Juvenile Justice Research Paper Essay

Juvenile Justice Research Paper Essay.

Abstract

The juvenile Justice System has gone through many changes in America and are represented through six main periods that will be discussed in this paper. The periods are called the Puritan Era (1646–1824), the Refuge Period (1824-1899), the Juvenile Court Period (1899-1960), The Juvenile Rights Period (1960-1980), the Crime Control Period (1980-2005), and The Kids are Different Period (2005-present). Juvenile Justice has constantly changed depending on the beliefs, needs and wants of society during a certain era. There are reformers who have fought and continue to do so for the best interest of juveniles and society.

They have played a major role and succeeded in many changes through the Juvenile Justice history.

Youth crime has always been present in the United States dating back to the colonial period when American cities were first established in our country. The way youth crime has been handled has drastically changed over the years. Some people may feel the changes are for the better, and some may not agree with the changes.

However, by taking a look at the history of the juvenile system clearly many reformers have fought for changes and laws to protect and rehabilitate juvenile offenders.

Literature Review

There are six main periods in the development of the United States Juvenile Justice system. The first development has early ties dating back to the 19th century. The earliest attempt to control juvenile behavior was during The Puritan Period from 1646 until 1824. The Massachusetts Stubborn Child Law was passed in 1646. The puritans during this time viewed children as evil and placed responsibility on the family to discipline and raise youths. If the parents were unsuccessful; the youth would, then be subject to the law. (Cole, Smith, DeJong page 472). During this time, children over the age of five were treated either as small adults or property. A seven-year-old child could be sentenced in criminal courts. In 1648 in Massachusetts a child who cursed his natural parents could be put to death (U.S. History). The second period is The Refuge Period from 1824 until 1899. Youth crime began to grow right alongside American cities. As a result, reformers began to develop correctional practices.

The main focus was on urban immigrant poor, seeking to have parents declared unfit if their children roamed the streets and were out of control. Of course, not all poor immigrant children were involved in criminal acts but if the parents were viewed as not disciplining or training them to follow society’s rules, the children would end up in prison. Institutions were opened, which were half prison and half school house, and they were occupied by orphans and children convicted of crimes. Many children were placed in these homes because of neglect or being homeless and stayed until they were adults. The houses were run by a strict program of work, study and discipline. Reform schools were also opened to provide discipline and education in a home like atmosphere. Even with the reform schools children could still be arrested. The process for arrests, trial, and imprisonments were the same for children and adults during this period. (Cole, Smith, DeJong page 472).

The third period is The Juvenile Court Period from 1899 until 1960. Juvenile criminality became a focus and reformers pushed for individualized care and treatment to offenders of all kinds to include adult criminals, the mentally ill, and juvenile delinquents. They pushed for the use of probation, treatment, indeterminate sentences, and parole for adults and succeeded in similar programs for juveniles. The upper-middle class reformers were called child savers, and they fought to use the power of state to save children from a life of crime. They fought for a separate juvenile court system that could address problems by using flexible procedures. An act was passed in 1899 for children under 16, which had four main parts, they are a separate court. for juveniles, fewer adversarial procedures than the adult system, separation of children from adults in the system, and programs to assist the courts in deciding what is in the best interest of the child and the state.

The philosophy came from the idea that the state would deal with a child much like a good parent would and procedures would be informal and private. Social workers and psychologists were used in the system instead of lawyers because social workers and psychologists could determine the underlying behavior problem. (Cole, Smith, DeJong page 472 – 473). According to (lawyershop) in the article The History of America’s Juvenile Justice System the Progressive Era in the United States was from 1900 until 1918 and was a time of social reform. It follows a period of discontent where American’s experienced struggles such as the women’s suffrage movement, and the fight against child labor. In 1899, the State of Illinois established the first juvenile court and within 30 years, all the states had established juvenile courts. The main difference between juvenile and adult court was that juvenile courts were civil in nature and adult courts were criminal. (Maryland.gov).

Next came the Juvenile Rights Period from 1960 until 1980. In the early 1960s lawyers and scholars began to criticize the extent of discretion given to juvenile justice officials, and the U.S. Supreme court expanded the rights of juveniles. A judge can now waive jurisdiction and pass a case to adult court. Children in a delinquency hearing were given certain procedural rights such as notice of the charges, right to counsel, right to confront and cross-examine witnesses, and protection against self- incrimination. Also, another change is the onset of status offenses, which are acts that are not illegal if committed by an adult such as skipping school or running away. (Cole, Smith, DeJong pages 473 – 475). According to (Maryland.gov):

Until the late 1960s, youth in the juvenile court system did not have constitutional legal rights. That changed with the U.S. Supreme Court’s 1967 decision in In re Gault. In that case, the Supreme Court concluded that even though juvenile courts were civil proceedings, juveniles subject to these proceedings still faced a potential loss of liberty. For that reason, the Supreme Court required that all youth offenders involved in juvenile court proceedings and facing possible confinement have the following constitutional rights:

The right to receive notice of charges
The right to obtain legal counsel
The right to confrontation and cross-examination
The privilege against self-incrimination
The right to receive a transcript of the proceedings, and

The right to have an appellate court’s review the lower court’s decision. As a result of Juvenile crime, rising in the 1970’s the Crime Control Period of 1980-2005 came to surface. The public demand to crack down on crime began in 1980. The juvenile system changed in regard to greater attention being placed on repeat offenders with policy makers calling for harsher punishment on juveniles who commit crimes and juveniles could now be held in preventative detention prior to trial if considered a risk to society. Crime control policies resulted in a lot more juveniles being tried in adult courts and seemed to go beyond the juveniles who were accused of violent crimes. (Cole, Smith, DeJong page 475). Some laws were passed that required law enforcement and the courts to automatically charge youth as adults if they were alleged to have committed violent crimes with weapons. (Maryland.gov) We are currently in the Kids Are Different Period, which began in 2005 and is still going on.

