Abstract The paper proposes the perfect criminal justice system, one that focuses on networking and collaboration among policing agencies, communities, legal representatives and those accused of or prosecuted for criminal activity. The paper states that the perfect criminal justice system will also concentrate on rehabilitative measures for criminals incarcerated younger than age 40, as research suggests that individuals receiving counseling are less likely to become repeat offenders than those who are simply punished and then released. The paper concludes that the perfect system is not a system that focuses on hostility or punishment for non-malevolent crimes; rather one where communities actively collaborate with legal authorities to build better communities and social networks.
Outline:
Introduction
The System Theory
Reform and Community Collaboration in the Perfect System
Conclusion
From the Paper "The perfect criminal justice system begins with theory. The theories underlying the perfect system should rely on positive reinforcement and authentic repentance and reform among criminals (Goold, 2004). This system is modeled somewhat after the idealized Japanese policy system, where the policeman encourages during the initial point of contact, or interrogation, the offender to fell "tearful relief" as like "a child when confession of wrongdoing to his parents results in a gentle laugh and warm hug" (Goold, 2004, p.14). Typically the American criminal justice system has focused on retaliation and retribution; this opposes the system introduced here, where policemen should focus on being known for warm, supportive yet just and effective care, not simple strictness (Johnson, 2003) which is more likely to lead to less reform and increasing crime."
Abstract This paper examines the cause of criminality as a political stance understood through the societal interpretation of individual behavior. It describes that Karl Marx viewed criminality as a political agenda. The paper argues for a more feminist and Marxist model of criminal justice, which would focus less on how to extirpate crime and more on how to achieve greater social harmony.
From the Paper "Criminality has been sociologically defined as a form of behavior deviant from the normal and acceptable code in society. It is based on the premise that the action taken by an individual breaks the natural rights that are accorded to the person by birth and right. Yet, there is still controversy connected with the definition of criminality as philosophers and sociologists struggle to understand and create a universal understanding of criminality. Through various cultures and codes the concept of criminality differs and thus defies the definition of criminality as a whole. As we study the concept of criminality we can state that it is a political idea rather than an ethical form of behavior. An action considered unethical may not be criminal and by the same base an idea that is ethical may also be criminal depending on the culture and political base. In context of such a theory then, criminality can be understood using various sociological contexts. Here we will undertake to understand criminality through a feminist view compared with Karl Marx's theory."
Abstract The focus of this research review is the relationship that exists between child abuse and neglect and juvenile delinquency and adult violence or criminality. This work reviews relevant, reliable, and peer-reviewed literature in this subject area and states findings about prevention methods that target early identification and intervention of those who are predisposed to juvenile or adult violence or criminality due to childhood abuse. The review of literature reveals that a community-based effort that is collaborative in nature and that integrates the many levels of the community into a dynamic process of intervention and prevention is one most likely to succeed. Recommendations of this study include the recommendation that further and deeper research effort be applied toward the establishment of a knowledge base that has the potential to contribute to development of appropriate treatment and interventions. This work makes recommendations for a restructuring of the community-based service provisions for families with domestic violence and child abuse issues. This program implementation would be on a community-wide basis with the central heart of the operation being a community transition and transformation services home center that worked in a close and collaborative relationship with all other service agencies in the community in bringing about a community-based transformation in the lives of families and individuals throughout the community.
Outline:
Abstract
Objective
Introduction
Significance of the Study
Methodology
Literature Review
Summary of the Literature Reviewed
Findings of the Study
Recommendations for Future Research
From the Paper "The woman who has been beaten may withdraw from the family, which often results in child neglect, and the stress associated with domestic violence may cause women who are at risk for violence to resort to violence. It is also held by researchers that some abused women, in an effort to protect them from the batterer punish the children too harshly. Children who have not experienced physical abuse may still become traumatized over having witnessed domestic violence. Furthermore, children often imitate the behavior they observe and victimize other children while alternatively they may adopt the role of the victim and become withdrawn. Finally the child witnessing domestic abuse or being abused, neglected or victimized may developmentally fail to acquire the ability to control their temper or expression themselves emotionally."
