice based on the conduct involved in the
incident and the personal history of the individual youngster. A juvenile should be dealt with
through individualized justice considerations based on his or her own conduct and particular
needs, rather than a process solely dictated by the offense. These considerations are ill-served
when the prosecutor is given the authority to file charges directly against a juvenile at a specific
age and the offense involves multiple offenders, some of whom are adults and others juveniles,
but who may be prosecuted as adults solely because the prosecution wishes to try the case only
one time and not to expose the government’s witnesses to multiple cases in different courts. It is
also frequently the case that it is not clear at the beginning whether a juvenile was merely
present, and thus perhaps only a material witness, or whether the juvenile was an aider and
abettor in the particular incident that is the subject of the criminal charges. Further, it appears that
far more juveniles are prosecuted as adults in criminal court when a prosecutor is given the
authority to file directly against a youth, and thus the net pulls far more youths into adult criminal
court then may be in the interest of a sound criminal justice system or a sound juvenile justice
system. With the benefit of specific knowledge and information about

Criminal homework help

Week 3

Objectives

Week 3: Human Rights Violations in the United States

Introduction

When asked to think about places where human rights violations occur, the United States may not be the first place to come to mind. Given that the United States is considered to be a free society, it may be difficult to conceive that human rights violations could occur and be tolerated. Think for a moment about the history of the United States. Can you pinpoint moments in U.S. history when human rights were violated on U.S. soil? Think of a few U.S. historical events where human rights were violated. How do you think the United States was perceived by the world during those events? While you are considering human rights violations in the United States, take the time to reflect on how human rights violations might be linked to your concentration. Reflecting on this connection might help you as you develop an outline and annotated bibliography for your Capstone Project.

This week, you will consider human rights violations in the United States and how they might impact the global perception of the United States. You also will compose an outline and an annotated bibliography for your Capstone Project.

Learning Objectives

By the end of this week, you should be able to:

Explain how human rights violations might affect the global perception of the United States

Compose an outline for the Capstone Project

Compose an annotated bibliography for the Capstone Project using APA style

Resources

Access Resources

Learning Resources

Please read and view (where applicable) the following Learning Resources before you complete this week’s assignments.

Readings

Course Text: Publication Manual of the American Psychological Association

Chapter 8, “Works Credited in the Text”

Chapter 9, “Reference List”

Course Text: Universal Human Rights in Theory and Practice

Chapter 5, “A Brief History of Human Rights”

Chapter 14, “The West and Economic and Social Rights”

Article: Amnesty International USA. (2008). USA: Investigation, prosecution, remedy, accountability for human rights violations in the ‘war on terror.’ Retrieved fromhttp://www.amnesty.org/en/library/asset/AMR51/151/2008/en/5c2ed6d8-c218-11dd-96cb-158126a8c809/amr511512008en.html

Article: Amnesty International USA. (n.d.). Human rights in the United States. Retrieved from http://www.amnestyusa.org/our-work/countries/americas/usa

Article: Walden University Writing Center. (2009). APA style. Retrieved from http://writingcenter.waldenu.edu/APA.htm

Document

Writing an Annotated Bibliography Click for more options

Optional Resources

Article: Cox, L. (2008). A movement for human rights in the United States: Reasons for hope. Columbia Human Rights Law Review, 40(1), 135–147.

Article: Labelle, D. (2008). Bringing human rights home to the world of detention. Columbia Human Rights Law Review, 40(1), 79–133.

Discussion – Week 3

U.S. Human Rights Violations

The idea that human rights are a Western conception is a topic of contemporary debate. Given the democratic ideals of human rights, it seems plausible that the concept of human rights did in fact originate in the West. The United States for example, prides itself on the fundamental principle that individual rights and freedoms of all people are to be respected and protected. Thus, it might be difficult for some Americans to think of the United States as a place where human rights violations occur. Historically, the United States has experienced periods when human rights violations occurred. These violations seemed to occur mostly as a result of minority groups being excluded. For example, think of the imprisonment of Japanese Americans after the bombing of Pearl Harbor. Given the U.S. principles of equality and due process, the international community may have perceived the United States as contradicting its founding principles.

To prepare for this Discussion:

Review Chapters 5 and 14 in your course text, Universal Human Rights in Theory and Practice and consider Western (U.S) and non-Western conceptions of human rights.

Review the article “USA: Investigation, Prosecution, Remedy, Accountability for Human Rights Violations in the ‘War on Terror'” and focus on the issues of human rights and the rule of law.

Review the article “Human Rights in the United States” on the Amnesty International website. Take note of the various examples of U.S. human rights violations cited.

Select one human rights violation in the United States to use for this Discussion.

Think of one way in which the violation you selected might affect the global perception of the United States.

With these thoughts in mind:

Post a brief description of the human rights violation you selected. Then explain one way in which the human rights violation might affect the global perception of the United States. Be specific.

Criminal homework help

330 Hudson Street, NY, NY 10013

Frank Schmalleger, Ph.D.
Distinguished Professor Emeritus
The University of North Carolina at Pembroke

Criminal Justice
A Brief Introduction

Twelfth Edition

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Library of Congress Cataloging-in-Publication Data

Names: Schmalleger, Frank, author.
Title: Criminal justice : A Brief Introduction / Frank Schmalleger, Ph.D.,

Distinguished Professor Emeritus, The University of North Carolina at
Pembroke.

Description: 12th edition. | Boston : Pearson, [2018] | Includes index.
Identifiers: LCCN 2016030348 | ISBN 9780134548623 | ISBN 0134548620
Subjects: LCSH: Criminal justice, Administration of–United States. |

Crime–United States. | Law enforcement–United States.
Classification: LCC HV9950 .S34 2018 | DDC 364.973–dc23 LC record available at https://lccn.loc.gov/2016030348

ISBN10: 0-13-454862-0
ISBN 13: 978-0-13-454862-3

SVE ISBN-10: 0-13-455978-9
ISBN-13: 978-0-13-455978-0

For Ava, Malia, Michelle, and Nicole

Part 1 Crime in America
Chapter 1 What Is Criminal Justice? 1

Chapter 2 The Crime Picture 22

Chapter 3 Criminal Law 61

Part 2 Policing
Chapter 4 Policing: Purpose and

Organization 90

Chapter 5 Policing: Legal Aspects 125

Chapter 6 Policing: Issues and Challenges 170

Part 3 Adjudication
Chapter 7 The Courts 212

Chapter 8 The Courtroom Work Group and the
Criminal Trial 236

Chapter 9 Sentencing 271

Part 4 Corrections
Chapter 10 Probation, Parole, and Community

Corrections 315

Chapter 11 Prisons and Jails 344

Chapter 12 Prison Life 376

Part 5 The Juvenile Justice System
Chapter 13 Juvenile Justice 414

iii

Brief Contents

This page intentionally left blank

Preface xv
Acknowledgments xxii
About the Author xxiii

Part 1 Crime in America
Chapter 1 What Is Criminal Justice? 1

Introduction 2

A Brief History of Crime in America 3

The Theme of This Book 6

Freedom or Safety? You Decide. Clarence Thomas Says: “Freedom Means
Responsibility” 7

Criminal Justice and Basic Fairness 8

American Criminal Justice: System and Functions 10

The Consensus Model 10

CJ News Surveillance Technology Has Been Blanketing the
Nation Since 9/11 11

The Conflict Model 12

American Criminal Justice: The Process 12

Due Process and Individual Rights 13

The Role of the Courts in Defining Rights 13

The Ultimate Goal: Crime Control through Due Process 14

CJ Exhibit Sentinel Events 15

Evidence-Based Practice in Criminal Justice 15

The Start of Academic Criminal Justice 16

Multiculturalism and Diversity in Criminal Justice 16

PaYiNg For it Cost-Efficient Criminal Justice 17

CJ Careers Careers in Criminal Justice 18

Summary 20

Questions for Review 21

Chapter 2 The Crime Picture 22
Introduction 23

Crime Data and Social Policy 23

The Collection of Crime Data 24

The UCR/NIBRS Program 24

Development of the UCR Program 24

The National Incident-Based Reporting System 26

Historical Trends 27

UCR/NIBRS in Transition 30

Part I Offenses 31

Freedom or Safety? You Decide. A Dress Code for Bank Customers? 32

CJ News “Flash Robs”: A Social Media Phenomenon 37

CJ issues Race and the Criminal Justice System 39
Part II Offenses 42

Contents

v

The National Crime Victimization Survey 42

Freedom or Safety? You Decide. Can Citizens Have Too Much Privacy? 43
Comparisons of the UCR and the NCVS 45

Special Categories of Crime 46

Crime against Women 47

Crime against the Elderly 48

Hate Crime 49

Corporate and White-Collar Crime 50

Organized Crime 51

Gun Crime 52

Drug Crime 54

Cybercrime 55

Terrorism 57

CJ Exhibit 2–1 What Is Terrorist Activity? 58
Crime in International Context 59

Summary 60

Questions for Review 60

Chapter 3 Criminal Law 61
Introduction 62

The Nature and Purpose of Law 62

The Rule of Law 63

Types of Law 64

Criminal Law 64

Statutory Law 64

Civil Law 65

Administrative Law 66

Case Law 66

General Categories of Crime 66

Felonies 66

Misdemeanors 66

Infractions 67

Treason 67

Espionage 67

Freedom or Safety? You Decide. Should Violent Speech Be Free Speech? 68
Inchoate Offenses 68

