...Diversity Issues in Criminal Justice The diversity issue focused on in this paper will be racial disparity in sentencing. This paper will also focus on some of the reasons why racial disparity exists within sentencing. One of the research methods used in this paper will be case studies. In society today there are a diversity of citizens, of offenders, and leaders within in the court system. However, race still plays a big role in the Criminal Justice system especially during the sentencing portion. Although racial dynamics may have changed over time, race still exerts an undeniable presence in sentencing process. This ranges from disparate traffic stops due to racial profiling to imposition of the death penalty based on the race of victim and/or offender. (The Sentencing Project, 2005). Here in the United States, African Americans criminals are over represented compared to their number in the general population. According to (Calderon, 2006) “the idea of a racially discriminatory process violates the ideals of equal treatment under law as well as under the constitution that these laws were based on.” Racial discrimination within sentencing is often a complex process, along with other factors, as well as producing racially discriminatory outcomes in certain situations. Racial discrimination has been a big part of this country for a very long time and just because things have started to change it does not mean people’s perception have changed. However, people who are in...
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...There have been over 300 post-conviction DNA exonerations in the history of the United States. Although the number is high, there are still many more wrongfully convicted people who’s still incarcerated and have yet to be considered for retrial. Unaddressed wrongful conviction cases show the weaknesses in the U.S. justice system. This paper will touch on the causes that lead to wrongful convictions and discuss possible solutions. The main factors of wrongful convictions are eyewitness misidentification, misleading/unreliable forensics, false confessions (coerced/intimidated), witness perjury, prosecutorial misconduct, insufficient lawyering, racism and implicit bias. Since the first DNA exoneration conviction in the United States case that...
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...crime rests on the concept of drug abuse. Drug abuse is illicit drug use that results in physiological, social, psychological or legal problems for the user. A drug is any chemical substance defined by social convention as bioactive or psychoactive. A psychoactive substance is a chemical substance that affects cognition, feeling, or awareness. Most drug users are recreational drug users, using drugs relatively infrequently and primarily with friends and in social contexts that define drug use as pleasurable. Most addicts begin as recreational users. Drug crimes fall into two categories: 1. the use, possession, distribution and sale of illegal drugs and the offenses committed either under the influence of drugs or surrounding the growing, making or importation of the drugs; and 2. Of crimes such as money laundering, bribery of officials, burglary or robbery to obtain money for drugs, murder, etc. The Purpose of Sentencing & Corrections: How a criminal defendant enters the criminal justice system Each year, tens of thousands of individuals are arrested and prosecuted for a myriad crimes in the United States, including...
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...Miranda v. Arizona: Half a Century Later by: September 2nd, 2014 I. INTRODUCTION A. Executive Summary – In 1966, the U.S. Supreme Court deliberated the case Miranda v. Arizona the most important aspect of due process and criminal procedure ever affecting law enforcement and prosecutorial conduct of an investigation. The main issues in this case were: * The admissibility of a defendant’s statements if such statements were made while the defendant was held in police custody or deprived of freedom of movement in a significant way; * What procedures were required to guarantee the defendant’s privilege against self-incrimination according to the Fifth Amendment of the U.S. Constitution? This case is considered the summit of the criminal procedure evolution establishing specific procedures to safeguard the rights of defendants beyond the courtroom and onto the police station. The procedural details and the breadth of civil rights tangled in these four cases, made this decision the pinnacle case in the area of criminal procedure. Nowadays, this decision gave the name to what is widely known as the “Miranda Warnings” which include: 1. The suspect has the right to remain silent, 2. Anything he/she says may be used as evidence against him, 3. He/she has a right to the presence of an attorney during questioning, and 4. If indigent, he/she has a right to a lawyer selected for him without charge. II. STATEMENT OF FACTS RELATING TO THE...
