Texas Penal Code and Attempted Terrorism in the US - Essay Example

Criminal justice Insert Pretrial Publi   Despite the rules of court evidence, pretrial publi in television and newspapers has been repeated, that includes information that is sensational and crucial for a case, after the media comment the information on, it is considered unreliable for use in a trial. This has been in order to attract viewers and high sales of newspapers, which increases revenue of the media. The jurors by listening to such unreliable, irrelevant, or false information make are biased because they have been exposed to facts that cannot be admitted into evidence. This prevents for a fair trial.  The elite in the society are treated well despite their involvement in crimes this because they have money and hence can afford good lawyers who will defend them. The police will not tort the elite, in the fear of law, but the non-elite are treated unfair and nobody worries about them because they do not have the capability. Free trial v free press (2012) retrieved from http://crime.about.com/od/issues/a/blosu041226.htm Texas Index Crime Rate The crime rate which the number of crimes per 100000 people, it allows comparison of two periods. The Texas crime rate in 2010 was 4236.4 crimes per 100000 populations, a 6.0% decrease from 2009. Offense 2010 2009 %change Murder 1247 1347 -6.0 Rape 7626 8286 -8.0 Robbery 32865 38041 -13.6 Aggravated Assault 71561 74135 -3.5 Violent crime total 113,299 121,789 -7.0 Burglary 229269 240193 -4.5 Larceny-theft 654484 678340 -3.5 Motor vehicle theft 68220 76617 -11.0 Property crime total 951973 995150 -4.3 Index crime total 1065272 1116272 -4.6 The rate of crimes in Texas affects the freedom of individuals, in the fear of being attacked. Family violence and other social fights affect the family relationship and community harmony. The Texas crime report (2012) retrieved from http://www.dps.texas.gov/administration/crime_records/pages/crimestatistics.htm TEXAS PENAL CODE In Texas, crimes are classified into felonies and misdemeanors. According to the Texas penal code-section 12.03 misdeamor are classified into three categories in relation to their seriousness. While felonies are classified into  five categories, capital felonies, felonies of first degree, of the second degree, felonies of the third degree and lastly the state jail felonies. An individual found guilty of a class A misdemeanor is fined not more than $4000, confinement in jail not for more than a year or both. A person guilty of class B misdemeanor is fined not to beyond $2000, confinement in jail for not more than 180 days or both. While class C misdemeanor, can be fined but not to exceed $500. A person found guilty of capital felony is punished by life imprisonment without parole or death. First degree felony one is subjected to life imprisonment or a jail term not less than 5years and not more than 99years. In addition, he can be fined not to exceed $10000. Second degree felonies can be imprisoned for not more than 20years or less than 2 years. In addition a fine not to exceed $10000. A third degree felony is imprisoned for not more than 10 years and a minimum of 2 years and an addition fine of not more than $10000. A state jail felony  can be punished by a jail sentence of approximately two years and not less than 180 days.  Texas Penal Code (2012)  http://law.onecle.com/texas/penal/12.35.00.html  JUVENILE GANGS A juvenile gang is an association of peers that has a name, recognizable symbols, identifiable leadership, a territory, a regular meeting pattern and collective actions of illegal activities. Mainly the gangs are youths aged 12 to 24. Many of the youths may involve in aging when they are alienated from their community or even their families. They join to achieve togetherness and comfort. However, there are gangs that makes money by sale of illegal drugs hence attract others to been in such a gang for monetary gain. Some youths join the gangs because they want to be where they feel wanted and even if it is in the worst places hence ending up in gangs. A person may choose a life of crime if he feels rejected by his community or family, when who are alienated from people you think negative about humanity hence one wants to pay back human by involving in crimes. Crimes have monetary gain, hence most people enage in criminal activities to earn a livelihood. While others are naturally heartless, they usually enjoy when they have inflicted pain on other people hence they involve in crimes to achieve their satisfaction. One of the most effective tactic of preventing a juvenile from joining a gang is by providing a loving environment. Parents or guardians should provide a mutual relationship with their peers this makes them feel wanted and important to the family hence the thoughts of joining a gang is an obsolete thought to them. Youth and violence (2012) retrieved from http://www.ojjdp.gov/jjbulletin/9808/youth.htm Supreme Court of