General Features of Crime 69

The Criminal Act (Actus Reus) 69

A Guilty Mind (Mens Rea) 70

Concurrence 72

Other Features of Crime 72

Elements of a Specific Criminal Offense 73

The Example of Murder 74

The Corpus Delicti of a Crime 75

Types of Defenses to a Criminal Charge 76

Multiculturalism and Diversity Islamic Law 77
Alibi 78

Justifications 78

Excuses 80

Procedural Defenses 86

Summary 88

Questions for Review 89

vi Contents

Part 2 Policing
Chapter 4 Policing: Purpose and Organization 90

Introduction 91

The Police Mission 91

Enforcing the Law 91

Apprehending Offenders 92

Preventing Crime 92

Preserving the Peace 95

Providing Services 95

American Policing Today: From the Federal to the Local Level 96

Federal Agencies 96

Ethics and Professionalism The FBI Oath 99

State Agencies 99

PaYiNg For it Policing in an Economic Downturn 100

Local Agencies 101

CJ News The Use of Social Media in Policing 102

Fusion Centers 104

Private Protective Services 105

International Police Agencies 106

Police Administration 108

CJ Careers Security Professional 109

Police Organization and Structure 109

Chain of Command 110

Policing Epochs and Styles 111

Policing Epochs 111

The Watchman Style of Policing 112

Freedom or Safety? You Decide. Liberty Is a Double-Edged Sword 112

The Legalistic Style of Policing 113

The Service Style of Policing 113

Police–Community Relations 113

Freedom or Safety? You Decide. Watch Out: You’re on Camera! 114

Team Policing 115

Community Policing 115

CJ Exhibit 4–1 The President’s Task Force on 21st Century Policing 118

Evidence-Based Policing 119

The Kansas City Experiment 119

Evidence-Based Policing Today 121

Discretion and the Individual Officer 122

Summary 123

Questions for Review 124

Chapter 5 Policing: Legal Aspects 125
Introduction 126

The Abuse of Police Power 126

A Changing Legal Climate 127

Individual Rights 128

Checks and Balances 128

Due-Process Requirements 128

viiContents

Search and Seizure 129

The Exclusionary Rule 129

Judicial Philosophy and the U.S. Supreme Court 133

CJ Exhibit 5–1 Plain-View Requirements 138

CJ Careers Patrol Officer 140

Detention and Arrest 140

CJ News Supreme Court Says Police Need Warrant for GPS Tracking 142

Searches Incident to Arrest 143

CJ News Supreme Court Says Police Need Warrants Before Searching Cell
Phones 146

Emergency Searches of Persons 146

Vehicle Searches 147

Freedom or Safety? You Decide. Religion and Public Safety 149

Suspicionless Searches 151

High-Technology Searches 152

The Intelligence Function 153

Informants 153

Police Interrogation 154

The Right to a Lawyer at Interrogation 157

Suspect Rights: The Miranda Decision 157

CJ Exhibit 5–2 The Miranda Warnings 158

Gathering of Special Kinds of Nontestimonial Evidence 162

Freedom or Safety? You Decide. Policing in the Age of Social Media 163

Electronic Eavesdropping 164

CJ Exhibit 5–3 The USA PATRIOT Act of 2001 and the USA PATRIOT
Improvement and Reauthorization Act of 2005 167

Summary 169

Questions for Review 169

Chapter 6 Policing: Issues and Challenges 170
Introduction 171

Police Personality and Culture 171

Corruption and Integrity 172

CJ issues Rightful Policing 173
Money—The Root of Police Evil? 176

Building Police Integrity 177

Ethics and Professionalism The Law Enforcement Oath of Honor 178
Drug Testing of Police Employees 178

The Dangers of Police Work 179

Violence in the Line of Duty 179

CJ News DNA Sampling Solves Some of the Toughest Cases 180

Risk of Disease and Infected Evidence 180

Stress and Fatigue among Police Officers 182

CJ Careers Police Officer 184

CJ issues The Use of Social Media in Policing 185

Terrorism’s Impact on Policing 186

The FBI’s Joint Terrorism Task Forces 188

Intelligence-Led Policing and Antiterrorism 188

Information Sharing and Antiterrorism 189

PaYiNg For it Cost-Efficient Policing 190

viii Contents

Police Civil Liability 190

Common Sources of Civil Suits 191

Federal Lawsuits 192

CJ News Is the Video Recording of Police Activity in a Public Place
Legal? 194

Racial Profiling and Biased Policing 195

Racial Profiling 195

Freedom or Safety? You Decide. Was the NYPD’s Monitoring of Muslim Groups a
Form of Religious Profiling? 197

Racially Biased Policing 198

Police Use of Force 199

Deadly Force 200

CJ Exhibit 6–1 Taking Policing to a Higher Standard 201

Less-Lethal Weapons 203

Professionalism and Ethics 204

Ethics and Professionalism The Law Enforcement Code of Ethics 204

Education and Training 205

Recruitment and Selection 206

Ethnic and Gender Diversity in Policing 207

Multiculturalism and Diversity Investigating Crime in a Multicultural
Setting 208

Women as Effective Police Officers 209

Summary 210

Questions for Review 211

Part 3 Adjudication
Chapter 7 The Courts 212

Introduction 213

History and Structure of the American Court System 213

The State Court System 214

The Development of State Courts 214

State Court Systems Today 215

CJ News State Budget Cuts Wreak Havoc on the Courts 216

The Federal Court System 220

U.S. District Courts 220

U.S. Courts of Appeal 221

The U.S. Supreme Court 222

PaYiNg For it Cost-Efficient Courts 224

Pretrial Activities 224

The First Appearance 224

CJ Careers Surety Agent 226

Multiculturalism and Diversity The International Criminal Court 228

CJ Exhibit 7–1 Nonjudicial Pretrial Release Decisions 230

The Grand Jury 232

The Preliminary Hearing 232

Arraignment and the Plea 233

Plea Bargaining 233

ixContents

Summary 235

Questions for Review 235

Chapter 8 The Courtroom Work Group and the
Criminal Trial 236

Introduction 237

The Courtroom Work Group: Professional Courtroom Actors 237

The Judge 239

The Prosecuting Attorney 240

CJ Careers Assistant District Attorney 241
The Defense Counsel 243

Ethics and Professionalism The American Bar Association’s Model Rules of
Professional Conduct 248

The Bailiff 248

Trial Court Administrators 248

The Court Reporter 249

The Clerk of Court 249

Expert Witnesses 249

Outsiders: Nonprofessional Courtroom Participants 250

Lay Witnesses 250

Jurors 251

The Victim 252

The Defendant 253

Spectators and the Press 253

The Criminal Trial 254

Procedure 254

PaYiNg For it Cost-Efficient Courts 255
Nature and Purpose of the Criminal Trial 255

Stages in a Criminal Trial 257

Trial Initiation 258

Jury Selection 259

Opening Statements 261

Presentation of Evidence 262

CJ Exhibit 8–1 Pretrial and Post-Trial Motions 264
Closing Arguments 266

Judge’s Charge to the Jury 266

Jury Deliberations and the Verdict 267

CJ News Social Media Pose New Threats During Criminal Trials 268
Multiculturalism and Diversity The Bilingual Courtroom 269
Summary 270

Questions for Review 270

Chapter 9 Sentencing 271
Introduction 272

The Philosophy and Goals of Criminal Sentencing 272

Retribution 273

Incapacitation 274

Deterrence 274

Rehabilitation 274

Restoration 275

x Contents

Indeterminate Sentencing 276

Explanation of Indeterminate Sentencing 276

Critiques of Indeterminate Sentencing 276

Structured Sentencing 277

CJ Exhibit 9–1 Aggravating and Mitigating Circumstances 279

Federal Sentencing Guidelines 279

The Legal Environment of Structured Sentencing 281

Three-Strikes Laws 283

Mandatory Sentencing 284

CJ Careers Medicolegal Death Investigator 285

Sentencing and Today’s Prison Crisis 286

Innovations in Sentencing 287

Questions about Alternative Sanctions 288

The Presentence Investigation 288

The Victim—Forgotten No Longer 290

Victims’ Rights 290

CJ Exhibit 9–2 Victims’ Rights in California 291

Freedom or Safety? You Decide. To What Degree Should the Personal Values of
Workers in the Criminal Justice System Influence Job Performance? 292

Victim-Impact Statements 293

Modern Sentencing Options 293

Sentencing Rationales 293

Sentencing Practices 294

Fines 294

PaYiNg For it Cost-Efficient Corrections and Sentencing 296

Death: The Ultimate Sanction 296

Habeas Corpus Review 298

Opposition to Capital Punishment 299

CJ News Death-Row Exonerations Based on DNA Expose Flaws in Legal
System 305

Justifications for Capital Punishment 306

The Courts and the Death Penalty 306

CJ News High Costs Lead to Reconsideration of Death Penalty 308

Freedom or Safety? You Decide. What Are the Limits of Genetic Privacy? 311

The Future of the Death Penalty 312

Summary 313

Questions for Review 314

Part 4 Corrections
Chapter 10 Probation, Parole, and Community

Corrections 315
Introduction 316

What Is Probation? 316

The Extent of Probation 316

Probation Conditions 317

The Federal Probation System 318

Multiculturalism and Diversity Culturally Skilled Probation Officers 319

xiContents

Freedom or Safety? You Decide. Probation Condition: Do Not Get Pregnant 319

What Is Parole? 320

The Extent of Parole 321

Parole Conditions 322

Federal Parole 322

Probation and Parole: The Pluses and Minuses 323

Advantages of Probation and Parole 323

Disadvantages of Probation and Parole 324

Freedom or Safety? You Decide. Should DNA Links to Unsolved Cases Be Used
to Deny Parole? 325

The Legal Environment 325

The Job of Probation and Parole Officers 327

Job Descriptions 327

PaYiNg For it Cost-Efficient Parole 328

The Challenges of the Job 328

CJ Careers Probation Officer 329

Intermediate Sanctions 330

Split Sentencing 331

Shock Probation and Shock Parole 331

Shock Incarceration 331

Ethics and Professionalism American Probation and Parole Association Code
of Ethics 332