This is a new era in juvenile justice brought on by the new ruling that executions are unconstitutional for crimes committed by anyone younger than 18 years. The ruling was made because juveniles are less deserving of blame than adults due to factors such as physical and emotional development that comes from emotional development that comes from growth and maturity of the brain. Maturity occurs at age 16, but controls over impulsiveness are not fully developed until age 24 or 26.

Because of this recognition, new programs and laws are designed to treat juveniles differently than adults. Emotional and intellectual development plays a role in how children understand or fail to understand their rights. The process for judicial waiver to move juveniles to adult court is not used as much during this period. Lawyers are now normally present at stages in the process to include court hearings. Offenders rarely up in punitive environments such as training schools and the juvenile justice system is similar to the adult system but not as formal with the intention to keep juveniles in the community when possible. According to (U.S. History):

In 2012, the Supreme Court continued its trend of holding that children cannot be automatically punished the same way as adult criminals without considering their age and other factors, by further ruling that juveniles under the age of 18 who commit murder may not receive mandatory life sentences with any chance for parole. Each case must be decided on its own merits, and the sentence imposed must take into account the child’s age and other factors.

The ruling allows judges and juries to consider a juvenile’s age when they hand down sentences for some of the harshest crimes, instead of making life in prison without parole an automatic sentence. The ruling left open from the possibility that judges can sentence juveniles to life without parole in individual cases of murder, but said state and federal laws cannot automatically impose such a sentence. The court recognized that children need additional attention and protection in the consideration of the unique status of children and their potential for change.

Conclusion

The Juvenile Justice System has gone through many changed since youth crime first started in America. It continues to change as reformers fight for juvenile rights and fight to keep rehabilitation programs. At the end of the day, the Juvenile System is here to protect the offender as well as the society as a whole. Juveniles are young enough to change and the rehabilitation programs are worth it, especially when some juveniles change and become a productive member of society.

References
DeJong, C., Cole, G. F., & Smith, C. E. (2013). Chapter 15. In Criminal Justice in America. Belmont, CA: Wadsworth. History of America’s Juvenile Justice System. (n.d.). LawyerShop Site. Retrieved December 06, 2014, from http://www.lawyershop.com/practice-areas/criminal-law/juvenile-law/history History of Juvenile Justice in the United States. (n.d.). Maryland.gov Department of Juvenile Systems Retrieved December 05, 2014, from http://www.djs.state.md.us/history-us.asp U.S. History. (n.d.). State of Louisiana/Youth Services/Office of Juvenile Justice. Retrieved December 06, 2014: http://www.ojj.la.gov/index.php?page=sub&id=230

Juvenile Justice Research Paper Essay

Legalization of Marijuana outline and speech Essay

Legalization of Marijuana outline and speech Essay.

Marijuana has always been an issue in our country’s history. However, today, it has gained more attention than it has in the recent decades. People were raised and taught since their early years that this plant brings nothing but trouble to your life if you consume it, for any reason. However, marijuana isn’t as bad as we were all taught that it was. Legalizing marijuana can actually bring many benefits to many groups in today’s society. It’s actually not that bad of a plant once you get to know it a little better.

Legalizing marijuana can benefit the American government in a few different ways. One way that it could benefit the government is by selling it and taxing it. Alcohol and tobacco, though known as two drugs that can cause harm to you, still sell and bring in a lot of federal and state tax revenue, regardless of how high taxes are placed on these products.

The size of the marijuana market, though illegal, is still very huge and very profitable. If the government were to legalize marijuana, it could bring approximately up to $8.7 billion in federal and state revenue. This could help the government tremendously. This much money can be used for a lot of different things. One thing that this money can help improve is education. For example, in the state of Colorado, it is said that the state has already gained $10 million in taxes from retail stores in the first 4 months.

They said that the first $40 million that they gained in taxes from these “pot” retailers would be used in their education system and infrastructure, as well as educational campaigns about substance use. This money can be used to purchase new books, technology, equipment, etc., that could be useful to students and teachers in public schools. With a new industry and legal market going on, it could also help create more jobs. In Colorado, more than 10,000 jobs have been created since January of 2014. Many people that were unemployed have now been able to get a job in the marijuana industry, whether it be in distribution, trimming the plants, packaging, petitioning, educating, advertising, and so much more.

Marijuana can also bring many health benefits to those who are in need of its “super high powers.” One disease that it can help treat or prevent is glaucoma. Glaucoma starts when pressure in the eyeball increases, damaging an optic nerve and causes the loss of vision. So, how does marijuana help exactly? Well, according to researchers, marijuana helps reduce the pressure in eye. It has been said that it lowers the pressure in the eyes of people with normal vision and even in people who have glaucoma. Marijuana can also help control epileptic seizures. Marijuana contains a chemical that many people know as THC. THC can help control seizures that are not responsive to other treatments taken to control them. It has been tested with animals and proven to reduce seizures in epileptic rats.

There are epileptic people who actually consume marijuana and believe that it help to control their seizures, saying that it helps to regulate their relaxation. One important disease that marijuana may be able to treat is cancer. A chemical in marijuana knows as CBD is believed to stop the spread of cancer by turning of a gene that helps produce cancer cells. Some studies even show that some compounds in marijuana could even actually kill cancer cells. There are studies where people with cancer consume marijuana and believe that it reduces the size of their tumors.

Legalizing marijuana can also help reduce crime rates and spending money on crimes related to marijuana. The United States government spends a lot of money on prisoners, approximately $68 billion a year. It is said that about one-third of the prisoners are incarcerated for nonviolent drug related crimes. This means that legalizing marijuana could help save $11.3 billion from spending on imprisonments. That can help the government save a lot of money and maybe reduce the deficit. According to researchers, it is also believed that legalizing pot could reduce crime rates. Since the legalization in Colorado, about 10.1% of crime has decreased, and a 6.9% decrease in violent crimes.

