Criminal Justice Issues in Democratic Society

Criminal Justice Issues in Democratic Society What are the major crime control or major criminal justice issues that face advanced democracies? Advanced democracies are mainly based around the liberal social democratic model which places a high value on the idea of human rights and freedom of choice across a wide spectrum of human activities (Bevir, M. (2005) 1-10) (Choongh, S. (1997) Ch. 1) (Fennell, P., Harding, C., Jà ¶rg, N. and Swart, B. (1995) Chap. 1). This emphasis on human rights extends into the field of criminal justice which is an essential component of any advanced democracy (Coates, R., Davis, G., Messmer, H. and Umbreit, M. (1992) 1-5) (Cochrane, J., Marsh, I. and Melville, G. (2004) 1-5). This typically involves a concept of crime control which aims to protect society from violence and violent offenders as well as punishing criminals for infringing the law (Ashworth, A. (2006) 1-5) (Bean, P. (2004) Ch. 1) (Fielding, N. (1995) Ch. 1). However, this focus creates problems because the rights of the victim will also have to be counterbalanced against the rights of the defendant. Often there are conflicting interests at stake and it is often the rights that the rights of the criminal are resolved at the detriment of the victim of the crime, or vice versa (Allan, T. (1994) 1-5) (Ashworth, A. (2006) 1-5) (Bean, P. (2004) Ch. 1). A good starting point for a discussion of the major issues which affect criminal justice is a discussion of what the purpose of a criminal justice system is in advanced democracies. The criminal justice system imposes sanctions on people who are deemed to have broken the law. It is based on independent principles, and there is a mechanism which involves an independent tribunal of enquiry into whether or not a person broke the law. The test of whether a person has broken the law usually involves whether or not a prosecuting authority can prove beyond a reasonable doubt that the person concerned infringed the law. Therefore the purpose of the criminal justice system is twofold; it involves the identification of criminals, and it operates to impose fair and consistent sanctions on those who have broken the law, in an effort to protect society form criminal activity and to give the victim a measure of peace of mind and sense that justice has been served in the measure of punishment which has been imposed. However, in a sense the abstracted concept of the purpose and functionality of the criminal justice system is quite far apart from the actual translation of these principles ‘on the ground’ so to speak. This difficulty has led many to question to approaches which have been taken to criminal justice issues within various advanced democracies. This has given rise to a body of debate as to which approach is better and for what reasons. The main crime control and criminal justice issues which are tied up within a complex lexis of sociological, political and legal factors (Dixon, J. and Macarov, D. (1998) Chap. 1) (McLaughlin, Ferguson, Hughes and Westmarland (2003-2004) Chap. 1), which emanate from this political background (Bevir, M. (2005) 1-10) (Choo, A. (1993) 1-5) (Choongh, S. (1997) Ch. 1). There are issues such as deprivation, social exclusion, poverty, drug addiction, prostitution, rising population, youth deprivation, violence and unemployment which all have a role to play in influencing the criminal justice system (Coxall, B. and Robins, L. (1998) Chap 1 and 2) (Denver, D., King, A., McLean, I., Norris, P., Norton, P., Sanders, D. and Seyd, P. (1998) 1-5) and the issues which form part of its application within advanced democracies (Allan, T. (1994) 1-5) (Ashworth, A. (2006) 1-5) (Bean, P. (2004) Ch. 1). This essay will attempt to extract themes from this background and discuss them with reference to the q uestion. So how is it possible to extract themes from this background, and to identify them as major criminal justice issues? Perhaps it is important to emphasis that this is a subjective exercise and any list of major criminal justice issues will necessarily not be an exhaustive list. Nevertheless it is possible to surmise what the most important themes would be. The purpose and function of punishment is a major criminal justice issue. What may be achieved through the punishment of the offender?; should the law have a pragmatic approach which aims to find the best possible solution in this regard for society at large?; or should the focus be more microcosmic and focus on the individual needs of the victim, and how they feel in relation to their experience of the results of crime? These are all questions which must be addressed in addressing this as a major criminal justice theme in relation to criminal justice in advanced democracies. The issue of crime control is also a major theme for the purpose of criminal justice in advanced democracies. How should one approach the detection of crime; should one have a utilitarian or a deontological perspective on how terrorism should be detected and prevented? and how important are human rights within