Mixed Sentencing and Community Service 332

Intensive Probation Supervision 332

Home Confinement and Remote Location Monitoring 333

The Future of Probation and Parole 335

CJ News How GPS Technology Keeps Track of Sex Offenders 336

Changes in Reentry Policies 337

The Reinvention of Probation and Evidence-Based Practices 340

CJ issues Remote Reporting Probation 342

Summary 342

Questions for Review 343

Chapter 11 Prisons and Jails 344
Introduction 345

A Brief History of Prisons 345

Prisons Today 350

PaYiNg For it California’s Public Safety Realignment 351

CJ issues California’s Public Safety Realignment (PSR) Program 354

Prisoners Today 355

Overcrowding 355

CJ News California’s Governor Wants Federal Oversight of
Prisons to End 356

CJ issues The Prison Population 357

Selective Incapacitation: A Contemporary Strategy to Reduce
Prison Populations 358

Security Levels 359

CJ issues Evidence-Based Corrections 360

Prison Classification Systems 361

xii Contents

The Federal Prison System 361

The Growth of Federal Prisons 365

Recent Improvements 366

Jails 366

CJ issues The Charles Colson Task Force on Federal Corrections 367

Women and Jail 368

The Growth of Jails 368

New Generation Jails 370

Jails and the Future 370

Ethics and Professionalism American Jail Association Code of Ethics for Jail
Officers 371

Private Prisons 372

PaYiNg For it Cost-Efficient Corrections and Sentencing 373
CJ Exhibit 11–1 Arguments for and against the Privatization of Prisons 374

Summary 375

Questions for Review 375

Chapter 12 Prison Life 376
Introduction 377

Research on Prison Life: Total Institutions 377

The Male Inmate’s World 378

The Evolution of Prison Subcultures 379

The Functions of Prison Subcultures 379

CJ Exhibit 12–1 Prison Argot: The Language of Confinement 380

Prison Lifestyles and Inmate Types 381

Homosexuality and Sexual Victimization in Prison 382

The Female Inmate’s World 383

Sexual Victimization of Women Prisoners 384

Parents in Prison 385

Gender-Responsiveness 386

Institutions for Women 387

Social Structure in Women’s Prisons 387

Multiculturalism and Diversity The Bangkok Rules on the Treatment of
Female Prisoners 388

Types of Female Inmates 389

Violence in Women’s Prisons 390

The Staff World 391

Facts and Figures 391

The Professionalization of Corrections Officers 392

Security Threat Groups and Prison Riots 392

Ethics and Professionalism American Correctional Association Code
of Ethics 393

PaYiNg For it The Cost-Benefit Knowledge Bank for Criminal Justice 395

Prisoners’ Rights 397

The Legal Basis of Prisoners’ Rights 398

Freedom or Safety? You Decide. Censoring Prison Communications 399

Grievance Procedures 402

A Return to the Hands-Off Doctrine? 403

Freedom or Safety? You Decide. Should Prison Libraries Limit Access to
Potentially Inflammatory Literature? 405

xiiiContents

Issues Facing Prisons Today 407

HIV/AIDS 407

Geriatric Offenders 408

Inmates with Mental Illness and Intellectual Disabilities 409

Terrorism 410

CJ News Radical Islam, Terrorism, and U.S. Prisons 411

Summary 412

Questions for Review 413

Part 5 The Juvenile Justice System
Chapter 13 Juvenile Justice 414

Introduction 415

Juvenile Justice Throughout History 416

Earliest Times 416

The Juvenile Court Era 418

Categories of Children in the Juvenile Justice System 419

The Legal Environment 419

CJ News Schools Are Taking Bullying Seriously 422

Legislation Concerning Children and Justice 423

The Legal Rights of Juveniles 424

The Juvenile Justice Process Today 424

Adult and Juvenile Justice Compared 425

CJ Exhibit 13–1 Adult Criminal Case Processing Versus the Juvenile Justice
System 426

How the System Works 426

CJ Exhibit 13–2 Juvenile Courts Versus Adult Courts 430

CJ News The Girls Study Group 432

Trends in Juvenile Justice 434

CJ Careers Juvenile Justice Professional 435

CJ issues Evidence-Based Juvenile Justice 436

Summary 437

Questions for Review 438

Appendix A: Bill of Rights A-1
Appendix B: List of Acronyms A-3

Glossary G-1

Notes N-1

Name Index I-1

Case Index I-7

Subject Index I-11

xiv Contents

Preface

Criminal justice is a dynamic field of study. Consider these challenges for instructors and
students trying to keep pace with a field that is undergoing continual modification: the
ever-evolving nature of crime, our changing understanding of justice, police—community
relations in an age of social media, budgetary constraints, ongoing threats to our nation’s
security, newly enacted statutes, innovations in enforcement and justice-system technol-
ogy, precedent-setting U.S. Supreme Court decisions, a changing American society, and
rapidly emerging innovations in correctional practice.

As accelerated change engulfs the American criminal justice system today, it is appropri-
ate that a streamlined and up-to-date book like this should be in the hands of students. Quick
and easy access to accurate and current information has become a vital part of contempo-
rary life. Criminal Justice: A Brief Introduction provides such access through its printed
pages and interactive website with videos, point-counterpoint exercises, and numerous
other features.

The first edition of Criminal Justice: A Brief Introduction, which was published
before the Internet had become the ubiquitous tool that it is today, resulted from the real-
ization that justice students need to have current information presented in a concise and
affordable source. With each new edition, the availability of up-to-date crime- and justice-
related information has increased. Like many of its predecessors, the twelfth edition draws
upon the wealth of Internet resources that serve the needs of criminal justice students and
practitioners. It ties those important resources to central ideas in the text, expanding learn-
ing opportunities far beyond what was possible in the mere 400 pages of the first edition. In
particular, URLs printed in the book point the way to criminal justice agencies and organiza-
tions on the Internet, as well as to full-text documentation of many critical contemporary
issues.

True to its origins, the twelfth edition, which is now available in a variety of print and
electronic formats, focuses on the crime picture in America and the three traditional ele-
ments of the criminal justice system: police, courts, and corrections. Real-life stories, career
information, up-to-date examples and issues, engaging graphics, and interactive media all
contribute to this timely and user-friendly introduction to criminal justice. Key features
include:

Freedom or Safety? You Decide boxes in each chapter highlight the book’s ever-
evolving theme of individual rights versus public order, a hallmark feature of this text
since the first edition. In each chapter of the text, Freedom or Safety boxes build on
this theme by illustrating some of the personal rights issues that challenge policymakers
today. Each box includes critical-thinking questions that ask readers to ponder whether
and how the criminal justice system balances individual rights and public safety.

Paying for It boxes, which are found in many chapters, emphasize the financial realities
of today’s world—including the need of justice system components to deal with budget
shortfalls and limits on available resources.

Evidence-based practices are introduced in early chapters and are stressed through-
out the text, including in the book’s sections on policing, the courts, and corrections.

CJ News boxes in each chapter present case stories from the media to bring a true-to-
life dimension to the study of criminal justice and allow insight into the everyday work-
ings of the justice system.

CJ Issues boxes that provide the information students need to participate in a discus-
sion of critical issues facing the justice system, such as excessive use of force by the
police, the use of mass imprisonment as a tool of social engineering, and coming changes
in the juvenile justice process.

xv

xvi Preface

CJ Careers boxes outline the characteristics of a variety of criminal justice careers in
a Q&A format, to introduce today’s pragmatic students to an assortment of potential
career options and assist them in making appropriate career choices.

Multiculturalism and Diversity boxes present aspects of criminal justice that are
related to the diverse nature of American society and emphasize the need for justice-
system personnel capable of working with culturally diverse groups.

Ethics and Professionalism boxes present ethical codes that criminal justice practi-
tioners are asked to uphold, highlighting the vital role of moral and ethical standards and
behavior in their daily lives and to the high social expectations inherent in justice–re-
lated careers. Included are the ethical codes of the American Correctional Association,
the American Probation and Parole Association, the International Association of Chiefs
of Police, the American Bar Association, and the American Jail Association.

Graphics such as full-color diagrams, illustrations, timelines, and photographs rein-
force key concepts for easier understanding and make the chapter topics both under-
standable and interesting. In recognition of the visual orientation of today’s learners, we
have worked to achieve a comprehensive integration of graphic art with the concepts
and ideas of criminal justice. Consequently, the layout and design of the text are highly
visual, inviting readers to explore its pages while powerfully illustrating the critical con-
cepts that are central to the field of criminal justice.

As the author of numerous books on criminal justice, I have often been amazed at how
the end result of the justice process is sometimes barely recognizable as “justice” in any
practical sense of the word. It is my sincere hope that the technological and publishing
revolutions that have contributed to the creation and development of this book will combine
with a growing social awareness to facilitate needed changes in our system and will help
replace self-serving, system-perpetuated injustices with new standards of equity, compas-
sion, understanding, fairness, and heartfelt justice for all. If you use this book, I’d like to hear
from you. Please write to me at the e-mail address below.

Frank Schmalleger, Ph.D.
Distinguished Professor Emeritus

The University of North Carolina at Pembroke
cjtoday@mac.com

New to the Twelfth Edition
Chapter 1 What Is Criminal Justice?
• A new story about the crisis in the justice system engendered by multiple police

shootings of unarmed black men in 2014–2015 now opens the chapter.

• “Procedural fairness” has been added as a new key term.

• The discussion about white-collar and corporate crime has been updated with coverage
of Volkswagen’s emissions scandal.

• The new concept of a “sentinel event” that can uncover critical issues in the justice
system is now discussed.

Chapter 2 the Crime Picture
• The chapter opening story, which features a sheriff’s department that had to meet the

demands of ransom ware hackers, has been changed and updated.

• The table comparing the traditional UCR with the Enhanced UCR/NIBRS Reporting
System has been expanded.

• Crime statistics throughout the chapter have been updated.

• The chapter now incorporates the new UCR definition of rape, which is now
gender-neutral.

xviiPreface

• The discussion about “race and the justice system” has been completely revised.
• The discussion and coverage of identity theft has been updated.
• A new “Freedom or Safety? You Decide” box has been added. It asks the question of

whether citizens can have too much privacy.
• The violence against women section has been updated.