These crimes involve homicides, burglaries, and sexual assaults. Property crime rates have dropped about 11.1%, involving burglary, larceny, auto theft, and thefts from motor vehicles. Legalization of marijuana could also help reduce the number of traffic deaths. According to some economists’ studies, states that have legalized the use of medical marijuana have dropped 9% in fatal car wrecks, which means that there was a decline in drunk driving. This proves that driving high is so much safer than driving drunk.

Many people will continue to believe that marijuana is worse than alcohol or tobacco and believe that it will bring nothing but bad things to people who consume it. However, there are facts and studies that prove that legalizing marijuana could bring various amounts of benefits to many people. Like I said, it’s not that bad once you get to know the plant a little better. Remember, don’t knock it until you try it.

Legalization of Marijuana outline and speech Essay

Annotated Outline and Bibliography Essay

Annotated Outline and Bibliography Essay.

1. Methods of Criminal Profiling

Methods of criminal profiling are scientific knowledge used to help build a profile against an offender, a profile of the crime or crime scene, and/or the victim. These are criminal analysis, diagnostic evaluation, geographic profiling, investigative psychology and much more. A. Criminal Investigative Analysis

Criminal investigative analysis is a process in which the investigator reviews the crimes of the offender. Through this reviewing the investigator is able to map the offender’s characteristics such as their criminal behaviors.

B. Diagnostic Evaluations (DE)

This type of evaluation is a result of mental, medical, and clinical experience by professionals in these fields. These are normally done when asked and not done as a routine type of assessment. 2. Usefulness of Profiling in Determining Offender Identity and Behavioral Patterns. Profiling helps to prove an offenders identity as well as their behavioral patterns. To do this it is done through investigating the crime scene characteristics. An investigator will access whether the characteristics are organized or unorganized as well.

Those are also found by doing evaluations such as diagnostic evaluations.

A. Offender Identity

Through certain aspects of criminal profiling an offender’s identity can be found out by what type of evidence was left such as a fingerprint or what DNA was left behind found in such things as blood or hair.

B. Behavioral Patterns

Through an offender’s behavioral patterns such as what ligatures were used, weapons used or wound patterns can all show specific behavioral patterns of an offender.

3. Psychopathy’s Role in Criminal Profiling

Psychopathy plays a major and drastic role in criminal profiling. Through the behaviors that psychopaths demonstrate profilers can see other specific patterns of offenders. Psychopathy helps profilers in linkage analysis in such ways as offenders behaviors or even the reasoning behind the crime.

A. Psychopathy

Psychopathy is a personality disorder in which is clarified by meeting certain criteria.

4. Legal and Ethical Issues Within Criminal Profiling

Legal and ethical issues have riddled criminal profiling since its existence. There is a committee called the Committee on Ethical Guidelines for Forensic Psychologists. These issues are not just about the offender. These ethical factors affect innocent individuals and hurt the criminal justice field as a whole. There are legal issues such as forensic fraud which is done by giving a sworn under oath statement or testimony which is false or misleading.

5. Evidence-based, Victim-based Evidence, and Offender-based Forensic Evaluations in Relation to Criminal Profiling These three evaluations are bases in the heart of criminal profiling. These three evaluations all have a certain role in which they have that builds a profile towards an offender. These evaluations help profilers and investigators to better understand all realms to every case they are involved in. These evaluations help to give details in cases that otherwise might not have been found otherwise.

A. Evidence Based Forensic Evaluations

Evidence based forensic evaluations are often ignored due to many scandals. However this evaluation can often show and link evidence to a case and can also help in being able to have the evidence admissible in court.

B. Victim Based Evaluation

This evaluation helps investigators and profilers to be able to see inside more so the victims life. This also helps the profilers to better map the victims lifestyle and circumstances in which may have led up to the offense that turned them into a victim.

C. Offender Based Forensic Evaluation

Through offender based forensic evaluations profilers assess the offenders age, sex, intelligence as well as other offense related behaviors. Through this profilers will learn the aspects of the offender such as their knowledge not only of the crime scene or crime itself, yet of the victims as well as their criminal skill.

6. What is Victimology and Its Role in Criminal Profiling

Victimology plays a major role in criminal profiling for numerous reasons. One reason being that of the offender. It helps to answer certain characteristic questions regarding the offender. It gives a very specific as well as accurate outline into the victim’s life and their lifestyle. This helps profilers to also better understand the crime in which the victim was made to endure and suffer from.

A. What is Victimoogy

“Forensic victimology is the scientific study of violent crime victim’s for the purposes of addressing investigative and forensic questions” (Turvey, 2012, Pg.125). 7. Evaluate Predatory Behaviors Based on Crime Scene Behaviors as Illustrated By Evidence Predatory behaviors based on crime scene behaviors as illustrated by evidence helps to further explain more about the offender. This also shows the profiler the offender’s behaviors as to his choice of victim, point of contact, the offender’s method of approach and more.

Predatory behaviors help profiler to understand the offenders MO or theory of a motive. This behavior shows whether it was sadistic, administrative, power reassurance behavior, or rage/anger retaliatory behavior. These behaviors also show just how serious of a predator the offender is and if they will escalate in the seriousness of their crimes or if they are psychopathic or if they have Anti-social Personality disorder.

A. Predatory Behaviors

Predatory behaviors are such behaviors as stalking the victim, amount of planning the crime, use of restraints, as well as the offenders Modus Operandi and whether or not it was acted out.