the process? Should human rights be sacrificed for the purposes of preventing further terrorist attacks ? These are all very important questions which will be explored in examining this issue. One major theme which affects societies in advanced democracies is the debate as to whether punishment should be aimed more at retribution, or rehabilitation of the offender (Bevir, M. (2005) 1-10) (Singer, P. (1990) 1-20) (Marshall, T. (1999) 1). This is a difficult question to approach. It is clear that the UK for example has taken an approach which comes down firmly in favour of the rehabilitation of the offender (Allan, T. (1994) 1-5) (Ashworth, A. (2006) 1-5). It is difficult to speculate as to why this is the case, however if we are to draw perspective from the current sociological climate it is correct to tie this rationale to the fact that prison populations are expanding beyond control in the UK, and the government have had to impose strategies which reduce this problem. As Cochrane, J., Marsh, I. and Melville, G. (2004) surmise: ‘†¦.newer, harsher initiatives have similarly had little effect on the size of the prison population or on rates of recidivism. Without going into great detail, some overall figures will help illustrate the pressures on the prison system in Britain and provide a context for considering the different philosophies of punishment. The prison population in Britain has continued to rise pretty steadily over the past few decades, with over 71,000 people in Prison Service establishments in 2002 (Home Office data, Social Trends 33, 2003). The number of people given immediate custodial sentences in 1999 was over 105,000 compared to just under 80,000 four years previously (Home Office data, Annual Abstract of Statistics, 2002)†¦ (Cochrane, J., Marsh, I. and Melville, G. (2004) 4)’. One strategy therefore is to impose more community based penalties on offenders, such as tagging of offenders, curfews, drugs and alcohol addiction programmes and suspended sentences on criminals rather than prison based sentences, which are often regarded as the last resort (Singer, P. (1990) 1-20) (Marshall, T. (1999) 1). Contrast this approach with the approach taken in America where crime control is probably more retributionist than the UK system. The presence of the death penalty in some states in America evidences this contrast. Proponents of each system offer various justifications for their favoured approach. Proponents of the American system would argue that stiffer penalties deter criminals from engaging in repetitive patterns of criminal activity. Conversely, proponents of the approach taken in the UK would argue that the prison system simply perpetuates the problems associated with repeat offending (Cohen, M. (2005) 1-5) (Davies, M., Croall, H. and Tyrer, J. (2005) Chap.1) since in this system a person is more likely to be sent to prison for relatively minor offences. When in the prison population these individuals are exposed to more hardened criminals from whom they can become associated with or learn more sinister patterns of criminal activity. For this reason, it is argued that the system which focuses less on retribution and more on offender rehabilitation is more effective at reducing levels of crime in society since criminals are kept away from these situations where more hardened patterns of cr iminal propensity can be formed. Another problem which faces advanced democracies are problems associated with terrorism, and how the criminal justice system should handle the detection of and the punishment of crimes associated with extreme forms of terrorism. The impact of the September 11th attacks in America, and the London underground attacks launched on the West by Al Qaeda have become benchmarks for a renewed terrorist campaign against advanced democracies in the West, and extreme Muslim terrorist groups. The approach to terrorism in the UK has been focused simultaneously on the detection of crime, greater public awareness of the problems of terrorism and an appeal to moderate sectors of the Muslim community, whereas most of the measures which we have seen formulated as the Patriot Act in America have focused on bolstering the security services with more powers to detect terrorist related crime. An example which highlights this contrast between the two systems can be found by looking at the development of powers relating to the control of terrorism in advanced democracies. In the UK for example, the approach may be characterised colloquially as ‘softly, softly’. There was a huge public outcry when an innocent man was shot dead on the underground system shortly after the July attacks on the Underground system. This can be contrasted with the system in America which allows law enforcement officials to carry guns and where armed clashes are more likely to occur as a result. In the UK new powers are being debated which extend the powers of police officers to question suspects of terrorism. The system as it stands does not permit officers to question a suspect after charges have been brought. This is seen as the end of the