Chapter 3 Criminal Law
• A new story about a California physician sent to priso

Criminal homework help

100 words response 1 reference

Micheal

I learned a lot about the APA style of writing in this class this is the first time that I can remember I was asked to develop an abstract as well as an annotated bibliography. Writing a paper this long and with this much research was a bit of a challenge for me. However, I believe that moving forward in my career the tools I learned here on how to properly do research will be valuable.  

From the class discussions I found out about using Grammarly. I cannot believe that is something after seven years of taking online classes I did not know about. I will defiantly continue to use that in my daily life.  

Developing an outline also proved to be helpful for me in this class. With developing an outline, you can develop key talking points for your paper. Also, I found it easier to find sources after all my thoughts were laid out on paper.  

The University’s plagiarism policy is very clear to understand and does not leave any room to question. The act of plagiarism I believe falls under an ethical issue. Any reasonable person could see that it is unethical to submit someone else’s work or ideas as their own. Violating this policy as a student can have that person removed from student status. For a professional person in a job setting plagiarism can lead to them being fired or facing criminal charges. “The most obvious way that a plagiarism can become a legal issue is copyright infringement” (Plagiarism 2017). Plagiarism extends far outside the class and can encompass music, and a person original idea. 

Criminal homework help

Chapter 12

Elder Abuse

Victims

Case Example

Mickey Rooney Testifies

“I didn’t want to tell anybody.

I couldn’t muster the

courage and you have to

have courage. . . . I needed

help and I knew I needed it.

Even when I tried to speak

up, I was told to shut up and

be quiet”
© Jim Young/Thomson Reuters.

WHO Definition

• “Elder abuse is a single or repeated act, or

lack of appropriate action, occurring within

any relationship where there is an

expectation of trust, which causes harm or

distress to an older person. It can be of

various forms: physical,

psychological/emotional, sexual, financial,

or simply reflect intentional or unintentional

neglect.”

Scope of the Problem

• The WHO estimates that the rate of elder abuse

across Canada, the Netherlands, the United

States, Finland, and Great Britain is between 4%

and 6%

• A recently released U.S. nationally

representative sample found that 5.1% of adults

over the age of 60 reported emotional

mistreatment, 5.2% reported financial abuse,

1.6% reported physical mistreatment, and 0.6%

reported sexual mistreatment in the past year

Elder Abuse Legislation

• 1987: The federal Older Americans Act was
amended
– Provides definitions of elder abuse and direct the use of

federal funds

• 2010: The Elder Justice Act
– Reports on activities, accomplishments, and challenges

– Makes recommendations to congressional committees

– Provides states with resources to prevent elder abuse,
increase prosecution of those who mistreat the elderly, and
provide victim assistance

• All U.S. states have enacted legislation authorizing
the use of adult protective services (APS) in cases
of elder abuse

Types of Elder Abuse

• Physical abuse

• Neglect

• Sexual abuse

• Psychological abuse

• Financial abuse

Categories of Abusive Situations

• Spousal violence as elder abuse

• Abuse by adult children and relatives

• Institutionally based abuse

• Societal neglect

• Sexual assault

Spousal Violence as Elder Abuse

• 58% of perpetrators of elder sexual abuse were

intimate partners

• Older women were twice as likely as older men

to be killed by their spouses

• Many became wives and mothers in the pre-

feminist era

• Many older women have never lived alone

• Many have never learned independent skills at

managing finances, negotiating contracts (such

as leases), or interacting with lawyers

Abuse by Adult Children

• Role reversal if living with adult children, the

parent becomes the dependent

• Lack of autonomy of elderly person can make it

very difficult to end the abuse

• Type 1: Adult child is dependent on victim for

financial assistance, housing, and other

supports

• Type 2: Result of caregiver stress caused by the

demands of caring for an individual who may

suffer from dementia or other illnesses

Institutional Abuse

• Older adults who are abused while they are

residents of long-term-care facilities

• Most vulnerable elderly individuals

• 36% of nurses and nurse’s aides reported

having seen at least one incident of physical

abuse perpetrated by a staff member

• 10% of staff members admitted to having

committed physical abuse, and 40% admitted to

psychological abuse

Societal Neglect

• Neglectful practices

• Inadequate resources

• Poor public policies

Sexual Assault

• Typologies of sexual offenders against the

elderly
– Opportunistic rapists

– Pervasive anger rapists

– Sexual-type rapists
• Sexual sadistic rapists

• Sexual nonsadistic rapists

– Vindictive-type rapists

Factors Associated with Risk of

Abuse

Interventions

• Prevention programs

– Education

• Adult protection programs

– Mandatory reporting, assessment, intervention

• Domestic violence programs

– Legal advocacy, short-term emergency housing,
long-term-care planning and possible admission,

and law enforcement training

Criminal homework help

Copyright © 2017 Pearson Education, Inc. All Rights Reserved

CRJU 4169: Reports, the English Language, and Police Jargon

*

*

Copyright © 2017 Pearson Education, Inc. All Rights Reserved

Introduction

  • Report writing is one aspect of the law enforcement profession most officers look upon with disdain.
  • Report writing is an acquired skill that can be mastered in a short period of time.
  • As the first officer on the scene, your response to the incident is not finished until a complete and thorough case report has been written and submitted for filing.
  • It may be easy to arrest somebody, but when you do, you need to have a case that you can prove in court.

*

Copyright © 2017 Pearson Education, Inc. All Rights Reserved

The Case Report

  • The case report is critical in capturing every significant detail of the incident.
  • The report is an investigative tool utilized to find perpetrators and begin to bring some type of closure to a criminal incident.
  • The case report is a legal document which can be subpoenaed into court.
  • You must be able to defend every work written about the incident.
  • When preparing your case report, always be thinking about your future courtroom testimony.

*

Copyright © 2017 Pearson Education, Inc. All Rights Reserved

Importance of the Case Report

  • The case report enables others who were not at the crime scene to understand the facts that occurred at the scene.
  • If it isn’t written, it doesn’t exist.

*

Copyright © 2017 Pearson Education, Inc. All Rights Reserved

Who Might Examine Your Case Report?

  • Your initial supervisor
  • Chain of command (Command staff)
  • Follow-up investigators
  • Any officer of the court
  • Judge, district attorney, defense counsel, jurors
  • The media

*

Copyright © 2017 Pearson Education, Inc. All Rights Reserved

When Composing Your Case Report

  • Think about how you would describe all of the activities that took place.
  • What are the elements of the crime that will help prove your case in court?
  • Is it written in proper English?
  • Keep it simple.
  • Were you careful of grammar and punctuation?
  • Ask the question, “How do you know?”

*

Copyright © 2017 Pearson Education, Inc. All Rights Reserved

Agency Requirements

  • Each agency has a specific format and style, which will be contained in their case reports.
  • This class focuses on the common elements of writing a good case report.
  • These specific elements can be transferred to any style and format that your agency may require.

*

Copyright © 2017 Pearson Education, Inc. All Rights Reserved

Basic Principles of the English Language (1 of 2)

  • The case report should be written as a free-flowing type of document that reads as a story.
  • Be concise, yet thorough.
  • Avoid abstract working.
  • It is best to use the first person singular style of writing in case reports.
  • “I” instead of “this officer”
  • Use the past tense.
  • Put information in chronological order.
  • Use active voice instead of passive voice.
  • Put the “who” before the “what.”
  • Use: Sgt. Smith placed the knife into evidence.
  • Avoid: The knife was placed into evidence.

*

Copyright © 2017 Pearson Education, Inc. All Rights Reserved

Basic Principles of the English Language (2 of 2)

  • Factual Statements
  • What you observed
  • What you heard
  • What you stated
  • What you smelled
  • What you touched
  • If possible, use the names and titles of the involved individuals.
  • Use quotes sparingly.
  • Avoid run-on sentences.
  • Avoid police jargon.
  • Avoid abbreviations.
  • Avoid overcomplicated and sophisticated wording.
  • Avoid subjective wording.
  • Objective wording is essential.
  • Avoid stating conclusions.

*

Copyright © 2017 Pearson Education, Inc. All Rights Reserved

Ethical Considerations

  • Always remember that you are not the judge and the jury.
  • Your mission is not to prove a suspect’s guilt, but to gather the facts and let the judicial system determine the outcome.
  • You must report all facts of the case, not just those that point in one direction.

*

Copyright © 2017 Pearson Education, Inc. All Rights Reserved

?

*

Criminal homework help

Overview:

These instructions will guide you in uploading a personal video to YouTube and sharing the link to your video.

Instructions:

• Use your phone, tablet, or computer to record your video.

• Upload the video to YouTube.

• Be sure to set your video as “unlisted” so only those with the link can view it. Once the course is over,
you can set the video to “private” so no one can view it or delete it.

• Once your video is uploaded to YouTube, click the SHARE option, and copy the video URL.

• For a discussion post, paste the URL

where you want the video to appear in
the text and hit Enter. The video will be
replaced with an embedded video.

• For an assignment, paste the YouTube
URL into the comments box.

• Click Submit.

Post a personal YouTube Video in Blackboard

  • Overview:
  • Instructions:

Criminal homework help

Constitutional Law

M3A2 Second Amendment Paper

Topic Assignments

The following are all possible questions to answer within your assigned research paper.

Please choose one question to answer, and use both the assigned materials within the

module and one additional scholarly resource to answer the question thoroughly.

1. In what ways was the National Rifle Association involved in the 2008 U.S. Supreme Court

decision District of Columbia v. Heller and the cases to follow?

2. What was the purpose behind the founding fathers including the 2nd Amendment in the Bill of

Rights and is that purpose still necessary today?

3. In what ways does federalism play a role in the recent U.S. Supreme Court decisions of Heller

and McDonald?