the United States REHBERG V.PAULK Case no.10-788 it was argued on November 1, 2011 and decided on April 2, 2012 this case sought to decide on a complaining witness in a grand jury proceeding whether he/she was entitled to same immunity as a witness who testifies at trial. The petitioners suggestion for immunity for grand jury witnesses did not create an insupportable distinction between states that used grand juries and those that do not. Furthermore, the petitioner agreed that it would make sense to distinguish for purposes of immunity between prosecutions brought about by a grand jury and those brought by the filing of a plaintiff. The lower courts had held that witnesses at a preliminary hearing are protected by the same immunity provided to grand jury witnesses. The court of appeal by the eleventh circuit held that a grand jury witness was entitled to the same immunity as a trial witness. Pinkerton Private Investigation Agency Pinkerton is a national private security that is a guard and detective agency. It was established in the U.S by Allan Pinkerton in 1850. Pinkertons perform services like security guarding to private military contracting work. It also has been much involved in the social aspects like providing guard to the factories where workers have gone on strikes .Lately, it is under the governance of Securitas AB.   FBI The federal bureau of investigation (FBI) is a law enforcement organization that focuses on the threats of the national security in the U.S. Its mission is to protect and defend the U.S against terrorist and foreign intelligence threats, to enforce criminal laws and provide leadership and criminal justice to the state. It has more than 35000 employees inclusive of special agents and support professionals. The FBI has 56 major offices located all around the United States in which the headquarters is located in Washington, D.C. It incurs more than $8 billion annually in its aim to counter terrorism. An FBI special agent, one must be a citizen of U.S or citizen of the Northern Mariana islands, and be aged at least 23 years but younger than 37years, the applicant must also possess a four-year degree from a recognized college or university  of the united states secretary of education and professional work experience of at least three years, he also must possess a valid driver’s license and lastly, for an applicant to qualify as an FBI special agent he must qualify in one of the such programs, accounting, computer science, language, law  or diversified. Federal bureau of investigation (2012) retrieved from https://www.fbijobs.gov/111.asp Job Opportunities in Law Enforcement The available jobs in homeland security are the posts such as airport security screening, customs agents and border patrol agents. I would like to apply for the post of customs and border protection (CBP) agents.CBP officers are involved in the prevention of entry of terrorists and terrorist weapons into the United States. The CBP agents have the following activities to undertake such as performing physical checks of travelers, cargo and even vehicles, inspection of travelers from other countries, inspecting ships, containers, cruise passengers and luggage, inspecting commercial trucks and working with other federal agencies. The Requirements for a Border Patrol Agent One must be a citizen of the united states, he also must possess a valid automobile driver’s license, have passed the CBP patrol entrance examination, must also have a background of experience in federal service, must have passed a urine drug test, he/she must be less than 40years at the time of selection and he must pass an oral interview that tests his/her ability to be a border patrol agent. Homeland security (2012) retrieved from http://federaljobs.net/Agencies/dhs.htm#Customs_&_Border_Patrol_%28CBP%29_Agents_ DNA IDENTIFICATION PROCESS DNA identification is involved in gathering and examining evidence of a crime. When a person touches a surface, there are left some invisible marks of his/her fingerprints. The fingerprint is unique for every person. The DNA is a molecule found in the cellular nuclei of living organisms. The scientists have recognized that it has a chemical structure that encodes all the information about that individual’s characteristics. (National Institute of Justice 2000, pp. 18–19; (van Oorschot et al. 2001) .There are a number of events undertaken DNA identification to produce appropriate results of the DNA identification process. First, there is isolation of the DNA which is extracted from the nucleus of the cells in tissue, since quality DNA samples are affected as the body decomposes. This should take 1-4 hours. Second, Quantifying, it is the process of determining the amount of DNA that has been recovered, it is done through several tests, but the targeted amount is one nanogram and if inadequate isolation must be repeated thoroughly. Then the polymerase chain reaction (PCR) is mainly involved in producing the exact