Crime Behavior And American Law Enforcement - Term Paper Example

Crime Behavior And American Law Enforcement Abstract This paper is an update on the Criminal Justice System in America. It provides an overview of a system whose aim is social order through constitutional structures of law enforcement, the courts, and correctional rehabilitation. Criminality in the U.S. is perceived to be the worst in the world, although this may be explained by a large population which is the third largest in the world, added the fact that it is a melting pot of many races and cultures. On theories surrounding criminal behaviour, most modern scholars prefer to ascribe socio-economic factors rather than genetic influence on criminal behaviour. On law enforcement, no less than the U.S. Supreme Court upholds the policy for the use by police operatives of deadly force within the reasonability of the circumstance of danger. Meanwhile, U.S. courts suffer heavy congestion of cases, while incarceration is extremely high with 1/31 American adults languishing in jail or are on parole. Studies support the use of treatment modalities, while juvenile delinquency is recognized a precursor of criminality in adulthood. All in all, there is much to laud in the American criminal justice system, although great challenges lie ahead owing to the multi-racial character of the nation which breeds both problems and gains in terms of what genuine republican democracy can achieve. Introduction As the purveyor of republican democracy in the world, America is founded on its citizenry’s freedom of choice. Paradoxically, the vast opportunities for freedom also open the freedom for citizens to make unwise choices, such as by committing crime. This phenomenal situation has naturally spurred journalistic and in-depth writings on the varied issues surrounding crime and justice in the country. The subject of criminal justice, however, is so vast since it encompasses the major facets of criminal behaviour, law enforcement, the courts, and the correctional institutions. A summative overview can be most helpful, and this comprises the aim of this study. Method This paper adopts the descriptive design applied by way of content analysis of information and data drawn from book abstracts, studies, articles and encyclopaedia materials from Web publications. Statistics from studies and other sources are used within the proper limitations and contexts wherein these data have been obtained. CRIMINAL JUSTICE Discussion Crime and justice A year ago, the Federal Bureau of Investigation reported a decline in the crime rate, inclusive of violent and property crimes (Blue Wave News, 2009). However, the rate decline is minimal, while data point to 12 million crimes committed in the U.S. each year, considered to be the worst in the world (The American Dream Archives, 2010). In response to the high incidence of crime, the criminal justice system in America maintains social control by deterring criminal activities and imposing penalties for violation of punishable laws. In the U.S., criminal justice is guided by the 1969 Common Law Enforcement and Administration of Justice Policy, which invokes the need for a systems approach to criminal justice through constructive coordination among law enforcers, the courts, and correctional agencies (Wikipedia). Undeniably, criminal justice in the U.S. bears much promise, although great challenges arise due to the fact that the United States has more than 310 million population, the third largest in the world after China and India. It is also a multi-racial society, a melting pot of races, attitudes and mores (Geography, 2010). CRIMINAL JUSTICE Genetics and crime Cesare Lombroco, founder of the Italian School of Criminology, taught that “criminal behaviour is the product of biological factors, including race.” (History: Anthropological Criminology, 2006). Actually, his theory has been disputed by other scholars. Scholars starting early in the 20th century give preference to the theory that social and economic circumstances, not genetic influence, are the crucial factors which lead to criminal behaviour (Mednick, 1987). The danger of racialization was also raised, as stereotypes such as the “criminal black man” are created, neglecting to see social structures which lead to the deprivation of rights and privileges from ethnic subcultures in the country (Academon, 2010). Law enforcement The Department of Justice is the largest law enforcement agency in the country, comprising such agencies as the Federal Bureau of Investigation, the Drug Enforcement Agency, and the Department of Homeland Security. Law enforcement sees to the safety of the community and police officers, following federal constitutional standards which allow the police to use deadly force to defend himself, a home, a place of business, and possessions. In 2008, the Division of Criminal Justice in Connecticut was prompted to investigate the use of deadly force after several litigations were filed against law enforcers and their police divisions (The Lecture Law Library, 2008). Litigants argued against the need for the use of deadly force, such as in the case of a police officer using a car to strike and seriously injure a CRIMINAL JUSTICE suspect fleeing on foot. However in a landmark decision, the U.S. Supreme Court upheld “reasonableness at the moment” for the use of deadly force, adding that police enforcers have no constitutional duty to use non-deadly alternatives such as blocking the suspect with the car, using a canister of CS gas or calling a K-9 unit. To prevent future litigations, procedural guidelines and training have been initiated in order imbue positive goals and attitude among law enforcers in their legal duties to protect the community (Wadman, 1993). On