4. Did the founders understand there to be an individual right to arms included in the

Constitution? Why or why not?

5. Is the 2nd Amendment a civil right that is protected under the 14th Amendment? Why or why

not?

6. In what ways did the U.S. Supreme Court in Heller overrule the Court’s opinion in U.S. v. Miller

and why is that reasoning important?

Criminal homework help

Policing America: Challenges and Best Practices

Tenth Edition

Chapter 6

Personnel Issues and Practices: Stress, Labor Relations, Higher Education, and Private Police

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1

The Silent Epidemic: Stress

Policing has been linked to high rates of depression, PTSD, substance abuse

Stress can lead to many problems on the job

Officer death by suicide outnumbers those who die in the line of duty

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Nature and Types of Stress (1 of 2)

Stress: a force that is external in nature that causes both physical and emotional strain upon the body

Eustress

Positive stress

Distress

Negative stress

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Nature and Types of Stress (2 of 2)

Traumatic stress

Results from a single stressful event

Chronic stress

The accumulation of the effects of many stressful events over time

Homeostasis

Normal state of body

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Sources of Stress

Danger inherent in policing

Organizational and administrative practices

The criminal justice system

The public

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Organizational/Administrative Practices

Police organization creates stress for individual officers

Departments follow strict rules and regulations

Rules dictate how officers perform duties and responsibilities

Female officers face additional problems

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The Criminal Justice System

Each C J S component affects the others

Judges may display hostile attitudes towards police

Prosecutors may not display respect for police

Parole/probation officers may not supervise offenders adequately

Courts are probably the greatest source of stress from C J S

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The Public

When resolving situations in the community, police make some people happy, others unhappy

Need to keep relationship with citizens in proper perspective

Open discussions of public attitudes and encounters with citizens

Managers must emphasize importance of good police-public relations

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Employee Assistance and Health and Wellness Programs

Elements of comprehensive wellness program

Physical fitness

Stress management

Psychological/mental health

Nutrition/dietary-related behaviors

Alcohol/chemical dependency

EAP should also be available to help officers cope with problems

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What Cities are Doing: Three Case Studies

Forth Worth: Alcohol Awareness

Las Vegas: Substance Abuse and Suicide Prevention

Sacramento Police: Focus on Health and Wellness

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Labor Relations

Courts have established that public employees have a property interest in their employment

Labor relations

Broad term including officers’ employment rights and the related concepts of unionization and collective bargaining

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Police Officers’ Rights (1 of 2)

Peace Officer Bill of Rights

Mandates due process rights for peace officers who are the subject of internal investigations

Key provisions include:

Written notice

Right to representation

Polygraph examination

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Police Officers’ Rights (2 of 2)

Officers today are more likely to file a grievance when they believe their rights have been violated

Preferred method for settling grievance is through informal discussion

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Unionization (1 of 2)

History of police unions

A F L charters issued to police unions after W W I

Boston police strike (Sept. 9, 1919)

Formation of police benevolent and fraternal organizations in early 1950s

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Unionization (2 of 2)

Majority of officers today belong to unions

Represent police employees at different levels (management, supervisory, non-supervisory)

Two largest unions have combined membership of over 550,000

Fraternal Order of Police

National Association of Police Organizations

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Collective Bargaining (1 of 2)

Collective bargaining: the process of negotiations between employer and employee

Three models

Binding arbitration

Meet and confer (rare)

Bargaining not required

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Collective Bargaining (2 of 2)

Negotiations generally involve union and management bargaining teams

Impasse may result if parties cannot resolve differences

Three major forms of impasse resolution

Mediation

Fact-finding

Arbitration

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The Contract

Union membership votes on contract as a whole

If approved, contract then goes to government officials for approval

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Grievances

Grievances

Complaints or expressions of dissatisfaction by an employee concerning some aspect of employment

Grievance procedure

Formal process that involves seeking of redress of complaints through progressively higher channels within organization

Spelled out in collective-bargaining agreement

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Job Actions(3 of 3)

Job actions

Employee activities expressing dissatisfaction or attempting to influence outcome of pending issue

Four types of job actions

Vote of confidence

Work slowdown

Work speedup

Work stoppage

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Fair Labor Standards Act (FLSA)

Labor law that brought major changes to American policing

Originally passed to protect private sector employees

Government employees brought under FLSA coverage by Supreme Court in 1985

Requires overtime pay for public-safety employees

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Higher Education

Policing lags behind society in terms of emphasis on educational attainment

Only a relatively small proportion of police officers have or are required to have a college degree

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Why Higher Education for Police? (1 of 3)

Numerous studies, courts, commissions have concluded higher education is essential for police officers

August Vollmer first attempted to involve college educated personnel in police work in 1917

L E E P provided tuition assistance for in-service officers and pre-service students

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Why Higher Education for Police? (2 of 3)

From 1967–1986, every national commission on crime concluded college education could help officers do their jobs better

Advocates maintain it will improve quality of policing

Court upheld mandatory educational requirement for individuals applying for police officer positions

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Why Higher Education for Police? (3 of 3)

Empirical evidence suggests college-educated officers are better officers

Fewer citizen complaints; better peer relationships; more flexible; take fewer sick days; more likely to take a leadership role

Degree programs train police to think more critically

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Private Police: Extent, Nature and Types

Pinkerton National Detective Agency (1851)

First private security contract operation in U.S.

U.S. has become highly security-minded, especially since 9/11

Main types of private security

Proprietary/in-house security services

Contract services

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Authority and Functions

Some duties similar to public police

Overall powers very different

Security officers not bound by Miranda decision

Generally have only those arrest powers granted to common citizens

Key concerns about field

Minimal education, training of recruits

Low pay creates recruitment concerns

Should private police be armed?

Copyright © 2021, 2018, 2015, 2012 Pearson Education, Inc. All Rights Reserved

Public-Private Police Relations

Public/private police relationships have improved recently

Reasons for change

Gains in certification, standards, higher education programs for private security

Greater partnerships

Improved background screening for hiring security personnel

Mandated by Private Security Officer Employment Authorization Act (2004)

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Copyright

This work is protected by United States copyright laws and is provided solely for the use of instructors in teaching their courses and assessing student learning. Dissemination or sale of any part of this work (including on the World Wide Web) will destroy the integrity of the work and is not permitted. The work and materials from it should never be made available to students except by instructors using the accompanying text in their classes. All recipients of this work are expected to abide by these restrictions and to honor the intended pedagogical purposes and the needs of other instructors who rely on these materials.

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Criminal homework help

MODULE 3: FREEDOM OF RELIGION

LISTEN TO: COMMENTARY ON MODULE 3

READ:

1) Chapter 4 in the textbook

2) The U.S. Supreme Court decision Holt v. Hobbs (2015): https://supreme.justia.com/cases/federal/us/574/352/

3) “Native American inmates win right to long hair in Texas prison” in the Houston Chronicle (3/18/2019): https://www.houstonchronicle.com/news/houston-texas/houston/article/Native-American-inmates-win-right-to-long-hair-in-13698552.php

4) “Supreme Court halts execution of Texas 7 inmate denied spiritual advisor” National Public Radio (3/29/2019):

https://www.npr.org/2019/03/29/707884682/supreme-court-halts-execution-of-texas-7-inmate-denied-buddhist-spiritual-advise

5) “Muslims Overrepresented in State Prisons, Report Finds,” National Public Radio (7/25/2019) – 3 minute audio: https://www.npr.org/2019/07/25/745226402/muslims-over-represented-in-state-prisons-report-finds

Module 3 Assignment (due 2/23, no later than 11:59 pm)

Worth a maximum of 22.5 points toward the final grade

QUESTION 1

Inmate Leonard (a/k/a Rocky) Hardnose decided to form a group of fellow inmates at the maximum-security unit where he was incarcerated. Rocky drafted a set of principles for the group. The group is called “Worshipers of the Ancient Souls.”

Through group meditation and prayer, Rocky encourages inmates to develop relationships with their personal God. He has declared himself the Grand Poompa of the faith.

Hardnose preaches that every person is inhabited with an ancient soul, and it is our duty to communicate with that soul through rigorous yoga, a vegan diet, and through “soul-calling.”

Members of the group must wear colorful headbands that signify their religious convictions – proof that their heads (and the brains inside them) are united in one consciousness.

Rocky has asked the prison warden for permission to assemble the group every Friday evening at 8:00 p.m., the group’s holiest day of the week. At the worship services prisoners attempt to go into a trance in order to “call” their ancient soul. Trances typically last for an hour or so and prisoners fall to the floor, writhe around, and shout to their souls. Very few inmates are scheduled to work on Friday evenings.

Prison officials have denied permission to the “Worshipers of the Ancient Souls” to assemble.

1) Officials maintain that because it is the end of the prisoners’ work week, the unit has fewer correctional officers on duty on Friday evenings than are needed to escort inmates to the worship meetings and to provide security at the meetings.

2) Officials will not allow the group members to wear headbands because of security reasons.

3) Officials deny worship services because the “soul-calling” trances are dangerous.

4) Officials also argue that the “Worshipers of the Ancient Souls” is not a true religion because it was the creation of Rocky Hardnose and there is no counterpart in the free world.

Rocky sues on behalf of the “Worshipers of the Ancient Souls” and argues that the inmates’ First Amendment right of freedom of religion has been infringed. Analyze the arguments both for and against the “Worshipers.”

Divide your answer into 2 clearly labeled parts. In the first part discuss the “Worshipers” case. In the second part discuss the state’s case. Be sure to mention the RLUIPA, passed by the U.S Congress in 2000, to replace the Religious Freedom Restoration Act that was declared unconstitutional by the Supreme Court in 1997. A minimum of a 1 page and ½, double-spaced, 12-font.