matter. However, police are to be allowed in future to question terrorism suspects long after charges have been brought. These new powers are seen as useful particularly in complex cases where large amounts of evidence have been gathered in the investigation. This new law also reflects the growing sophistication of terrorism which now can be aided through laptops and sophisticated technology which stores information in an encrypted form. The laws in England have also controversially been extended to extend the amount of time a terrorism suspect can be detained without charge. The government’s efforts to secure 90 days for the police to hold terrorism suspects without charge were defeated in the Commons. This can be sharply contrasted with the American system, which has secured powers to hold detainees in Guantanamo Bay without charge and indefinitely. The strength of feeing about 9/11 in America has given this more oppressive system germination and propelled it now, even when more than three years have passed since the attacks on the twin towers. Therefore we can see a dichotomy emerging also which highlights a disconnect between these two examples of how criminal justices themes have emerged as divergent within the spectrum of advanced democracies. To turn now to further examples of criminal justice issues in advanced democracies, these have in many ways highlighted similar issues. Major criminal justice themes have been approached differently in other advanced democracies such as those in continental Europe. Many European countries for example have seen their foreign policy as linked with their efforts to structure the criminal justice system. The troop withdrawal from Iraq and the effects which were projected in relation to this have influenced what is important within these criminal justice systems. Advanced democracies such as India have also had their criminal justice systems influenced by the issues of terrorism and associated crime control. The Indian system sees the shape of their criminal justice system with respect to the detection of terrorism as having a considerable impact upon their ability to forge relationships with actors in the West with whom a political alliance can be economically advantageous. In conclusion this essay has examined the criminal justice system issues which have moved to the forefront of the political and legal agenda in advanced democracies. The issues of social exclusion, the debate about whether retribution or rehabilitation should be the focus of the efforts of the criminal justice system and the approaches taken to terrorism and the new brand of terrorism which has been seen recently have all been evaluated. The diversity which is involved in assessing the contributions and effects of criminal justice issues across different advanced democratic systems shows us how difficult it is to make generalisations about what issues are major in the area of criminal justice. This essay has attempted to extrapolate what themes may be important generally within different advanced democracies. The difference in how each issue develops and manifests itself has been highlighted in the essay. Bibliography Books Allan, T. (1994) Law, Liberty, and Justice: The Legal Foundations of British Constitutionalism. Publisher: Oxford University. Place of Publication: Oxford. Ashworth, A. (2006) Principles of Criminal Law. Publisher: Oxford University Press. Place of Publication: Oxford. Bean, P. (2004) Drugs and Crime. Publisher: Willan Publishing. Place of Publication: UK. Bevir, M. (2005). New Labour: A Critique. Publisher: Routledge. Place of Publication: London. Choo, A. (1993) Abuse of Process and Judicial Stays of Criminal Proceedings. Publisher: Oxford University. Place of Publication: Oxford. Choongh, S. (1997) Policing as Social Discipline. Publisher: Clarendon Press Oxford. Place of Publication: Oxford. Christie, N. (2004) A Suitable Amount of Crime. Publisher: Routledge. Place of Publication: New York. Coates, R., Davis, G., Messmer, H. and Umbreit, M. (1992) Making Amends: Mediation and Reparation in Criminal Justice. Publisher: Routledge. Place of Publication: New York. Cochrane, J., Marsh, I. and Melville, G. (2004) Criminal Justice: An Introduction to Philosophies, Theories and Practice. Publisher: Routledge. Place of Publication: London. Cohen, M. (2005) The Costs of Crime and Justice. Publisher: Routledge. Place of Publication: New York. Coxall, B. and Robins, L. (1998) British Politics Since the War. Palgrave. London. Davies, M., Croall, H. and Tyrer, J. (2005) An Introduction to The Criminal Justice System in England and Wales. Publisher: Longman: Place of Publication: London. Denver, D., King, A., McLean, I., Norris, P., Norton, P., Sanders, D. and Seyd, P. (1998) New Labour Triumphs: Britain at the Polls. Publisher: Chatham House Publishers. Place of Publication: Chatham, NJ. Dixon, J. and Macarov, D. (1998) Poverty: A Persistent Global Reality. Publisher: Routledge. Place of Publication: London. Fennell, P., Harding, C., Jà ¶rg, N. and Swart, B. (1995) Criminal Justice in Europe: A Comparative Study. Publisher: Clarendon Press. Place of Publication: Oxford. Fielding, N. (1995). Community Policing. Publisher: Clarendon Press. Place of Publication: Oxford. McLaughlin, Ferguson, Hughes and Westmarland (2003-2004) Restorative Justice critical issues. Publisher: Sage Publications. Place of publication: UK. Singer, P. (1990) A companion to ethics. Publisher: Blackwell. Place of publication: Oxford. Articles Marshall, T. (1999) Restorative justice: an overview. Publisher: The Home Office Research Development and Statistics Directorate. Place of publication: UK. Websites Used http://www.restorativejustice.org.uk/?Glossary