References

Association, A. P. (2004). Diagnostic and statistical manual of mental disorders: DSM-IV-TR. Washington DC: American Psychiatric Association. This source discusses psychopathy in depth. Psychopathy has different attributes as per the different levels. The different levels of psychopathy are criminal and non-criminal which are further discussed and explained. This resource will help to better understand psychopathy. Bateman, A. L., & Salfati, G. C. (2005). Serial homicide: an investigation of behavioral consistency. Journal of Investigative Psychology and Offender Profiling, 2, 121-144. doi:10.1002/jip.27

This article on serial homicide discusses in depth the different behaviors displayed by the offender. This will help to further support the aspect of predatory behaviors by an offender. This will help to link predatory behaviors and criminal profiling. Crawford, G., & Walters, G. D. (2014). Major mental illness and violent history as predictors of institutional misconduct and recidivism: Main and Interaction Effects. Law and Human Behavior, 38(3), 238-247. doi:10.1037/Ihb0000058

This study accesses different mental disorders and how they relate to crimes. This source will help to show and support behavioral patterns of the criminal offender. In relaying this information we can further link the usefulness of criminal profiling with criminal behaviors. Fontaine, R. G., Fox, A. R., & Kvaran, T. H. (2013, Winter). Psychopathy and culpability: how responsible is the psychopath for criminal wrongdoing? Journal of the American Bar Association, 38(1), 1-26. Retrieved January 28th, 2015

This study and/or source explain in extreme depth about psychopathy and how it is a personality disorder rather than a mental disorder. It helps to further explain some issues prosecuting an offender with psychopathy. This relates to the essay in addressing psychopathy as well as the role psychopathy plays in criminal profiling and criminal behaviors as well. Goodey, D. J. (2006). Ethnic profiling, criminal (in) justice and minority populations. Critical Criminology, 207-212.

The article written by Goodey further explains different ethical issues within profiling. Such issues discussed are racial profiling, ethnic profiling and police criminal stereotypes. This will help to relate and better understand the legal and ethical issues within the paper and support any findings. Henwood, D., Lamb, R., Lambie, I., & Scott, D. (2006, November). Profiling stranger rapists: Linking offense behaviour to previous criminal histories using a regression model. Journal of Sexual Aggresion, 12(3), 265-275. Retrieved February 2, 2015

This article discusses geographic profiling, evidence and investigative analysis, investigative psychology, and diagnostic evaluations. Offender behaviors and offender criminal patterns are addressed. The article covers as well behavioral characteristics and behavioral patterns as well to also link them to criminal profiling. These are all relevant as to these are core points to be addressed within the paper. Hinch, R., Lubaszka, C. K., & Shon, P. C. (2014). Healthcare serial killers as confident men. Journall of Investigative Psychology and Offender Profiling, 11, 1-28. doi:10.1002/jip.1394

This article covers the realm of investigative psychology. Through the study of healthcare serial killers the investigative psychology is discussed. This article will further discuss certain behaviors of the offenders as well which will further help to link the findings and further support the findings within the paper. Ibe, Ph.D, P., Obiyan, Ph.D., E., & Ochie, Ph.D., C. (2012, November). Racial misuse of “criminal profiling” by law enforcement: intentions and implications. African Journal of Criminology and Justice Studies, 6(1 & 2), 177-196. Retrieved January 20th, 2015

The article discusses criminal profiling in depth which will help to further explain and define criminal profiling. The article also discusses several ethical issues within profiling. The resources will help to further support the findings and link the sources to the paper. Lynam, D. R. (2012). Assessment of maladaptive variants of five factor model traits. Journal of personality, 1467-6494.

This article discusses psychopathy as a personality disorder and delves deeper into the understanding of the disorder. The article explains how it relates to forensic evaluations. This gives the support needed to show the connection between psychopathy and criminal profiling. Marcus, PhD, D. K., & Norris, MA, A. L. (2014). A new measure of attitudes toward sexually predatory tactics and its relation to the triarchic model of psychopathy. Journal of Personality Disorders, 28(2), 247-261. Retrieved February 3rd, 2015

This article covers psychopath’s connection to behavioral traits and personality traits. This links it to the paper at hand due to the fact it further discusses personality traits and behaviors of sexual predators. It further discusses criminal predatory behaviors such as various sexual tactics and other problematic sexual behaviors. Myers, M.D., W. C. (2004). Serial murder by children and adolescents. Behavioral Sciences and the Law, 22, 357-374. doi:10.1002/bsl.590

This article discusses six cases of child serial killers, their behavioral characteristics, methods of killing and the crimes of themselves. This article supports the usefulness of criminal profiling in determining offender identity. This article will further support the aspect of evaluations in criminal profiling as well. Quayle, J. (2008). Interviewing a Psychopathic Suspect. Journal of Investigative Psychology and Offender Profiling, 5, 79-91. doi:10.1002/jip

This research article discusses psychopathy as a personality disorder that has certain elements that the offender must meet before being clarified as psychopathic. This further helps to define and understand the role in which psychopathy plays within criminal profiling. This article coincides with other articles to further back up the findings from them as well. Turvey, B. E. (2012).

This source is being used to help us further understand victimology and how it works within criminal profiling. Brent Turvey has experience within the criminal profiling field and gives much insight to ethical and legal issues, offender behaviors, and psychopathy. This source helps to fully pull everything together and backs up all other resources and findings as a whole which helps to solidify the paper to be most factual.

Annotated Outline and Bibliography Essay

“Bring Back Flogging” Response Paper Essay

“Bring Back Flogging” Response Paper Essay.

In Jeff Jacoby’s essay, “Bring Back Flogging,” he strongly reveals his opinions and beliefs on corporal punishment. Jacoby illustrates the use of verbal irony and sarcasm. He applies verbal irony and sarcasm in such a way that by reading what is written is easily understood to interpret what he really means. Jacoby describes what flogging is, how it was helpful, and argues that flogging needs to be brought back to our society. After reading Jacoby’s argument for bringing back the harsh beating and whipping, called flogging, I see that flogging would be helpful if it is brought back.

Flogging is exercising the practice of brutal beatings and whippings. Flogging has been practiced by the Puritans in 1632, all the way to 1972 when it was repealed. The Puritans acted in flogging when offenders were sentenced for committing a crime, such as adultery or blaspheme. When convicted of the crime an individual committed, they were tied to a post in public, with no shirt, and severely flogged.

By practicing flogging, and displaying the beating to the citizens of the town, the citizens could see what would be done for their punishment if they commit the same or different crime.