QUESTION 2

Rasheed is a Texas inmate who is a devout Muslim. He asked but was denied permission from prison officials to wear a 4-inch beard and a kufi (a short, round skull cap – officials allowed inmates to wear a kufi in their cells but not outside their cells). Officials argued that a 4-inch beard and a skull cap could hide contraband and weapons. It could also impact a prisoner’s appearance as they moved around a facility, making it more difficult for officers to identify prisoners quickly.

Before the court ruled on his lawsuit, the U.S. Supreme Court decided the case Holt v. Hobbs. The prison system argued that its policy was still lawful because a 4-inch beard is much longer than a ½-inch beard (which was the issue in Holt v. Hobbs) and a kufi is a separate danger.

Analyze the issues (4-inch beard and kufi) in Rasheed’s case using the Supreme Court’s decision in Holt v. Hobbs. Make sure you read the Holt case carefully and understand the RLUIPA! 1 page minimum!

Criminal homework help

It is interesting to know how the law operatesin that with present facts and circumstances, law enforcements differ from its corresponding forms of punishment. The case study discussed is of Susie a driver who hits hercriminal law professor who then was confirmed dead. Thefour different crimesthat one is likely to be affected areis capital murder, secondly, voluntary manslaughter, thirdly, involuntary manslaughter, andnegligent homicide.This could lead to a sentence or rather, the decision of the court varies depending on the evidence given. However, capital murder is not punishable by death exclusively. Comment by PlagScan: Possible source:
https://www.sweetstudy.com/files/cj2300mod4susie-docx Comment by PlagScan: Possible source:
https://www.sweetstudy.com/files/cj2300mod4susie-docx Comment by PlagScan: Possible source:
https://www.sweetstudy.com/files/cj2300mod4susie-docx Comment by PlagScan: Possible sources:
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https://www.coursehero.com/tutors-problems/Business-Law/29230191-Follow-the-assignment-guidelines-as-discussed-in-the-syllabusSusie-le/ Comment by PlagScan: Possible sources:
https://www.sweetstudy.com/files/cj2300mod4susie-docx
https://www.coursehero.com/tutors-problems/Business-Law/29230191-Follow-the-assignment-guidelines-as-discussed-in-the-syllabusSusie-le/

Capital murder can be defined as the act of killing someone without a reason or justification(Byrd et al. 2016).In this case scenario, Susie hitsthe criminal law professor and kills himhowever, shehad no reason to kill him. In most cases, the only time you can be forgiven over capital murder is during self-defense. In this case, they were not in a conflict but the professor died after he was hit by the car. The driver may be charged with capital punishment or a life sentence. Capital punishment is allowed when a criminal was involved in the killing of other people. The law states that a person shall be charged with capital murder after being found guilty of killing. The accused will be charged with the death penalty or given a less time sentence of prison time. Comment by PlagScan: Possible sources:
https://www.sweetstudy.com/files/cj2300mod4susie-docx
https://dictionary.cambridge.org/de/worterbuch/englisch/lynching
https://dictionary.cambridge.org/dictionary/english/lynching Comment by PlagScan: Possible source:
https://www.sweetstudy.com/files/cj2300mod4susie-docx Comment by PlagScan: Possible source:
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https://www.sweetstudy.com/files/cj2300mod4susie-docx Comment by PlagScan: Possible source:
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The driver could also be charged with voluntary manslaughter. Voluntary manslaughter is committed when a person kills the other person knowingly Arisaka says. This could be triggered by the misunderstandings they had or else, emotions. The court is against voluntary manslaughterand that onecan be charged with a very high penalty. The accused can be fined $20,000 or even moreand thatProbation can also happen. Else, the accused can be jailed for a minimum of three years up to eleven years. The lawis against voluntary manslaughter states that any person found to be guilty of committing voluntary manslaughter will be fined under the title or imprisoned for not more than 15 years or both. Comment by PlagScan: Possible source:
https://www.sweetstudy.com/files/cj2300mod4susie-docx Comment by PlagScan: Possible source:
https://www.sweetstudy.com/files/cj2300mod4susie-docx Comment by PlagScan: Possible source:
https://www.sweetstudy.com/files/cj2300mod4susie-docx Comment by PlagScan: Possible source:
https://www.sweetstudy.com/files/cj2300mod4susie-docx

Susiecan also be charged withInvoluntary manslaughter, whereby the law is against it.Involuntary manslaughter is the act of killing someone due to recklessness. In this case, the driver could have been driving carelessly and therefore led to the death of the criminal law professor. The driver could be imprisoned, fined, or given probation. The lowest jail imprisonment for involuntary manslaughter could be eight years imprisonment, other charges include fines, probation, or any other, dependingon the court and the country you are in(Adside, 2018).The law states that any person who is found to be guilty of committing involuntary manslaughter will be fined under the title or receive imprisonment of not more than 8 years. The person can also be charged with both fine and imprisonment. Comment by PlagScan: Possible source:
https://www.sweetstudy.com/files/cj2300mod4susie-docx Comment by PlagScan: Possible source:
https://www.sweetstudy.com/files/cj2300mod4susie-docx Comment by PlagScan: Possible source:
https://www.sweetstudy.com/files/cj2300mod4susie-docx Comment by PlagScan: Possible source:
https://www.sweetstudy.com/files/cj2300mod4susie-docx

Negligent homicide is a criminal charge against a person who unintentionally allowed the other person to die.This is mainly through criminal negligence. The act of the driver hitting and killing the law professor can be concluded to benegligent homicide.You can assume that the driver was texting and lost control to hit the professor. The charges against negligent homicide vary in different countries. I have experienced such a case in my life, where a relative was involved in reckless driving and ended up killing the victim, which was charged by the court of law as negligent homicide. According to thestatute, the average jail penaltyfornegligent homicide ranges from between six months up to ten years. The statute states that whoever is found guilty of negligent homicide will be fined under the title and will be imprisoned for not less than six months. Comment by PlagScan: Possible sources:
https://www.sweetstudy.com/files/cj2300mod4susie-docx
https://www.freeadvice.com/legal/what-is-negligent-homicide/ Comment by PlagScan: Possible source:
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In conclusion, Learning the law and understanding the basics of the law can help a person escape from committing offenses. It is saddening to see how a single crime can be turned into many accusations. It is not a wonder to see the court charge a person for all the charges, the criminal has been found guilty of after doing only a single crime. The law could have been implemented to protect us, but it is evident that in a way, it violates or manipulates the people it is protecting. Comment by PlagScan: Possible source:
https://www.sweetstudy.com/files/cj2300mod4susie-docx

Criminal homework help

Chapter 13
Homicide:

Victims, Their

Families, and

the Community

Case Example
Canadian Air Force Officer Pleads Guilty to Murder

• Brutal assault and murder

of two women

• Kept meticulous records

and videotapes of his 2-

year rampage

• Began with home break-

ins to steal girls’ and

women’s underwear for

his sexual arousal and

culminated in the murders

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Scope of the Problem

• Earliest classification system in United States is
UCR

• Program was the first system to classify
homicide in the United States

• Steadily decreased in the 1990s, began
increasing again in the 2000s
– 13,594 persons murdered in 2014 and 15,192 in

2015, representing an 11.8% increase across those 2
years (FBI, 2017)

• Murder rate considerably lower in Canada than
in United States

Number of Murders by Weapon

Used

Data from: FBI Uniform Crime Report – Crime in the United States. 1977, 1981, 1987, 1989, 2003, 2007. Washington, DC: Department of Justice.

Legal Responses to Murder

• All legal codes classify murder as a major

crime

– Where the element of intent exists and there

are no extenuating circumstances, the penalty

may be death or life imprisonment

• Penalties for homicide: Serve longer prison

terms; between 1986 and 2003 length of

stay increased 116%

Legal Responses to Murder

• Recidivism: 67% rearrested; 50%

reincarcerated

– Imperative to examine recidivism patterns to

assess to what extent predictors for recidivism

are similar to those for other violent offenders

• Civil litigation, two areas of law can be

used:

– Denial of equal protection

– Failure to act

Classification of Homicides

• Single homicide (e.g., Ennis Cosby)

• Double homicide (e.g., Half & Susanne

Zantop)

• Triple homicide (e.g., Newark students)

• Mass murder: classic and family

• Spree murder (e.g., Howard Unruh)

• Serial murder (two or more events)

Homicide Victimization Theories

• Social interactionism

– Lifestyle/routine activities theories

– Victim risk

• Cultural theories

– Social learning theories: Modeling behavior

– Violent media: Appears to increase

aggression in youth

Demographic Correlates and

Homicide Offending

• Race, ethnic origin, gender, social class,

age, and victim/offender relationship

• Shows consistent pattern of variation in

terms of gender, age, victim/offender

relationship

• Primarily a male crime

• Race combined with social class has

strong correlation to homicide

Homicide Typologies

• Organized and disorganized offenders: A

typology of crime scene dynamics

– Organized offenders: Planning of the crime,

good verbal skills, high degree of intelligence

– Disorganized offenders: Actions devoid of

normal logic, have poor self-image,

underachievers

Homicide Typologies

• Underclass homicide typology

– Hundreds of thousands of homicide offenders
who do not make headlines, commit the
crime, serve the time, etc.

• Toward a new homicide typology

– Homicide precipitated by argument et al.

– Homicide during the commission of a felony

– Domestic violence–related homicide

– Homicide charge following an accident

Issues for Covictims

• Forensic issues

– Death notification

– Funeral activities

– Police investigation

– Medical examiner’s office

– Media

Response of Covictims

– Return to work or school

– Grief

– Guilt and blame

– Stigma

– Fears and phobias

– Mental health effects

Criminal homework help

Copyright © 2017 Pearson Education, Inc. All Rights Reserved

CRJU 4169: The Art of Note -Taking

*

*

Copyright © 2017 Pearson Education, Inc. All Rights Reserved

Introduction

  • Note-taking is a skill that must be mastered by report writers working in the field of criminal justice.
  • Note-taking should never be attempted until the crime scene is rendered safe.

