Criminal Justice Opinion Portfolio - Assignment Example

Criminal Justice Opinion Portfolio Privacy rights of US citizens need to be safeguarded with the crime fighting organizations becomes more responsive and accountable towards protecting civil liberties. The nature of force applied to attain the objectives must be justifiable and government programs need to be carefully formulated so as to reduce the probability of a vicious circle getting formed in the process. The national security measures should have an all-inclusive approach for better a better and secure American society and nation. Week 1 - Common privacy rights held by U.S. citizens, role of press “The house of everyone is to him as his castle and fortress, as well for his defense against injury and violence as for his repose”. Be it the declaration of Independence or the United States constitution, sovereignty is always placed in the hands of the common man. The civil state is beholden to protect the rights of the individual. According to the Fourth Amendment, one has freedom from search and seizure, absent warrant when there is a justifiable requirement of privacy. Currently, it is Fourth Amendment that actually defines the common privacy rights enjoyed by US citizens. Respect to a person’s reasonable expectation of privacy must be maintained according to a 1967 Supreme Court ruling. The state can take any measure to ensure the safety of its citizens. On grounds of suspicion of ‘unusual conduct’, the state can resort to Stop and Frisk measures. But, it must be done after accumulating specific and articulable facts drawn from rational inferences. This can protect the right to privacy from undue interference of the state. Without a warrant there cannot be a seizure on a person, his home or personal property. This includes brief detention when the government is actually encroaching upon the possessory interests of the person to accumulate evidence. It is actually the exceptions that can result in a conflict between the interests of the state and the right to privacy of the respective individual. Even momentary detention is allowed under specific circumstances when the government has no other means to attain its objective. It can be in the form of the brief detention of the motorists or the immigration checkpoints or creating roadblocks to nab a fleeing criminal or locating a suspected bomb. This is to uphold the requirement of the society which is of greater interest. The lives of the citizens and the state’s information assets must be secured, under the current threat of terrorism. With transparent international borders it is indeed a ceaseless strife to maintain an effective balance between security and civil liberty. For example, when the foreign students are monitored, there occur cases of discrimination for students whose parents are from foreign countries. It becomes important to control the profiling and varied discrimination procedures. To control cyber attacks and such others involving the new age media technologies perpetrated by terrorists, the government is often charged for ‘snooping’ into the private lives of citizens. There have been attempts by hackers to gain access to this federal information regarding the details of its citizens. There are questions on the securities measure taken to safeguard it. [1] The press has immense power to generate and build public opinion. These can in turn be highlighted to acquire the attention of the government and even force the government to take adequate measures to protect individual privacy rights. Cases where the privacy rights are deliberately or circumstantially violated, the press can bring it the notice of the relevant authorities and try to congregate views so as to suggest alternatives to the state to effectively combat such violations in future. Week 2 – Review of National Citizen’s Crime Prevention Campaign, role of media The National Citizens’ Crime Prevention Campaign happens is the first public education program that seeks to prevent crime in America. It functions through stimulating community development and generating confidence in inclusive crime prevention activities. It generates national focus and builds comprehensive resource base to prevent crimes. Prior to its launch in 1979, crime was considered to be inevitable by Americans which could only be prevented by the police. Currently, three out of every four Americans believe that they can personally act and bring about a marked reduction of crimes in their neighborhood/community, thereby doing their bit in preventing it. The face of the campaign is the Crime Dog, McGruff and the slogan is ‘Take a bite out of crime’. Since 1980, the campaign is working through offering education and advice, distributing booklets, brochures, posters, educational videos and live personal programs. This prevention act is a collective effort as it comprehensively engages the varied federal organizations along with several civic groups, businesses, individuals and other law enforcement agencies. The major media market organizations play a major campaign element and the training and the technical assistance activities also strengthens the prevention efforts through the hands-on practical work-shops conducted by NCCPC officials. As an effective coalition network comprising of several organizations and the federal agencies are built, it acts as a resourceful database and forum for sharing crime prevention experiences and proficiency amongst member groups. With relevant and appropriate training, responsive and responsible technical assistance along with adequate financial support, NCCPC has managed to play a major role in several crime prevention programs in America. For instance, the Community Responses to Drug Abuse Program in 1989 was a significant attempt to control the drug menace. It was an amazing demonstration of the incredible capacity of the local groups to purge the crime-infested neighborhood communities. Then, the Texas City Action Plan, 1992 had worked with seven large cities in Texas and helped in the development of partnerships that involved the grassroots organizations and the government to build a comprehensive crime prevention plan. [2] Through efforts like Teens, Crime and the Community, the NCCPC tries to create a more safe and caring environment amongst the youth. Then, the Youth and Resources Program focuses on the building of valuable community resources that seeks a positive community change. As a comfortable and resource channel of communication is built between the teenagers, schools, guardians, government and law enforcement institutions, it