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Grazing ecosystems support more herbivore biomass than any other terrestrial habitat (Sinclair 1975, Detling 1988, McNaughton et al. 1989, 1991, Huntly 1991). A functional consequence of this disparity in trophic structure emerges by comparing the relationship between aboveground production and herbivore consumption in the Serengeti and Yellowstone ecosystems with that in other terrestrial ecosystems [ILLUSTRATION FOR FIGURE 3 OMITTED]. For consumption measurements, we included plant material removed by all important herbivores, both vertebrates and invertebrates. All values were energy equivalents (kJ), converted from biomass measurements using standard conversion factors (Golley 1968). For productivity measurements, we considered only the nonwoody fraction of aboveground productivity - that is, net foliage production (NFP) - because woody production is largely unavailable to herbivores. Plotting plant production against consumption revealed that terrestrial ecosystems fall into two groups that are distinguished by the intensity of herbivory ([F.sub.1,78] = 88.2, P [less than] 0.0001; [ILLUSTRATION FOR FIGURE 3 OMITTED]). The first group includes low-herbivory habitats: desert, tundra, temperate forest, tropical forest, [TABULAR DATA FOR TABLE 1 OMITTED] and small grassland sites lacking large herbivores. The second includes the Serengeti and Yellowstone, which exhibit high herbivory rates. On average, herbivores removed 57% (SE = 3.4, n = 40) of NFP in the Serengeti and Yellowstone, whereas they removed only 9% (SE = 1.4, n = 40) of NFP in other terrestrial ecosystems. For example, only 10% (SE = 2.1, n = 14) of the aboveground production was consumed in temperate grasslands that lack large herbivores, showing that the removal of migratory grazers dramatically affects the energy dynamics of grasslands. Slopes of the relationships did not differ statistically between the two groups (P [greater than] 0.10) and were greater than 1, indicating that the proportion of available primary production consumed increased as NFP increased for both groups of habitats. The low level of dispersion of samples around the regression line characterizing plant productivity and consumption in the Serengeti and Yellowstone grasslands suggests that the relationship describes a continuum from cool, temperate to warm, tropical grazing ecosystems. Primary production is greater in... ...erlag. McNaughton SJ, Milchunas DG, Frank DA. 1996. How can net primary productivity be measured in grazing ecosystems? Ecology 77: 974-977. Meagher M. 1973. The Bison of Yellowstone National Park. National Park Service Scientific Monograph Series 1. Washington (DC): United States Department of Interior. Meagher M, Meyer ME. 1994. On the origin of brucellosis in bison of Yellowstone National Park: A review Conservation Biology 8: 645-653. Milchunas DG, Lauenroth WK. 1993. Quantitative effects of grazing on vegetation and soils over a global range of environments. Ecology 63: 327-366. Morton JK. 1972. Phytogeography of the west African mountains. Pages 221-236 in Valentine DH, ed. Taxonomy, Phytogeography, and Evolution. New York: Academic Press. Oesterheld, M, Sala OE, McNaughton SJ. 1992. Effect of animal husbandry on herbivore carrying capacity at the regional scale. Nature 356: 234-236. Peters RH. 1983. The Ecological Implications of Body Size. Cambridge (UK): Cambridge University Press. Prins HHT. 1996. Ecology and Behavior of the African Buffalo: Social Inequality and Decision Making London: Chapman & Hall. Senft RL, Coughenour MB, Bailey DW, Rittenhouse LR, Sala

Chilean Mining Accident Essay

Donald Marrin 4/8/12 Brittney Preece â€Å"On Aug. 5, 2010, a gold and copper mine near the northern city of Copiapo, Chile caved in, trapping 33 miners in a chamber about 2,300 feet below the surface. For 17 days, there was no word on their fate. As the days passed, Chileans grew increasingly skeptical that any of the miners had survived — let alone all of them. But when a small bore hole reached the miners’ refuge, they sent up a message telling rescuers they were still alive. † (Chile Mining Accident (2010), New York Times) Anytime a communication is given you need to consider how much information needs to be told and the exact information so you can keep it consistent. In a time of crisis consistency is a must to make sure you appear to be doing everything you can. Any time it is a dangerous situation you