If flogging were to be brought back and routinely practiced on offenders of certain crimes, and the beating was displayed to the public, it could greatly reduce crimes committed. Being whipped is not any more or less degrading that being locked in a cage, like an animal. Bringing back flogging would inspire possible criminals not to commit a crime that they could be planning. By being whipped in public, the offender will be highly embarrassed and have severe pain. Hopefully this felling of embarrassment and the pain experienced will stay with them, if they think of committing another crime. Also, after beaten the wounds will turn to scars, these would serve as a permanent reminders of the consequences obtained from their actions.

Prisons are packed tightly with hundreds of criminals. Some prisoners are violent offenders and others are not. Providing meals, building new jails, keeping a prison running, and providing prisoners with necessities, is very expensive. If flogging was the consequence of committing crimes, the money spent in and for prisons, could be used for other and more important items, such as books for school systems. In addition, less dangerous offenders will not be abused or raped in prison. The practice of flogging would also increase prison space for more dangerous offenders.

Bringing back the punishment of flogging would greatly reduce crimes committed. Also, the public display, pain, and the permanent reminder from scars, will reduce the possibility of participating in the crime again. It would also serve as a physical image to others of what will happen if they commit a crime. Puritan forefathers had an excellent idea of punishment for committing crimes. Flogging was also a very effective punishment. The knowledge of what will happen if a crime is committed, and knowing how painful it is, will allow individuals to think thoroughly if they ever decide they want to commit a crime. I vote to bring back flogging!

“Bring Back Flogging” Response Paper Essay

Why Criminals Deserved Punishment Essay

Why Criminals Deserved Punishment Essay.

Arguments in favour of the motion:
a) Criminals deserve punishment as they are wicked. If they are not punished they will continue committing crime which will destabilise the society. Appropriate punishment will act as deterrent for the criminals to take to the path of crime. b) If criminals are not punished for their crimes it will be an injustice to the victims. c) Criminals deserve punishment as they cannot be reformed without being punished. d) Since the doer of good work is rewarded with appreciation then it follows that evil doer like criminals is awarded with punishment.

e) If criminals are not punished people will not differentiate between criminal and non-criminal activities. Arguments Against the motion:

a) To assume that criminals are wicked and accordingly deserve punishment is wrong. Criminals are the products of the society they live in. They take to crime under unavoidable circumstances like extreme poverty. So, it is an injustice to punish criminals. The conditions for committing crimes are induced by the society that instigates people to commit crimes.

b) There are several instances to show that criminals can be reformed. They are as normal as other human beings and are sensitive to sympathy and benevolence. c) We are no longer in a primitive society. So, giving punishment to the criminals is not in tune with the norms of a civilized society. d) Criminals do not deserve punishment as criminals are able to realise their wrong themselves in course of time.

Criminals deserve to be punished. Most of the people would not hesitate to claim that those who break the law should be punished ans]d put into prison as long as possible in case they continue to endager our lives and property. Also, if criminals are not given any punishment they may commit crimes again and again.Crime in general is the worst thing a person can do because it violates the law and it is a violation against the victims.Therefore, to protect the security of the society they should be punished according to the severity of the crime. So, regardless of what sort of crime someone is commiting they have to pay for their crime. and

One thing is clear – there are far too many people in American prisons. There are far too many ‘criminals ‘ in prison despite the fact that they pose no significant threat to society. As a result – otherwise productive citizens are sitting in a jail cell costing taxpayers money to look after. Despite this, there are many non-violent crimes which warrant jail time. Without this, the penalties for breaking the law might be so mild, that people will take calculated risks. For instance, when I was a child, I was told not to eat more than two cookies. However, the punishment if caught would be that I would have to return the excess cookies. Therefore, from my point of view, it made sense for me to always try and get away with extra cookies.

If the punishment had been a spanking, being grounded etc – then I would have factored in the risk, and would have decided against taking extra cookies. Imagine if CEO ‘s took the same view towards corporate fraud. Now, I am not suggesting that people who break any infraction of the law should go to prison, nor am I suggesting that the current system is perfect, or even remotely close to perfect for that matter. However, I do feel that there are many non-violent crimes which merit a prison term – not community service, not a suspended sentence, not house arrest and not probation – but prison. Here are a few examples:

1) Repeatedly driving drunk or with a suspended sentence.
2) Defrauding seniors out of their life savings.
3) Ignoring the constitution and illegally wiretapping American citizens.
4) Making hundreds of millions of dollars while falsifying documents to trick investors into investing in your company.
5) Selling crack.

Do we really want these people on the streets? Do we really want to give them a slap on the wrist? Do we really want to give these people a chance to escape and go to a South American country to retire? Absolutely not. These people might not kill, but they are every bit as dangerous as the drunk who punches a cop in the face.

Why Criminals Deserved Punishment Essay

Criminal Profiling: Charles Ng Essay

Criminal Profiling: Charles Ng Essay.

When you first hear the news about an offender committing numerous crimes, you assume he or she might have been abused at some point in their life or that they have had a long criminal record. Most repeat offenders come from a string of a bad life, parental abuse such as abandonment, neglect, and/ or physical abuse to name a few. At an early age they show signs of being cold hearted, fearless and possibly thrill-seeking behavior.

This wasn’t the case for Charles Ng.

Born in Hong Kong (Levin), son of a wealthy businessman, he was not exposed to poverty, thugs, to the contrary; he had it all. Access to everything he could have ever wanted, lots of money, choice to attend any school he could have ever wanted without having to worry about how it would be funded. Whatever he wanted he received. Instead he opted for a life crime. He started with just being a rebel, he would be transferred or expelled from different schools throughout his childhood due to his outstanding behavior (sarcasm), and they couldn’t kick him out fast enough.

His father couldn’t handle him anymore, he sent him to England to live with his uncle. It didn’t take long for Charles to continue his bad behavior. He upgraded to stealing from his classmates to retail stores. He just couldn’t get enough of other people’s stuff. And once again he was kicked out of school.