reduces the possibility of the development of a crime inducing environment. Agencies like these and the federal agencies resort to various media forms to further their campaign, generate awareness and educate people through repeated discussions and issuing relevant information and procedures. This can have both a positive and negative impact. On one hand, media acts as a potent tool to spread the awareness, on the other, it gradually generates frenzy that criminal acts are inevitable situations that cannot be alleviated. This causes panic as people tend to develop an ingrained idea that a crime-free society is unattainable. It gives rise to fear in the day-to-day survival system. There can be a growth of distrust, prejudices, profiling and discrimination. These are not a regular occurrence but, may happen under certain conditions. This is a sort of subjective psychological problem. Thereby, it calls for individual attention and should not be generalized. However, the media can play its part to somewhat reduce such conditions. This can be done in the manner in which it presents the information or awareness tips. It should refrain from its natural tendency to sensitize the issue and present facts sans exaggeration. Week 3 - Excessive use of force is a systematic problem. In order to fight crime, application of force is indispensible. Force is a manifestation of regulatory measures and it becomes essential when rules are violated or to uphold the protection of individual rights. The state resorts to the application of force to curb the growth of unlawful elements that can threaten the sovereignty of the state. So, in order to protect its authority, the state can take extreme measures to eliminate such elements from the system. Excessive force is a situation when more than the required physical force is used. The very look and feel of an armed officer who comes across as a representation of the state’s laws exudes excessive force. They are required to exercise a certain force to change behavior and aid the defense of civilians. According to the US Department of Justice, just 8% of the complaints filed against officers were found to be valid and 34% were not sustained and 25% were unfounded in their 2006 reports. [3] Complaints of usage of excessive force is a relative issue as there is no basic mechanism to determine the ‘amount’ of force being used and a lot of cases also go unreported. It is portrayed as a systematic problem that gets often reported by the media. The elements that constitute force are the elements and its usage. It is debatable whether a firearm needs to be discharged in order to be ‘used’. The possession, display or threatened use based on the observation of the suspects and/or the witnesses are but inadequate means to form a conclusive statement. Arrests and combats are situational cases that cannot be generalized. To prevent possible transgressions, the regulatory bodies need to inculcate a specific culture that calls for comprehensive understanding. Deliberate usage of brute force for convenience of any type must be discouraged when alternative means are available. But, there still remains the necessity to use force according to the requirement of the situation. The imposition of law needs to be respected always. Week 4 - Should the death penalty be abolished? Death penalty is awarded based on two principle assumptions. One, it will deter crime as someone contemplating murder will know what is awaiting him. And second, it saves the state of unnecessary expenses ensuing from prison costs. There is a word game out here. Death penalty punishes for ‘murder’ and not ‘killing’. Killing can be justified with self-defense but, murder is ‘unlawful and malicious or pre-meditated’. Killing, murder or execution is not interchangeable. The principles of right and wrong also come into play as you get punished for wrong deeds. The punishment ought to fit the crime. In the terms of the law it is ‘lex talionis’ or ‘an eye for an eye’. But this does not mean that one can rape the rapist, beat the sadist or burn the house of an arsonist. Coming under the purview of justice, it is more of a revengeful act under state sanctions. Murder cannot justify murder, albeit in the hands of the state. Punishment ought to deter crimes. Human life is invaluable. When a $1000 is stolen, it can be substituted by the criminal replacing the same amount. That is, the punishment is an effective replacement of the loss. But after the killing someone and awarding a death sentence to the murderer will not bring back the victim. Then, in premeditated murders where the murderer creates a perfect plan for escape and assures himself that he will never be convicted only leaves the perpetrator of the crime free to repeat his act in future. Death penalty will not act as a deterrent in such cases. The emotional sufferings of the victim’s family or the excruciating pain suffered by the victim at the time of death are offences that need to be felt by the murderer. When the crime calls for severe punishment, it should be something that all humans dread the most – living in isolation. Death penalty must be abolished not only for its brutality but bringing in retribution through justified suffering as it will generate a natural reluctance to kill a fellow human being. Week 5 - The National Organization for Women Legislators The National Organization for Women Legislators is a group that works to uphold the rights of communities, victimized sections of the society and individuals so that they do not end up in isolation suffering as victims, becoming targets or developing as potent initiators of unlawful acts. The organization is involved in several programs like prison rehabilitation or drug rehabilitation programs. They seek to bring these isolated groups into the mainstream and simultaneously ensure that they are well-equipped not to transgress. Though, there has been some open dissent regarding the manner of operations of some programs that work with the committee and other individual bodies, (like the one in 2003 involving the disagreement of Nevada Assembly Majority leader Barbara Buckley, who held the opinion that the programs are “scientifically invalid and undercuts other state efforts”. [4] But by and large, this organization did return positive results in several cases on crime, justice, terrorism and substance abuse in their efforts to form national policies on the same. Many key issues faced by the present society can be sorted out in their (the group’s) demand to reduce the elements behind them. The women legislators had advocated drug awareness of Ecstasy