the issue of gun availability and homicide victimization, cross sectional studies of U.S. cities, states and counties show that households with firearms are at a higher risk for the commission of homicide. While no studies have proven direct causation, the evidences presented were consistent with the hypothesis that an increase in gun prevalence coincides with increases in homicide rate. (Science Direct, 2004). The Courts The American dual system of courts is comprised by the federal and state courts. Drawing jurisdiction from Congress and the Constitution, the system’s Charter of Excellence upholds shared professional identity, as well as ideals and goals in providing fair and impartial justice (U.S. Courts). CRIMINAL JUSTICE In the proceedings of the courts, the judges, juries, and government prosecutors are obligated by the values of integrity, civic participation and humanist idealism, although the high rate of congestion caused by the massive load of court cases remains unresolved. . Correctional institutions During the American colonial period, confinement of criminal offenders was rarely done. More common practices were flogging, branding, mutilations (removing of ear and nose), and hanging. In contrast, the post-revolutionary period introduced humane forms of punishments in the penitentiary system. Prisons were renamed correctional institutions, giving stress to rehabilitation by way of programs, such as counselling, therapy, vocational training, and college education. The contemporary correctional system looks towards modernizing prison facilities, while declaring unconstitutional SUCH conditions as idleness, overcrowding, poor medical care, substantial violence, and the denial of prisoner rights. (Cullen, 2010). Treatment modalities were also introduced to serve the needs of prisoners especially former drug users and sex offenders. Cognitive-behavioural, psycho-educational, relapse prevention, and pharmaceutical treatment models were applied. In the 1900s, treatment modalities were criticized by critics who alleged that these were ineffective. More recent analytical studies, however, show that the implementation of the treatment was to blame (e.g. CRIMINAL JUSTICE badly conceptualized mode of delivery), while the modalities deserve to be an integral part of the correctional system (Guardian Report, 2010). On the negative side, human rights groups decry the extraordinarily high rate of incarceration. Data show that 7.3 million are either in jail and prison or on probation which account for 3.2% of adult population or 1/31 adults (Wikipedia). Juvenile justice system In the adolescent age (13-17), some youths go through antisocial behavioural peaks committing crimes such as theft, vandalism, and minor assaults. Juvenile delinquency is defined as “antisocial or criminal behaviour by children or adolescents” (Juvenile Delinquency, Answers.com). It is recognized as a common precursor of criminal behaviour in adulthood, although studies show instances of a lull among delinquents in criminal activity resulting in mature social behaviour in adulthood. Various theories have attempted to explain juvenile delinquency along determining individual differences of youths, importance of social control, and heterogeneous influences to delinquent activities. More recently, sexual assaults have become a growing concern in the country with an estimate 1/5 of all rapes and ½ of all cases in child molestation committed by adolescents (High Beam Research). CRIMINAL JUSTICE Proposal for the correctional program The rehabilitation policy in the correctional system is laudable, although there is no integration between the reform and treatment of prisoners. In this light, it is proposed that the educational thrust take the focal role in rehabilitation by way of: Setting up an educational academy in each major prison facility; The correctional program shall be patterned after seminary formation in which future clerics live-in for as long as 9 years, attending rounds of classes with week-end rest, afternoon sports, leisure, visitation, etc.; The education curriculum will adopt the novel discovery learning methodology (constructive, creative, cooperative, higher thinking skills learning); Lifelong learning courses shall be offered, such as basics in penmanship writing (much like Japanese youths acquiring the art of character scripting), developmental reading, manual typing skills, speech (parliamentary procedures for leadership), critical history, simple correspondence/report/ literary/blog writing, etc.; Vocational courses of choice shall be offered to include automotive repair, drawing, painting, voice/instrumental music, dance, and drama; In Japan, prisoners work and earn supported by Japanese corporate firms. This program can be adopted, providing a reward system for inmates until they complete their prison term. References Aggression and Violent Behavior (2004). Retrieved from http://www.sciencedirect. Com/science?_ob=Article URL&_udi=B6V#7 Conflicting theories based on nature vs nurture. Academon Term Papers and Essays Retrieved from http://www.academon.com/cause-andEffect-Essay-Causes- of-criminality/13032 Deadly Force and Home Defense. Retrieved from http://blogs.findlaw.com/blotter/ 2009/09/deadly-force-and-home-defense-texas-mankills-2-teens-html Deadly Force Reform in Public Policy. Retrieved from http://www..ectlaw.com/ Files/cjs04.htm Incarceration in the U.S.. Retrieved from http://e.wikipedia.org/wiki/ incarceration_in_the_united_States Mednick, Sarnoff A. (1987). Genetic Factors in the Etology of Crime Behavior. Retrieved from justice 4victims.org/Documents/genetics%2520factors%2520i Modalities for drug-involved offenders. Guardian Reports. 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