The More Criminalization in the US - the More Crimes - Research Paper Example

Criminalization Introduction In the length and breadth of the United States of America, law makers are criminalizing everything that ranges from spitting to talk on a cell phone while driving a car. Due to tug of war amongst the politicians for criminalizing the bad attitude, new crimes are emerging at a faster pace putting the USA in danger of becoming a nation of criminals. Time has gone when maintaining criminal record amounts to something in terms of social stigma. At that time criminals did not face the society for their misdeeds. The society’s condemnation was a deterrent for many people who have the desire of choosing the path of criminal activities. Take the example of England and the USA where there was a sharp difference between the criminals and the negligent. At that time we found a thin line between the vagabonds and the stupid. It is the wonderful way of lawmakers to malign the opponent on the burning issues. When the cell phone became a public nuisance with the passage of time, a new crime was emerged. Some of the few crimes are a) horn honking without justification, speaking loudly and shout loudly on a cell phone besides driving in the absence of a seat belt. Caring of child and pets are enough to make their abuse a crimei. Criminalization of Pregnancy According to a report published the other day, large number of women have been incarcerated, convicted and detained in mental institution as a result of "criminalization of pregnancy" which spreads over the last forty years. The other day, National Advocates for Pregnant Women (NAPW) indicated 413 criminal and civil cases in the 44 states inclusive of arrests, detentions and the deprivation of pregnant women's independence during the period of 1973 and 2005. They are expecting manifold increase in the days ahead. The report itself speaks that women were denied of their basic human rights e.g. right to life, independence, equal protection and due process of law for all and sundry based entirely on their pregnancy statusii. Further digging by the mentioned organization indicates sizeable cases where pregnant were incarcerated and detained till ending of pregnancy besides suffering un- intentional pregnancy loss. The above report published number of forced medical intervention cases which includes a judge in the state of Ohio who sent a woman to the prison on the charge of abortion. Criminalization of Homelessness In the recent past we have witnessed promulgation of acts of living laws which does not allow sleeping, eating and sitting in the public places. The local governments are showing zero-tolerance towards homelessness in order to cut down the visibility of homelessness within their communities. It is the desire of homeless people to treat them with dignity, grace and support as provided to others. The beauty of Criminalization policy is to marginalize irrespective of men or women who are suffering from homelessness. The disrespect of mentioned communities will add fuel to the fire. We find number of evidences as an alternatives to the policies which have the capacity to adequately balance the requirement of all stakeholders. People from different segments since experiencing homelessness find themselves in a better position to give solution to the problemiii. To overcome the cited problem there is a need to increase public resources to carry out criminalization measures. Those who are in the judicial custody for violating act of living in public places amounts to acquired criminal records, resulting in numerous hurdles in finding employment and thereafter career growth due to criminal background. These policies are adhoc solution to the problems of homelessness. Creating hurdles in the wary of individuals to come out successfully from painful miseries is not the lasting solution of homelessness. Criminalization of Corruption The world where we are living in engulfs with mounting corruption, injustices, unjustified distribution of resources and economic downturn. The masses have to pay the cost of corruption through their noses. It hit mainstream of economy and the people lost their confidence in their governments and the writ of law. For decades, the USA is taking lead to fight against corruption. To take the bull of corruption by the horn, the Foreign Corrupt Practices Act introduced in the year1977 should be implemented in letter and in spirit. The domestic law bans Americans from greasing the palm of foreign officials. In order to provide level field to all, it encourages its allies to follow the suit in terms of mentioned Act. To make anti corruption law more effective and meaningful, OECD anti-bribery Convention was signed in 1997 and enforced in 1999. The remedial measures in the eyes of Transparency International to weed out corruption are “the gold standard”iv. The convention in question is the first or perhaps the last convention to deal with the corrupt practices on the side of supply. The convention convinced non member countries such as South Africa, Bulgaria and Argentina. However the remaining non-members namely China and India have taken concrete measures to be in line with the internationally recognized standard, rules and regulations very close to the existing OECD’s convention. Now it is the moral duty of the left over signatories to consider the requirement of Anti-Bribery Convention. The apex power of the World which holding the chair of Steering Committee of the OECD at the Global Level relating to Transparency and Exchange of Information meant for Tax objectives.  