Abstract This paper explains that the term 'drug' is extremely broad and can be used to describe nearly any substance, which has a discernible effect on the person using the drug. The author points out that the legalization status of drugs in general is widely varied: Some drugs are entirely legal, others are legal but require a prescription and still others are completely illegal. The paper states that if drug use is legalized, drug abuse would become a public health problem; therefore, the benefit to society is that the treatment of drug abusers would become health-focused rather than criminally-focused as it is now.
Table of Contents
Stimulants
Caffeine
Amphetamine
Other Stimulants including Ecstasy and Cocaine
Depressants
Alcohol
Barbiturates
Benzodiazepiness.
Drug Legalization
Definition of Drug Legalization
Arguments For and Against Legalization
Potential Effects of Drug Legalization
Drug Abuse after Legalization
From the Paper "Caffeine is one of the most widely used drugs in the United States. It is a stimulant found in coffee, black tea, many soft drinks, and some other consumables. There are two primary steps in the way caffeine works. First, the drug interrupts a process in the nervous system that generally stems the body's release of adrenaline, causing more adrenaline than usual to be released into the body. Additionally, caffeine inhibits the reuptake of adrenaline by the nervous system, causing the heightened amounts of adrenaline to have a prolonged effect. ("Caffeine"). The purchase and consumption of caffeine is legal for all ages in the United States."
Abstract This paper explains that the rational theory in criminalityfocuses more on the personal and psychological attributes of individuals, emphasizing the choice, responsibility, and needs of the individual; whereas, labeling and radical theories tend to see crime as the result of social pressure and structures. The author points out that the problem with social theories is that they ignore the rational and individual purposiveness in crime, which tends to excuse criminal acts on the basis of various social factors. The paper states that the rational theory includes mitigating elements within the central structure of the theory, which makes it a more comprehensive and inclusive theoretical foundation from which to assess and analyze the causes of crime.
From the Paper "The rational choice theory of the causes of criminal behavior is essentially based on the assumption that criminals rationally make decisions that motivate and lead them to commit criminal acts. Rational theory emphasizes individual choice and the personal decision-making process in an attempt to understand the causes of crime. The strength of this theory is that it focuses on the individual and on his or her logical and rational decisions to attain certain goals. ?...the rational choice perspective focuses upon the offender's decision-making. Its main assumption is that offending is purposive behavior, designed to benefit the offender in some way.? "
Abstract This paper explores the classical theory of crime causation, one of the major theoretical perspectives in the field. The paper begins by describing Cesare Beccaria who is generally seen as the founder of this theory. Several of his influences are evaluated, including ideas regarding the nature of punishment which are central to his theory. The paper evaluates the classical theory in light of modern criminology. A chart entitled 'Comparison of Classical and Positivist Schools' is included.
Outline:
Introduction
Man Pleads Guilty
Classical Causes
Vital Components
Foundation and Focus Causes Contributing to Frank's Crimes?
Conclusion
Bibliography
From the Paper "The Classical Theory, one of the major theoretical perspectives of crime causation, will not fully explain Frank's criminal behavior. This theory may, however, shed a bit of light on the underlying factors contributing to his dark deeds. "Cesare Beccaria - 'the Rousseau of the Italians' (Beirne, 1993:14) - is generally seen, at least symbolically, as the founder of this movement." (Carrabine, Iganski, Lee, Plummer & South, 2004, p. 32 - 33) Beccaria, a humanist born in Milan, Italy in 1738, feverishly worked for the eradication of injustice and illogicality of the judicial system prior to and continuing into his day."
Abstract This paper examines the content of peer reviewed articles published within a ten-year period, from 1996 to 2006. It focuses on the criminal justice system and its experiences with restorative justice. The paper looks at the values that researchers have that drive investigation during any given period, as seen in the examined articles. The paper also identifies gaps and trends in research during the specified period.