*

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Types of Note-taking Tablets

  • Pocket type
  • Steno pad
  • Preprinted note sheets
  • Legal pad
  • Loose-leaf notebook

*

Copyright © 2017 Pearson Education, Inc. All Rights Reserved

General Guidelines for Taking Notes

  • Start at the beginning.
  • Collect all the information necessary for an accurate report.
  • It eliminates the need to contact someone again before you forget to collect the information the first time.
  • Begin to list events/elements of the case.
  • Use your notepad for investigations only, especially if you are required by your agency to retain your case notes.

*

Copyright © 2017 Pearson Education, Inc. All Rights Reserved

Other Issues in Note-taking

  • Using a recording device
  • Using dispatch
  • Officer safety is paramount!
  • Officers should not be placing their hands into their pockets to retrieve cell phones or other items when interviewing or contacting people that are involved in possible criminal activity.

*

Copyright © 2017 Pearson Education, Inc. All Rights Reserved

The Right Way to Write

  • Abbreviations are best avoided in report writing, but they can be useful in note-taking.
  • Note-taking requires a different style of writing.
  • Documentation and recall play an important part in what style of writing is best for note-taking.
  • Good note-taking is characterized as a fast-paced endeavor which requires you to take notes quickly and efficiently.
  • Write notes legibly.
  • Make a mark in your notes when you start a new topic.
  • Document each subcategory of events as it unfolded.
  • Your writing style must be accurate and complete, while balancing your other duties.
  • The key to an effective writing technique is to find a balance between accurate, reliable note-taking, and officer safety.

*

Copyright © 2017 Pearson Education, Inc. All Rights Reserved

Tips for Note-taking

  • Leave some room in your notes.
  • If you are in doubt about something, include it in your notes.
  • Document key words and phrases expressed by a victim, witness, or suspect.
  • Mechanical pencils are handy if the weather is too cold.
  • Summarize as soon as possible after the event, while your memory is fresh.
  • Try to keep things in chronological order.
  • Crime scene note-taking is an essential element in preparing your case report.
  • Your notes are the first step in completing a professional case report.
  • It is essential to organize your actions and the facts of a case into a logical and comprehensive outline.
  • Break down the information in your field notes into logical categories of manageable size.
  • Use clear and concise words whenever possible.
  • Use good penmanship.
  • Leave personal information of yours out of your notebook.
  • Number the pages of your notebook.
  • Use some type of organizational method.
  • Your notebook is a permanent record.

*

Copyright © 2017 Pearson Education, Inc. All Rights Reserved

?

*

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NOTES

We often tend to see violence as consisting of discrete acts that are separate from
each other, as if each violent incident occurred in a vacuum. But that is not the case.
All violence is connected by a web of actions and behaviors, ideas, perceptions, and
justifications. While the individual and situational dynamics of violent behavior may vary
somewhat, they all share a number of essential characteristics that bind them together
into what we can call the unity of human aggression.

They saw their violence as being justified and provoked, not as unfounded aggression.
From this perspective, the American Indians, including the women and children, had
brought about their own destruction by their opposition to colonization.

Research tells us that individuals who are violent in one setting are more likely to be
violent in others and, in fact, the single best predictor for violent behavior is a history of
previous violence. Of course, this does not mean that an individual who engages in
violence is destined for a life of violence; it simply means that those who engage in
violence are more likely to do so in the future and across different contexts compared
to those without a violent history.

One possible cause for this ongoing problem in the military, according to various
experts, may relate to the continuing stress and impact of repeated deployment to
combat areas. The violence some soldiers experience in war zones, in other words,
may travel home with them and impact their relationships in their private lives.

This is sometimes referred to as spillover theory, which suggests that the values and
justifications for violence in socially approved settings “spill over” into other settings
and result in illegitimate forms of violence.

War—another example of legitimate violence—has also been found to increase rates of
illegitimate violence, not only by soldiers returning from the battlefield and engaging in
domestic violence but in the larger society as well.

starting point to the problem of explaining the causes of human violence can be made
with evolution and how it has impacted our propensity for violence. While much about
our origins is unknown or disputed, what we do know is that we have evolved to
inhabit a world in which violent behavior has often proved necessary for survival. Of
course, the lives of other animals that inhabit our planet are also characterized by a
great deal of violence.

Criminal homework help

Research Proposal

What is a Research Proposal?
• A research proposal is a detailed plan or ‘blueprint’ for the intended

study

• Research proposal forms the backbone for the research and is the
most important step in the process of conducting research

• Research Proposal describe planned activities and include a time line

• Research Proposal describes what you intend to accomplish and how

Elements of a Research proposal

• Identify a research problem or research topic
• Introduction
• Problem and objectives
• Literature Review
• Research Methods and Design

• Subjects for Study – population and sampling
• Research Instrument – surveys (questionnaire), interviews,

• Data Collection Methods
• Data Analysis
• References

Identify a research problem or research topic
• A problem is something to solve or framed as a question that must be

answered

• You can identify a research problem by reading recent research to find a
gap in what is currently known about it or identify community problems or
through personal experiences.

• You might look for:
• A phenomenon or research area that has not been thoroughly studied
• A situation or relationship that is not well explained
• A disturbing question that has not been resolved through research

Introduction
• Introduction is termed as the need for the study.

• It introduces the idea and sets the scene for the research

• It drives the research

• The introduction should be designed to create interest in the reader about
the topic and proposal.

• It should convey to the reader, what you want to do, what necessitates the
study and your passion for the topic (Sandelowski & Barroso, 2003).

Problem and Objective

• What exactly do you want to study?

• Does the proposed study contribute to our general understanding of
crime, criminal behavior, the criminal justice system or policy
responses to crime?

• Specify Research problem or objective

• Indicate what you intend to achieve in the Research

Literature Review
• Review what others have written about your research topic

• Literature review tells you what is already known and not known.

• Your literature search must be organized around the key concepts you wish to
study

• You can access academic journals, reports by government agencies, institutional
databases, libraries online

• Summarize each article in a paragraph, highlighting the details relevant to your
research interest.

• Literature review should include supporting data, disagreements and analytical .

Theoretical Framework

• Discuss Criminological Theories that support your research. Those
theories must be synthesized into your Research. Examples of
Criminological Theories are Social learning theory, Strain theory,
Conflict theory, etc

• If you have not taken the Criminology and Theories of Crime class,
you can google theories that support your topic.

Research Questions

• What specific questions will your research try to answer?

• It’s useful to view research questions as a more specific version of the
problem or objective described earlier

• Your specific questions should be framed so as to address the
research objective

• Your study’s research question/questions is not the same as your
survey questions

Hypothesis
• You only need to state Hypothesis if you are going to conduct a hypothesis

testing, in that case a quantitative analysis.

• A hypothesis is a specific, clear, and testable proposition or predictive
statement or possible outcome of a scientific research that must be tested

• Two types of Hypothesis –
• Null Hypothesis is the starting point of your measurement and represents

equality eg there is no difference between variable A and variable B
• Research Hypothesis represents inequality eg. there is a difference b/w

two variables or there is a relationship between rehabilitation and
recidivism

Research Methods and Design
• Subjects for Study – population and sampling

• Whom or what will you study in order to collect data?

• Identify who are available for study and how you will reach them.

• Is it appropriate to select a sample? If so, how will you do that?

• If there is any possibility that your research will have an impact on those
you study, how will you ensure that they are not harmed by the research?

• If you intend to interact with human subjects in the course of your
research, you may have to include a consent form.

Measurement

• What are the key variables in your study?

• How will you define and measure or operationalize them?

Data Collection Method

• How will you actually collect the data for your study?

• Will you observe behavior directly or conduct a survey? Surveys are used to
study attitudes, perceptions and opinions

• Will you undertake field research, or will you focus on reanalysis of data
already collected by others?

• You may include more than one research method.

Data Analysis

• Briefly describe the kind of analysis you plan to conduct.

• Are you interested in precise description of your data?

• Do you intend to explain why things are the way they are?

• What possible explanatory variables will your analysis consider?

• Will you conduct qualitative analysis or quantitative analysis?

References

• Ensure to reference and include a list of all materials you consulted
and cited in your proposal.

• Reference your materials according to APA format.

References

• Sandelowski M, Barroso J. (2003). Writing the proposal for a
qualitative research methodology project. Quality Health
Research. 13, 781–820.

Criminal homework help

PA347

Homicide #12

Man dead in trooper-involved shooting after traffic stop near Interstate 10 and Orange Grove

The man who was shot and killed by an Arizona Department of Public Safety trooper on Monday has been identified.

Anthony Parker, 48, from Hood River, Oregon, was armed with a gun when DPS attempted a traffic stop on Interstate 10, near Orange Grove Road, on Monday, the Marana Police Department said. 

Parker barricaded himself in his vehicle and DPS SWAT responded to negotiate with him.

After several hours, police said Parker presented a lethal threat and was shot.

He was taken to a hospital where he was pronounced dead shortly after arrival.

Officials did not release the name of the trooper involved in the shooting.

Marana Police and Oro Valley Police are handling the criminal investigation.

Authorities are currently on scene investigating a traffic stop incident near I-10 and Orange Grove in Tucson Monday.

A picture containing text, outdoor, light  Description automatically generated

By:
Maria Arey

Posted at 6:20 PM, Feb 07, 2022

and last updated 10:24 PM, Feb 07, 2022

TUCSON, Ariz. (KGUN) — One man is dead in a trooper-involved shooting following what began as a traffic stop near I-10 and Orange Grove in Tucson Monday.

Authorities attempted a traffic stop near Travel Center Drive and Joyner, just off Interstate 10 (near Orange Grove Road) which led to the driver threatening suicide, Arizona Department of Public Safety said. DPS SWAT team responded to the scene to assist in the situation.