While back in Hong Kong, he applied a for a student visa to study in the United States, and enrolled at a college in Belmont, CA, but studies were the last thing on his mind. After just one semester he dropped out of college. Even though he wasn’t an American citizen he managed to con the system and hands over a fake Indiana birth certificate and in 1980 he enlisted in the Marine Corps and was stationed in Hawaii. This act of defrauding was another devious act to add to his list. He didn’t last long in the military. Within a year he and other accomplices stole military weapons, to which they were caught and arrested. Just days after being arrested he escapes and runs to California.

In California he meets a man by the name of Leonard Lake. Lake was also in the Marine Corp where he trained as a radar operator. He lasted seven years with the Marines and was later honorably discharged with good conduct despite of his “psychological problems” being exposed during his time served. Lake had a history of mental issues within the military but they were not properly documented at the time. Unlike Ng, Lake did not have a great upbringing. He didn’t have wealthy parents. He was living with different relatives all up until the age of six. His parents were too busy fighting with each other, they neglected Leonard. Lake felt abandoned and rejected by those he thought would protect him and take care of him. The nurture part of growing was taken from him.

Ng befriends him given they have military service in common and ultimately moves in with him and Leonard’s wife. At some point Charles and Lake are arrested by the FBI for weapon charges. He is released sometime in June 1984 and moves back with Lake but this time he joins Lake at a cabin. This cabin would end up being their sanctuary, their hostage cell. It didn’t take long before Charles need for chaos would start. In July of that same year, just a month after his release Charles breaks into an apartment, robs the place and shoots 2 males living in the apartment. One of the tenants, Donald Guiletti died during the robbery but his roommate, Richard Carraza survived. But at this point Charles was not aware of Mr. Carraza’s survival until months later (A Fate Better than Death, 1991).

Charles teamed up with Lake and continued their criminal conquest. After the robbery, he went on to rape and bring to life his partners sadistic sexual fantasies. Their first group of victims came when Ng responded to an ad in the paper posted by Mr. Harvey Dubs about camera and audio equipment. They would seem as they were really interested in purchasing the merchandise advertised in the ad, they used this method of approach in order to gain access of their victims and pull off their plan. When Ng arrived at the Dubs residence, Mrs. Deborah Dubs had welcome the men into her home without knowing her life and those she loved most were about to end. Lake and Ng abducted the Dubs to include raping Mrs. Dubs. At some point Deborah begs to see her son who Ng had already killed but instead he played games and would tell her the baby is sleeping, making her believe she may have a chance to survive solely for the sake of the child. But in the end it was all lies. Just like his future female victims he tied, tortured and raped then before taking their life.

Another one of his victims was a young lady by the name of Kathleen Allen. Ng knew Kathleen through her boyfriend Mike, who had been a cellmate of Ng’s during his time in Leavenworth, for stealing military weapons. Lake phoned Kathleen and informs her that Mike had been and shot and she needed to get to his aside as soon as possible. He offers to pick her so she won’t have to drive herself given how shaken up she became with the news. Lake takes her to the cabin where he, his wife and Ng were residing. While in the cabin they take her to an outside shack with the assumption that her boyfriend was there.

Lake grabs her and ties her to a bed post they had customized by drilling holes and inserting ropes/ties in order to secure their victims. Charles positions himself on the bed with Kathy and begins to rip her shirt off with a butterfly knife. He threatens her by telling her if she didn’t act like a sex slave and do as he wishes he would take her outside and kill her. She complied with his wishes as well as others. All the while Leonard would be videotaping Kathleen’s nightmare and directing Ng. They saw this as making of a movie. Kathleen wasn’t Ng’s only female victim. He had a total of three female victims. All female victims were raped, tortured and regardless of how they responded to the attacks, whether resisted or complied they were ultimately killed.

They built a bunker style hiding place where they brought their victims and bury them. This hiding had everything they need to put their plans in motion. Weapons, lingerie for the women to do a little role play with as their sexy slave vixens, knives, digging equipment, etc. They built an incinerator, a room with a two way mirror; this was a complete hostage military style cell. Ng, would commit the sexual acts as well the murders along with Lake all the while Lake had the sick pleasure to watch and record. They would also take pictures and post them throughout their hidden bunker as a shrine to what they have done. They would look at these pics and feel good about what they had done. Aside from the pictures, Ng saved articles of their clothing and every once in a while would sniff them. By doing this it would bring him back to that moment he forced himself onto them.

What could possible gone wrong for this discovery to occur? Ng and Lake become too comfortable. As previously mentioned, Charles had a tendency to shoplift/ theft. He was at a local store where an employee spotted Charles walking out of the store with what appeared to be a bench vise. When the police arrived they did a search and found a weapon registered in someone else’s name. The officer questions Lake who does the vehicle and the weapon belong to, Lake unfortunately was not expecting the officer to follow up with information given and was arrested on the spot and Charles flees. While Lake is at the police station giving a statement, Charles manages to gather a large amount of money and flees to Chicago where he stayed a few days and then makes his way to Canada. While at the Police Station Lake swallows 2 cyanide capsules and collapses in the middle of the interrogation room. He is taken to hospital and dies. At this point the police officers are questioning what would make a man want to kill himself all for a shoplifting charge. This is where Charles world came crumbling down.

Lake’s wife leads the officers to the cabin where Lake, Charles and she were living. A search warrant was issued and the bunker along with all the other hiding places and equipment used to bring about their crime spree was revealed. At first the investigators couldn’t link the crimes between Donald G, the victim from the apartment robbery, with the rape and murder of Kathleen A. and Brenda O’C., until a picture of Lake and Ng were posted on the local news channels and Donald’s roommate, Richard came forward and identified Ng as their attacker. When neighbors were interviewed they were unaware of the different names Lake had used throughout the time he lived in the cabin. One of the neighbors had recognized him as a Charles Gunnar, not Leonard Lake, and this had itched the investigators as to who else may have been missing.