always want to be open for communication and until you know definite that any of the miners involved are injured or worse you always want to be optimistic. If you tell them the outcome is grim then you may cause panic and uproar when in reality the outcome could be completely different. The most important thing the company needs to keep in mind was the needs of the families of the miners involved and the needs of the employees. Each communication would need to be geared to make sure they know that the mine is doing everything it can to ensure safety of the trapped miners and take extra steps to ensure the safety of the other employees. The message geared to the families regarding the trapped miners would need to be reassuring and let them know that all possible resources are being used to get the miners out as soon as possible to ensure the safety and well being of their loved ones. Like i said earlier, communication would be key in this time. Anything you may think is small the families would want to know all information before they happen to hear it on the news or read it in an article. I also would want to know that until the miners were recovered and ready to return to work that the company would help by financially supporting the families which would reduce the amount of stress on the affected miners and possible offer a quicker recovery. The employees would want to know that safety would be the companys number one priority from then on out to help prevent a tragedy of this magnitude from happening again in the future. Also as an employee, seeing fellow coworkers trapped and in need i would want to pitch in and help. So i believe that other mining should cease until the miners are saved. This would show that the company cares about the workers and not just out for the profits and make the workers just a number. Draft 1: To Families I believe the best way to communicate with the loved ones of the miners would be face to face, possible in a conference room with all the families and the management of the mine. Families and loved ones we have called you hear today to inform you that one of our mines has suffered and cave in and 33 of our miners are currently trapped 300 meters below ground. However, rescuers are drilling holes in an attempt to locate the workers as quickly as possible. Every resource we have is being called in to help the trapped miners. Any information that we learn, the families and loved ones will be the first to know. At this time we are optimistic that the miners are still alive and will be rescued as soon as possible. Any questions or concerns can be directly communicated with one of the management members who will be available to help the families. Draft 2: To the employees In a situation of this magnitude fact to face communication is always best but to quickly get the message to all members of the workforce a memo or newsletter would be effective. Today a horrible incident has happened involving a collapsed mine trapping 33 of our fellow coworkers. All resources are being used to quickly and efficiently rescue the miners. Safety is our number one priority and all safety regulations and safety checks will be implemented to ensure the safety of our employees. We want to prevent anything of this caliber happening in the future. Our employees are our future so we want to keep you safe while at work. We will have counselors on site to help anyone who needs to cope with the situation. At this time we are optimistic the miners will be safely rescued.

Ambition of Macbeth and Victor Frankenstein - 704 Words

Everyone has a since of ambition built inside of them. Your inner self determines whether you keep it under the surface or let it all come out. In the play Macbeth ambition gets the best of the main character. This is also evident in the novel Frankenstein with its main character. Both of these characters were fallen victims of their own inner ambitious ways. Ambition in both of these books is key to the understanding of each character’s actions. Macbeth’s ambitious ways takes over his whole inner self throughout his time of first wanting to be king. Macbeth was thought to be a great leader and war hero before he was king. Macbeth was hatched an idea by three suspicious witches in whom he had never come in contact with before. They told him that he would one day become King of Scotland. After the witches disappeared, he got to think a lot about what they told him and pondered the words they spoke. Macbeth sends a letter to his wife about his feelings of what he had heard. When Macbeth returned back to his castle his wife wanted to lead him down a dark path and feed his ambition. Macbeth decides he wants to go after the crown after consulting his wife. I have no spur to prick the sides of my intent, but only vaulting ambition, which oerleaps itself, and falls on thother.... (Act I, scene vii) This shows that Macbeth’s only reason to kill Duncan is for his ambition. Macbeth ends up killing Duncan. The way Macbeth killed Duncan made it a great crime scene. 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