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...direct and supervise the implementation of particular legislative acts.) The influence referred as the “fourth branch” (three branches, legislative, executive, and judicial) Administrative agencies have been objects of controversy. Enabling Legislation Administrative agencies are created by enabling legislation, which usually specifies the name, composition, and powers of the agency. Administrative procedure Act (APA) The APA was enacted by Congress in 1946 in an attempt to standardize federal agency procedures and to respond to critics who said that administrative power was out of control. Functions of Administrative Agencies In their roles, administrative agencies serve three main functions: rule-making, adjudicating and investigating. * In rule making, the agency takes laws passed by Congress and adds the technical expertise need for them to apply to real-life situations. E.g., a bill may mandate public vaccinations, but a rule will explain which age groups and demographics need the vaccination. * Agencies serve a judicial function when in-house lawyers and judges help individuals resolve disputes with the agency. They can also fine those who break agency rules. * As investigators, they can subpoena and question those who may have violated federal law. The Environmental Protection Agency is probably best known for seeking out and punishing polluters as part of its investigative and judicial authorities. Administrative agency‘s Purpose: The...
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...Ethics in Criminal Justice Administration Analysis CJHS/484 March 23, 2015 In this paper I will discuss and “analyze the relationship between ethics and professional behavior in the administration of the criminal justice system. Also discuss the role of critical thinking with the regards to the relationship to ethics and professional behavior” (The University of Phoenix, 2015). And a proposal a seminar on due process and how there are several steps that fall into the classification of the professional standards and values that have to do with the criminal justice system. The due process model meets the criteria for professional and ethical standards that are within the criminal justice system. The model goes to show that those in the criminal justice system is conducting themselves in a professional and ethical manor that uphold the rights of all those involved from inmates to co-workers within the criminal justice system. Due process model “is a type of justice system which is based on the principle that a citizen has some absolute rights and cannot be deprived of life liberty or property without appropriate legal procedures and safeguards” ("USLegal: Due Process Model Law & Legal Definition", 2001-2015). “The due process generally requires fairness in government proceedings” ("USLegal: Due Process Model Law & Legal Definition", 2001-2015). In example a person that is charged with a crime has the right to counsel, “right to a speedy trial and to be heard and...
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...Regulating discretion 4. Prosecutorial discretion 5. The Chaser case 6. Two tiers of justice 7. Magistrates and Local Courts 8. Supreme and District Courts 9. High Court appeals 10. Crown appeals ------------------------------------------------- From Last Class * Jurisdiction * Notion of how it is risen and how it is imposed * In 1788, assumed, put upon Australia from the act of colinisation * Sovereignty * From british states, then Australia as a commonwealth * Citizenship * General entitlement to rights protection etc. * Sovereign domain * Different for indigenous people, given no acknowledge of land ownership and traditional rights and customs as well as traditional rules * Agency * Autonomy as a group/individual * The capacity whether individually or collectively to exercise authority to determine * Previously denied * Criminalisation of traditional * Welfare * protection ------------------------------------------------- OOXX case * grew up during a time during hard economic circumstances with weak communal support due to governmental policies. * Lost a sense of identity when doing institution until he's about 19. He was separated from his family by the Australian welfare system. forced removal * Post-war assimilation eventually breed out abo blood from the society * Process of catagorisation based...
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...Racism is actually discrimination against a group or individual based on color, social and financial status. It is something that occurs more than we notice. Many scholars believe that racism play a more important role in targeting and sentencing process in the criminal justice system and this is something which should not happen in any country no matter what. In order to understand the role that racism plays in the criminal justice system we must, first, look at the role that it plays before the criminal reaches the day of sentencing in the court. There are various publications that speak on profiling and actuarial methods which unwillingly get people into the system. Though these are two major components of the discriminatory acts that exist within the criminal justice system, it does not actually begin with these institutionalized methods. It is the laws and crime control policies that create discrimination in the system. It has been witnessed that in some instances these laws and policies are set in favor of the white people and in opposition to the black ones. In this paper, a detailed discussion has been done on the racial disparities in criminal justice system along with its adverse effects to the community. Moreover, this paper also contains the strategies that would help to avoid racism and maintain equality and righteousness. What is meant by Racism and Prejudice? When racial...
