Some Cases in Criminal Justice - Case Study Example

Criminal justice Insert Criminal justice Graham Vs.Connor Case no. 87-6571 it was argued 21 February 1989 and decided 15th may1989, the petitioner Graham, a diabetic was from a store to purchase an orange to counter insulin reaction. When a police, the respondent, Connor handcuffed him, due to his condition he sustained injuries. After he was released he filed a suit 42 U.S. C 1983 against the respondent, alleging the use of excessive force. The district court granted the respondent a motion to allow Graham to provide evidence for the use of force. The court of appeal further affirmed stating that the alleged excessive force was not constitutionally excessive as he implied. The decision held under the fourth amendment insists on objective reasonableness. Graham v. Connor (1989) Retrieved from http://www.4lawschool.com/criminal/connor.shtml Bail Bond Recovery Agents Bail recovery agents act as guarantors to the court that the defendant will be physically present at the hearing of his or her trial. The bondsmen are usually paid a fee that is about 10% of the bond. However, they have to obtain collateral from the defendant as form of the bond risk. The bondsmen are given a right to re-arrest the defendant in case he or she fails to appear for a trial. The seizure is not a matter of process, but to bring the defendant back to custody and may pursue him or her in another state. The bail bond recovery agents are faced with the problem of search a defendant when he disappears hence may incur some loss on the disappearance and also after final judgment before remission of the bond when the principal dies this may lead to loss of the bond. According to Texas Code Crim. P. 17.19 a bail agent can obtain a warrant from a court before seeking to arrest a defendant, and a judicial warrant is mandatory for a forceful arrest to be effected. I think the bail agents have too much power. However, these powers need to be restricted like in the case of use of force to arrest maybe misused hence a violation of the codes of human rights. Fourth Amendment Issues: Arrest, Search & Seizure State and Federal Law Update (2004) retrieved from http://www.yourhonor.com/dwi/sbm/sbm2.pdf Fugitive Recovery Network retrieved (2012) from http://fugitiverecovery.com/laws/texas.htm Texas Court System In Texas, there are two basic courts, the trial courts and the appellate courts. In the trial courts the witnesses are heard, evidence exhibited and a verdict is reached in relation to the facts of the case. It has one judge. Appellate courts in Texas hear appeals in cases first tried in the trial courts. No evidence is heard and the decision is made by a panel of judges. The Supreme Court of Texas is composed of nine judges. Cases determined by the Supreme Court come as appeals from decisions by one of the 14 courts of appeals in Texas. Appeals from Central Texas cases are generally from the Austin-based Third District Court of Appeals. Each year the Court decides approximately 3,000 appeals and other legal matters. The Supreme Court also oversees the business of courts throughout Texas, oversees the conduct of Texas lawyers Death Penalty Kennedy v. Louisiana US Supreme Court, 554U.S June 25, 2008, the Petitioner Patrick Kennedy was found guilty and sentenced to death in Louisiana for raping his 8 year-old stepdaughter. A Louisiana state law authorized capital punishment for the rape of a child under 12. The Supreme Court concluded that the Eighth Amendment prevents people from implementing the death penalty for the rape of a child where the offense did not result, and was not planned to result, in the victim’s death. This happened after a jury trial petitioner was found guilty and sentenced to death under a state law authorizing capital punishment for the rape of a child less than 12 years of age. The death penalty is not the right way to correct offenders but I would recommend that laws to be amended to prevent this. Death Penalty (2012) http://deathpenalty.procon.org/view.resource.php?resourceID=001769 Texas Codes for Death PenaltyAccording to Texas penal code art.37.071 death penalty is usually applied to capital felonies committed. Sec.1and 2 states if the defendant is found guilty in a capital felony case and the state seeks the death penalty, the court allows a separate court proceeding where the state and the defendant or the defendants counsel shall be allowed to present case for or against life incarceration. If the state jurors votes in uniform for the death penalty, then the penalty is validated. Code of Criminal Procedure retrieved from http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.37.htm#37.071 Federal Bureau of Prisons There is a total of 217,247 in the federal bureau of prisons inclusive of 176,718 inmates in the BOP facilities. There are about 93.5% male inmates compared to 6.5% female inmates. More than half are the whites (59.1%), blacks 37.4%, Native Americans 1.9% and the Asians are 1.6%.34.7 percent are Hispanics. The security level assigned includes 38.8% to the low, medium 28.8%, high 11.0% and 4% unclassified. The inmates have an average age of 34 years. Most of the inmates are citizens of the United States (73.3%), 18.4% Mexicans, Columbia 1.1%.dominican republic 1.2% and 5.3 % are unknown.58 are sentenced to death, 3.0%life imprisonment, 28.9% 5-10years, 20.3%10-15years.most of the inmates have committed drug related offenses (48.5%) and the other percentage divided among users of weapons and arsons, immigration, robbery sex offenses, burglary, homicide and other miscellaneous. There are several institutions of confining offenders in the right way. They are subdivided as per the security level accorded. Federal prison camps (FPCs) also known as the minimum security, they are characterized by dormitory housing, low staff-to-inmate ratio, and no fencing. They are mainly based on provision of labor to larger