Table of Contents:
Introduction
Purpose
Hypothesis
Strengths/Weaknesses
Methods
Data Collections
Results
Method
Variables - Independent and Dependent
Statistical Analysis/Means/Mode/Median
Conclusion
From the Paper "Given the evidence provided from this study the researcher finds the following true. Hypothesis (1) - proven true, given restorative justices seems to be the more commonly used tool for rehabilitating criminals in the population specified. Other data collected from the content analysis however suggests hypotheses (2), suggesting less relapse is likely among participants engaged in this form of justice remains questionable. Further research is needed to establish or refute this hypothesis, given changing trends in criminal justice and criminal behaviors in the future. Overall, the researcher argues despite some comments to the contrary, restorative justice, which aims to involve victims in the rehabilitation process and encourages convicted criminals at a young age to rehabilitate and participate in their community, remains an effective form of justice."
Abstract The paper begins with an overview of how criminal liability is measured in terms of the degrees and principles surrounding liability. The crux of the paper, however, concentrates on aspects of the legal framework that provide defenses to criminal liability. This analysis is then supported with a theoretical framework and findings from the literature that are used to provide thorough analyses related to defenses to criminal liability.
Outline:
Introduction
Legal Framework of Criminal Liability
Strict Liability and the Defense
Justification of Criminal Conduct
Criminal Liability
Defense
Conclusion
From the Paper "The criminal liability relationship highlighted within the paper and later presented with examples for defenses to criminal liability is affected by differences related to types of crimes; such as, criminal conduct and true crimes. That is, the degree of liability within the former does not require all of the principles to be upheld while with the latter it is necessary that the corpus delicti rule holds. As such the measures of criminal liability are different across categories and may not be easily quantified in the relationship outlined in the equation specified throughout the paper. An example of the former is a burglary while of the latter its homicide, the difference within these two crimes is a clear indication of why criminal liability is not a trivial issue and why it is not always a direct relationship and how defenses can be formulated within the legal context (Schellenger & Wittmer, 2003, p. 1).
In the general scenario, the degree of liability can be easily established via culpability, capacity, and responsibility along with the five principles highlighted, however the logical structure of criminal liability is not as simple as the formula above highlights but has different scenarios and principles that will affect how the law is quantified or how the degree of criminal liability is measured."
Through a study of Stanton E. Samenow's book 'Inside the Criminal Mind', this paper argues Samenow's approach to criminal behavior that the blame lies with the criminal, not society.
1,125 words (approx. 4.5 pages), 4 sources, 2006, $ 44.95
Abstract This paper explores Stanton E. Samenow's book 'Inside the Criminal Mind' and outlines the general strength of his argument as well as the surprising parallel between his doctrine of personal accountability and traditional Christian ethics. The paper notes Dr. Samenow's disdain for sociological explanations for criminality and also records some of the views of David Powlison, a Christian scholar whose work shares some of the same general conceits as Dr. Samenow.
From the Paper "One of the great mysteries of criminal psychology over the generations has been what precisely it is that motivates seemingly intelligent and - on the surface, at least - well-balanced individuals to commit illegal acts. For many years, it has been thought that social factors created criminals - or at least a great many of them. However, since the 1990s, Stanton E. Samenow has argued publicly that social factors really have nothing at all to do with criminal behavior; rather, people do wrong because their peculiar world-view privileges wrong-doing. The following paper will review Samenow's theory and argue that his work offers a compelling justification for such a view. "
Abstract This paper analyzes and evaluates the effectiveness of imprisonment in rehabilitating criminals. In Part II, theories underlying criminal punishment are discussed. Part III examines the history surrounding incapacitation. In Part IV, the effectiveness of incarceration in rehabilitating offenders is analyzed. Lastly, this paper concludes with recommendations for ways to improve how the criminal justice system handles punishment.