Criminal homework help

Week 1: Victims and Victimology

Prior to the 1970s, most criminologists devoted their time to the study of criminals and the causes of crime. Crime victims were virtually invisible within the criminal justice system and to the general public; there was little or no focus on the victims of crime. In the 1970s, U.S. funded studies of crime in several major cities revealed that victimization was underestimated and that large numbers of crime victims were being underserved by the criminal justice system. A new branch of criminology emerged that focused on the victims of crimes. This branch is known as victimology.

This week, you begin your exploration of victimology by examining the characteristics and needs of direct and indirect victims of crime.

Learning Objectives

Students will:

Identify direct and indirect victims of crime

Analyze the effect of crime on direct and indirect victims

Analyze the difference between the needs of direct and indirect victims of crime

PLEASE READ ALL REQUIRED ASSIGNMENTS FOR THIS LESSON FROM TOP TO THE BOTTOM I HAVE HIGHLIGHTED ALL THE INFORMATION THAT NEEDS TO BE ANSWERED. MAKE SURE YOU DO THIS PAPER IN 150 TO 200 WORD COUNT WITH REFERENCE. I HAVE ALSO ADDED A SAMPLE PAPER THAT YOU CAN LOOK AT FORM YOUR GUIDE TO HELP YOU TO BUILD YOUR WORK. ALSO, I HAVE ADDED A PIECE OF READING MATERIAL THAT YOU CAN READ OVER TO HELP YOU WITH PUTTING YOUR WORK TOGETHER. PLEASE REACH OUT IF YOU HAVE ANY OTHER QUESTIONS OR CONCERNS……THANKS

Discussion: Direct and Indirect Victims of Crime

The term victim has been in use for centuries. In contemporary times, its definition has come to include people who are affected both directly and indirectly by crime, accidents, and disease. Direct and indirect victims suffer differently. After an assault, the assault victim is the direct victim, suffering from injuries and perhaps a loss of property or work. Indirect victims include family, friends, and members of the community. Family and friends may suffer due to economic or emotional hardship that is a byproduct of the crime, while the community may live in fear and may limit activity. In this Discussion, you examine how crime affects both direct and indirect victims in order to effectively address their needs.

Post a response to the following:

Briefly describe one property crime and one violent crime.

Identify the direct and indirect victim(s) of each crime.

Explain the effect of the crime on both direct and indirect victims and how their needs differ. For each crime, address the effects on two of these areas:

Medical

Emotional

Physical

Financial

Readings

Karmen, A. (2020). Crime victims: An introduction to victimology (10th ed.). Boston, MA: Cengage Learning.

Chapter 1, “What is Victimology?” (pp. 1–40)

Chapter 2, “The Rediscovery of Crime Victims” (pp. 41–79)

Criminal homework help

Chowdhury 1

Chowdhury 2

Module 2 Assignment


QUESTION
Using the Turner v. Safley (1989) four-step test to argue for the prisoners based on the violation of the Long Term Segregation Unit (LTSU) inmates’ Constitutional rights because prison officials have taken away their rights to television, newspapers, magazines, and personal photos. They have alleged this is an abuse of their Eighth Amendment rights, citing “cruel and unusual punishment.”


Test for the prisoners – Step1
. The prisoners have alleged that the regulations to remove all of their rights to magazines, newspapers, television, and photos along with segregation violate their Eighth Amendment rights and are cruel and unusual punishment. The prisoners feel that the prison administration’s regulations do not correlate with the violent and unruly crimes they have committed while in custody. Removing their liberties is not an appropriate punishment for gang membership, drug and alcohol abuse, or assaults.


Step 2
. Removing prisoner rights has taken away all access to news and world events as they do not have access to newspapers or the internet. The prisoners do not have access to the commissary to buy toiletries such as toothpaste and deodorant or basic supplies necessary for personal hygiene. Additionally, there is no set amount of time for the prisoner to have these restrictions, allowing for unequal treatment. The most argued fact of the limits is that they are left in their cells 24 hours a day with no outside access.


Step 3.
Impeding the Constitutional liberties and rights of LTSU inmates will only impact the officers’ threat to these inmates. There is no other impact to prisoners or employees that correlates with removing the prisoners’ rights.


Step 4.
The unspecified amount of time required for a Level 2 inmate to earn back their privileges is not evidence of reasonableness. Additionally, there are still restrictions once the inmate earns their way into Level 1. They do not have access to their photos which may cause undue hardship on some prisoners. They are left in their cells 24 hours without any outside access, which is “cruel and unusual” punishment.


Test for the prison administration –

Step 1
. There is a valid rationale to take away prisoner rights as they have committed behaviors that are dangerous to the remainder of the population and prison employees. Through their disregard for rules, the violence they have caused against prisoners and employees, and general unruliness, they cause a valid threat. They pose a real danger to increasing gang populations, escape attempts, increased criminal activities, including drug and alcohol use and sexual assaults. Therefore, separating them is necessary for the positive operation of penological interests.


Step 2
. The prison administration is still allowing the prisoners to have some alternative rights such as one visit a month, access to legal and religious personnel, and writing and receiving personnel correspondence. Additionally, they can earn their way out of either Level 1 or Level 2 of LTSU based on good behavior and following the rules set forth by the prison administration.


Step 3
. Limiting the rights of LTSU prisoners is protecting the rights of other prisoners, prison employees and administration through removing the threat of additional violence, disruption, and danger that the LTSU inmates pose. They are removing the threat of inmate-to-inmate violence, increases in gang populations, and the physical danger that all prisoners and employees face due to the LTSU inmates’ eradict and disruly behavior.


Step 4
. There are no other alternatives available to prison administration to ensure the safety of others. Although the LTSU prisoners are losing some of their freedoms, they can earn them back with good behavior. Therefore, the restrictions put on these prisoners are not “cruel and unusual” per their Eighth Amendment right. The Supreme Court has decided that although the prison regulations violate the prisoners’ Constitutional rights, that is allowed as the prison administration is acting in a way that is “reasonably related to legitimate penological interests.”

The Turner v. Safley (1989) four-step test applies to both the prisoners and the prison administration. It clearly defines that the prison administration has not overstepped its rights to set up rules and regulations that will encourage rehabilitation and protect the safety and liberties of other prisoners and employees within the prison. Limiting the LTSU inmates’ access to others and the amount of property available diminishes the effects these inmates can have on others in prison.


QUESTION 2
The Turner v. Safley (1989) four-step test is applied to Ms. Simpson’s charges that the county jail’s new postcard-only policy violates her First and Fourteenth Amendment rights.


For Ms. Simpson – Step 1
. They limit a United States citizen’s right to free speech by restricting her son’s amount to write. She is not a convict and therefore has all of the rights and liberties granted to citizens of the United States by the Constitution. Additionally, she has been writing to her son before this new rule without any incidents. The jail should “grandfather in” her correspondence to not violate her rights.


Step 2.
Although the postcard program is an alternative to inmates, it is not viable as it limits what can be said to the inmate. There is no privacy as anyone can read what she wrote. If they want to cut back, they should limit the inmates to mailing out postcards, not receiving them. The inmates can make phone calls, but at $9.99 for every 10 minutes, that is not a viable option for everyone. Also, the fifteen-minute offers are too short as it often takes the prisoner that long to be brought in and have the handcuffs removed. Therefore, the options available to Ms. Simpson are not suitable alternatives to her letters.


Step 3.
The new postcard system takes longer to get mail to the inmates, and they don’t often receive them in order. When Ms. Simpson writes her son, he usually doesn’t get parts before the guards take them away because he has ten in his possession. Also, the new system takes employees longer to sort them and pass them out than it previously did. The inmates are also getting more mail now than before the jail implemented the new system. They are also limiting what can be said as Ms. Simpson has no privacy in her correspondence as it is open to anyone to read.

Part of the regulations for the postcards is that they cannot have stains. They depend on the U.S. Mail system to deliver the postcards in pristine condition with no stains or alternations. We all know that is not possible based on the mail we receive every day throughout the country in our mailboxes. When they receive the damaged and stained postcards, they must return them to the sender. Lastly, they must remove the stamps from all postcards which are received. The removal process adds to the time it takes to sort the mail. Therefore, the new postcard system costs the county jail more to maintain than the previous system did.


Step 4
. The county jail can offer another solution to incoming mail. They can limit the number of pages or weight that letters can be. They could also use the postcard policy for outbound mail instead of inbound mail. Either of these options would not violate Ms. Simpson’s Constitutional rights.


For the county jail- Step 1
. The county jail implemented its new postcard policy to reduce the number of contraband items coming into the jail. The postcards reduce the time it took for officers to look through each piece of mail, read them for redactions needed and return them to the sender if necessary. The system saves the prison money on the labor required to sort through all incoming mail.


Step 2
. The county jail has offered many alternative ways for inmates to interact with friends and family. They have 15-minute visits every week, they have the option to make collect calls, and they offer correspondence with postcards. The jail is not removing all mail from the inmate. They are simply limiting what the inmates receive to postcards and only allowing each inmate to have ten at a time in their possession. There are alternative options available to inmates for correspondence.

Step 3. The new postcard system dramatically reduces the time and money spent for officers to search through the mail each day. It cuts back on the amount of incoming contraband and the codes gang members use to communicate. It also cuts back on the amount of property in each inmate’s possession, reducing the risk of them having drugs and weapons.


Step 4
. The new postcard system gives the county jail a viable option for inmate correspondence. The system still allows them to send and receive mail without violating their Constitutional rights to free speech. The inmates can send multiple postcards if needed to get their letters out.

The four-part test established in Turner v. Safley (1989) finds the county jail. Using the test, it is clear that the county jail did not violate Ms. Simpson’s Constitutional rights. The jail has given her multiple alternatives if she does not want to correspond through postcards. Therefore, the jail has not violated and freedoms or liberties of the inmates.

Criminal homework help

Evaluate an Ethical Issue in Corrections

 

Instructions

For this assignment, you will assume the role of a criminologist with expertise in corrections. You have been asked by the editors of Corrections Today to write an articl