and other club drugs through a drug awareness campaign. They often embark on scare tactics to attain their mission. Issues like psychiatric abuse, psychotropic drugging and parental rights are other aspects of human rights. Week 6 - Should the U.S. end the War on Drugs? Drugs like cannabis, cocaine, heroin, methamphetamine and alternately legal pharmaceuticals that are obtained illicitly for non-medicinal purposes pertain to drug abuse and are illegal in the US law. The term ‘war on drugs ‘ was used in 1969 by President Nixon but the current Obama administration refrains from this terminology apprehending it to be a counter-productive that favors treatment over incarceration in its attempt to reduce recreational drug usage. This phrase has often been condemned for being propagandist as it operates under the guise of a noble cause and often acts upon ‘suspected’ traders, producers and/or users. According to available federal and other independent data, there have not been appropriate mechanisms to evaluate the process, thus, making it improbable to judge the effectiveness. This US war on Drugs is rather a lucrative business involving multi-billion dollar ventures that results in the inflation of the value of the illegal drugs and simultaneously criminalizing the poorest sections of the society. They get trapped in this addiction, unemployment and incarceration cycle. There have been instances of racial profiling in the arrest, conviction and sentencing process. The surveillance of the criminal justice system is designed to focus on elements that call for profitable punishment and it also dictates the political economies of the prisons. This war on drugs is rather a symbiotic association of poverty and institutionalized white supremacy. The UN International Drug Control Program data reveal that illegal drug business annually generates over $400 billions trade. The drug laws aid to sustain the status-quo through targeting disadvantaged ethnic minorities from Afghanistan, Bolivia, Columbia, Mexico, Myanmar, Laos, Peru, Pakistan, Thailand and Vietnam along with the local US population. There are also non-drug related business associated with this industry that works in tandem with the profits working around corruption and connivance at the highest quarters. Social purging can only be effective when the discrimination in the criminal justice system is eliminated which actually happens to be a major causative factor that is halting the progress towards a fair civil society. Not only this concept of War on Drugs needs to be alleviated, but the prison industrial complex must also be dismantled. There must be a simultaneous rebuilding of the decimated communities and the barriers that hinder a level-playing platform for ethnic minorities, withdrawn. [5] Week 7 - Government Expansion for National Security The intelligence dilemma in the US law enforcement is all about communication and information sharing. With expansion of the executive powers from the traditional to state/local authorities is a feasible alternative in building an effective line of defense against probable terrorist attacks or curbing their activities. But the problem concerns the perceived hindrance in discharge of the present duties and obligations of officers of the respective levels. There are also questions whether these expansion plans would result in the loss of civil liberties or violate the US constitutional structure. But these can be sorted out if the law enforcement and information gathering agencies work in conjunction. As the information gets shared across the board, threats on the local levels can be addressed. The feared loss of civil liberties can be protected by the USA Patriot Act, where communication lapses can be alleviated. They can survey, interview and interrogate only the probable suspects that will be greater transparency in operations. The objective should be law enforcement based on efficient information gathering which can be only attained with sufficient information sharing on all levels. The concept of ‘protect and serve’ must be the criteria through gathering maximum information, simultaneously ascertaining the credibility of the same. [6] Week 8 – Should the Department of Homeland Security better function as a decentralized system? The Department of Homeland Security is a unified national effort to ensure the security and freedom of the country. Initially created to prevent disruption to the American way of life, the charter also seeks to thwart all possible hazards and disasters. It calls for utmost confidence of the citizens on the state’s intent. The mission of the 2008 strategic plan is to enhance the operational effectiveness in proper delivery of the services that are in conjunction of the department’s mission. The strategic progress and program success is regularly monitored. The centralized and integrated operational procedure works on a cohesive management program. Through securing the lives of the American people, the DHS also seek to protect the strength of the economy. [7] Being flexible and working as an integrated response team that is equipped to face all hazards be it from terrorist attacks, illegal immigration or trades, it requires focus on honoring the nation’s liberty, democracy and diversity. This can be achieved through flexible approach giving due importance to the relationships built amongst partners, customers and above all with each other. And, this works better in a decentralized environment characterized by effective communication. All the objectives of ensuring a secure America requires each of the law enforcement authorities to work in tandem through encouraging innovative opportunities that fosters an environment of growth, development and progress. Vigilance also can be enhanced when agencies of all levels share information. Further, risk management techniques and developing a culture of preparedness can function optimally when trust is built through intensive collaboration and partnerships at the right levels. This enhances accountability while building a successful response team that is well-equipped to safeguard America. Reference Links: [1] http://www.library.gatech.edu/security/privacy.PDF [2] http://www.ncjrs.gov/pdffiles/ncpc.pdf [3] http://ww2.justanswer.com/uploads/WNYJ/2008-06-22_130843_Excessive_Police_Force.doc [4] http://www.lermanet.com/nfwl.htm [5] http://www.drugpolicy.org/about/position/race_paper_econ.cfm [6]http://www.associatedcontent.com/article/1190464/government_expansion_for_national_security.html?cat=17 [7] http://www.dhs.gov/xlibrary/assets/DHS_StratPlan_FINAL_spread.pdf Read More