In the year 2000, G20 created a platform to eliminate safe hides of corrupt practices. The 95 members of the mentioned convention striving hard to curb illegal practices through exchange of information which would be helpful in combating tax dodging, bribery, terrorism based financing and the laundering of money. Hence, approximately Six hundred tax related documents so far have been signedv. Criminalization of Child Abuse Of course there are difficulties in enforcing the laws of child abuse. It is correct that criminalization of child abuse is must to deal with this issue in its true spirit. At present child offenders are being punished under the general rules and regulations. The specific laws in this respect should be introduced. The family of abusive child is disturbing in view of its peculiar nature. However in case of child abuse, the family of the child has the right to invoke competent jurisdiction to punish the offender so that others are discouraged to adopt this path. The law in vogue may have its own effects on the defendant in terms of cost incurs in the litigation. Crimes against the child are seldom proving. It is true that initiation of legal course of action against the offender always considered as an expensive and time consuming exercise. It will shake the confidence of affected family in the legal system of the United States of America. However the fear of prosecution may deter others not to join hands and heads with the criminals. The ideal solution to the problem lies in the available statues. To prosecute the offenders in a competent court of Law under the above scenario is not feasible. In the meantime, the illegality of child abuse can be publicized in print and electronic media to deter othersvi. Criminalization of Drug Usage As far as the misuse of drugs is concerned, United States of America is on war footing. No doubt the war of the USA spreads over a century.  Four elected Presidents have closely monitored war against the usage of illegal drugs. It is unfortunate that despite spending of millions to eliminate this menace, the USA and its allies still far away from the desired objectives. Drug abusers have extended its tentacles to important locations like courts, prisons and the hospitals. The nefarious trade of drugs caused violent crimes in the United States of America and other parts of the globe alike. There may not be divided opinion about the Children of drug abusers badly neglected, abundant and abused.  Under the cited scenario, the only benefactor in this war is non-other than the organized criminals and drugs pushersvii. Keeping in mind the not very encouraging results of war against crime, the USA is striving hard to introduce criminalization for the use of drugs. The government is totally failed to address identified menace despite spending millions of USD in an effort to root out corruption. The law enforcers and other agencies that are battling with this menace since long and do not find remarkable change in the availability of drugs. Being the expensive product in the black market, enforcement of drug laws proved ineffective in the face of high cost. Therefore, existing laws in this respect should be more stringent. Meanwhile, USA needs to earmark its spending to health, educationviii. Crimes in African American Crimes in African American origin can be gauged with the number of prison inmates which has been increased from 0.300 million to more than 2 million within a shortest period of time. It means that the crimes in USA are rampant. The black and the brown guys treated as bad guys hence enjoy the status of second class. There is no justifiable explanation is available on the mentioned increases in the crime rates. It has two folds over the last couple of decades. If we sort out crime rate, we will surely find a major chunk of drug offencesix. The war against drugs is deadly against the backdrop of merciless use of tanks and rocket launchers from either side which sweeps the population of entire locality. The crack down operation is exclusively launched in poor localities where people of all colors and creeds are residing. They sell illegal drugs at a very affordable price. The other side of the coin is that the whites are more involved in this shady business as compared to their black counter parts. It is alarming on the part of American States that its use is increasing day by day amongst the African Americans. Perusal of the published report indicates that the most frequent visitors of emergency center for the cure of drug related dieses are Whites as compared to African Americansx. Visitors of rehabilitation organization to the prison confirm that the prisons are filled up with black and brown drug offenders. In some States of USA the inmates of prison are no less than 80 to 90 percentxi. Criminalization of Mental Illness Frequent Research by the concerned organization indicates consistent increase of mental illness. The chances of criminal activities are bright in the people who are mentally unsound. He or she may be prosecuted for offences under the influence of drugs. The majority of arrests in question are relevant to the crimes e.g. causing disturbance, theft, mischief and non appearance of the defendants in the court of law. The credit of mass scale arrest goes to public and not to the law enforcing agenciesxii. The reported figure of mentally retarded people is around 15 to 40%. Conclusion In order to effectively handle the highlighted issues, it is incumbent upon the law makers to make exemplary laws, rules and regulations to weed out illegal practices in and around the United States of America. If these issues are not taken up seriously there are all the chances that the crime rates will break all its previous records. To make anti corruption law more effective and meaningful, OECD anti-bribery Convention was signed in 1997 and subsequently enforced in 1999 by the member states. The remedial measures were applauded by the Transparency International in the following words “the gold standard”. The 95 members of the OECD convention should play its due role and strive hard to curb illegal businesses by exchanging material information to pave way in dealing with the tax dodgers, bribers, terrorists, drug dealers, child abusers, corrupt politicians, money launderers and the corrupt government officials. To take into account the delicacies of the issues, so far number of agreements has been signed by the member statesxiii. It would be in the fitness of things if aforementioned problems will be dealt according to criminalization procedures. Good governance, exemplary punishment to the offenders and the writ of government are the strong tools in eradicating the illegal activities. Works Cited Read More