Criminal Justice in Texas - Essay Example

Topic: Criminal Justice in Texas Part Texas Board of Criminal Justice (TBCJ) is the umbrella agency under which all prison and prisoners’ related activities are organized. The organization comprises nine non-salaried members appointed by the Governor for six years at a stretch. All functional responsibilities are delivered by the Texas Department of Criminal Justice (TDCJ). Headquartered in Huntsville and jurisdiction over state correctional facilities, parole and probation, TDCJ, the agency has about 38,000 employees working in the state of Texas. The Texas Department of Criminal Justice (TDCJ) manages offenders in state prisons, state jails and private correctional facilities that contract with TDCJ. The agency also provides funding and certain oversight of community supervision (previously known as adult probation) and is responsible for the supervision of offenders released from prison on parole or mandatory supervision. During my visit to the Huntsville Office of the Inspector General, which is situated in Lake Rd. Suite 5, Texas, I have decided to talk to John Moriarty, Inspector General on his role and responsibilities. He is an important actor of TDCJ. A prior meeting was fixed with Mr. Moriarty. I reached in his Huntsville office at the scheduled time. Mr. Moriarty gave me a warm welcome. He heads the Investigation Department, which conducts investigation into the charges of grave bad behavior by employees and criminal breach on the organization property where interests are at risk by any violation. Smuggling of drugs and other goods not permitted in jail premises also comes under the investigation of the Office of Inspector General. Interview was conducted in quite ambiance. The first question I asked to Mr. Moriarty was: Question: Sir, Where do you stand in the hierarchy of ranks in the TDCJ? Mr. Moriarty: My position of Inspector General is directly answerable to the Chairman, TBCJ, as you can see in the chart behind on the wall. (Mr. Moriarty turned his face towards the wall showing the chart, outlining the organization structure). Question: Sir, does your office have a mission of its own or it is what has been outlined for TDCJ? Mr. Moriarty: Being independent of other departments, the mission of my office reflects its duties in working as a coordinating and communicating bridge between TBCJ, executive management, and investigating charges besides checking compliance with regulations and policies of the TDCJ. It is also our aim to see that the laws of the State of Texas are adhered to by the TBCJ. Other than that, we investigate waste, fraud and abuse of tax dollars in the agency. We are also a part of Joint Home & Defense initiatives of the Governor’s office and the FBI. Question: Sir, Why is it that no worthwhile social program in the prison of Texas being run by your office? Mr. Moriarty: It is wrong to say like that. Our Crime Stoppers “Behind the Wall” is a program that covers all the untapped information. It is being run with the other law enforcing agencies and Crime Stoppers chapter, which is locally active. The history of “Behind the Wall” goes back to 1984 when TDCJ agreed to the Advisory Council’s request, permitting prison mates’ non-monitored communication for getting crime solving information. Question: Sir, What information do you have on cattle rustling? Mr. Moriarty: Cattle rustling are theft of cattle. The menace has been on the increase of late. We are trying our best to nab the culprits. Question: Sir, why the success rate in capturing the culprits is so low? Mr. Moriarty: We are making the law stricter for punishing the thieves so that it acts as a deterrent. Rustlers will face a stiff penalty depending on the number of cattle stolen. Earlier, it used to be not as harsh as by changing the legislation, we have made the law stricter than before. Penalty for stealing 10 or below cattle heads will put the thieves behind bars for a couple of years. If the number of cattle theft crosses10 heads, third degree punishment will be awarded; this is 10 years behind bars. We are concentrating on areas of Harris, Fort Bend, Galveston and Brazoria counties more, where small theft operations are common. Our field inspectors are working their best efforts to Question: Tell us something more on the functions of Office of Inspector General. Mr. Moriarty: We mainly look into the investigation component of the agency beside Administrative Support and Programs Department. I have already briefed you on our initiative program on Crime Stoppers “Behind the Wall”, which has become an organization in itself. We see to it that different laws and regulations are being enforced or not. TBCJ takes appropriate action at our recommendations. All matters of importance for the state of Texas and TBCJ when requested are investigated. Of interest is our monitoring of a task force, which investigates into organized crime of prison gangs in the state, by working in collaboration with federal law enforcement agency situated in Texas metropolitan areas. We are 24 hours of a day at the call of all Texans to help them from anti-social elements and criminals. At these words of Mr. Moriarty, I got up from the chair to say thanks for giving his time on my research initiative and wished him best of luck for success in all prison reforming, administrative and investigating functions. Part 2: Problem Analysis Report Introduction My visit to the Office of Inspector General enlightened me on the problem of cattle rustling. It aroused a curiosity to analyze into the reasons, depth of the problem, its effects. In my meeting with Mr. Moriarty, in his office at Texas State Prison at Huntsville, Texas, he provided a brief on the problem and action taken by the field staff besides making the law stricter for thieves of cattle throughout all the states. Texas State is a big such facility for keeping prison inmates. Office of the Inspector General (OIG) that I visited is a significant division in investigation for application of different laws and regulations, as well as, in checking investigative and audit methods. At its recommendations, TBCJ takes suitable measures. Being a researcher, I wanted to know the problem in all its different aspects. The building where the Office of the Inspector General is situated can be easily reached. Outside view of Texas State Prison at Huntsville is majestic. I got an appointment with Mr. Moriarty who briefed me on the activities and functions associated with the Office of Inspector General. His post is directly responsible and answerable to the Chairman of TBCJ. The Problem The problem of cattle rustling has increased out of proportion in the last few years. Let’s try to gauge its acuteness by measures taken at state level. Government is so concerned about it that the Senate has cleared a bill on Seliger cattle theft. As a result penalty for cattle theft will become harsher than