As the investigation in the U.S. moves forward, Charles is arrested by the Calgary police in Canada on charges of robbery, possession of a fire arm and attempted murder as he drew a gun at the officers while they were trying to detain him for shoplifting. Soon after news of his arrest reach the United States and California becomes aware of his whereabouts and applies for an extradition to which they were denied. During his time in a Canada jail Charles did a lot of reading, familiarizing himself with the law both in Canada and the U.S. For about six years he manipulated the both Canada and U.S. penal systems, causing delays for his extradition and finally his trial (Biography). At the end of his trial he requested to be put on the stand. He thought he was smarter than the prosecutors. During his line of questioning he indicates they didn’t have a specific type of victims. It was more or so, whoever they encountered and felt they could serve their purpose in their sexual fantasies.

Charles was found guilty and sentenced to death. An execution date is yet to be set, he is alive and well in San Quentin Prison in California (Nation, 2013).

As I watched the documentary and did research on Charles Ng and Leonard Lake, I realized they didn’t have a specific branding of how their crimes were committed. Charles chose the victims based on his comfort zone, near the cabin where he would be able to allure them to the cabin or transport them to it. One thing the woman all had in common was that they were married or had boyfriends. Charles and Leonard shared sexual fantasies and were able to put them in play. One thing is for sure, they didn’t select all their victims, it was more like first come first serve. Whoever is available will be the chosen one. Their signature aspect/ commonality was having the females as sex slaves. They thrived at the thought of sexual acts and watching each other with the victims.

Charles and Leonard came from different backgrounds. Charles being the privileged one, having his parents taking care of him, while Leonard was the
poor kid who his parents couldn’t love, managed to live the same life of crime and come together as a team destroying a total of 12 lives not including family and friends.

Criminal Profiling: Charles Ng Essay

Mohawk Indians: Past and Present Essay

Mohawk Indians: Past and Present Essay.

The Mohawk Nation is a Native American tribe of the New York area. They were a sedentary tribe who practiced agriculture in the harsh northeast climate. The primary crops were corn, squash, and beans. The Mohawk were skilled trappers who took advantage of this skill when the Europeans arrived in their area. The tribes worked with other tribes to achieve better relations with other Native Americans and Europeans. This included a constitution and treaties with Americans and Canadians.

The modern day Mohawk Nation has tried to keep their culture and their land.

The nation of the Mohawks once covered a large area of New York, Ontario, and Quebec. Present day Mohawks mainly live on three reservations. The tribes on these reservations are the Akwesasne, Ganienke, Kahnawake, Kanesatake, Kanatsiohareke, Six Nations, Tyendinega, and Wahta (Mohawk Nation Council of Chiefs, 2007).

The tribe deals with many modern day problems that are similar in nature to the issues of the United States as a whole.

Education is a concern for the tribe. The main issue of education is the focus on retaining their culture and obtaining the level of education needed in today’s society. Their answer to this problem was to found the Akwesasne Freedom School. This school was founded in 1979 by parents of the tribe for children in pre-k through eighth grade (Mohawk Nation Council of Chiefs, 2007). Besides the basic studies the curriculum focuses on culture beliefs and also includes a Mohawk language immersion program.

Another concern of the Mohawk nation is the disputes of land ownership in their territories. The tribes of many areas in the New York and Canada area are fighting to keep rights to land that were allotted to them centuries ago. According to Connie Kidd, (2007) after the American War of Independence, during which Mohawk warriors fought as allies of the British, the Haudenosaunee were persecuted in their New York territories and so moved north to ancestral territories along the Grand River, which were reserved for them in the Haldimand Proclamation of 1784. This land was gradually taken out of their hands through disputes and surrenders. The tribes have had trouble being successful in getting the two governments along their borders to honor separate treaties regarding land ownership.

As in any other nation, crime is a concern for the Mohawk Indians. In the Mohawk territory smuggling has become a concern for the local citizens. Drugs, other contraband, and illegal border crossing have risen in the recent years. The smuggling problem seemed to have risen with increased taxes on tobacco in Canada. The smugglers, who are Mohawk Indians and other races, used the Akwesasne area to transport tobacco to Canada, so much so that the area became known as smugglers alley (Bonaparte, 2002).

Another factor in the rise in smuggling is the duties that must be paid to bring goods into the Canadian side of the border. Since some of the Mohawk territory is divided between the Canadian and the United States borders the residents must pay to bring goods from one side to another. This has proven to be a hardship for the Mohawk Indians, especially in conducting business inside the reservation. The case of Mitchell vs. the Minister of National Revenue was a decision that stated the Mohawks of Akwesasne did not have an aboriginal right to bring trade goods across the border without paying duty (Bonaparte, 2002). This Canadian court decision, which itself took many years to decide, has affected the Mohawk Indians in conducting business inside and outside the reservation, and thus led to an increase in smuggling.

The Mohawk Indians have had trouble combating this problem since the 15-member Tribal police force currently pays for border enforcement from its own operating budget that is supported by Tribal revenue (Indian Times, 2006). The tribes answer to help solve their crime problems is to train local Mohawks to serve in law enforcement. According to the Indian Times newspaper these tribal police officers are ideally suited to monitor this stretch of border as they are Akwesasne residents with an intimate knowledge of the territory (2006). The Office of Law Enforcement Services is responsible for improving law enforcement services and preserving the public’s safety throughout Indian Country.

The United States has dealt with smuggling across the borders for many years and from every border. Prohibition times seen the smuggling trade rise in this very same area yet the items were being smuggled into the United States instead of out. The methods of controlling this problem have changed since that time in history. Mohawk elders can recount that border patrol agents used deadly force to combat the smugglers, native and non-native alike (Indian Times 2006).

Even though the smuggling issue has been present since the prohibition days in the early twentieth century the United States government is only now beginning to understand the impact it is having on the Mohawk and surrounding communities. In 2006 the Bureau of Indian Affairs awarded the Tribal Police Department with a grant to help combat the drug smuggling and the illegal border crossing problem in Akwesasne (Indian Times, 2006). This funding is intended to increase the number of native officers to help fight the crime in the community. The Department of Justice and the Department of Homeland Security are among other government offices that have awarded grants to the police department to aid in buying equipment and addressing other issues (Indian Times, 2006).