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...Illegal Immigration Illegal immigration has been a problem for the United States for a long time. This phenomenon is not new because thousands of illegal immigrants have come into US through either the Mexico border, the Pacific Ocean, or through many other ways. Some people have entered the country legally through a visit visa, but then have stayed illegally and are working in various places. Illegal immigration is a double edged sword; in one hand it provide the local economy with cost benefits as the illegal immigrants are not paid so much, while they are more productive. On the other hand, these illegal immigrants do not pay taxes and their employers also do not pay their taxes. There are both pros and cons of illegal immigration and this paper shall take a look at some facts pertinent to illegal immigration in the United States. Every day thousands of illegals stream across the 2,500 miles of border with Mexico. According to the U.S. Immigration and Naturalization Service, or INS, the total number of illegals in America from this source increases by 275,000 annually. Already the United States is host to an illegal population of 7 to 12 million, of whom the vast majority are Mexican or Hispanic in origin. These illegal and uninvited guests help themselves to jobs, education, welfare and unemployment compensation. The many whose wages are paid under the table pay little or no taxes. And they are easy prey for unscrupulous employers and politicians (Ted Hayes). The U.S. population...
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...Use of the Death Penalty A Paper Presented by the National Policy Committee to The American Society of Criminology National Policy Committee James Austin, Chair Kitty Calavita Roland Chilton Jeffrey Fagan Calvin C. Johnson Delores Jones-Brown Mark Moore Ira Schwartz Linda Teplin Franklin Zimring November 2001 The findings and opinions contained herein are those of the National Policy Committee and do not necessarily reflect the official position or policies of the American Society of Criminology. Ronald Weitzer, Professor of Sociology, Dana Coleman, Research Assistant, and Sarah Benatar, Graduate Research Assistant at the Institute on Crime, Justice, and Corrections at George Washington University provided substantial assistance in the preparation of this document. Introduction Capital punishment is among the most hotly debated issues in American politics. Passions run high for both those who want the death penalty abolished and those who seek to preserve or expand its use. What follows is a summary of key issues in the death penalty debate, research findings on the application of capital punishment, and a discussion of policy considerations. The American Society of Criminology (ASC) is greatly concerned with the death penalty and its application in the United States. This year, ASC President Ronald Huff and the ASC Executive Board authorized the ASC’s National Policy Committee (NPC) to develop a policy paper that would focus on the death...
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...2015 Balancing The Justice System Ministry of Justice and Solicitor General This page is intentionally blank. Introduction The justice system is under increasing pressure from several sources. We are faced with a unique opportunity in responding to that pressure. We can continue to respond as individual program areas and Divisions within the Ministry, focused on the narrow legislative and constitutional sources of our respective authority and duties, or we can create a new framework and process that will bring a systematic and integrated approach to the administration of justice, and balance to the allocation of resources within that system. Such an approach would be centered on the Ministry Vision - to create the most innovative “The mission of the Ministry of and accessible citizen-centred justice system in Canada. Justice and Solicitor General is to ensure Albertans have safe The historical development of the role of the Attorney General communities and an accessible, and Justice Department illustrate the ad hoc development of effective and innovative justice the justice system. From its inception in 1905, the scope of the system. We accomplish this by both the office of the Attorney General and the Justice working with partners to provide a Department have evolved over time as new duties and continuum of services to support responsibilities have been added. This expansion has not been Albertans and the Government of planned or coordinated...
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...powers - Mistretta at pg. 19 Non-delegation - J.W. Hampton, Mistretta at 15. APA design; three functions of agencies: 1. make rules 2. adjudicate 3. gather information There are not very many legal issues with information gathering, so the class will not focus on it. Rule making and adjudication is done formally and informally | |Rule Making |Adjudication | |Formal |§ 553 |§ 554 | |Informal |§ 553 |§ 554 | Rulemaking = making little laws. Same effect as anything congress passes. Adjudication = making an order Introduction to Administrative Law - F&S pp. 1-22 The Administrative Procedure Act - Act, Chart and Sample Rule The Grouper Handout and the APA §553 §553 doesn’t say where the rule comes from (i.e. employee of the U.S. or anything), but does say publish in the federal register. §553(b) §553(b)(1) - time/place/etc/nature. The grouper rule - March 4, 1992, to the mailroom, by mail = time, place, nature. Does this constitute a “hearing”? Its called a paper hearing and satisfies §553. §553(b)(2) - authority. Grouper - Magnuson Fishery . . Act. Note, they cite to their own rule; generally an agency must follow its own rules (notice exceptions). 553(c) - interested persons must have an opportunity to participate, (concise general statement) ...