institutions. Federal correctional institutions (FCIs) also known as low security, double fencing, they have cubicle housing or dormitory, stronger in work and programs, and their staff-to inmate ration is higher than in minimum facilities. The medium security lives in cell-type houses, strengthened security, a wider variety of work and programs and greater internal controls. USPs United States Penitentiaries the high security institutions have a highly secured fence, many single cell housing, highest staff-inmate ratio and close control of their movement. There is an also administrative center which deals with special cases of the inmates such as the medical centers which confide inmates who needs treatment. Federal Bureau of Prisons (2012) Retrieved from http://www.bop.gov/locations/institutions/index.jsp Lengthy Segregation of Violent Inmates Violent inmates are usually isolated in small windowless cells where food trays pass through the door slots. There is barely any any human interaction. The inmates who are subjected to lengthy segregation are the most violent inmates despite the lengthy segregation meeting human rights critics. Lengthy segregation is appropriate to inmates who have been proven to be dangerous to the population. I think there should be no other alternative except the lengthy segregation because having proven to be dangerous to the people they need to be separated from humanity. This segregation is mostly done in the UPSs higher security institutions. Maria Godoy (2007) Q&A: Solitary Confinement & Human Rights retrieved from http://www.npr.org/templates/story/story.php?storyId=5586937 Medical Castration as a Condition of Parole for Sex Offenders Medical castration is the removal of the testicles and the ability of one have sexual feelings. Citing the Texas Gov. Code 501.061 repeat sex offenders of child under 14 years may choose to have medical castration. I think castration is the best method to punish sex offenders because most sex offenders after their jail term they usually repeat their actions. In that to reduce these cases, the offenders should be subjected to medical castration such as orchiectomy. Sandra Norman-Eady (2006) Castration of Sex Offenders, Retrieved from http://www.cga.ct.gov/2006/rpt/2006-R-0183.htm Juvenile Justice The OJP 2012 plan has been initiated in the U.S which describes ways in which justice form juveniles is going g to be achieved .it has crusaded many training and assistance initiatives to juvenile justice.The plan through a number of bureaus has supported programs and services that assist the communities in planning and implementing justice issues. It has also support a number of activities on juvenile jurisdictions such as holding juvenile offenders accountable for their actions. It has also helped in the introduction of the technology in cases jurisdiction. OJP 2012 Program Plan: Resources for the Criminal Justice and Juvenile Justice Fieldhttp://www.ojp.gov/ProgramPlan/toc.htm Non-Lethal Weapons Nonlethal weapons are weapons used to restrict or control somebody such as in case of a riot or when a police wants to threaten a criminal. They include the following; Tear gas (CS gas) is used by police and riot control forces. It has effects on the person’s membranes and also causes irritation to the eyes, lungs and even the throat. However tear gas has a limitation, that the victims should be closely monitored to avoid further complications. Chemical spray has been in use as a non-lethal weapon, the sleeping gas. After the individuals have been sprayed with the chemical they fall asleep before realizing their condition. It’s used by police to hunt down the criminals at the disposal. Daser laser a non lethal weapon which has been innovated. It’s a light emitting weapon that is used by police to the targeted individuals. It emits a bright green laser beam which causes visual confusion, disorientation and nausea. Its effect can be felt even with closed eyelids and the nausea last for four after exposure. I think in the near future the police will be using daser lather to control riots or to restrain a criminal because their effects last for a short period of 4 hours. Loz Blain (2010) `Dont daze me, bro! Police experiment with non-lethal Dazer Laser’ retrieved from http://www.gizmag.com/dazer-laser-police-trials/15872/ Joseph M. Suhajda (1997) Non-Lethal Weapons for Military Operations Other Than War retrieved from http://www.globalsecurity.org/military/library/news/1997/suhajd~1.htm Reference List Graham v .Conor (1989) Retrieved from http://www.4lawschool.com/criminal/connor.shtml Fourth Amendment Issues: Arrest, Search & Seizure State and Federal Law Update (2004) retrieved from http://www.yourhonor.com/dwi/sbm/sbm2.pdf Fugitive Recovery Network retrieved (2012) from http://fugitiverecovery.com/laws/texas.htm Death Penalty (2012) http://deathpenalty.procon.org/view.resource.php?resourceID=001769 Code of Criminal Procedure retrieved from http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.37.htm#37.071 Federal Bureau of Prisons (2012) Retrieved from http://www.bop.gov/locations/institutions/index.jsp Maria Godoy (2007) Q&A: Solitary Confinement & Human Rights retrieved from http://www.npr.org/templates/story/story.php?storyId=5586937 Sandra Norman-Eady (2006) Castration of Sex Offenders, Retrieved from http://www.cga.ct.gov/2006/rpt/2006-R-0183.htm OJP 2012 Program Plan: Resources for the Criminal Justice and Juvenile Justice Field http://www.ojp.gov/ProgramPlan/toc.htm Loz Blain (2010) `Dont daze me, bro! Police experiment with non-lethal Dazer Laser’ retrieved from http://www.gizmag.com/dazer-laser-police-trials/15872/ Joseph M. Suhajda (1997) Non-Lethal Weapons for Military Operations Other Than War retrieved from http://www.globalsecurity.org/military/library/news/1997/suhajd~1.htm 4ward ever U.K retrieved from http://4wardeveruk.org/2010/09/death-sentence-for-convicted-briton-in-flawed-trial/?lang=sw Read More