By working together the two nations can fight an ever growing problem and keep the Mohawk and surrounding communities safe. The various funding from the United States government can be effective in financing the programs needed to protect the community. This cooperation between the two nations will benefit both in the long run.

References

Bonaparte, Darren. (2002). A line on the map. Wampum Chronicles. Retrieved April 5, 2008, from http://www.wampumchronicles.com/bordercrossing.html.

Kidd, Connie. (2007, Feb. 26). What’s happening in Caledonia. [Electronic version]. Raise the Hammer. Retrieved April 6, 2008, from http://www.raisethehammer.org/index.asp?id=533.

Indian Time Newspaper (2006, Oct. 16). Tribal police force to receive grant [Electronic version]. Retrieved April 4, 2008 from http://members.aol.com/miketben1/police3.htm.

Mohawk Nation Council of Chiefs (2007). Welcome to the homepage of the Mohawk Nation Council of Chiefs. Retrieved April 5, 2008, from http://pages.slic.com/mohawkna/home.html.

Mohawk Indians: Past and Present Essay

Rehabilitation or Retribution? Essay

Rehabilitation or Retribution? Essay.

The expectations of society for the criminal justice system are to punish and rehabilitate individuals who have committed crime. Punishment and rehabilitation are two acknowledged objectives of the criminal justice system, Retribution, which is based on “an eye for an eye, a tooth for a tooth” philosophy, simply means punishment and vengeance for what evils have done. While rehabilitation, as Nicholas Tan (1999) noted that “is the idea of ‘curing’ an offender of his or her criminal tendencies, of changing their habits, their outlook and possibly even personality, so as to make them less inclined to commit crimes in the future”, the main aim of rehabilitation is to help prisoners to get some skills in prison, so that when they re-enter into society, they can adapt quickly to the new environment.

Debates over these two notions have lasted for a long time, many would argue that the main purpose of prison systems is to punish people who have committed criminals. While this should be the secondary function of prisons, the most important function should be rehabilitating criminals back to the society, not just retribution.

As a recent survey showed that over 60 percent respondents agreed that prison should reform prisoners, rather than punish them (Human Rights and Justice Studies, 2000). In this essay, it will argue that rehabilitation is a more efficient way to help prisoners rather than retribution by illustrating advantages of rehabilitation.

Some theorists throughout history have argued that the primary purpose of prisons is to punish criminals for what they have done, criminals should get punished when they break the law. When they are sent into prisons, as punishment, they certainly do not have rights to watch TV, access to internet and so on. However, some people may disagree with this, because going into prison is already a punishment, criminals have already lost their freedom, they should not suffer extra punishment by being denied other human rights while in prison.

After all, punishment is not the ultimate goal of prisons, redemption from sin is the basic aim of prisons. The root of all crime is due to the lack of education and training, if prisons prevent offenders from receiving education or learning information from outside, then after released, they may feel alienated from society and not be accepted by society, and employers will not employ those who do not have knowledge or job skills which will deteriorate the situation of recidivism. Therefore, rehabilitation should be the main purpose of prisons, for it promotes the humanizing belief in the notion that offenders can be saved and not simply punished (Nicholas. T.,1999).

However, some people are afraid that if allow prisoners to receive education or access to internet may provide an environment to make better criminals. Whereas Dr Paul Fauteck (2006) argued that the prison education programs are not “coddling criminals”, society in general benefits from prison education programs. The basic aim of receiving education in prisons is to help them reintegrate and rehabilitate into society, so that they will not be alienated from society.

Receiving education in prisons does not necessarily suggest prisoners will commit high technological crime after they get released, in other words, the possibilities for offenders to commit high technological crime after they receive prison education are quite remote, after all, in some cases, prisoners can be educated to understand why their actions were wrong, and be allowed back into normal society with the possibility of positively effecting society (Wikia, Inc., 2007). Contrarily, if prisons do not provide educational materials, then the possibilities for recidivism will be very great because of the rejection of society.

While some dissenters controvert that rehabilitation is not efficient on helping criminals, because statistics have shown that more than half criminals got rearrested after they released about two or three years. In fact, criminal rehabilitation works to reduce recidivism, it is a cost efficient form of crime prevention (Paul. F, 2006). For example, some medicine could work to cure some offenders, and indeed, the most recent studies show that they do work. Such programs include pro-social modeling programmes, and some sex-offender treatment programs.

This research demonstrates that the net effect of treatment is, on average, a positive reduction of overall recidivism (re-offending) rates of between 10% and 12%, which would promote a reduction in crime (Nicholas.T., 1999). From this perspective, it is easy to say that rehabilitation helps to reduce the rate of recidivism, if prisons do not provide these treatments or knowledge, then nothing will ever change. Moreover, rehabilitation can also help them to realize that being in prisons are disastrous which is a good way to stop them re-entering into prisons.

Yet, rehabilitation and punishment are mutually exclusive goals, but they become more and more integrated in modern society, since the late 18th century prisons have combined elements of punishment with elements of rehabilitation. As the French philosopher Michel Foucault put it, punishment shifted over time from the disciplining of the body to the disciplining of the “soul” (Politics.co.uk, 2007). Therefore, incarceration sentences should provide for a set term of rehabilitation followed by a set term of punishment. Furthermore, rehabilitation and rehabilitation are both important, they should work together to punish and change criminals.

To sum up, retribution theory focus more simply on punishment which is very barbaric, and it should not be encouraged in modern society. While the notion of rehabilitation is more humanism and flexible, it can help prisoners by providing education and trainings, so the true aim of prison systems should rehabilitate and reform criminals, not simply punish them.

REFERENCES:

_Crime_ (2007), cited from http://campaigns.wikia.com/wiki/Crime

Nicholas Tan (1999), _Rehabilitation vs Retribution_, cited from international debate education association, http://www.idebate.org/debatabase/topic_details.php?topicID=307

Paul Fauteck (2002-2006), Criminal rehabilitation-criminal recidivism rates, cited from http://www.going-straight.com/

Rehabilitation or Retribution? Essay