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...Student Name: David Mc Namara. Title: Are we moving towards Assisted Suicide? “Those who have exhausted the end seek the right to die with dignity, this is a choice to die, which allows the body to speak its end rather than have that end dictated by the voice of an expert, legal or medical” (Hannifin. 2009, p.84) The person who seeks to die is, to paraphrase Foucault, ‘the Passenger par excellence: that is, the prisoner of the passage’ (Foucault. 1967, p.11) The European Convention on Human Rights sets out a number of fundamental rights and freedoms, right to life, prohibition of torture, prohibition of slavery and forced labour, right to liberty and security, right to a fair trial, no punishment without law, right to respect and family life, freedoms of thought, conscience and religion, freedom of expression, freedom of assembly and association, right to marry, right to effective remedy, and prohibition of discrimination The Council of Europe produced the European Convention on Human Rights and Fundamental Freedoms in 1950. This body was formed in the aftermath of the Second World War to achieve unity among its members in such matters as the protection of fundamental rights. The Convention was drafted after the atrocities of the Second World War. The Convention was signed by the High Contracting Parties in 1950, and came into force in1953. It was ratified by the United Kingdom in 1957. Article 2 of the Convention for the Protection of Human Rights and Fundamental...
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...sides and viewed in the light of settled constitutional and legal doctrines, plainly lead to the conclusion that the claim of executive privilege must be upheld. Assailed in this motion for reconsideration is our Decision dated March 25, 2008 (the "Decision"), granting the petition for certiorari filed by petitioner Romulo L. Neri against the respondent Senate Committees on Accountability of Public Officers and Investigations, 1 Trade and Commerce,2 and National Defense and Security (collectively the "respondent Committees"). 3 A brief review of the facts is imperative. ROMULO L. NERI, petitioner, vs. SENATE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS AND INVESTIGATIONS, SENATE COMMITTEE ON TRADE AND COMMERCE, AND SENATE COMMITTEE ON NATIONAL DEFENSE AND SECURITY, respondents. RESOLUTION LEONARDO-DE CASTRO, J.: Executive privilege is not a personal privilege, but one that adheres to the Office of the President. It exists to protect public interest, not to benefit a particular public official. Its purpose, among others, is to assure that the nation will receive the benefit of candid, objective and untrammeled communication and exchange of information between the President and his/her advisers in the process of shaping or forming policies and arriving at decisions in the exercise of the functions of the Presidency under the Constitution. The confidentiality of the President’s conversations and correspondence is not unique....
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...Wrongfully Convictions Introduction: Each year, many people that are innocent are dished out short or long term prison term for crimes that they did not commit. These innocent people have been “wrongfully convicted”. Sometimes these wrongfully convicted charges are unbeknownst to the judge and or jury; other times, they are just wrongfully convicted due to corrupt law enforcement officers. This corrupt issue is very wrong and should be done away with immediately, which is my reason my choosing this topic. In this research paper, I plan to find reasons for wrongful convictions, the actual number, statistics, of individuals that have been wrongful convicted, and those individuals who have stepped up to make a difference in this dilemma. Although there aren’t any statistics kept by the Criminal Justice Department on the number of crimes that were recorded as wrongful convictions, research has estimated about 5% of the cases that are tried annual result in a false conviction. Since 1989, 1,241 people have been wrongfully convicted and later cleared of all charges based on evidence that they were innocent, according to the National Registry of Exonerations, a project of the law schools at the University of Michigan and Northwestern University (Clark 2013). The Michigan Innocence Clinic was the first clinic of its kind to work on non-DNA exonerations. Their work has revealed particular circumstances far too often seen in cases of wrongful conviction. These cases show us how...
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