From the Paper "Crime is an issue of paramount importance, one that impacts each and every member of society on both a micro and a macro level. Over the past two decades, public concern has vastly increased over specific aspects of the crime problem, namely juvenile crime, prison reform, the role of television in producing violence, and urban gangs. Crime exacts more than financial costs; emotional costs are incurred when a criminal murders an individual's close friend, family member, or loved one or when an offender is incarcerated, depriving his or her family of emotional and financial support. Imprisonment is one of the oldest and most widely accepted responses to crime. However, while incapacitation is an effective mechanism for removing criminals from society, opponents argue that incarceration does not truly rehabilitate offenders."
Abstract This paper analyzes and examines the various issues related to corporate criminal liability. Executives and managers may be criminally prosecuted as individuals for the actions of their businesses, even if they neither knew about nor had any role in the crime. Thus, executives and managers may be sentenced to jail time simply for company violations that occurred on their watch. This paper discusses some of the applicable case law and statutes with examples from real life cases and then outlines how executives and managers may avoid or minimize their risk of criminal liability. It concludes with recommendations for improving corporate ethics.
From the Paper "Criminal prosecution of executives and managers for the actions of their businesses sharply increased during the 1960s and again in the 1980s after the junk bond and Savings and Loan scandals erupted. Various factors contributed to the rise in criminal prosecution of executives and managers for the actions of corporations. First, prosecutors became much more willing to take action against individual managers for criminal offenses by their businesses. Second, both Congress and the states incorporated criminal penalties for responsible individuals into an increasing number of regulatory statutes. Third, courts became more willing to interpret these statutes as public welfare legislation and to hold businesses and their executives and managers strictly liable for the consequences of a violation."
Abstract This paper explores the criminal justice system in Argentina. It looks at the historical development of the criminal justice system and examines the series of transformations of the criminal justice system over the decades, resulting in corruption, military uprisings, injustice and a culture of impunity. The paper looks at the junta and human rights oppression and violence.
From the Paper "The criminal justice system in Argentina like Argentina itself has endured a series of transformations overhauls purges and coups. At present it is impossible to evaluate Argentina's criminal justice system without simultaneously plumbing the murky depths of ..."
Tags:criminal justice, argentina, junta, dictatorship, due process
Abstract This paper examines the use of criminal law for purposes of social engineering. The point is made that criminal law can be used as a tool for social engineering via its prohibitions and the punishments, and can operate to instill virtues. It notes that there are serious ethical and moral concerns associated with this use of the criminal law.
From the Paper "Social engineering is commonly defined as the use of private and or governmental functions and operations to manage population attitudes and behavior on a large scale..."
Abstract This paper explains that an interesting but not surprising theme of this debate is that most advocates of an international criminal court tend to be from smaller and less powerful countries. The author points out that most opponents of an international criminal court tend to be from powerful, wealthy, industrialized countries. The paper relates that some of the main argument in favor of an international criminal court are its empower of weaker countries and their citizens and the reduce global tensions.
From the Paper "In analyzing whether the world needs an international criminal court, it is evident that a number of arguments have been made both for and against such a court. The first main pro argument in favor of an international criminal court is that it would empower weaker countries and their citizens by providing them with the means through the ICC to redress grievances against powerful countries or their citizens. The second main pro argument is that the establishment of an ICC would reduce global tensions through the empowerment it provided weaker states and their citizens."
Abstract This paper examines four of the most common methods used today for criminal corrections, also known as the goals of criminal law. These are retribution, deterrence, incapacitation and rehabilitation. The paper concludes by selecting one of these methods as a representative of the best way to fight criminal behavior, one that will yield the highest benefits for society as a whole.
From the Paper "However, this report also declares that "to discuss imprisonment while excluding incapacitation as one of its purposes would be absurd" ("Incapacitation and Deterrence," Internet). Incapacitation is similar in some ways to retribution, for when a criminal is placed in jail or prison, they are incapacitated in the respect that they cannot leave to commit other crimes. Yet when a prison sentence is over, the criminal/felon is allowed to leave his/her confinement which opens the door to more criminal activity, unless of course the prisoner is radically incapacitated by having legs removed or being blinded."