copies of the specific DNA components this enables the analysis of even highly degraded DNA samples. This reaction is based on polymerase enzyme which breaks the double helix in the DNA molecule into two single strands. And the repetition of this process creates more DNA molecules. Lastly, the the process of capillary electrophoresis which is essentially an automated analytical technique. It mainly involves the separating of ions, which move at different speeds when a voltage is applied. They concentrate much on their area of peak, this develops a map of the person’s genetic composition. The acquired information is then used to compare with the suspects of the crime. The DNA identification has been used to investigate criminal cases like assault, kidnapping, rape and even murder. The credibility of the DNA evidence is quite essential in order to appreciate fair treatment of all the suspects. The collection and preservation even access to, and use of DNA evidence should be restrained to prevent inappropriate intrusion on privacy rights. There should be strict controls put in place from the time of obtaining the samples at the crime scenes, while in the testing lab and eventually when the evidence is obtained. The U.S has imposed some strict penalties to any individual caught tampering with the credibility of the DNA evidence. Senate Reports, Issues 1-39 United State . Congress government printing office, 2003 Standards on DNA Evidence, (2012) retrieved from http://www.americanbar.org/publications/criminal_justice_section_archive/crimjust_standards_d Van Oorschot et al. (2010) National Institute of Justice pp. 18–19  ATTEMPTED TERRORISM IN THE U.S On December 25, 2009 Umar Farouk Abdulmutallab attempted an attack in the northwest airline flight 253 that was heading to Detroit, Michigan via Amsterdam. Abdulmutallab had bordered the plane in Ghana through the assist of an old man without a passport. Although the issue brought concern until the managers were involved he still managed to get into the plane. It was noted that he spent about 20 minutes in the washroom dueing the last hours of the flight as it came close to Detroit; in return he came covered with a blanket. After a while the other passengers complained of a noise and foul smell; in that mood some saw Abdulmutallab’s trouser and the wall of the plane on fire. A passenger jumped to him and captured him as the other flight attendants extinguished the fire. In his underwear he had an explosive plastic powder which could have flamed the plane. Abdulmutallab was charged in a federal district court in Detroit for attempting to murder 289 people and placing a destructive device in a U.S civil aircraft. He pleaded guilty for sometimes until he lastly defended himself by saying that the Muslim allows one to undertake jihad. However, espite the attempts by defendants defense team on the removal of the life sentence because nobody was injured except him, Judge Nancy Edmunds of Federal District Court in Detroit sentenced Abdulmutallab to a four consecutive life sentences in addition to 50 years. Cited from Indictment in U.S. v Abdulmutallab, January 6, 2010 CBS News On July 18, 2008, Aafia Siddiqui was convicted of assault with intent to murder her U.S. interrogators in Afghanistan . After treatment in July 31, she was charged with assault with a deadly weapon and an attempt to kill U.S. personnel in the United States district court of the southern district of New York. She denied shooting or threatening anyone. Her trial lasted for fourteen days before a three day break was agreed before the release of the verdict. On February 3, 2010, she was found guilty of charges of attempted murder, armed assault, using and carrying a firearm, and the third of assault on U.S. officers and an employee. She faced a minimum incaceration of 30 years and a maximum of a life imprisonment due to the firearm charge, and could also have been sentenced foe 20 years for several attempted murders and armed assault charge, and 8 years imprisonment for consequent assault counts. Her lawyers requested for a 12-year sentence, instead of the life imprisonment verdict ruled the probation office. They argued her mental illness drove her actions when she tried to escape. On September 23, 2010 after an hour hearing in which she testified, she was sentenced to 86years in prison   by the federal Judge Berman in Manhattan. Bryan Neal Vinas  was caught while planning an attack on the long island rail road  commuter train in new’s York Penn station. He was convicted as he volunteered detailed information about the operation of the LIRR system to a senior of official of the al-Qaida to help a plan to bomb attack on the commuter train in New York’s Penn station. This charge carries maximum life imprisonment. While in the United States district court in the east of New York he pleaded not guilty, but later pleaded guilty to all his judges on 28th January, 2009.Vinas is currently in custody of the