before. According to reports by Associated Press, the bill has provision to award stricter penalties to farm cattle stealers to be punished third degree by 10 years’ sentence and a fine of up to $10,000. The bill was passed by a majority of 29 to 2. It shows the gravity of the situation. As per the news, the legislation will shift to the Texas House, which has the provision of penalty crossing the limit of $20,000 in case the number of cattle heads – sheep, goat or swine crosses 10 or more cattle heads. The problem has surmounted in the past years. In the year 2007, 2,400 head of cattle were stolen, which got skyrocketed in the year 2008 to 6,404. Reasons of such a rise in cattle theft are not difficult to identify. Experts of the problem blame it on poaching by the adjoining state of Oklahoma, Louisiana, and New Mexico, the reason being higher penalties there in those states. It is difficult to prove the crime as per Senator Seliger, “evidence is often eaten or done away with.” It is significant to know that the two Senators voted against the move as according to their argument, if a child prankster steals a cow, he will also bear the same penalty of 10 years’ imprisonment as a thief would bear. Economic downturn has also been cited a reason of increase in cattle theft in the recent years. One needs serious thinking on the punishment level as there should be some parameter to measure the gravity of situation; penalty should reflect the crime. You cannot send a thief to 10 years’ imprison for stealing a cow. There is some logic in the argument offered by the opponents of the bill. The value of an animal in money terms needs to be a consideration in deciding the penalty. For example, if it is $50, even then it is punishable by $10,000 and it would be considered a third degree felony. The current felony for cattle theft is 2 years’ state jail imprisonment at the maximum for stealing less than 10 head of cattle. Those who favor the bill argue that high penalty will work as a deterrent to cattle rustling. One cannot ignore the fact that had the current economic crisis been not so painful on the budget of masses, the rate of theft would not have been that higher. It needs to be acknowledged that there is a genuine problem of cattle rustling as theft reports are lodged. Most of the thefts take place on weekends when people are not home. Thefts occur daily when people go to their duties and when reach home in the evening, they find their cattle stolen. Thefts are happening in broad day light. Position of the Agency It is a matter of grave concern for the department of criminal justice as it is the responsibility of TDCJ to ensure safety and security of property. Mr. Moriarty, the Inspector General of TDCJ has assured that in the coming few months, rate of theft would decrease considerably because of stern action taken by the field inspectors as well as the effect of increase in felony. According to Larry Gray, director of law enforcement services for the Texas and Southwestern Cattle Raisers Association (TSCRA), the major investigating division in Texas for cattle and ranch related thefts, “Cattle market prices have been so strong lately that it has become quite lucrative for a cattle thief. Just think—for one trailer of cattle, you could be looking at $10,000-$20,000, and all theyre out is the gas of hauling them to the sale.” Larry Gray’s team of investigators have studied the areas of Harris, Fort Bend, Galveston, and Brazoria counties for catching cattle thieves where thefts have taken place when there was no one around. The State Rep. Glenn Hegar (R-Katy), who last session initiated legislation to better outline the statutory role of the special Texas Ranger division inspectors, agrees to the graveness of the problem, which is quite bigger than what was expected. People like David Murrell of Winnie are critical of the prevailing system after loosing 20 head of cattle and only two could be recovered. Solution to the problem Account ability of the inspectors should be fixed. System can serve better if it makes a condition to bring certified letters from the county clerk before cattle stock is sold. The number of staff inspectors deputed in the division should increase for better vigilance. Be vigilant to count your cattle many times a day. Change feeding time and places randomly and as far as possible, don’t pen feed animals. Avoid creating working pens straight away from lead roads. Brand your animals always so that they can easily be identified in sale barns. It becomes very difficult to recognize unbranded animals when they get mixed with the same breed at the sale barns. Most important, befriend with your neighbors. Good neighbors should know your vehicle, time when remain in home and expected visitors on the property where cattle are kept. Don’t hesitate to report any mysterious activity to the Sheriff any time of the day. As fast you report the matter, the chances of finding the lost cattle increase. When you are away from home for 12 hours, your cattle can move in opposite direction quite far, going beyond your reach, making recovery chances negligible. Timely reporting and surveillance can save time. Local law enforcement officials can be the best bet, so always inform them of any mischievous activity at once. Conclusion: Any issue of criminal tendency cannot be fought individually. Law enforcement agency TDCJ alone cannot fight the menace because of lack of inspectors force as area to be inspected is quite huge and funds are limited. Cooperation of the residents and developing good neighborly relations can be handy and work in the direction of deterring criminals in the fear of being caught. There is need for a second thought on raising the felony level. Economic depression will take at least some time to help people divert from stealing activity as a last resource to living. Communication gaps should be filled between the masses and the agency (TDCJ). References: Dave Montgomery. Texas Senate passes tougher penalties for livestock theft. Retrieved April 20, 2009, from http://www.star-telegram.com/state_news/story/1322708.html Horecka, Bobby. (2006, March 17) Cattle Rustling: As more and more Texans are learning every day, it’s not just a crime of the past. Retrieved April 20, 2009, from http://www.txfb.org/texasAgriculture/2006/031706/031706cattlerustling.htm Office of Inspector General. Investigations Department. Inspector General John Moriarty. Retrieved April 20, 2009, from http://www.tdcj.state.tx.us/inspector.general/inspector.gnl-home.htm Story. The Associated Press. (2009, April 17) Seliger cattle bill clears Senate: Penalties for rustling may get tougher. Retrieved April 20, 2009, from http://www.amarillo.com/stories/041709/bus_biz2.shtml Texas Department of Criminal Justice (2009) Organizational structure: Narrative description. Retrieved April 20, 2009, from http://www.tdcj.state.tx.us/orgchart/orgchrt-narrative.htm Read More