U.S marshal’s service in undisclosed location. Ajibullah Zazi was arrested in September 2009 as a part of the Al-Qaeda group which was accused of planning suicide bombing in New York subway system. A day as he drove home intending to detonate an explosive device on the NewYork subsystem in the rush hours, he was warned by the surveillance of the U.S intelligence, and a local Imam then he inquired and drove away back to Denver. After several days of searching, Zazi voluntarily surrendered to the authorities on 16th September where he was interviewed by Denver FBI officers. He denied the allegation of the information, which had been collected in his resident in Denver. Zazi faced a life sentence without possibility of parole for the first two counts, and an additional sentence of 15 years. On October 29, 2010, two packages, containing a bomb of 300 to 400 grams of plastic explosives and detonates, were found on separate cargo planes in a UPS Airline Flight 6 heading to U.S from Yemen. The bombs were discovered from the intelligence received from Saudi Arabias security chief. One week later the al-Qaeda claimed responsibility for the plot to crash the plane. The U.S believes that Ibrahim Hassan Al-Asiri was behind the construction of the explosives. The explosives were designed to detonate in the air destroying the plane and the passengers at Chicago or any other city in the U.S. David Williams (November 1, 2010). "Al Qaeda ink bombs had 8 times the explosives needed to down a plane". London: Daily Mail.Retrieved 4th may 2012.  Criminal Profiling Criminal profiling is a behavioral and investigative tool that is used to predict and profile the characteristics of unknown criminals. Criminal profiling aims at assisting in law enforcement and also to assist the court to determine whether there is enough evidence to address some certain crime cases. The process of profiling, first it involves the collection and assessment of all materials relating to the specific case like taking photographs of the scene. Secondly, it’s the decision making process where  all the information gathered is arranged in logical pattern to establish a number of victims. Thirdly, the crime assessment, it involves the reconstruction of the sequence of events and specific behaviors of both the victims and the perpetuators. These help understand the role played by each individual in the crime to develop his or her profiles. The fourth criminal profile is the process of providing a list of physical and behavioral characteristics. In this stage the investigator has clues on how to identify and apprehend the perpetrator. Fifth is the investigation process, it involves providing the actual profile to request agencies to launch their investigations. Lastly, the apprehension has the purpose to cross check the profile produced with the characteristic of the offender to be apprehended.   James A Brusel in 1940 was apprehended through a successful profiling he was an engaged in planting bombs in New York. This was by use of photographs from the scene and a profile obtained from his psychiatrist.  Brent E. Turkey (2009) Criminal Profiling: An Introduction to Behavioral Evidence Analysis  GRAHAM V.CONNOR Case no. 87-6571 it was argued 21 February 1989 and decided 15th may 1989, the petitioner Graham, a diabetic was from a store to purchase an orange to counter insulin reaction. When a police 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 provide evidence for the use of force. The court of appeal further affirmed stating that the alleged excessive use of force was not constitutionally excessive as he implied. The decision held under the fourth amendment insists on objective reasonableness. Retrieved from http://www.4lawschool.com/criminal/connor.shtml References Graham v. Conor (1989). Retrieved from http://www.4lawschool.com/criminal/connor.shtml.2012  Brent E. T (2009). Criminal Profiling: An Introduction to Behavioral Evidence Analysis David, W (2010). "Al Qaeda ink bombs had 8 times the explosives needed to down plane". London, Daily Mail. Retrieved 4th may 2012. Indictment in U.S. v Abdulmutallab, January 6, 2010 CBS News Senate Reports (2003). Issues 1-39 United States .Congress government printing office Standards on DNA Evidence, (2012) retrieved from . Van Oorschot et al. (2010) National Institute of Justice p.18–19  Homeland security (2012) retrieved from Federal bureau of investigation (2012) retrieved from . Youth and violence (2012) retrieved from . Texas Penal Code (2012) retrieved from . The Texas crime report (2012) retrieved from . Free trial v free press (2012) retrieved from . Morn, Frank (1982) The Eye That Never Sleeps: A History of the Pinkerton National Detective Agency. Bloomington: Indiana University Press. p. 18 Gibson Bryan, Cavadino Paul (2002). Introduction to the Criminal Justice Process Waterside press p.172 R. Levesque roger (2006) The Psychology and Law of Criminal Justice Processes Nova Publishers p.545 Read More